Remuneration Tribunal Determination 2012/07 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2012/07, enacted under the Remuneration Tribunal Act 1973, serves to establish remuneration and allowances for holders of public office. This legislative instrument was introduced to ensure that the salaries and benefits for public office holders are appropriately set and updated in accordance with the tribunal’s mandate. The Remuneration Tribunal, as the enacting body, has the authority to make such determinations to maintain fair and equitable compensation standards. The policy objective of this determination is to reflect changes in roles, responsibilities, and market conditions, ensuring that remuneration remains competitive and reflective of the duties associated with the offices in question. The determination includes adjustments to the remuneration for various positions, including the creation of new offices, and updates to allowances for part-time and full-time office holders, all of which are designed to align with current economic and societal standards.

Scope and Application

The Remuneration Tribunal Determination 2012/07 pertains to the remuneration and allowances for holders of public office, as authorised by the Remuneration Tribunal Act 1973. This determination applies to both full-time and part-time office holders and establishes their remuneration and other related allowances. The scope extends to various new offices, including the Chair/Chief Executive Officer of the Clean Energy Regulator, the Commonwealth Financial Officer for Norfolk Island, and members of committees such as the Advisory Committee on the Safety of Medical Devices. The determination also corrects and updates references to existing offices, ensuring that the remuneration and entitlements remain accurate and reflective of the current structure. Geographically, this determination has a national reach as it pertains to various federal offices, and its application is not restricted to any particular state or territory. There are no explicit exclusions or exemptions mentioned in the determination, and it does not set any specific thresholds. The application of this determination may be further detailed or modified through subordinate instruments or regulations, although these are not explicitly outlined in the provided text.

Key Provisions

The Remuneration Tribunal has determined the remuneration and allowances for various office holders under the Remuneration Tribunal Act 1973, as detailed in the Determination 2012/07. Clause 1.1 refers to the Principal Determination (Number 8 of 2011 as amended), which applies to full-time offices. Clauses 1.2 to 1.6 establish the remuneration for the Chair/Chief Executive Officer of the Clean Energy Regulator, including accommodation and reunion travel allowances for Ms C Munro, effective from 2 April 2012. Clause 1.7 corrects references to the CEO of the National Offshore Petroleum Safety and Environmental Management Authority, while maintaining the same remuneration and entitlements. Clauses 1.8 to 1.10 detail the remuneration for the new office of Commonwealth Financial Officer for Norfolk Island, effective from 29 March 2012. The Determination also applies to part-time offices, as outlined in Clause 2.1, which refers to the Principal Determination (Number 9 of 2011 as amended). Clause 2.2 removes references to the Medical Device Incident Review Committee, which has been replaced. Clause 2.3 sets the remuneration for the Chair and Member of the Advisory Committee on the Safety of Medical Devices. Clauses 2.4 to 2.10 establish guidelines for a new category of specified offices and set the remuneration for the Clean Energy Regulator – Member, effective from 2 April 2012. The Determination imposes obligations on the parties it governs, requiring them to adhere to the remuneration and allowances set out in the clauses. For full-time offices, this includes ensuring that the remuneration and allowances for the Chair/Chief Executive Officer of the Clean Energy Regulator and the Commonwealth Financial Officer for Norfolk Island are paid as specified. For part-time offices, the obligations include setting the remuneration for the Chair and Member of the Advisory Committee on the Safety of Medical Devices and the Clean Energy Regulator – Member. Breach of the provisions in this Determination may result in civil or criminal consequences, as outlined in the Remuneration Tribunal Act 1973. The maximum penalties for offences under this Act are not explicitly stated in the Determination, but they may include fines or imprisonment, depending on the severity of the breach. The Determination is compatible with human rights and freedoms, as it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.