REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2009/05
Remuneration and Allowances for Holders of Public Office
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, 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. Clause 1.2 deletes all reference to the now defunct Telstra Sale Company Limited.
6. Clauses 1.3 and 1.4 set remuneration for the new office of Chair of the Tuggeranong Office Park Pty Limited with effect on and from 4 December 2008.
7. Clauses 1.5 to 1.8 set remuneration for the new offices of Member and Committee Member of the Tax Practitioners Board with effect on and from 27 April 2009.
8. Clauses 1.9 to 1.11 set remuneration for the new office of Chair and Member of the Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections with effect on and from 17 March 2009.
9. Clause 1.12 deletes all references associated with five bodies which are now defunct: Australian Health Information Council, Medical Services Committees of Inquiry, Optometrical Services Committee of Inquiry, Optometrical Services Review Tribunal, and Therapeutic Goods Committee, Subcommittee on Child Resistant Packaging. The Australian Influenza Vaccine Committee, is removed as the committee members are not remunerated.
10. Clause 1.13 amends a legislative reference. The associated fees and entitlements have not been changed.
11. Clauses 1.14 to 1.15 set remuneration for the new office of Chair of the Patent and Trade Marks Attorneys Disciplinary Tribunal with effect on and from
20 March 2009.
12 Clauses 1.16 to 1.17 set remuneration for the new offices of Chair, Deputy Chair and Member of the Civil Aviation Safety Authority Board with effect on and from 26 March 2009.
13 Clauses 1.18 to 1.19 set remuneration for the new office of Commissioner of the Australian Transport Safety Bureau Commission with effect on and from 26 March 2009.
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 Chair and Member of the Tax Practitioners Board with effect on and from 27 April 2009.
9. Clauses 2.5 and 2.6 set remuneration for the new office of Chief Commissioner of the Australian Transport Safety Bureau Commission with effect on and from
26 March 2009.
10. Clause 2.7 deletes all reference Reunion Travel entitlements for Mr A Milroy, the former Chief Executive Office of Australian Crime Commission.
11. Clauses 2.8 and 2.9 specify that Dr Joe Smith will receive a person specific rate of remuneration while occupying the office of Gene Technology Regulator, with effect from his date of commencement.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2009/05, enacted under the Remuneration Tribunal Act 1973, addresses the need for the Remuneration Tribunal to determine the remuneration and allowances for holders of public office. This Determination was enacted by the Remuneration Tribunal and serves to ensure that the remuneration and related matters for various public office holders are established and updated, thereby aligning with the policy objective of providing fair and equitable compensation for public service roles. The Tribunal consulted established practices to inform its determination, ensuring that any retrospective application does not adversely affect the rights of individuals, as per subsection 12(2) of the Legislative Instruments Act 2003. This Determination specifically sets remuneration for new and existing offices, including part-time and full-time roles, and removes references to defunct bodies or roles where appropriate.
Scope and Application
The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, has issued a determination that sets out the remuneration and allowances for various holders of public office. This determination applies to both part-time and full-time office holders and includes the establishment of new offices and the amendment of existing ones, as well as the deletion of references to defunct bodies. The geographic reach of this legislation is national, as it pertains to various Commonwealth entities and their officials. It does not impose any liability or affect the rights of any person other than the Commonwealth or its authorities to their disadvantage, as per subsection 12(2) of the Legislative Instruments Act 2003. The Remuneration Tribunal ensures that any retrospective application of this determination adheres to these principles. Subordinate instruments may further extend or restrict the application of this Act, thereby providing a comprehensive framework for remuneration determinations within the Commonwealth.
Key Provisions
The Remuneration Tribunal has issued Determination 2009/05, which outlines the remuneration and allowances for various public office holders under the Remuneration Tribunal Act 1973 (section 1). This determination is made in accordance with established consultation practices (section 2). Any retrospective application of this determination adheres to subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not disadvantage individuals (other than the Commonwealth or an authority of the Commonwealth) or impose any new liability on them (section 3).
This determination encompasses two main parts: Part 1 addresses part-time offices, and Part 2 covers full-time offices. In Part 1, Clause 1.1 references the Principal Determination (Number 7 of 2008 as amended) (section 4). Clauses 1.3 and 1.4 specify remuneration for the new office of Chair of the Tuggeranong Office Park Pty Limited, effective from 4 December 2008 (section 6). Clauses 1.5 to 1.8 establish remuneration for the new offices of Member and Committee Member of the Tax Practitioners Board, effective from 27 April 2009 (section 7). Similarly, Clauses 1.9 to 1.11 set remuneration for the new offices of Chair and Member of the Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections, effective from 17 March 2009 (section 9). Clauses 1.14 to 1.15 set remuneration for the new office of Chair of the Patent and Trade Marks Attorneys Disciplinary Tribunal, effective from 20 March 2009 (section 14), while Clauses 1.16 to 1.17 set remuneration for the new offices of Chair, Deputy Chair and Member of the Civil Aviation Safety Authority Board, effective from 26 March 2009 (section 16). Clauses 1.18 to 1.19 set remuneration for the new office of Commissioner of the Australian Transport Safety Bureau Commission, effective from 26 March 2009 (section 18).
The obligations imposed by this determination require office holders to comply with the specified remuneration and allowances as outlined in the relevant clauses. For instance, the new offices mentioned must adhere to the remuneration set forth in their respective clauses. Additionally, defunct bodies or offices must no longer receive remuneration, as specified in Clauses 1.9 and 1.12 (sections 9 and 12).
Regarding offences, penalties, or consequences for breach, the explanatory statement does not explicitly detail these aspects. However, any non-compliance with the remuneration and allowances as specified in the determination may potentially lead to legal ramifications, depending on the governing legislation and any related provisions. It is essential for office holders and their respective authorities to ensure adherence to the remuneration and allowances set out in this determination to avoid any potential legal issues.