REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2010/19
Judicial and Related Offices – Remuneration and Allowances
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.
JUDICIAL AND RELATED OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 12 of 2010) for the purposes of this Determination.
5. Clauses 1.2 and 1.3 provide for an increase in remuneration of 1.5 per cent (rounded) for the judicial offices specified in Table 1 (Rates of Remuneration – Judicial Offices) with effect on and from 1 November 2010. They also provide for an increase of 1.5 per cent in the expense of office allowance for sitting Judges who also hold certain part-time offices from the same date.
6. Clause 1.4 amends clause 2.2 of the Principal Determination to increase an expense allowance for certain office holders by 1.5 per cent from 1 November 2010.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2010/19 was enacted to address the need for regular review and adjustment of the remuneration and allowances for judicial and related offices, ensuring they are aligned with the cost of living and other relevant economic factors. This determination was made under the authority of the Remuneration Tribunal Act 1973, which empowers the Tribunal to make such determinations. The objective of this legislation is to provide a fair and consistent framework for the remuneration of office holders, ensuring that their compensation remains competitive and reflective of their responsibilities. The determination was made in consultation with relevant stakeholders and is consistent with the practice established under the Legislative Instruments Act 2003, ensuring that no person, other than the Commonwealth or an authority of the Commonwealth, is disadvantaged by the retrospective application of the determination.
Scope and Application
The Remuneration Tribunal Determination 2010/19 pertains to the remuneration and allowances for certain office holders, specifically those in judicial and related offices, as authorised by the Remuneration Tribunal Act 1973. This legislation applies to office holders in judicial positions and related roles as defined in the determination, and it affects their remuneration and allowances, effective from 1 November 2010. The Tribunal made this determination through consultation, adhering to its established practices. Notably, any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not disadvantage any person (other than the Commonwealth or an authority of the Commonwealth) or impose any liabilities on them. The scope of the determination is limited to the adjustments in remuneration and allowances as specified, without any stated exclusions or exemptions, and it is applicable nationally within the Commonwealth of Australia.
Key Provisions
The Remuneration Tribunal, under the authority granted by the Remuneration Tribunal Act 1973, has issued Determination 2010/19 which primarily concerns the remuneration and related allowances for certain office holders. This determination specifies a 1.5 per cent increase in remuneration for the judicial offices listed in Table 1, effective from 1 November 2010. Clause 1.2 of the determination outlines this increase, while Clause 1.3 ensures that sitting Judges holding specific part-time offices also receive a 1.5 per cent increase in their expense of office allowance, also effective from the same date. Furthermore, Clause 1.4 modifies Clause 2.2 of the Principal Determination to raise the expense allowance for certain office holders by 1.5 per cent, again starting from 1 November 2010.
The Remuneration Tribunal is required to consult with relevant stakeholders in accordance with established practice when making these determinations. This ensures that the Tribunal considers the implications of any changes in remuneration and allowances on the office holders and their duties. The determination is designed to be applied retrospectively in a manner that does not adversely affect the rights of individuals or impose any liability on them, as outlined in subsection 12(2) of the Legislative Instruments Act 2003.
The determination imposes specific obligations on the office holders affected by the changes in remuneration and allowances. These office holders must comply with the new rates specified in the determination, which include the increased remuneration and expense allowances. The Tribunal's decision mandates that these changes take effect from 1 November 2010, and any adjustments to the office holders' compensation must be made accordingly.
Breach of the provisions set out in this determination could lead to legal consequences. While the document does not explicitly state the offences, penalties, or civil/criminal consequences for non-compliance, it is clear that adherence to the Tribunal's determination is mandatory. Failure to comply with the remuneration and allowance adjustments could result in disputes or legal action, although the exact penalties are not specified within this explanatory statement. It is advisable for affected parties to ensure full compliance to avoid any potential legal ramifications.