Remuneration Tribunal Determination 2009/22 - Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

Overview

The Remuneration Tribunal Determination 2009/22, established under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for holders of public office and judicial and related offices. The Act was enacted by the Australian Parliament to ensure that the remuneration of public office holders is periodically reviewed and adjusted to reflect changes in economic conditions and the cost of living. The explanatory statement outlines that this particular determination involves updates and amendments to remuneration for various part-time and full-time offices, including the creation of a new office for the Chief Executive Officer of Safe Work Australia and adjustments for the President of Fair Work Australia. The determination also corrects and deletes outdated references, ensuring the legislation remains relevant and accurate. The Remuneration Tribunal has exercised its powers to make these adjustments based on consultation and established practices, ensuring that any retrospective application does not disadvantage individuals other than the Commonwealth or its authorities.

Scope and Application

The Remuneration Tribunal Determination 2009/22 under the Remuneration Tribunal Act 1973 applies to various office holders, including part-time and full-time office holders as well as those in judicial and related offices. This determination sets out the remuneration and allowances for these positions, ensuring that compensation is reviewed and updated as necessary. The Tribunal has undertaken consultations in line with established practice to inform its decisions. Importantly, the retrospective application of this determination is governed by subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of individuals or impose any liabilities on them. The scope of the Act encompasses the Commonwealth and its authorities, and while it applies nationally, it does not extend to state or territory jurisdictions. Any exclusions or exemptions are specifically detailed within the determination itself, with subordinate instruments further extending or restricting the application as necessary.

Key Provisions

The Remuneration Tribunal has established specific provisions regarding the remuneration and allowances for various public office holders, as stipulated in the Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices Determination 2009/22 (No. 22 of 2009). The principal determinations (Clause 1.1, 2.1, and 3.1) refer to the previously established determinations, which have been amended as necessary. In particular, Clause 1.2 to 1.5 and Clause 2.5 deal with the removal of outdated references to certain offices and entitlements, ensuring that the determinations are current and relevant. Clause 2.2 and 2.3 establish the remuneration for the Chief Executive Officer of Safe Work Australia, effective from 1 November 2009, while Clause 2.4 corrects the name of the Australian Organ and Tissue Donation and Transplantation Authority without altering the associated fees and entitlements. The determination imposes obligations on the Remuneration Tribunal to consult and consider relevant information when setting remuneration and allowances for office holders. This process ensures that the determinations are fair, reasonable, and reflective of the responsibilities and duties associated with each office. Additionally, the Act mandates that the Tribunal's determinations must not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, and must not impose any liability on such a person (subsection 12(2) of the Legislative Instruments Act 2003). In the event of a breach of the provisions set out in the determination, there are potential consequences. However, the text does not specify any particular offences, penalties, or civil/criminal consequences for breach. It is important to note that the determination itself does not create new offences or penalties but rather sets out the remuneration and allowances for public office holders. Therefore, any breach of the determination would likely be addressed through the applicable laws and regulations governing the specific office or position in question. It is essential for the relevant authorities and office holders to adhere to the provisions of the determination to ensure the proper functioning of public offices and the fair compensation of office holders.