REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2008/13
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 – PART-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 7 of 2008) for the purposes of Part 1 of the Determination.
5. Clause 1.2 deletes the references in Table A1A of Schedule A to all offices associated with four bodies which are now defunct: the Australian Film Commission; Film Australia Limited; Film Finance Corporation Australia; and the Life Insurance Actuarial Standards Board.
6. Clauses 1.3 to 1.8 set remuneration for the new offices of Chair, Deputy Chair and Member of the Boards of Screen Australia and the National Film and Sound Archive, with effect on and from 1 July 2008.
7. Clause 1.9 deletes the reference in Table A1A of Schedule A to offices associated with the National Institute of Clinical Studies as this body has become an institute of the National Health and Medical Research Council.
8. Clause 1.10 deletes the references in Clause B1.1 of Schedule B to three bodies. Two of these bodies are now defunct – the Acute Care Advisory Committee and the Medical Services Review Tribunal. The remaining body, the Australian Prescriber Executive Editorial Board, is no longer within the jurisdiction of the Remuneration Tribunal.
9. Clauses 1.11 to 1.12 correct references to two bodies named in Clause B.1 of Schedule B. They also ensure that the list remains in alphabetical order.
10. Clauses 1.13 to 1.15 set remuneration for the new offices of Chair, Deputy Chair and Member of the Australian Fisheries Management Authority Commission, with effect on and from 1 July 2008. They also remove the entry for the Australian Fisheries Management Authority, as previously constituted.
11. Clauses 1.16 to 1.17 set remuneration for the new offices of Chair and Member of Wheat Exports Australia, with effect on and from 1 July 2008. They also remove the entry for Wheat Exports Australia’s predecessor body, the Export Wheat Commission.
PART 2 – FULL-TIME OFFICES
12. Clause 2.1 specifies the Principal Determination (Number 8 of 2008 as amended) for the purposes of Part 2 of the Determination.
13. Clauses 2.2 to 2.4 set remuneration for the new office of Chief Executive Officer of the Australian Fisheries Management Authority Commission, with effect on and from 1 July 2008. They also provide a personal loading for Mr Glenn Hurry while he occupies this office.
14. Clauses 2.5 to 2.7 provide accommodation and reunion travel allowances for Ms Sarah Court, a member of the Australian Competition and Consumer Commission, with effect on and from 1 May 2008.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2008/13, introduced under the Remuneration Tribunal Act 1973, aims to address the need for updated and accurate remuneration details for various public office holders, particularly in response to organisational changes and the establishment of new entities. This determination, enacted by the Remuneration Tribunal, ensures that the remuneration and allowances for both part-time and full-time public office holders are appropriately set, reflecting changes in their roles and responsibilities. The policy objective is to provide fair and equitable remuneration that aligns with the duties and expectations of the respective offices, thus maintaining public trust and efficiency in governance.
This legislation reflects the Tribunal's role in periodically reviewing and adjusting remuneration based on current market conditions and organisational needs, ensuring that public servants are adequately compensated for their contributions. By updating the remuneration schedules for offices affected by the dissolution of certain bodies or the creation of new entities, the determination aims to maintain a stable and transparent remuneration framework that supports the effective functioning of public institutions.
Scope and Application
The Remuneration Tribunal has determined the remuneration and allowances for various public office holders under the Remuneration and Allowances for Holders of Public Office Determination 2008/13. This determination applies to individuals holding part-time and full-time offices, with specific provisions set out for new offices such as those of Chair, Deputy Chair, and Members of Boards for entities like Screen Australia, the National Film and Sound Archive, and the Australian Fisheries Management Authority Commission, effective from 1 July 2008. The determination also adjusts or removes allowances for defunct or re-constituted bodies, ensuring that the remuneration aligns with current organisational structures and responsibilities. The scope of the Act includes the Commonwealth and relevant authorities, and it extends to any adjustments or deletions in the schedules that detail the remuneration for specific offices. The Tribunal has ensured that any retrospective application of this determination does not adversely affect the rights of persons, other than the Commonwealth or its authorities, in accordance with the Legislative Instruments Act 2003. The application of the Act is governed by the Remuneration Tribunal Act 1973, with subordinate instruments potentially extending or refining its application.
Key Provisions
The Remuneration Tribunal has enacted Determination 2008/13, which outlines the remuneration and allowances for various public office holders. Section 1 confirms the Tribunal's authority to make such determinations under the Remuneration Tribunal Act 1973. Section 2 notes that the Tribunal's determination was made following consultations in line with established practice. Importantly, Section 3 specifies that any retrospective application of this determination complies with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not disadvantage any person other than the Commonwealth or its authorities, nor impose any new liabilities on them.
Sections 4 through 17 detail specific provisions for different categories of offices. For part-time offices, Clause 1.1 specifies the Principal Determination (Number 7 of 2008). Clauses 1.2 and 1.9 remove references to defunct bodies such as the Australian Film Commission and the National Institute of Clinical Studies, respectively. Clauses 1.3 to 1.8, 1.10 to 1.12, and 1.13 to 1.15 establish or adjust remuneration for new and existing offices, including those of the Screen Australia and the National Film and Sound Archive, as well as the Australian Fisheries Management Authority Commission. Clauses 1.16 and 1.17 similarly address the remuneration for offices at Wheat Exports Australia.
For full-time offices, Clause 2.1 specifies the Principal Determination (Number 8 of 2008 as amended). Clauses 2.2 to 2.4 establish the remuneration for the Chief Executive Officer of the Australian Fisheries Management Authority Commission, with a personal loading for Mr Glenn Hurry. Clauses 2.5 to 2.7 provide specific allowances for Ms Sarah Court, a member of the Australian Competition and Consumer Commission, effective from 1 May 2008.
The legislation imposes clear obligations on the Remuneration Tribunal to ensure that remuneration and allowances for public office holders are appropriately set and updated. The Tribunal must consult with relevant stakeholders and consider changes in organisational structures or roles when making its determinations. The obligation to update or remove references to defunct bodies or new jurisdictions ensures the legislation remains current and relevant.
Section 3 outlines the consequences for any breach of the provisions set forth in this determination. While the explanatory statement does not specify offences, penalties, or civil/criminal consequences for breach, it is implied that non-compliance with the Tribunal's determinations could lead to legal repercussions under the Remuneration Tribunal Act 1973 or other relevant legislation. The penalties for such breaches would depend on the specific nature of the contravention and the applicable laws.