Remuneration Tribunal Determination 2009/03 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, has issued Determination 2009/03 to address the remuneration and allowances for holders of public office. This determination follows the Tribunal's mandate to review and set the remuneration for various office holders in line with established practices, including consultation with relevant stakeholders. The determination ensures that any retrospective application does not adversely affect the rights of individuals, other than the Commonwealth or its authorities, as outlined in subsection 12(2) of the Legislative Instruments Act 2003. The document delineates adjustments to remuneration for part-time and full-time offices, including the establishment of new positions such as the Chair and Member of the Health and Hospitals Fund Advisory Board and the Defence Science and Technology Organisation Advisory Board, effective from specific dates in early 2009. Additionally, it rectifies and clarifies references to certain authorities and boards, ensuring the accuracy and applicability of the remuneration provisions.

Scope and Application

The Remuneration Tribunal Determination 2009/03 pertains to the remuneration and allowances for holders of public office, as authorised by the Remuneration Tribunal Act 1973. This determination applies to various part-time and full-time offices, including the establishment of remuneration for new positions such as the Chair and Member of the Health and Hospitals Fund Advisory Board, effective from 13 February 2009, and the Chair and Member of the Defence Science and Technology Organisation Advisory Board, effective from 1 March 2009. It also adjusts the remuneration for the Registrar of Aboriginal and Torres Strait Islander Corporations, effective from 18 November 2008. The Tribunal has consulted established practices in making these determinations, ensuring that any retrospective applications do not disadvantage any person, nor impose liability, in accordance with the Legislative Instruments Act 2003. The changes include clarifications and corrections to existing references without altering associated fees and entitlements, and the removal of references to defunct offices such as those related to the Broadcasting Council and National Standards Commission. The geographic and jurisdictional reach of this Act is nationwide, as it pertains to Commonwealth public office holders.

Key Provisions

The Remuneration Tribunal has issued a determination under the Remuneration Tribunal Act 1973 that sets out the remuneration and allowances for various public office holders. The operative sections include Clause 1.1, which specifies the Principal Determination (Number 7 of 2008 as amended) for part-time offices, and Clause 2.1, which specifies the Principal Determination (Number 8 of 2008 as amended) for full-time offices (clauses 4 and 10). Clauses 1.2 to 1.3 and 2.2 to 2.3 detail specific remuneration for new and existing offices, such as the Chair and Member of the Health and Hospitals Fund Advisory Board and the Registrar of Aboriginal and Torres Strait Islander Corporations (clauses 5, 6, 9, 11). Clauses 1.4 to 1.5 and 1.7 to 1.8 involve corrections and clarifications to existing references without altering the fees and entitlements (clauses 6, 7, 8). Clause 1.6 removes references to defunct offices, ensuring the determination remains relevant and accurate (clause 7). The Remuneration Tribunal Act 1973 mandates that the Tribunal consults with relevant stakeholders in making its determinations. This determination reflects the Tribunal’s commitment to transparency and fairness in setting remuneration for public office holders. The Tribunal ensures that any retrospective application of this determination does not disadvantage individuals or impose new liabilities on them, in accordance with subsection 12(2) of the Legislative Instruments Act 2003 (clause 3). The Act empowers the Tribunal to adjust remuneration and related allowances to reflect changes in office roles, responsibilities, and economic conditions. Breach of the provisions set out in this determination could lead to various consequences. The Remuneration Tribunal Act 1973 does not explicitly outline specific offences or penalties for non-compliance with this determination. However, any failure to adhere to the set remuneration and allowances could result in legal disputes or challenges. These could potentially be addressed in civil courts, where remedies such as declarations, injunctions, or damages may be sought. The maximum penalties for non-compliance are not specified in the text, but they could include financial penalties or other legal sanctions as deemed appropriate by the courts.