Remuneration Tribunal Determination 2012/17 - Remuneration and Allowances for Holders of Public Office including Judicial and Related Offices

Overview

The Remuneration Tribunal Determination 2012/17 was enacted to address the need for updated and accurate remuneration and allowances for holders of public office, including judicial and related offices. The determination was made under the authority of the Remuneration Tribunal Act 1973, which empowers the Tribunal to inquire into and determine such matters. This determination was made by the Remuneration Tribunal, a body established to ensure that remuneration for public office holders is appropriate and consistent with their responsibilities. The policy objective behind this legislation is to ensure fair and equitable remuneration for public office holders, reflecting the value of their roles and responsibilities within the Australian government. This determination includes adjustments to remuneration for various office holders, corrections to previous errors, and the establishment of remuneration for new offices.

Scope and Application

The Remuneration Tribunal Determination 2012/17, established under the Remuneration Tribunal Act 1973, specifies the remuneration and allowances for various holders of public office, including judicial and related offices, throughout Australia. This Determination applies to full-time and part-time office holders, encompassing a range of roles including Chief Executive Officers, administrators, financial officers, and members of various boards and commissions. The geographic scope of this Act is national, impacting office holders across all states and territories of Australia. The Determination includes specific clauses that address adjustments, corrections, and the establishment of new remuneration rates for certain positions, effective from various dates throughout 2012. Notably, it excludes retrospective application that would disadvantage individuals unless they are the Commonwealth or an authority of the Commonwealth. The Determination is compatible with international human rights instruments, as it does not engage any of the applicable rights or freedoms. Additionally, the Act extends its application through subordinate instruments, ensuring that its provisions are implemented and enforced as intended.

Key Provisions

The Remuneration Tribunal has made specific determinations regarding remuneration and allowances for holders of public office, judicial, and related offices, as authorised by the Remuneration Tribunal Act 1973. The determinations cover full-time offices, part-time offices, and judicial and related offices. The Tribunal has consulted established practice to inform these determinations (clause 2). For example, under full-time offices, Clause 1.2 to 1.3 increase remuneration for the office of Chief Executive Officer, National Water Commission, effective from 1 July 2012 (clauses 6 and 7). Similarly, Clauses 1.10 to 1.12 set remuneration for the new offices of Administrator of the National Health Funding Pool and the Chief Executive Officer of the National Health Funding Body, also effective from 1 July 2012 (clauses 10 and 11). Clauses 1.13 to 1.15 establish accommodation and reunion travel allowances for the incoming occupant Mr Ivor Frischknecht, Chief Executive Officer of the Australian Renewable Energy Agency, from 6 August 2012 until 5 February 2013 (clause 11). For part-time offices, Clauses 2.8 to 2.10 set remuneration for the new office of Chair and Member of the Clean Energy Finance Corporation, effective from 1 July 2012 (clauses 22 and 23). Clauses 2.12 and 2.13 set new remuneration arrangements for the Australian Reinsurance Pool Corporation, effective from 20 August 2012 (clause 25). For judicial and related offices, Clauses 3.2 and 3.3 amend remuneration for the Registrar of Military Justice, effective from 1 July 2012 (clauses 27 and 28). The Remuneration Tribunal Act 1973 and the determinations made under it impose obligations on the relevant parties, including providing accurate and up-to-date information for the Tribunal to make informed decisions. The Tribunal must ensure its determinations are compatible with human rights and freedoms as recognised or declared in international instruments (clause 4). The Tribunal must also consult established practice when making its determinations (clause 2). The determinations themselves impose obligations on the relevant office holders, requiring them to accept the remuneration and allowances as determined by the Tribunal. The Remuneration Tribunal Act 1973 does not specify any offences, penalties, or civil or criminal consequences for breach of the determinations made under it. However, the Tribunal may seek to enforce compliance with its determinations through legal action if necessary. Any retrospective application of the determinations 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 (clause 3). The Tribunal must ensure its determinations are compatible with human rights and freedoms as recognised or declared in international instruments (clause 4).