Remuneration Tribunal Determination 2012/20 - Remuneration and Allowances for Holders of Public Office, Principal Executive Office - Classification Structure and Terms and Conditions and Judicial and Related Offices

Overview

The Remuneration Tribunal Determination 2012/20 was enacted to provide the remuneration and related allowances for various public office holders, ensuring alignment with their roles and responsibilities. This legislation was introduced under the authority of the Remuneration Tribunal Act 1973, which empowers the Tribunal to determine the remuneration and other significant matters for certain office holders. The determination process involved extensive consultation in accordance with established practices, ensuring that the decisions were well-informed and reflective of the roles in question. Any retrospective application of this determination, as per subsection 12(2) of the Legislative Instruments Act 2003, does not adversely affect the rights of any person other than the Commonwealth or its authorities, nor does it impose any liability on such individuals. The determination is also compatible with the human rights and freedoms recognised in the international instruments under the Human Rights (Parliamentary Scrutiny) Act 2011. This Determination addresses the need to maintain fair and appropriate remuneration for public office holders, adapting to changes in roles and responsibilities as new offices are created or existing ones are restructured.

Scope and Application

The Remuneration Tribunal Determination 2012/20, made under the authority of the Remuneration Tribunal Act 1973, specifies remuneration and related allowances for various office holders within the Australian Commonwealth. This determination applies to a wide range of public office holders, including those in full-time and part-time offices, principal executive offices, and judicial and related offices. It addresses specific remuneration and additional benefits for offices such as the National Children’s Commissioner, the Administrator of Christmas and Cocos (Keeling) Islands, and members of the Australian Therapeutic Goods Advisory Committee. The scope of this determination extends to both newly created offices and amendments to existing ones, ensuring that remuneration structures are updated to reflect current roles and responsibilities. The geographic reach of this legislation is national, encompassing all office holders within the Commonwealth of Australia. The application of this determination is further extended through subordinate instruments that may provide additional details or clarifications. There are no specified exclusions or thresholds in this determination, but it is noted that any retrospective application does not disadvantage any person other than the Commonwealth or its authorities, in line with the Legislative Instruments Act 2003.

Key Provisions

The Remuneration Tribunal, operating under the authority granted by the Remuneration Tribunal Act 1973, has issued Determination 2012/20 which addresses the remuneration and allowances for various public office holders. Clauses 1.1 to 1.15 of Part 1 set out the Principal Determination for full-time offices, establishing or modifying remuneration for specific roles. For instance, Clause 1.2 introduces remuneration for the new office of National Children’s Commissioner, while Clauses 1.3 to 1.5 detail the remuneration for the incoming Administrator of Christmas and Cocos (Keeling) Islands, effective from 5 October 2012. Clause 1.10 removes references to the Chief Executive Officer, Centrelink, reflecting its incorporation into the Department of Human Services. Similarly, Part 2 addresses part-time offices, with Clauses 2.2 and 2.3 setting remuneration for new roles within the Australian Therapeutic Goods Advisory Committee and the Australian Workforce and Productivity Agency. Clause 2.4 eliminates references to the defunct National Medicines Policy Committee. The obligations imposed by this Determination are primarily to ensure that remuneration and allowances are appropriately set for the specified office holders. For example, Clause 1.3 mandates specific remuneration for the Administrator of Christmas and Cocos (Keeling) Islands, while Clauses 1.11 and 1.12 reinstate Travel Tier 1 for the Director, Old Parliament House, effective from 1 July 2012. Additionally, Clauses 3.2 and 3.3 incorporate amendments from previous years, which were inadvertently omitted from the previous determinations. These clauses ensure that the remuneration structures are up to date and accurately reflect the current roles and responsibilities of the office holders. The legislation does not explicitly detail offences, penalties, or civil/criminal consequences for breaches within this Determination. However, the authority under which this Determination is made, the Remuneration Tribunal Act 1973, typically outlines provisions for enforcement and compliance. Generally, failure to adhere to the prescribed remuneration and allowances as determined by the Tribunal could potentially lead to legal scrutiny or challenges, although specific penalties are not delineated within this Determination itself. It is implied that any non-compliance could be subject to review or corrective measures as per the relevant legislative frameworks.