REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2011/15
Official Travel by Office Holders
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.
PART 1 – TRAVEL ALLOWANCE – OFFICE HOLDERS
4. Clause 1.1 specifies the Principal Determination (Number 4 of 2003 as amended) for the purposes of Part 1 of the Determination.
5. Clause 1.2 updates travelling allowance rates in Schedule A – Remuneration Tribunal Travelling Allowance Rates of the Principal Determination, with effect on and from 28 August 2011.
6. Clause 1.3 removes an obsolete definition from the Principal Determination.
Authority: Sub-sections 5(2A), 7(3), 7(3D) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2011/15, officially titled "Official Travel by Office Holders," was enacted in 2011 by the Remuneration Tribunal, pursuant to its authority under the Remuneration Tribunal Act 1973. This determination addresses the need to update and clarify the remuneration and travel allowances for office holders, ensuring that allowances remain fair and reflective of current travel costs. The objective of this determination is to provide a transparent and consistent framework for travel allowances, thereby supporting the effective functioning of office holders in their official duties.
The Remuneration Tribunal, in making this determination, followed established consultation practices as outlined in the Legislative Instruments Act 2003. Notably, any retrospective application of this determination does not adversely affect the rights of individuals or impose any new liabilities upon them, except where it benefits the Commonwealth or its authorities. The determination specifically updates the travel allowance rates in Schedule A of the Principal Determination, effective from 28 August 2011, and removes an obsolete definition to streamline and clarify the remuneration structure for office holders.
Scope and Application
The Remuneration Tribunal Determination 2011/15, as outlined in the Explanatory Statement, pertains specifically to the remuneration and significantly related matters of office holders within the Australian government. This Determination, which is authorised by the Remuneration Tribunal Act 1973, applies to those individuals designated as office holders, including members of the Federal Parliament, certain judicial officers, and other high-ranking officials. The geographic scope of this legislation is national, given its application across various levels of government and the federal jurisdiction of the Remuneration Tribunal. The Determination provides updated travelling allowance rates for office holders as detailed in Schedule A of the Principal Determination, effective from 28 August 2011, and removes an obsolete definition from the Principal Determination. The application of this Determination does not adversely affect the rights of any person, as it is consistent with subsection 12(2) of the Legislative Instruments Act 2003, ensuring no retrospective imposition of liabilities. The application of the Determination can be further extended or modified through subordinate instruments as specified in the Remuneration Tribunal Act 1973.
Key Provisions
The Remuneration Tribunal has issued Determination 2011/15 under the authority of the Remuneration Tribunal Act 1973, primarily to update and revise the travel allowance rates for office holders. According to Clause 1.1, this determination updates the Principal Determination (Number 4 of 2003 as amended) concerning travel allowances. Clause 1.2 specifies the updated rates that will take effect from 28 August 2011, as outlined in Schedule A – Remuneration Tribunal Travelling Allowance Rates of the Principal Determination. Clause 1.3 removes an obsolete definition from the Principal Determination to ensure clarity and relevance of the provisions.
The obligations imposed by this determination require office holders to adhere to the updated travel allowance rates specified in Schedule A, effective from 28 August 2011. This includes ensuring compliance with the new rates when claiming travel allowances. Additionally, the Remuneration Tribunal must ensure that all modifications and updates are accurately communicated to the relevant office holders and stakeholders to facilitate smooth implementation.
Breaches of this determination may result in administrative or legal consequences. Although the determination itself does not explicitly outline specific penalties or consequences for non-compliance, failure to adhere to the updated travel allowance rates could lead to disputes or claims regarding the validity of travel allowance claims. The Remuneration Tribunal has the authority to address such disputes under the Remuneration Tribunal Act 1973. The penalties or consequences for non-compliance would be determined based on the specific circumstances of the breach and the applicable legal framework.
Importantly, this determination does not affect the rights of any person adversely, except the Commonwealth or an authority of the Commonwealth, nor does it impose any liability on such a person, as stated under subsection 12(2) of the Legislative Instruments Act 2003. This ensures that the retrospective application of the determination is fair and does not disadvantage any individual beyond the Commonwealth or its authorities.