REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2012/22
Remuneration and Allowances for Holders of Public Office
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for certain office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003 as it 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.
4. This Determination 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. This Determination does not engage any of the applicable rights or freedoms.
PART 1 – FULL-TIME OFFICES
5. Clause 1.1 specifies the Principal Determination (Number 12 of 2012 as amended) for the purposes of Part 1 of the Determination.
6. Clause 1.2 removes all reference to Clause 2.2.15 for the Tertiary Education Quality and Standards Agency.
7. Clause 1.3 removes all reference to Clause 2.2.21 for the Commonwealth Financial Officer for Norfolk Island.
8. Clause 1.4 removes Clauses 2.2.15 and 2.2.21 which are no longer applicable.
9. Clauses 1.5 and 1.6 set a person specific loading for the Mr Vipan Mahajan, Director of the Tuition Protection Service, with effect on and from 1 July 2012.
10. Clauses 1.7 and 1.8 set increased remuneration for the Chief Executive Officer, Australian Sports Anti Doping Authority, with effect on and from 1 July 2012.
11. Clause 1.9 removes the first sentence of Clause 2.2.1 which is no longer applicable.
12. Clauses 1.10 and 1.11 set reduced remuneration for the Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority, with effect on and from 23 October 2012.
PART 2 – PART-TIME OFFICES
13. Clause 2.1 specifies the Principal Determination (Number 13 of 2012 as amended) for the purposes of Part 2 of the Determination.
14. Clauses 2.2 and 2.3 removes all references to the Financial Reporting Panel. This office is now defunct.
15. Clauses 2.4 and 2.5 set remuneration for the Chair of the reconstituted APS Reconsideration Committee, with effect on and from 1 July 2012.
16. Clause 2.6 and 2.7 set a daily fee for the Chair of Australian Organ and Tissue Donation and Transplantation Authority Advisory Council, in place of the previously determined annual fee, with effect on and from 23 August 2012.
17. Clauses 2.8 to 2.11 removes the Independent Hospital Pricing Authority Clinical Advisory Committee from Table A1A and places the Committee under Schedule B, with effect on and from 1 October 2012. The fees and allowances have not changed.
PART 3 – SPECIFIED STATUTORY OFFICES
18. Clause 3.1 specifies the Principal Determination (Number 16 of 2012) for the purposes of Part 3 of the Determination.
19. Clauses 3.2 and 3.3 allows the employer to approve a housing assistance benefit to the Chief of the Defence Force, with effect on and from 1 July 2012.
Authority: Subsections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Explanatory Statement: Determination 2012/22 addresses the remuneration and allowances for various office holders, as mandated by the Remuneration Tribunal Act 1973. This determination was introduced to ensure that the remuneration of individuals in public office is fair, equitable, and reflective of their responsibilities and the duties they undertake. The determination is made through consultation in accordance with established practices and ensures that any retrospective application does not adversely affect the rights of individuals, aligning with the provisions of the Legislative Instruments Act 2003. Additionally, it is confirmed that this determination does not infringe upon any human rights or freedoms as recognised by the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.
The Remuneration Tribunal Act 1973 was enacted by the Australian Parliament to provide a framework for determining the remuneration and allowances for certain office holders. The policy objective of this legislation is to maintain a transparent and consistent approach to the remuneration of public office holders, thereby ensuring accountability and fairness. This determination, in line with the Act, makes specific adjustments to the remuneration for various full-time and part-time office holders, including the removal of outdated references and the setting of new rates where necessary. The authority for these amendments stems from Subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.
Scope and Application
The Remuneration and Allowances for Holders of Public Office Determination 2012/22, issued under the Remuneration Tribunal Act 1973, applies to the remuneration and allowances of various full-time and part-time office holders in the Australian public sector, including the Director of the Tuition Protection Service, the Chief Executive Officers of the Australian Sports Anti-Doping Authority and the Australian Curriculum, Assessment and Reporting Authority, and the Chair of the Australian Organ and Tissue Donation and Transplantation Authority Advisory Council, among others. This determination covers individuals holding specified statutory offices and ensures they receive appropriate compensation for their roles, with adjustments made to their remuneration and allowances as required. The application of this determination is limited to the Commonwealth and is subject to the provisions of the Legislative Instruments Act 2003, which ensures that no person other than the Commonwealth or an authority of the Commonwealth is adversely affected. Furthermore, the determination aligns with human rights obligations as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring compatibility with international instruments.
Key Provisions
The primary provisions of this Determination are outlined in three distinct parts, each addressing different categories of office holders and their remuneration. Part 1 (Clauses 1.1 to 1.11) deals with full-time offices and includes updates to the remuneration for various office holders such as the Director of the Tuition Protection Service (Clause 1.5) and the Chief Executive Officer of the Australian Sports Anti Doping Authority (Clause 1.7). Part 2 (Clauses 2.1 to 2.11) addresses part-time offices, with adjustments to the remuneration for the Chair of the reconstituted APS Reconsideration Committee (Clause 2.4) and the Chair of the Australian Organ and Tissue Donation and Transplantation Authority Advisory Council (Clause 2.6). Part 3 (Clauses 3.1 to 3.3) pertains to specified statutory offices, such as the Chief of the Defence Force, allowing for housing assistance benefits to be approved by the employer (Clause 3.2).
The obligations imposed by this Determination are primarily related to the adjustments and updates to remuneration and allowances for the specified office holders. Office holders affected by the Determination are entitled to the updated remuneration and allowances as specified, effective from the dates mentioned in each clause. Employers are required to implement these changes in accordance with the Determination, ensuring that the appropriate remuneration and allowances are provided to the relevant office holders from the specified dates.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the Determination itself. However, non-compliance with the remuneration provisions as set out could potentially lead to disputes or legal actions by the affected office holders. It is important for employers to adhere to the updated remuneration guidelines to avoid any potential legal ramifications. The Determination does not specify any maximum penalties, but any breaches of the remuneration provisions may be subject to legal scrutiny and resolution through appropriate channels.