REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2009/04
Remuneration and Allowances for Holders of Public Office; and Members of Parliament – Entitlements and Office Holders Additional Salary
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders and members of Parliament, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. 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.
PART 1 – PART-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 7 of 2008 as amended) for the purposes of Part 1 of the Determination.
5. Clauses 1.2 to 1.4 delete all references to offices associated with three bodies which are now defunct: Health Services Australia Ltd; Ministerial Advisory Committee on AIDS, Sexual Health and Hepatitis; and National Land and Water Resources Audit Advisory Council.
6. Clauses 1.5 to 1.6 set remuneration for the new offices of Chair and Member of the Education Investment Fund Advisory Board (EIFAB), with effect on and from 16 February 2009. They also remove all references to the Higher Education Endowment Fund Advisory Board, which has been incorporated into the EIFAB.
PART 2 – FULL-TIME OFFICES
7. Clause 2.1 specifies the Principal Determination (Number 8 of 2008 as amended) for the purposes of Part 2 of the Determination.
8. Clauses 2.2 to 2.4 set remuneration for the new offices of Fair Work Ombudsman and General Manager of Fair Work Australia, with effect from 16 April 2009.
PART 3 – MEMBERS OF PARLIAMENT - ENTITLEMENTS
9. Clause 3.1 specifies the Principal Determination (Number 18 of 2006 as amended) for the purposes of Part 3 of the Determination.
10. Clauses 3.2 and 3.3 replace the current table setting out electorate allowance rates with clauses setting a common base rate of electorate allowance for all Senators and Members of the House of Representatives, with supplementary amounts for Members of larger electorates, with effect on and from 1 May 2009.
PART 4 – MEMBERS OF PARLIAMENT – OFFICE HOLDERS ADDITIONAL SALARY
11. Clause 4.1 specifies the Principal Determination (Number 19 of 2008) for the purposes of Part 4 of the Determination.
12. Clause 4.2 ceases payment of additional salary to Deputy Chairs of Senate Legislative and General Purpose Standing Committees from 14 May 2009, the date advised for a change in the structure of those committees.
Authority: Sub-sections 7(1), 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Act 1973 establishes the Remuneration Tribunal, empowering it to determine remuneration and allowances for holders of public office and members of Parliament. This Act was introduced to ensure that the remuneration of public office holders and parliamentarians is reviewed and adjusted periodically to reflect changes in economic conditions and the cost of living. The Act addresses the gap in maintaining fair and adequate compensation for those serving in public office and Parliament. The Remuneration Tribunal, as the enacting body, aims to provide a transparent and fair remuneration system that aligns with the responsibilities and demands of public service. This determination, made under the authority of the Remuneration Tribunal Act 1973, ensures that remuneration is periodically reviewed and updated to maintain its relevance and adequacy.
Scope and Application
The Remuneration Tribunal has enacted Determination 2009/04 under the Remuneration Tribunal Act 1973, addressing remuneration and allowances for holders of public office and members of Parliament. This determination applies to all office holders and members of Parliament in Australia, setting forth the remuneration and related matters within the purview of the Tribunal. It encompasses both part-time and full-time offices, including the establishment of remuneration for new positions such as the Chair and Member of the Education Investment Fund Advisory Board, and the Fair Work Ombudsman. Additionally, it revises the structure of allowances for members of Parliament, establishing a common base rate for all Senators and Members of the House of Representatives, with supplementary allowances for members representing larger electorates. The determination also includes provisions for ceasing additional salary payments to Deputy Chairs of Senate Legislative and General Purpose Standing Committees, effective from a specified date. The Tribunal's determinations are made through consultation and do not adversely affect the rights of individuals, as per the Legislative Instruments Act 2003.
Key Provisions
The Determination 2009/04 made by the Remuneration Tribunal under the Remuneration Tribunal Act 1973 (section 7) specifies the remuneration and allowances for holders of public office and members of Parliament. Clause 1.1 refers to the Principal Determination (Number 7 of 2008 as amended) for part-time offices, while Clause 2.1 refers to the Principal Determination (Number 8 of 2008 as amended) for full-time offices. Clause 3.1 refers to the Principal Determination (Number 18 of 2006 as amended) for members of Parliament, and Clause 4.1 refers to the Principal Determination (Number 19 of 2008) for members of Parliament office holders additional salary. Clauses 1.2 to 1.4 remove references to defunct offices, and Clauses 2.2 to 2.4 set remuneration for new offices. Clauses 3.2 and 3.3 set a common base rate of electorate allowance for all Senators and Members of the House of Representatives, with supplementary amounts for Members of larger electorates. Clause 4.2 ceases payment of additional salary to Deputy Chairs of Senate Legislative and General Purpose Standing Committees from 14 May 2009.
The Determination imposes obligations on the relevant parties to adhere to the specified remuneration and allowances for the offices mentioned in the Determination. The Remuneration Tribunal is responsible for setting the remuneration and allowances, which must be followed by the relevant parties. The obligation to pay the specified remuneration and allowances is imposed on the Commonwealth and relevant authorities. The obligation to comply with the Determination is imposed on office holders and members of Parliament.
The Determination does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, failure to adhere to the specified remuneration and allowances may result in legal action or other consequences as provided for under the relevant legislation. The maximum penalties for offences under the Remuneration Tribunal Act 1973 are not specified in the Determination. It is important to note that the Determination is subject to the provisions of the Legislative Instruments Act 2003, which provides for the retrospective application of legislative instruments that do not affect the rights of a person to that person’s disadvantage, nor impose any liability on such a person.