Remuneration Tribunal Determination 2009/21 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2009/21, made under the Remuneration Tribunal Act 1973, aims to address the remuneration and allowances for holders of public office by providing updated and corrected rates. Enacted by the Remuneration Tribunal, this determination ensures that the remuneration for various public offices is kept current and accurately reflects the roles and responsibilities of the office holders. The Tribunal’s policy objective is to maintain fair and appropriate compensation for public servants, which is essential for attracting and retaining qualified individuals in public office. This determination applies retrospectively without affecting the rights of individuals adversely or imposing new liabilities, in accordance with the Legislative Instruments Act 2003. The determination also includes specific updates for part-time and full-time offices, as well as judicial and related offices, ensuring comprehensive coverage of remuneration across different categories of public service roles.

Scope and Application

The Remuneration Tribunal Determination 2009/21 addresses the remuneration and allowances for holders of public office as mandated by the Remuneration Tribunal Act 1973. This determination applies to part-time and full-time office holders, including the establishment of remuneration for new positions such as the Chair and Member of the Defence Strategic Reform Advisory Board and adjustments to fees for members of the Civil Aviation Safety Authority Board who also serve on the Audit Committee. Additionally, it modifies allowances for certain full-time office holders, removing references to obsolete allowances for specific individuals. The determination also applies to judicial and related offices, providing a 1.5% increase in remuneration for specified judicial positions and adjusting the additional expense allowance for judges who hold part-time offices. This legislation operates within the Commonwealth jurisdiction and its application may be extended or restricted through subordinate instruments, ensuring that any retrospective application does not disadvantage individuals other than the Commonwealth or its authorities.

Key Provisions

The Remuneration Tribunal has issued a determination setting out the remuneration and allowances for holders of public office, as per the Remuneration Tribunal Act 1973. This determination provides specific remuneration rates for various public offices and includes adjustments and clarifications based on prior determinations. For part-time offices, Clause 1.3 and 1.4 establish the remuneration for the Chair and Members of the Defence Strategic Reform Advisory Board, effective from 14 October 2009. Clauses 1.5 to 1.7 further provide additional audit committee fees for members of the Civil Aviation Safety Authority Board who also serve on the Audit Committee, effective from 1 September 2009. For full-time offices, Clause 2.1 specifies the Principal Determination (Number 18 of 2009), while Clause 2.2 removes references to Accommodation Allowances and Reunion Travel entitlements for specific individuals from the Australian Competition and Consumer Commission (ACCC). Clause 2.3 rectifies an error in the Principal Determination. In relation to judicial and related offices, Clause 3.1 specifies the Principal Determination (Number 17 of 2009). Clauses 3.2 and 3.3 provide a 1.5 per cent increase in remuneration for the specified judicial offices, effective from 1 November 2009. Additionally, these clauses increase the additional expense allowance for judges holding part-time offices from $1,860 to $1,888 a year. The Remuneration Tribunal Act 1973 mandates that the Tribunal consult and gather relevant information before making any determination regarding remuneration and allowances for public office holders. This ensures that the determinations are based on thorough and informed considerations. The Act further requires that any retrospective application of these determinations should not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, nor should it impose any liability on such persons. This is in accordance with subsection 12(2) of the Legislative Instruments Act 2003. Moreover, the Tribunal must adhere to established practices when making these determinations. Under this determination, various offices and their holders are subject to specific obligations and requirements. For instance, the holders of part-time offices such as the Chair and Members of the Defence Strategic Reform Advisory Board are entitled to the remuneration specified in Clause 1.3 and 1.4. Similarly, members of the Civil Aviation Safety Authority Board who also serve on the Audit Committee must be compensated as per Clauses 1.5 to 1.7. For full-time offices, the removal of specific allowances for certain ACCC officials, as per Clause 2.2, means these individuals are no longer entitled to those particular benefits. Clause 2.3 ensures that any errors in the Principal Determination are corrected, maintaining the accuracy of the remuneration framework. In the case of judicial and related offices, the increase in remuneration and the adjustment in the additional expense allowance for judges holding part-time offices, as specified in Clauses 3.2 and 3.3, must be implemented accordingly. The determination includes provisions for offences, penalties, or civil/criminal consequences for non-compliance. While the text does not explicitly state the penalties, it is implied that adherence to these remuneration and allowance provisions is mandatory. Any failure to comply with the determinations could potentially lead to legal repercussions, as the Remuneration Tribunal Act 1973 and the Legislative Instruments Act 2003 provide a framework for ensuring these determinations are enforced. The precise penalties would be determined based on the specific context of non-compliance and the applicable laws.