Remuneration Tribunal Determination 2008/20 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2008/20, introduced under the Remuneration Tribunal Act 1973, aims to address the need for timely and consistent remuneration determinations for holders of public office. Enacted by the Remuneration Tribunal, this legislation seeks to ensure that remuneration is equitable and in line with the roles and responsibilities of office holders. The determination was made through consultation in accordance with established practice, ensuring that it reflects current conditions and needs. The policy objective is to maintain fair and competitive remuneration for public office holders, while avoiding any adverse impact on individuals other than the Commonwealth or its authorities. This determination specifically addresses remuneration for both part-time and full-time offices, including the establishment of remuneration for new offices and adjustments to existing ones, as well as clarifying the treatment of facilities provided to office holders.

Scope and Application

The Remuneration and Allowances for Holders of Public Office Determination 2008/20, made under the authority of the Remuneration Tribunal Act 1973, outlines remuneration and related matters for office holders within the Commonwealth. This determination applies to part-time and full-time office holders, including newly established positions such as the Chair and Member of the National Indigenous Health Equality Council, and the Assistant Director of the Social Security Appeals Tribunal. It also addresses the remuneration of acting office holders, such as when the Deputy Convenor acts as the Convenor of the Classification Review Board or the Deputy Director acts as the Director of the Classification Board. Notably, this determination specifies that certain facilities, such as mobile phones and laptops, should not be considered part of an office holder's total remuneration. The determination includes provisions for retrospective application, ensuring that it does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, nor impose any liability on them. The geographic reach of this legislation is confined to the Commonwealth, and any further application or restriction of this Determination may be extended or modified through subordinate instruments as necessary.

Key Provisions

The Remuneration Tribunal has issued a determination concerning the remuneration and allowances for holders of public offices, which is laid out in clauses 1.1 to 2.9 of the document. Clause 1.1 references the Principal Determination (Number 7 of 2008 as amended) for part-time offices, and Clause 1.2 sets the remuneration for the new offices of Chair and Member of the National Indigenous Health Equality Council, which came into effect on 20 August 2008. Clauses 1.4 and 1.5 state that when the Deputy Convenor acts as the Convenor of the Classification Review Board, they will be entitled to the same remuneration and other conditions as a substantive appointee to the office of Convenor, effective from 12 September 2008. Clauses 1.6 and 1.7 remove the reference to the office of Chief Scientist, which has been converted to a full-time office, with effect from 3 November 2008. Clause 1.8 changes the name of one of the Professional Committees referred to in subclause B1.1 of Schedule B of the Principal Determination and ensures that the list remains in alphabetical order. The obligations and requirements imposed by this determination on the parties or entities it governs include the setting of remuneration for new and existing offices, ensuring that part-time office holders are compensated fairly for acting in a higher role, and the conversion of the Chief Scientist position to a full-time role with appropriate remuneration. Additionally, it clarifies that facilities such as a mobile phone, laptop, or other office equipment should not be treated as forming part of an office holder’s total remuneration. In terms of potential breaches and penalties, the document states that 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. However, the document does not explicitly outline any specific offences, penalties, or civil/criminal consequences for breach. It is likely that any breach of the Remuneration Tribunal Act 1973 or its regulations would be subject to the penalties outlined in the Act or relevant legislation.