Remuneration Tribunal Determination 2009/08 - Remuneration and Allowances for Holders of Public Office and Members of Parliament - Entitlements

Overview

The Remuneration Tribunal Determination 2009/08, made under the Remuneration Tribunal Act 1973, was enacted to address the need for updated remuneration and entitlements for various office holders in Australia, including members of parliament and public officials. This determination was made by the Remuneration Tribunal, which is empowered to set remuneration and allowances for holders of public office and members of parliament. The policy objective of this legislation is to ensure that the remuneration of these officials is commensurate with their responsibilities and the economic conditions of the time. The determination provides specific details on the remuneration for part-time and full-time offices, including new offices established under the Fair Work Act 2009, and adjusts entitlements for members of parliament. This legislation also updates the travel entitlements for judicial and related offices.

Scope and Application

The Remuneration Tribunal has determined the remuneration and allowances for various office holders and members of parliament through the Remuneration and Allowances for Holders of Public Office and Members of Parliament - Entitlements Determination 2009/08. This determination applies to part-time and full-time office holders, including the newly established positions such as the Chair of Safe Work Australia Council, Minimum Wage Panel Members - Fair Work Australia, and the Chair and Director of the Australian Solar Institute, among others. The determination also applies to members of parliament and judicial and related offices. The scope of this legislation is national, as it pertains to public office holders across Australia, and is governed under the Remuneration Tribunal Act 1973. This determination does not apply to any person other than those specified office holders and members of parliament. The Tribunal ensures that any retrospective application does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth. The determination has effect from various dates in 2009, as specified in the clauses, and may be amended through subordinate instruments as required.

Key Provisions

The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, has established detailed provisions regarding remuneration and allowances for various public office holders and members of parliament, as outlined in the determination. Section 1 confirms the Tribunal's authority to make these determinations, while section 2 highlights the consultative process followed in making these decisions. It is important to note that the determination, as stated in section 3, can be applied retrospectively without affecting the rights of individuals, except for the Commonwealth or its authorities, in accordance with subsection 12(2) of the Legislative Instruments Act 2003. The obligations and requirements imposed by this legislation are comprehensive and tailored to specific offices. For instance, Part 1 addresses part-time offices, with Clause 1.1 specifying the Principal Determination (Number 7 of 2008, as amended). Clauses 1.2 to 1.10 detail the remuneration for various new and existing offices, including the Chair, Safe Work Australia Council, Minimum Wage Panel Members – Fair Work Australia, Chair of Indigenous Business Australia, and the Chair and Director, Australian Solar Institute, among others. These clauses set the remuneration effective from specific dates, ranging from 31 March 2009 to 10 June 2009. Similarly, Part 2 focuses on full-time offices, with Clauses 2.1 to 2.7 setting out the remuneration for Deputy President and Commissioner of Fair Work Australia, and removing references to the Chair, Indigenous Business Australia, effective from 1 July 2009. In addition to setting remuneration, the legislation also outlines specific entitlements and conditions for office holders. Part 3, Clauses 3.1 to 3.3, specifies the Principal Determination (Number 18 of 2006, as amended) for Members of Parliament, and removes access to a Telephone Services Charge Card effective from 1 July 2009. Part 4, Clauses 4.1 to 4.3, specifies the Principal Determination (Number 9 of 2008) for judicial and related offices, and provides that the President of Fair Work Australia shall receive Tier 1 travel entitlements when travelling within Australia on official business, effective from 1 July 2009. Finally, the determination includes provisions for offences, penalties, or civil/criminal consequences for breach, although the specific penalties are not detailed within the text provided. The authority for these provisions is derived from sub-sections 7(1), 7(3), 7(4) and 7(4B) of the Remuneration Tribunal Act 1973. The overarching aim of this legislation is to ensure that remuneration and allowances for public office holders and members of parliament are fairly and transparently determined, while also reflecting changes in office responsibilities and structures.