Remuneration Tribunal Determination 2009/09 - Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices, Members of Parliament, and Specified Statutory Officers

Overview

The Remuneration Tribunal Determination 2009/09 was enacted to address the need for updated and consistent remuneration and allowances for various public office holders, judicial and related office holders, members of Parliament, and specified statutory officers. This determination was introduced under the authority of the Remuneration Tribunal Act 1973, which empowers the Remuneration Tribunal to make determinations regarding the remuneration of public office holders. The objective of this determination is to ensure that the remuneration and allowances for these office holders are fair and reflect changes in their roles and responsibilities, as well as to correct any discrepancies and update references to defunct bodies or new offices. The Remuneration Tribunal, through established consultation practices, has made adjustments to remuneration for various offices, including part-time and full-time offices, judicial and related offices, members of Parliament, and specified statutory officers, with effect from specific dates as outlined in the determination.

Scope and Application

The Remuneration Tribunal Determination 2009/09 under the Remuneration Tribunal Act 1973 applies to various office holders, including holders of public office, judicial and related offices, members of parliament, and specified statutory officers, aiming to determine their remuneration and allowances. This determination covers a broad range of individuals and entities across different sectors, including part-time and full-time offices, and judicial positions, ensuring their compensation aligns with established standards. The application of this Act is national in scope, operating under the Commonwealth jurisdiction, and it does not specify any exclusions or exemptions. However, it does include provisions for retrospective application that do not adversely affect the rights of individuals other than the Commonwealth or its authorities, nor does it impose any liabilities on them. The Remuneration Tribunal has the authority to extend or restrict the application of this Act through subordinate instruments, ensuring the provisions are effectively implemented and adjusted as necessary to meet changing circumstances and requirements.

Key Provisions

The Remuneration Tribunal has made several determinations concerning the remuneration and allowances for various office holders as outlined in the Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices, Members of Parliament and Specified Statutory Officers Determination 2009/09. The determinations cover part-time and full-time offices, judicial and related offices, members of parliament, and specified statutory officers. For instance, Clause 1.3 and 1.4 increase the remuneration for the Chair and Director of Aboriginal Hostels Limited, effective from 1 July 2009. Similarly, Clause 2.2 and 2.3 provide an additional $10,000 for the General Manager’s total remuneration from 1 July 2009 until 30 June 2010. The determinations also introduce new offices such as the Chair, Deputy Chair, and Member of the Australian Curriculum Assessment and Reporting Authority, effective from 29 May 2009, as well as the Coordinator-General for Remote Indigenous Services, effective from 8 July 2009. The Act imposes various obligations on the parties involved. For example, the Tribunal must consult with relevant stakeholders when making determinations, as seen in Clauses 1.1 to 1.12. Additionally, the determinations must be consistent and align with established practices, as evidenced by the amendments made to ensure internal consistency in Clauses 5.2 and 5.5. The determinations also provide for the removal of payment in lieu of performance pay and include the amount as total remuneration, effective from 31 August 2009, as noted in Clauses 6.2 to 6.5. The legislation also outlines consequences for breaches. However, the Explanatory Statement does not specify any offences, penalties, or civil/criminal consequences for breach. It does mention that any retrospective application of the determinations does not affect the rights of a person to their disadvantage or impose any liability on them, in accordance with subsection 12(2) of the Legislative Instruments Act 2003. Therefore, while the determinations are binding, the specific legal repercussions of non-compliance are not detailed in the Explanatory Statement.