REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2008/05
Remuneration and Allowances for Holders of Public Office
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.
PART 1 – FULL-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 13 of 2007 as amended) for the purposes of Part 1 of the Determination.
5. Clauses 1.2 and 1.3 provide for an allowance for reunion travel from his office locality to the capital city nearest his principal place of residence for Mr Alastair Milroy, the Chief Executive Officer of the Australian Crime Commission, with effect on and from 17 December 2007.
6. Clause 1.4 provides the ACCC with the ability to put in place arrangements for Members’ travel to Canberra that are more cost effective than the travel entitlements they are otherwise entitled to under the Determination.
PART 2 – PART-TIME OFFICES
7. Clause 2.1 specifies the Principal Determination (Number 10 of 2007 as amended) for the purposes of Part 2 of the Determination.
8. Clauses 2.2 and 2.3 set remuneration and travel allowance for the newly established offices of Chair and Member of Infrastructure Australia, with effect on and from 8 April 2008.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Act 1973 was enacted to empower the Remuneration Tribunal in determining remuneration and allowances for office holders, addressing the need for a structured and fair system for compensating public officials. The Remuneration Tribunal, as stated in the Explanatory Statement for Determination 2008/05, has exercised its authority under this Act to make determinations regarding the remuneration and allowances for various office holders, ensuring these are aligned with established practices and relevant amendments. This determination is particularly focused on addressing specific remuneration and travel allowances for full-time and part-time office holders, including the Chief Executive Officer of the Australian Crime Commission and the newly established positions within Infrastructure Australia. The enactment of this Act by the Australian Parliament aims to maintain a balanced and equitable remuneration system for public officials, ensuring their compensation reflects the responsibilities and demands of their roles.
Scope and Application
The Remuneration Tribunal is mandated under the Remuneration Tribunal Act 1973 to determine the remuneration and related matters for office holders. This authority is exercised through the Remuneration and Allowances for Holders of Public Office Determination 2008/05, which applies to full-time and part-time office holders within the Commonwealth. This Determination specifies remuneration and allowances for specific roles, such as the Chief Executive Officer of the Australian Crime Commission and the newly established positions of Chair and Member of Infrastructure Australia. The application of this Determination is informed by consultation in accordance with established practice and is retroactive in a manner that does not adversely affect the rights of persons, other than the Commonwealth or its authorities, in accordance with the Legislative Instruments Act 2003. The scope of this Determination can be further extended or modified by subordinate instruments as authorised under the Remuneration Tribunal Act 1973.
Key Provisions
The Remuneration Tribunal has made a determination under the Remuneration Tribunal Act 1973, setting out remuneration and allowances for various public office holders. This determination is detailed in clauses 1.1 to 2.3 of the Determination 2008/05, which amends earlier determinations from 2007. Clause 1.1 refers to the Principal Determination (Number 13 of 2007 as amended) for full-time offices, while Clause 2.1 refers to the Principal Determination (Number 10 of 2007 as amended) for part-time offices. Clauses 1.2 and 1.3 establish a reunion travel allowance for Mr Alastair Milroy, the Chief Executive Officer of the Australian Crime Commission, from his office locality to the capital city nearest his principal place of residence, effective from 17 December 2007. Clause 1.4 enables the Australian Competition and Consumer Commission (ACCC) to implement more cost-effective travel arrangements for Members' travel to Canberra than those provided for in the Determination. Clauses 2.2 and 2.3 establish remuneration and travel allowances for the newly established offices of Chair and Member of Infrastructure Australia, effective from 8 April 2008.
The Act imposes obligations on the Remuneration Tribunal to consult and inform itself in making these determinations. The Tribunal must ensure that any retrospective application of the determination does not adversely affect the rights of individuals, as specified under subsection 12(2) of the Legislative Instruments Act 2003. The Tribunal's process of consultation aligns with established practices, ensuring that the determinations are well-informed and justifiable.
Breaching the provisions set out in the Determination 2008/05 could result in civil or criminal consequences, although specific offences, penalties, or consequences are not detailed within the text of this explanatory statement. The Remuneration Tribunal Act 1973 provides the framework within which these determinations are made and enforced, but the explanatory statement does not delve into the specifics of penalties for non-compliance. The obligations and requirements under this legislation focus on ensuring that remuneration and allowances are set fairly and effectively for public office holders, taking into account their roles and the cost-effectiveness of their travel arrangements.