Remuneration Tribunal Determination 2011/17 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2011/17 was enacted to address the need for updated remuneration and allowances for various public office holders in Australia. This legislation was introduced by the Remuneration Tribunal in accordance with its powers under the Remuneration Tribunal Act 1973. The primary policy objective of this Determination is to ensure that the remuneration and related allowances for office holders are periodically reviewed and adjusted to reflect changes in responsibilities, economic conditions, and other relevant factors. The Determination includes adjustments to the remuneration for full-time and part-time office holders, as well as provisions for new offices and the cessation of others, ensuring that the compensation structure remains fair and equitable. The application of this Determination is retrospective, provided it does not adversely affect the rights of individuals, in line with the requirements of the Legislative Instruments Act 2003.

Scope and Application

The Remuneration Tribunal Determination 2011/17, made under the Remuneration Tribunal Act 1973, pertains to the remuneration and allowances for holders of various full-time and part-time public offices in Australia. This determination impacts a wide range of office holders, including those in significant roles such as the Australian Prudential Regulation Authority, Australian Securities and Investments Commission, Australian Competition and Consumer Commission, and the Solicitor-General, as well as newly established positions such as the Chief Executive Officer of the Australian Commission on Safety and Quality in Health Care. Additionally, the determination addresses the remuneration for part-time offices such as the Chair and Member of the Board of Taxation and positions within the Anindilyakwa Land Council. The remuneration adjustments are effective from various dates, including 10 August 2011, 1 July 2011, and 5 September 2011, depending on the office. Notably, this determination also involves the removal of personal loadings for certain positions and the correction of remuneration references for other offices. The scope of the Act is national, given its Commonwealth application, and it does not extend to state or territory levels unless otherwise specified.

Key Provisions

The Remuneration Tribunal has made several key determinations regarding the remuneration and allowances for various full-time and part-time public office holders, as authorised by the Remuneration Tribunal Act 1973 (sections 7(3) and 7(4)). Clause 1.1 specifies the Principal Determination (Number 8 of 2011, as amended) for full-time offices. Clauses 1.2 to 1.13 increase the remuneration for office holders associated with the Australian Prudential Regulation Authority, Australian Securities and Investments Commission, Australian Competition and Consumer Commission, and the Solicitor-General, effective from 10 August 2011. Clauses 1.14 to 1.16 set the remuneration for the Chief Executive Officer of the Australian Commission on Safety and Quality in Health Care, effective from 1 July 2011. Clauses 1.17 and 1.18 remove references to the personal loading for Mr Glenn Hurry, the Chief Executive Officer of the Australian Fisheries Management Authority Commission. Clause 1.19 sets the remuneration for the full-time Chair of the Anindilyakwa Land Council. Clauses 1.20 to 1.22 establish the accommodation and reunion travel allowances for the Race Discrimination Commissioner, Dr Helen Szoke, effective from 5 September 2011, while she maintains her principal place of residence in Melbourne. The obligations imposed by this legislation primarily concern the determination of remuneration and allowances for various public office holders. For full-time office holders, this includes setting remuneration for offices such as the Australian Prudential Regulation Authority, the Australian Securities and Investments Commission, and others, as outlined in Clauses 1.2 to 1.13. For part-time office holders, the Act mandates the setting of remuneration for positions such as the Chair and Member of the Board of Taxation, and the Chair, Member, and Expert Committees of the Australian Commission on Safety and Quality in Health Care, as detailed in Clauses 2.2 to 2.6. The Tribunal's determination also involves removing references to certain personal loadings and updating payment rates, as seen in Clauses 1.17 to 1.19 and Clause 2.9. There are no explicit offences, penalties, or consequences for breach detailed in the Determination. However, the Tribunal's authority under the Remuneration Tribunal Act 1973 implies that failure to adhere to these determinations could potentially result in legal repercussions. While specific penalties are not mentioned in this document, breaches of statutory provisions generally attract civil or criminal penalties depending on the nature and severity of the breach, as per the relevant laws and regulations.