Remuneration Tribunal Determination 2008/04 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration and Allowances for Holders of Public Office Determination 2008/04 was enacted under the Remuneration Tribunal Act 1973. This Act empowers the Remuneration Tribunal to determine the remuneration and related matters for office holders, aiming to ensure fair and equitable compensation that reflects the responsibilities and demands of public office. The 2008/04 Determination addresses the need for updated remuneration rates and allowances for various public office holders, reflecting changes in office structure, responsibilities, and external market conditions. The determination was made by the Remuneration Tribunal, which consulted extensively in accordance with established practices to inform its decisions. The policy objective of this legislation is to maintain a remuneration structure that is both competitive and reflective of the roles and responsibilities of public office holders, thereby attracting and retaining qualified individuals in public service.

Scope and Application

The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, has determined remuneration and allowances for various public office holders through the Determination 2008/04. This determination applies to full-time and part-time office holders and is effective from specific dates as outlined in the clauses. For instance, Clauses 1.2 and 1.3 set out the increased remuneration for the Principal Member of the Veterans' Review Board effective from 16 October 2007, while Clauses 2.4 and 2.5 establish remuneration for the new offices of Chair and Member of Skills Australia, effective from 20 March 2008. The Tribunal consulted in accordance with established practice before making these determinations. Notably, the determinations do not affect the rights of any person adversely nor impose any liability on them, as stipulated by subsection 12(2) of the Legislative Instruments Act 2003. The scope of this determination is not limited to a specific geographic area but applies nationally within Australia.

Key Provisions

The Remuneration Tribunal has established specific remuneration and allowances for holders of public office under the Remuneration Tribunal Act 1973. This determination (F2008L01340) outlines the financial compensation and related benefits for office holders, reflecting the Tribunal's powers and consultation practices (section 1). The Tribunal has meticulously informed itself through established consultation methods to make this determination (section 2). Importantly, the retrospective application of this determination adheres to subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of individuals (other than the Commonwealth or its authorities) or impose any liabilities upon them (section 3). For full-time offices, the Principal Determination (Number 13 of 2007 as amended) is specified in clause 1.1, forming the basis for Part 1 of the Determination (section 4). Clauses 1.2 and 1.3 detail an increased remuneration level for the Principal Member of the Veterans’ Review Board, effective from 16 October 2007 (section 5). Clauses 1.4 and 1.5 set the remuneration for the Registrar, Administrative Appeals Tribunal, effective from 1 June 2008, following the office's removal from the Principal Executive Office structure (section 6). Clauses 1.6 to 1.8 provide accommodation and reunion travel allowances for Mr Patrick Walker, the member of the Australian Competition and Consumer Commission responsible for petrol price monitoring, effective from 31 March 2008 (section 7). For part-time offices, the Principal Determination (Number 10 of 2007 as amended) is specified in clause 2.1, forming the basis for Part 2 of the Determination (section 8). Clauses 2.2 and 2.3 remove references to obsolete authority offices (section 9). Clauses 2.4 and 2.5 establish remuneration for the new offices of Chair and Member of Skills Australia, effective from 20 March 2008 (section 10). Clauses 2.6 to 2.8 increase remuneration for offices associated with the Tourism Australia Board, effective from 1 January 2008 (section 11). The Act imposes obligations on the parties and entities it governs to ensure compliance with the specified remuneration and allowances. Failure to adhere to these provisions may result in legal repercussions. The determination includes provisions for potential breaches and consequences. Offences and penalties are not explicitly detailed in the text, but the establishment of these allowances and remunerations under the Remuneration Tribunal Act 1973 implies that non-compliance could lead to civil or criminal consequences. The maximum penalties, if applicable, would be as prescribed under the relevant sections of the Act.