REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2011/02
Remuneration and Allowances for Holders of Public Office and Members of Parliament
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for members of parliament and public 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.
PART 1 – FULL-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 10 of 2010 as amended) for the purposes of Part 1 of the Determination.
5. Clauses 1.2 and 1.3 delete all reference to remuneration for The Hon John Hannaford, Examiner, Australian Crime Commission.
PART 2 – MEMBERS OF PARLIAMENT – TRAVELLING ALLOWANCE
6. Clause 2.1 specifies the Principal Determination (Number 9 of 2010) for the purposes of Part 2 of the Determination.
7. Clauses 2.2 to 2.3 increase the maximum number of overnight stays per year that travelling allowance is payable to those members representing the largest electorates (in terms of area), with immediate effect – that is, the full 90 nights is available in the 2010/11 financial year.
Authority: Sub-sections 7(1), 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Explanatory Statement Determination 2011/02, under the Remuneration Tribunal Act 1973, was introduced to address the remuneration and allowances for members of parliament and public office holders. Enacted by the Australian Parliament, the primary objective of this legislation is to ensure that remuneration and allowances for these positions are reviewed and determined in a manner that is fair and consistent with established practices. The determination process involves consultations to inform the Tribunal's decision-making, and any retrospective application of the determination does not adversely affect the rights of individuals other than the Commonwealth or its authorities. The determination made in 2011 adjusts certain allowances and removes specific references to remuneration for particular positions, reflecting the Tribunal's mandate to maintain equitable and updated remuneration standards.
Scope and Application
The Remuneration Tribunal has the authority under the Remuneration Tribunal Act 1973 to set the remuneration and allowances for holders of public office and members of parliament. This legislation applies to all full-time office holders and members of parliament within the Commonwealth of Australia. The scope of the application includes setting remuneration for various public offices and establishing allowances for members of parliament, such as travel allowances. Notably, this determination excludes any remuneration for specific individuals, such as The Hon John Hannaford, Examiner, Australian Crime Commission, as specified in the clauses of this particular determination. The Tribunal's decisions are informed by consultations and are made in accordance with established practice, ensuring that any retrospective applications do not adversely affect the rights of any person, as outlined in the Legislative Instruments Act 2003. The application of this act may also be extended or restricted through subordinate instruments as necessary.
Key Provisions
The Remuneration Tribunal, as per the Remuneration Tribunal Act 1973, has issued a determination (2011/02) that specifies remuneration and allowances for holders of public office and members of parliament (section 1). This determination has been formulated through consultation in line with established practices (section 2). Importantly, the retrospective application of this determination adheres to subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of any person (excluding the Commonwealth or an authority of the Commonwealth) nor does it impose any liability on them (section 3).
In terms of full-time offices, clause 1.1 of the determination specifies the Principal Determination (Number 10 of 2010 as amended) for Part 1 of the determination (section 4). Furthermore, clauses 1.2 and 1.3 remove all references to remuneration for The Hon John Hannaford, the Examiner of the Australian Crime Commission (section 5).
Regarding members of parliament, clause 2.1 of the determination specifies the Principal Determination (Number 9 of 2010) for Part 2 of the determination (section 6). Clauses 2.2 to 2.3 have increased the maximum number of overnight stays per year for which travelling allowance is payable to members representing the largest electorates, with immediate effect. This means that the full 90 nights are now available in the 2010/11 financial year (section 7). These provisions are made under the authority of sub-sections 7(1), 7(3) and 7(4) of the Remuneration Tribunal Act 1973 (section 8).
For breaches of the Remuneration Tribunal Act 1973, the Act itself does not specify the offences, penalties, or consequences for breaches. However, under Australian law, breaches of a determination made by a tribunal can potentially lead to civil or criminal proceedings. The specific penalties would depend on the nature of the breach and could range from fines to imprisonment. It is important to note that the determination itself does not specify any penalties for breach, but the underlying Act and other relevant laws would apply in such instances.