Remuneration Tribunal Determination 2010/05 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Act 1973 established the Remuneration Tribunal to determine remuneration and allowances for holders of public office, thereby addressing the need for a consistent and fair approach to compensation for such roles. This Act empowers the Tribunal to investigate and make determinations on these matters, ensuring that public office holders receive appropriate remuneration. The Explanatory Statement for Determination 2010/05 clarifies that the Tribunal's determinations are made following established consultation practices and any retrospective applications of these determinations are subject to the provisions of the Legislative Instruments Act 2003. The policy objective underpinning this legislation is to maintain transparency, fairness, and accountability in the remuneration of public office holders, ensuring that their compensation is reflective of their responsibilities and the value they bring to public service.

Scope and Application

The Remuneration Tribunal's Determination 2010/05 applies to office holders within the Commonwealth, specifically targeting those in part-time positions, as established under the Remuneration Tribunal Act 1973. The Act empowers the Tribunal to determine remuneration and related matters for these office holders, ensuring they are fairly compensated for their services. The Tribunal's determination is retrospective and does not disadvantage any person other than the Commonwealth or an authority of the Commonwealth, nor does it impose any liability on such persons, as per subsection 12(2) of the Legislative Instruments Act 2003. The specific application of this determination is detailed in Clauses 1.2 to 1.3, which set out the remuneration for the new office of Chair of the Building the Education Revolution (BER) Implementation Taskforce, effective from 3 May 2010. The authority for these determinations is drawn from Sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.

Key Provisions

The Remuneration Tribunal, as stated in the Explanatory Statement for Determination 2010/05, has established specific remuneration and related matters for office holders under the Remuneration Tribunal Act 1973. This determination is pivotal for understanding the financial entitlements of those who hold public office. Clause 1.1 refers to the Principal Determination (Number 14 of 2009 as amended), which serves as the foundational document for Part 1 of the Determination, addressing part-time offices. Clauses 1.2 to 1.3 specify the remuneration for the newly established office of Chair of the Building the Education Revolution (BER) Implementation Taskforce, effective from 3 May 2010. This provision is underpinned by sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973, which empower the Tribunal to set these terms. The obligations imposed by this Act on the parties it governs include a requirement for the Tribunal to consult in accordance with established practices before making any determinations. This ensures that the remuneration and related matters are thoroughly considered and reflect current circumstances. Furthermore, the determination mandates that any retrospective application of these provisions must comply with subsection 12(2) of the Legislative Instruments Act 2003, ensuring that such applications do not adversely affect the rights of individuals, except in cases involving the Commonwealth or its authorities. In terms of consequences, the Act outlines that any breach of its provisions may lead to both civil and criminal liabilities, depending on the nature and severity of the breach. The Explanatory Statement does not specify detailed penalties but refers to the underlying statutes for more information. The Remuneration Tribunal Act 1973 and the Legislative Instruments Act 2003 provide the frameworks within which these penalties are determined. The determination itself emphasises that any retrospective application does not impose any liability on individuals other than the Commonwealth or its authorities, protecting personal rights and interests.