Remuneration Tribunal Determination 2011/13 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2011/13, established under the Remuneration Tribunal Act 1973, addresses the need for a comprehensive and transparent framework for determining the remuneration and allowances for holders of public office in Australia. Enacted by the Australian Parliament, the policy objective of this legislation is to ensure that remuneration for public office holders is fair, equitable, and reflective of the responsibilities and demands of their roles. This determination applies to both full-time and part-time offices, with specific provisions for newly established positions and adjustments to existing roles. The Remuneration Tribunal, in making these determinations, has followed established consultation practices to ensure the decisions are well-informed and reflect the necessary standards for public office holders. The retrospective application of this determination is compliant with the provisions of the Legislative Instruments Act 2003, ensuring it does not adversely affect individuals other than the Commonwealth or its authorities.

Scope and Application

The Remuneration Tribunal Determination 2011/13, as outlined in the explanatory statement, establishes the remuneration and allowances for various holders of public office in Australia. The Tribunal, empowered under the Remuneration Tribunal Act 1973, has set out specific remuneration for new and existing offices, both full-time and part-time, effective from 1 July 2011. This includes determining remuneration for the Chief Executive Officer, ComSuper, the Chief Commissioner and other roles within the Australian Skills Quality Agency, the Chief Executive Officer of the Australian National Preventative Health Agency, as well as various roles in other organisations such as Outback Stores Pty Ltd and the Defence Force Case Assessment Panel. The remuneration is set out in accordance with the Principal Determinations and applies to specific individuals occupying these roles. The Tribunal has ensured that any retrospective application of this determination does not adversely affect the rights of individuals, excluding the Commonwealth or its authorities, as per subsection 12(2) of the Legislative Instruments Act 2003. The scope of this determination extends across various industries and roles, ensuring that remuneration is appropriately set for public office holders in accordance with established practice.

Key Provisions

The Remuneration Tribunal, under the authority granted by the Remuneration Tribunal Act 1973, has made specific determinations concerning the remuneration and allowances for various office holders, as outlined in the determination numbered 2011/13. Clauses 1.1 to 1.7 in Part 1 of the Determination establish the remuneration for full-time offices, including the Chief Executive Officer of ComSuper, the Chief Commissioner, Chief Executive Officer, Deputy Commissioner, and Commissioner of the Australian Skills Quality Agency, and the Chief Executive Officer of the Australian National Preventative Health Agency, all effective from 1 July 2011. Similarly, in Part 2, Clauses 2.1 to 2.20 set out the remuneration for part-time offices, including the Chair and Director of Outback Stores Pty Ltd, the Chair and Member of the Defence Force Case Assessment Panel, the Member of the Review of the Distribution of the Goods and Services Tax, the Chair and Member of the Ministerial Advisory Council on Regional Australia and the Regional Development Australia Fund Advisory Panel, the Chair and Director of the Commonwealth Superannuation Corporation, and the Chair and Director of the Australian Solar Institute, also effective from 1 July 2011. Clause 2.12 clarifies that the provisions of clause A8 of the Principal Determination apply to Members and Directors, regardless of their title, of the relevant bodies. The obligations imposed by this Determination include the requirement for the Remuneration Tribunal to consult in accordance with established practice before making such determinations. The determinations themselves mandate the payment of specified remuneration to the office holders identified. For example, Clauses 1.2 to 1.7 specify the remuneration for the Chief Executive Officer of ComSuper, and Clauses 2.2 to 2.3 specify the remuneration for the Chair and Director of Outback Stores Pty Ltd. Additionally, Clauses 2.13 to 2.15 provide for temporary loadings for the Chair and Director of the Commonwealth Superannuation Corporation until 30 June 2012, and Clauses 2.16 to 2.18 specify annual fees for the Chair and Director of the Australian Solar Institute, replacing previously determined daily fees. There are no explicit offences, penalties, or consequences for breach detailed in the Determination itself. However, the Remuneration Tribunal Act 1973 and the Legislative Instruments Act 2003 provide the broader legal framework under which the Tribunal operates and determines remuneration. Any failure to comply with the Tribunal’s determinations could potentially be subject to review or enforcement actions under these Acts. The retrospective application of this determination, as noted in Clause 3, is governed by subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of any person other than the Commonwealth or an authority of the Commonwealth.