Remuneration Tribunal Determination 2008/22 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2008/22, made under the Remuneration Tribunal Act 1973, establishes remuneration and allowances for various public office holders. Enacted to address the need for fair and consistent remuneration for those in public office, the determination sets out personal remuneration arrangements for specific office holders, including the Australian Electoral Commissioner and the Examiner of the Australian Crime Commission. This legislative instrument was introduced to ensure that remuneration aligns with established provisions, particularly those outlined in relevant Cabinet Circulars. The Remuneration Tribunal, empowered by the Act, undertook its determination through established consultation practices to ensure the provisions are fair and justifiable. The determination also ensures that any retrospective application does not adversely affect the rights of individuals or impose new liabilities on them, in accordance with the Legislative Instruments Act 2003.

Scope and Application

The Remuneration Tribunal, as outlined in the Remuneration Tribunal Act 1973, has issued a determination concerning the remuneration and allowances for various office holders. This determination, numbered 8 of 2008 and subsequently amended, applies to specific individuals holding public offices and sets out their personal remuneration arrangements. The Tribunal's authority to make such determinations is grounded in sub-sections 7(3) and 7(4) of the Act. The determinations affect full-time office holders, including the Australian Electoral Commissioner, the Examiner of the Australian Crime Commission, and the Chief Executive of the National Capital Authority. Notably, these determinations are informed by consultation and adhere to established practices. Importantly, any retrospective application does not adversely affect the rights of persons, other than the Commonwealth or its authorities, and does not impose any liability on such individuals. The scope of the Act is national, as it pertains to federal public office holders, and its application extends through subordinate instruments, such as the Principal Determination referenced in Clause 1.1.

Key Provisions

The Remuneration Tribunal has established new remuneration and allowances for certain public office holders under the Remuneration Tribunal Act 1973. Clause 1.1 specifies the Principal Determination (Number 8 of 2008 as amended) for these purposes. Clauses 1.2 to 1.4 set the remuneration for Mr Ed Killesteyn, who occupies the office of Australian Electoral Commissioner, effective from 5 January 2009. Clauses 1.5 to 1.6 address the remuneration for the Hon John Hannaford, who is reappointed as Examiner of the Australian Crime Commission, starting on 12 January 2009. This adjustment in remuneration is consistent with the provisions outlined in Cabinet Circulars 2 and 6 of 2006, which pertain to remuneration arrangements for former state parliamentarians. Clause 1.7 specifies the remuneration for the Chief Executive of the National Capital Authority, which was previously part of the Principal Executive Office structure. The Act imposes specific obligations on the Remuneration Tribunal to ensure that remuneration and allowances are determined in a manner that is fair and reflective of the responsibilities and duties associated with the public office. The Tribunal must consult with relevant stakeholders and consider established practices when making these determinations. Additionally, the Act mandates that any retrospective application of the Tribunal's decisions should not adversely affect the rights of any person (excluding the Commonwealth or its authorities) and should not impose any new liabilities on them. The Tribunal must also ensure that any changes in remuneration align with relevant Cabinet Circulars, as seen in the case of the Hon John Hannaford. Breaches of the provisions set out in this legislation could potentially lead to legal consequences. While the document does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach, the Tribunal's authority under the Remuneration Tribunal Act 1973 implies that non-compliance with its determinations could be subject to legal scrutiny. The potential penalties or consequences would likely be determined by the courts based on the nature and severity of the breach, considering the statutory framework within which the Tribunal operates. The specific penalties are not enumerated in the provided text, but they could range from fines to more severe penalties depending on the breach's impact and the jurisdiction's legal framework.