Remuneration Tribunal Determination 2012/05 - Specified Statutory Offices - Remuneration and Allowances

Overview

The Remuneration Tribunal Determination 2012/05, made under the authority of the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for certain holders of specified statutory offices. Enacted by the Commonwealth Parliament, this determination ensures that the remuneration and related matters for these public office holders are reviewed and adjusted as necessary. The primary objective is to maintain appropriate and fair compensation aligned with the responsibilities and demands of these roles, ensuring that the remuneration remains competitive and reflective of the office's significance. This Determination revokes and supersedes the previous principal Determination 2011/07, updating the remuneration figures and maintaining consistency in other related provisions such as official travel, compensation for early loss of office, and recreation leave. The Tribunal has undertaken this review through established consultation processes, ensuring the determinations are both fair and in compliance with human rights standards.

Scope and Application

The Remuneration Tribunal Determination 2012/05 Specified Statutory Offices – Remuneration and Allowances applies to certain holders of public office, as authorised under the Remuneration Tribunal Act 1973. This Determination sets out the remuneration, allowances, and related matters for specified statutory offices. It is pertinent to note that this Determination revokes and supersedes the previous principal Determination 2011/07, which also covered the offices addressed in this new Determination. The jurisdiction of this Act extends to the Commonwealth of Australia, and its application is guided by the established practice of consultation and scrutiny, ensuring compatibility with human rights as recognised in international instruments. The Determination includes provisions for base salary, total remuneration, official travel, compensation for early loss of office, and recreation leave, with some provisions remaining unchanged from the previous Determination 2011/07. No retrospective application affects the rights of individuals adversely, nor does it impose any liability, as per subsection 12(2) of the Legislative Instruments Act 2003. The scope of this Act is thus narrowly focused on the remuneration and related allowances for specified statutory offices, ensuring clear and direct application to those positions within the Commonwealth framework.

Key Provisions

The Determination 2012/05 issued by the Remuneration Tribunal, as detailed in sections 5 to 10 of the document, sets out the remuneration and related matters for certain holders of public office, as authorised under the Remuneration Tribunal Act 1973. Specifically, Part 1 of the Determination outlines the authority for and the date of effect of the determination, as well as revoking and superseding the previous principal Determination 2011/07. This Part also includes definitions of certain terms used throughout the Determination. Part 2 provides increased Base Salary and Total Remuneration for the Specified Statutory Offices listed in Table 1, effective from specified dates. Other provisions in Part 2 remain unchanged from Determination 2011/07. Similarly, Part 3, which deals with official travel, and Part 4, concerning compensation for early loss of office, also remain substantively unchanged from the previous determination. Lastly, Part 5 outlines the recreation leave provisions, which are also unchanged from Determination 2011/07. The Determination imposes obligations on the parties it governs, such as the holders of the specified statutory offices, to adhere to the remuneration and related matters as set out in the Determination. This includes accepting the increased Base Salary and Total Remuneration specified in Part 2, as well as adhering to the unchanged provisions in Parts 3, 4, and 5. Furthermore, the Determination requires the holders of these offices to abide by the authority and date of effect specified in Part 1, as well as the definitions provided. Breaches of the provisions outlined in the Determination may lead to various consequences, including civil and criminal penalties. However, the document does not specify the exact nature of these consequences or the maximum penalties for breaches. It is essential for the parties governed by this Determination to understand and comply with the outlined provisions to avoid any potential legal repercussions. The Determination, however, assures that it is compatible with the human rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and it does not engage any of the applicable rights or freedoms.