Remuneration Tribunal Determination 2009/23 - Remuneration and Allowances for Holders of Public Office, Members of Parliament - Entitlements and Judicial and Related Offices

Overview

The Remuneration Tribunal Determination 2009/23, established under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for various public office holders, including members of parliament and judicial officers. This determination was enacted by the Remuneration Tribunal, which was established to make such determinations in accordance with the Act. The purpose of this determination is to ensure that remuneration for public office holders is reviewed and set appropriately, reflecting their roles and responsibilities, as well as to update the entitlements in line with changes in office structures and functions. This legislation aims to maintain fair and consistent remuneration standards across public offices, thereby supporting the integrity and efficiency of the public service.

Scope and Application

The Remuneration Tribunal Determination 2009/23 pertains to the remuneration and allowances for holders of public office, members of parliament, and judicial and related offices, and is enacted under the authority of the Remuneration Tribunal Act 1973. This determination applies to various office holders, including part-time and full-time positions, and also extends to members of parliament and judicial roles. It establishes the remuneration for new offices such as the Chair and Members of Health Workforce Australia, the Deputy Chair of the Australian Fisheries Management Authority Commission, and the Chief Executive Officer of the Australian Sports Anti Doping Authority, among others. The Tribunal's jurisdiction covers the Commonwealth, and the determination includes provisions for retrospective application that do not adversely affect the rights of individuals or impose liabilities, in accordance with the Legislative Instruments Act 2003. The application of this determination is further refined through subordinate instruments, which may specify additional details or adjustments to remuneration and allowances.

Key Provisions

The Remuneration Tribunal has determined various aspects of remuneration and allowances for holders of public office, Members of Parliament, and judicial and related offices under the Remuneration and Allowances for Holders of Public Office, Members of Parliament – Entitlements and Judicial and Related Offices Determination 2009/23 (F2009L04673). This determination is made in accordance with the powers granted by the Remuneration Tribunal Act 1973. The Tribunal has consulted with relevant stakeholders as per established practice before making these determinations. Any retrospective application of these changes is governed by subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not disadvantage any individual other than the Commonwealth or its authorities, nor does it impose any new liabilities on such individuals. The operative sections of this determination address several key areas. Part 1 deals with part-time offices, including setting or adjusting remuneration for various positions such as the Chair and Members of Health Workforce Australia (Clauses 1.2 and 1.3), amending the basis of remuneration for the Administrative Review Council’s President from an annual fee to a daily fee (Clause 1.4), and removing outdated references to defunct committees and offices (Clauses 1.5 to 1.12). Part 2 focuses on full-time offices, determining remuneration for new positions like the Chief Executive of Health Workforce Australia and the Chief Executive Officer of the Australian Sports Anti Doping Authority (Clauses 2.3 to 2.9). It also sets allowances for specific appointees, such as the Chief Executive Officer of Centrelink (Clauses 2.13 and 2.14). Part 3 addresses entitlements for Members of Parliament, while Part 4 concerns judicial and related offices, such as setting out the assessment of daily fees for Members of the Australian Competition Tribunal (Clause 4.2). The obligations and requirements imposed by this determination are primarily focused on setting and adjusting remuneration for various public office holders and members of Parliament. For example, Clauses 1.2 to 1.4 establish specific remuneration rates for new or adjusted positions, while Clauses 2.3 to 2.9 detail allowances and personal loadings for certain full-time offices. These provisions ensure that office holders receive appropriate compensation commensurate with their roles. Additionally, Clauses 1.5 to 1.12 and 3.2 involve removing outdated references to defunct offices or entitlements that are no longer applicable, thereby ensuring that the determination remains current and relevant. Any breaches of the provisions set out in this determination could result in legal consequences. While the explanatory statement does not detail specific offences or penalties, the Remuneration Tribunal Act 1973 and related legislation provide a framework for addressing non-compliance. Generally, violations of such statutory provisions could lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties would be determined according to the specific laws under which the offence is prosecuted, and could include fines or other sanctions as prescribed by relevant legislation.