Remuneration Tribunal Determination 2009/13 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2009/13, introduced under the Remuneration Tribunal Act 1973, was enacted to address the need for updated remuneration and allowances for holders of public office. This determination was made by the Remuneration Tribunal, which is tasked with ensuring that remuneration for public office holders is reviewed and adjusted as necessary. The determination also aims to provide clarity and consistency in the application of remuneration provisions, ensuring that they are up to date and reflective of current economic conditions and the nature of the offices involved. The determination specifically addresses the remuneration for part-time and full-time offices, including the establishment of new remuneration rates for offices associated with Innovation Australia and the Australian Curriculum, Assessment and Reporting Authority, effective from September 2009. Any retrospective application of this determination is in accordance with the provisions of the Legislative Instruments Act 2003.

Scope and Application

The Remuneration Tribunal, as empowered by the Remuneration Tribunal Act 1973, has made a determination regarding the remuneration and allowances for holders of public office. This determination applies to both part-time and full-time office holders, with specific clauses addressing the remuneration for new offices associated with Innovation Australia, effective from 1 September 2009, and for the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority, effective from 3 September 2009. Additionally, the determination corrects references to the Comcover Advisory Council, with no change to the associated fees and entitlements, and provides an accommodation allowance for the Executive Director of Township Leasing, Mr Pat Watson, who maintains his principal place of residence on the South Coast. The Tribunal ensured its determinations align with established consultation practices and are in compliance with the Legislative Instruments Act 2003, particularly in regard to retrospective applications that do not adversely affect the rights of individuals or impose liabilities.

Key Provisions

The Remuneration Tribunal has issued Determination 2009/13 to establish and revise remuneration and allowances for holders of public office. Clause 1.1 (4) references the Principal Determination Number 7 of 2008, as amended, which applies to part-time offices. Clauses 1.3 to 1.5 (6) introduce new remuneration for offices associated with Innovation Australia, effective from 1 September 2009, replacing the defunct Industry Research and Development Board and others. Clause 1.6 (7) corrects references to the Comcover Advisory Council, preserving existing fees and entitlements. Clause 2.1 (8) references the Principal Determination Number 8 of 2008, as amended, for full-time offices. Clauses 2.2 and 2.3 (9) set the remuneration for the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority, effective from 3 September 2009. Clauses 2.4 and 2.5 (10) provide an accommodation allowance for Mr Pat Watson, the Executive Director of Township Leasing, provided he maintains his principal place of residence on the South Coast. The Remuneration Tribunal Act 1973 empowers the Tribunal to make such determinations, and in doing so, it must consult according to established practice. The Tribunal ensures that any retrospective application of this determination does not disadvantage any person other than the Commonwealth or its authorities, nor does it impose any liability on such persons, as per subsection 12(2) of the Legislative Instruments Act 2003. The obligations under this Act require the Tribunal to consult appropriately and to ensure that its determinations do not adversely affect individuals outside of the Commonwealth or its authorities. For the offices covered by this Determination, the Tribunal must set appropriate remuneration and allowances, as specified in the clauses. Breach of any requirement under this Act could potentially lead to legal consequences. However, the Explanatory Statement does not specify the exact nature of these consequences, including any offences, penalties, or civil/criminal repercussions. It is essential for the parties involved to adhere strictly to the remuneration and allowance provisions outlined to avoid any potential legal issues.