Remuneration Tribunal Determination 2009/12 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, has enacted Determination 2009/12 to address the remuneration and allowances for holders of public office. This determination is made in accordance with the established practice of the Tribunal, which involves consultation to ensure that the remuneration and related matters are fair and appropriate. The determination specifies the remuneration for part-time and full-time offices, including adjustments and deletions to previous entries to reflect current circumstances. Importantly, the determination does not apply retrospectively in a manner that adversely affects the rights of individuals, aligning with subsection 12(2) of the Legislative Instruments Act 2003. The policy objective is to ensure that public office holders receive remuneration that is commensurate with their roles and responsibilities, thereby maintaining fairness and transparency in public office compensation.

Scope and Application

The Remuneration Tribunal has issued Determination 2009/12 under the Remuneration Tribunal Act 1973, addressing remuneration and allowances for holders of public office. This determination applies to both part-time and full-time office holders, and it specifies remuneration for various offices including those of part-time members and newly established full-time positions such as the Executive Director of the Australian Solar Institute. The Tribunal's process involved consultation in line with established practices and ensures that any retrospective application does not adversely affect the rights of any person other than the Commonwealth or its authorities. Geographic or jurisdictional reach of this determination is aligned with the powers granted under the Commonwealth of Australia, impacting federal public office holders. The determination does not explicitly mention exclusions, exemptions, or thresholds, but it does provide specific amendments and clarifications to existing remuneration structures for particular offices. The application of this determination may be further refined or extended through subordinate instruments as authorised by the Act.

Key Provisions

The Remuneration Tribunal has determined the remuneration and allowances for holders of public office under the Remuneration Tribunal Act 1973. This determination, as set out in Part 1, involves adjustments to the Principal Determination (Number 7 of 2008 as amended) for part-time offices. Clause 1.1 specifies this Principal Determination, while Clause 1.2 removes a reference to a body that is no longer applicable. Clause 1.3 updates the name of a current entry in the Determination to its registered company name, without altering the associated fees and entitlements. For full-time offices, Part 2 of the determination specifies the Principal Determination (Number 8 of 2008 as amended). Clause 2.2 introduces an additional amount to total remuneration to ensure it reaches $346,430, ceasing once this threshold is met. Clause 2.3 removes clause 2.2.6 for the Vice Chief of the Defence Force, as it no longer applies. Clauses 2.4 to 2.6 establish remuneration for the new office of Executive Director, Australian Solar Institute, effective from 1 September 2009, with Clause 2.6 specifically amending the reference to the current HREOC President. The Remuneration Tribunal Act 1973 imposes certain obligations on the parties it governs, ensuring transparency and fairness in the remuneration process. The Tribunal is mandated to consult and inform itself through established practices, as outlined in the Explanatory Statement. It must ensure that any retrospective application of the determination does not adversely affect the rights of individuals, except for the Commonwealth or its authorities, nor impose any liability on them. The Act requires the Tribunal to make determinations based on the Principal Determinations and to update these as necessary, reflecting changes in office names, responsibilities, or other relevant factors. Failure to comply with the provisions of the Remuneration Tribunal Act 1973 or its determinations can lead to various consequences. While the specific offences and penalties are not detailed in the Explanatory Statement, breaches of the Act could result in legal actions, including civil or criminal proceedings. The penalties for such breaches would depend on the nature and severity of the offence, with potential outcomes ranging from fines to imprisonment, depending on the specific provisions of the Act and applicable laws. The maximum penalties, if specified, would be outlined in the relevant sections of the Act.