Remuneration Tribunal Determination 2009/01 - Remuneration and Allowances for Holders of Public Office and Members of Parliament - Entitlements

Overview

The Remuneration Tribunal Determination 2009/01, issued under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for holders of public office and members of Parliament. Enacted by the Remuneration Tribunal, this determination aims to provide clear guidelines and adjustments to the financial entitlements of public office holders and members of Parliament, ensuring that their remuneration reflects current economic conditions and operational requirements. The determination includes setting specific remuneration rates for new and existing offices, adjusting allowances based on inflation and other relevant factors, and clarifying the application of certain allowances during election years. The policy objective is to maintain equitable and transparent remuneration practices that reflect the responsibilities and costs associated with public office. Clauses 1.2 to 1.4 establish remuneration for new part-time offices, such as the Chair and Member of the Australian Organ and Tissue Donation and Transplantation Authority Advisory Council, effective from 1 January 2009. Clauses 2.2 to 2.5 address full-time offices, including a specific rate for Dr Peter Boxall AO as a Member of the Australian Securities and Investments Commission, and the remuneration for the Chief Executive Officer of the Australian Organ and Tissue Donation and Transplantation Authority. Clauses 3.2 to 3.4 adjust the Communications Allowance for Members of Parliament to account for price increases and clarify the application of these allowances during election years, ensuring consistency and fairness in their financial entitlements.

Scope and Application

The Remuneration Tribunal has determined specific remuneration and allowances for office holders and Members of Parliament under the Remuneration Tribunal Act 1973. This determination applies to various offices and positions, including new offices such as the Chair and Member of the Australian Organ and Tissue Donation and Transplantation Authority Advisory Council, as well as full-time positions like the Chief Executive Officer of the same Authority and person-specific rates for certain Members of the Australian Securities and Investments Commission. Additionally, it addresses entitlements for Members of Parliament, adjusting their communications allowance and clarifying the conditions for call forward of such allowances during election years. The application of this determination is retrospective in accordance with the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of any individual or impose new liabilities. The scope of this legislation is national, encompassing both part-time and full-time offices across various public entities, with no specific exclusions mentioned in the provided text.

Key Provisions

The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, has issued a determination that establishes remuneration and related entitlements for public office holders and Members of Parliament. This determination, 2009/01, focuses on the remuneration and allowances for holders of public office and Members of Parliament. It was made following consultations in line with established practice. Importantly, any retrospective application of this determination does not adversely affect the rights of any person other than the Commonwealth or an authority of the Commonwealth, nor does it impose any liability on such a person (subsection 12(2) of the Legislative Instruments Act 2003). This determination comprises three parts. Part 1 sets out the remuneration for part-time offices. Clause 1.1 references the Principal Determination (Number 7 of 2008 as amended) for Part 1. Clauses 1.2 to 1.4 establish the remuneration for the new offices of Chair and Member of the Australian Organ and Tissue Donation and Transplantation Authority Advisory Council, effective from 1 January 2009. Part 2 deals with full-time offices. Clause 2.1 references the Principal Determination (Number 8 of 2008 as amended) for Part 2. Clauses 2.2 to 2.3 specify that Dr Peter Boxall AO will receive a person-specific rate of remuneration as a Member of the Australian Securities and Investments Commission, from the date of his commencement. Clauses 2.4 and 2.5 set the remuneration for the Chief Executive Officer of the Australian Organ and Tissue Donation and Transplantation Authority, effective from 1 January 2009. Clause 2.6 sets a personal loading for Ms Karen Murphy, while she occupies the office for which remuneration was set in Clause 2.4. Part 3 addresses Members of Parliament - Entitlements. Clause 3.1 references the Principal Determination (Number 18 of 2006 as amended) for Part 3. Clauses 3.2 to 3.3 increase the multiplier by which Communications Allowance is calculated, reflecting a price increase by Australia Post, and provide a mechanism for adjusting the allowances of Members of Parliament for the 2008/09 year. Clause 3.4 clarifies the call forward of Communications Allowance in an election year, specifying that the call forward only relates to expenditure incurred after the election. The obligations and requirements imposed by this determination primarily revolve around the specific remuneration and allowances set out for various office holders and Members of Parliament. For part-time offices, the determination sets forth the remuneration for new offices such as the Chair and Member of the Australian Organ and Tissue Donation and Transplantation Authority Advisory Council. For full-time offices, it specifies the remuneration for the Chief Executive Officer of the Authority and sets a personal loading for Ms Karen Murphy. Additionally, the determination adjusts the Communications Allowance for Members of Parliament, reflecting a price increase and clarifying the call forward mechanism in an election year. The Remuneration Tribunal Act 1973 does not specify particular offences, penalties, or civil/criminal consequences for breaches of the determinations issued by the Tribunal. However, non-compliance with the remuneration and allowances set out by the Tribunal could potentially lead to legal disputes or claims for underpayment. The determination itself does not explicitly outline penalties for non-compliance, but it is governed by the broader framework of the Remuneration Tribunal Act 1973, which empowers the Tribunal to make such determinations to ensure fair and equitable remuneration for public office holders and Members of Parliament.