Remuneration Tribunal Determination 2008/18 - Remuneration and Allowances for Holders of Public office

Overview

The Remuneration and Allowances for Holders of Public Office Determination 2008 was enacted to provide guidelines and set remuneration rates for various public office holders, as per the Remuneration Tribunal Act 1973. This determination was made by the Remuneration Tribunal, which was established under the Act to oversee and regulate the remuneration and allowances for office holders. The policy objective of the Act is to ensure that public office holders receive appropriate and fair remuneration, thereby maintaining the integrity and efficiency of public services. The explanatory statement accompanying the determination outlines the process by which the Tribunal consulted to make its determinations, ensuring that any retrospective application does not adversely affect the rights of individuals or impose additional liabilities on them. The determination addresses specific remuneration and allowance issues for both part-time and full-time public office holders, including adjustments to travel allowances and accommodation entitlements.

Scope and Application

The Remuneration Tribunal Determination 2008/18 applies to office holders within the Commonwealth, focusing on their remuneration and allowances. The Act governs both part-time and full-time offices, as specified in Parts 1 and 2 of the Determination. It mandates specific remuneration for members of the Australian Bravery Decorations Council and the Council for the Order of Australia, as well as setting allowances for Classification Board Members. Additionally, the Determination addresses the remuneration of the President of the Human Rights and Equal Opportunity Commission, adjusting rates for the outgoing and incoming Presidents. The application of this Determination is in accordance with the Legislative Instruments Act 2003, ensuring that any retrospective changes do not adversely affect the rights of any person other than the Commonwealth or its authorities. The Remuneration Tribunal Act 1973 provides the legislative authority for these adjustments, with the Tribunal empowered to make such determinations through consultation and established practice.

Key Provisions

The Remuneration Tribunal has issued Determination 2008/18 under the Remuneration Tribunal Act 1973, addressing remuneration and allowances for holders of public office. This determination involves two main parts: Part 1 focuses on part-time offices (Clause 1.1 and 1.2), while Part 2 deals with full-time offices (Clauses 2.1 to 2.6). Clause 1.1 references the Principal Determination (Number 7 of 2008 as amended), which applies to part-time offices, and Clause 1.2 provides information on the travel tier for specific councils. For full-time offices, Clause 2.1 references another Principal Determination (Number 8 of 2008 as amended). Clauses 2.2 and 2.3 increase the accommodation allowance for Classification Board Members effective from 1 July 2008 and remove references to a previous scheme. Clause 2.4 replaces the remuneration amounts for the Hon John von Doussa as President of the Human Rights and Equal Opportunity Commission, while Clause 2.5 preserves his current entitlements and sets a lower remuneration for his successor, Hon Catherine Branson, who will also receive additional recreation leave as per Clause 2.6. The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates the Remuneration Tribunal to consult and inform itself through established practices when making determinations on remuneration and allowances. This consultation process is crucial to ensuring that the decisions are well-informed and fair. Furthermore, the Act ensures that any retrospective application of these determinations does not adversely affect the rights of individuals, except for the Commonwealth or its authorities, as per subsection 12(2) of the Legislative Instruments Act 2003. Additionally, the Act provides for specific allowances and entitlements for certain public office holders, such as the accommodation allowance for Classification Board Members and special provisions for the President of the Human Rights and Equal Opportunity Commission. The determinations made under the Remuneration Tribunal Act 1973 are not without potential consequences for breaches. While the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with these determinations, it is reasonable to infer that any failure to adhere to the prescribed remuneration and allowances could lead to legal ramifications. Given that the Remuneration Tribunal is a statutory body empowered to make such determinations, non-compliance could potentially result in legal challenges, administrative penalties, or other corrective measures to ensure adherence to the tribunal's decisions. However, the exact nature and extent of these consequences would need to be determined within the broader legal framework governing public office remuneration in Australia.