Remuneration Tribunal Determination 2011/03 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration and Allowances for Holders of Public Office Determination 2011/03 was enacted in 2011 and is a legislative instrument made under the Remuneration Tribunal Act 1973. This instrument was introduced to address the need for a structured and transparent process for determining the remuneration and allowances for members of parliament and other public office holders, ensuring fairness and consistency in their compensation. The determination was made by the Remuneration Tribunal, a body established under the Act to inquire into and determine these matters. The policy objective is to maintain a remuneration framework that reflects the responsibilities and demands of the roles, thereby attracting qualified individuals to public service positions. The determination specifies adjustments to the base salary and total remuneration for various full-time and part-time public office holders, effective from specific dates in 2011. For instance, the General Manager of Aboriginal Hostels Limited (AHL) and the Deputy Commonwealth Ombudsman are among those whose remuneration is outlined. The amendments are detailed in the relevant tables and clauses of the principal determination, which is updated to reflect the latest decisions. The instrument incorporates all amending determinations up to 2011/04, ensuring that the remuneration framework remains current and responsive to changes in the public sector.

Scope and Application

The Remuneration Tribunal Determination 2011/03, made under the Remuneration Tribunal Act 1973, applies to the remuneration and allowances of members of parliament and holders of public office in Australia, including those in full-time and part-time offices. This determination amends the Principal Determination to specify the remuneration for certain public office holders, such as the General Manager of Aboriginal Hostels Limited and the Deputy Commonwealth Ombudsman. The amendments to the remuneration details are effective from specified dates in 2011. The geographic and jurisdictional reach of this legislation is national, applying across Australia. This determination does not specify exclusions, exemptions, or thresholds, but it is noted that the Remuneration Tribunal Act 1973 allows for the extension or restriction of the application through subordinate instruments. The determination has been registered on the Federal Register of Legislative Instruments, in compliance with the Legislative Instruments Act 2003.

Key Provisions

Pursuant to sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal has made the Determination 2011/03 to set out the remuneration and allowances for certain holders of public office. This determination specifies the remuneration for full-time and part-time officeholders, with amendments to previous determinations and effective dates provided for the changes. For instance, the General Manager of Aboriginal Hostels Limited will receive a base salary of $197,179 and total remuneration of $254,545, effective from 15 April 2011 (section 1.4). Similarly, the Deputy Commonwealth Ombudsman will receive a personal loading from 10 March 2011 until 16 April 2011, followed by a base salary of $203,342 and total remuneration of $258,722, effective from 17 April 2011 (section 1.6). Additionally, the Australian Government Reconstruction Inspectorate is added to the list of part-time offices, effective from 7 February 2011 (section 2.3). The Remuneration Tribunal Determination 2011/03 imposes specific obligations on the Remuneration Tribunal to review and adjust the remuneration and allowances for certain public officeholders as required by the Remuneration Tribunal Act 1973. It mandates the Tribunal to ensure that the remuneration and allowances are set according to the findings of its inquiries and the provisions of the Determination. The Tribunal is also required to ensure that the remuneration and allowances are updated and published in the Federal Register of Legislative Instruments, as per the Legislative Instruments Act 2003. This includes making amendments to previous determinations, such as the Principal Determination 10 of 2010 and Principal Determination 11 of 2010, and specifying the effective dates of these amendments. Failure to comply with the Remuneration Tribunal Determination 2011/03 can result in legal consequences. While the determination itself does not specify particular offences or penalties, non-compliance with the Remuneration Tribunal Act 1973, which governs the Tribunal's actions, could lead to legal action. The Act may provide for civil or criminal penalties for breaches, although specific penalties are not outlined in this determination. The consequences of non-compliance could include judicial review or other legal remedies available under the governing legislation.