REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2012/23
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 extends the additional loading for the current Chief Executive Officer, Health Workforce Australia, until 26 January 2015.
7. Clause 1.3 sets remuneration for the new office of Independent Hospital Pricing Authority, Chief Executive Officer.
8. Clause 1.4 and 1.5 amends the current remuneration and sets a revised personal loading for the Chief Executive Officer, Professor Debora Picone AM. The loading ceases at close of business 5 March 2013.
9. Clause 1.6 amends the current base salary of the office of Chief Executive Officer of the National Health Performance Authority. The total remuneration remains unchanged.
10. Clause 1.7 removes Clause 2.2.18 which is no longer applicable.
11. Clauses 1.8 to 1.14 set remuneration and additional loadings for the Deputy Chair and Commissioners of the Productivity Commission and also sets accommodation and reunion travel allowances for Mr Robert Fitzgerald, with effect on and from 1 December 2012. These officers were formerly in the PEO Structure.
PART 2 – PART-TIME OFFICES
12. Clause 2.1 specifies the Principal Determination (Number 13 of 2012 as amended) for the purposes of Part 2 of the Determination.
13. Clauses 2.2 to 2.5 set provisions for a new category of specified offices and set remuneration for the new office of Independent Expert Scientific Committee (IESC) on Coal Seam Gas and Large Coal Mining Development – Chair and member with effect on and from 9 November 2012.
Authority: Subsections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2012/23, established under the Remuneration Tribunal Act 1973, aims to address the remuneration and allowances for specific public office holders in Australia. Enacted by the Commonwealth of Australia, the determination seeks to ensure that the compensation for these roles remains competitive, equitable, and reflective of their responsibilities. The objective is to maintain the integrity and effectiveness of public service by providing appropriate remuneration that attracts and retains highly qualified individuals. The determination operates in compliance with human rights standards and does not impose any adverse effects on individuals or liabilities, ensuring that any retrospective application does not disadvantage any person other than the Commonwealth or its authorities. The determination covers both full-time and part-time offices, including the setting of remuneration for new roles such as the Chief Executive Officer of the Independent Hospital Pricing Authority and the Chair of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development.
Scope and Application
The Remuneration Tribunal's Determination 2012/23 pertains to the remuneration and allowances for holders of public office in Australia, applying specifically to designated full-time and part-time office holders as defined by the Remuneration Tribunal Act 1973. This legislation governs the remuneration of various high-ranking officials, including the Chief Executive Officers of Health Workforce Australia, the Independent Hospital Pricing Authority, and the National Health Performance Authority, as well as the Deputy Chair and Commissioners of the Productivity Commission. Additionally, it addresses the remuneration of the Chair and members of the newly established Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development. The Tribunal's authority to make such determinations is derived from the Remuneration Tribunal Act 1973, which empowers it to set remuneration for certain office holders. The application of this determination is not retrospective in a manner that disadvantages any person other than the Commonwealth or an authority of the Commonwealth, in accordance with the Legislative Instruments Act 2003. Furthermore, the determination is compatible with the human rights and freedoms recognised in international instruments under the Human Rights (Parliamentary Scrutiny) Act 2011, with no engagement of applicable rights or freedoms.
Key Provisions
The Remuneration Tribunal has issued a determination outlining remuneration and allowances for certain office holders, as per the Remuneration Tribunal Act 1973 (section 1). This determination includes both full-time and part-time offices. Clauses 1.1 to 1.14 within Part 1 of the determination specify the remuneration for various full-time offices, including the Chief Executive Officer of Health Workforce Australia, the Chief Executive Officer of the Independent Hospital Pricing Authority, and the Chief Executive Officer of the National Health Performance Authority (clauses 1.2 to 1.6). Clauses 1.8 to 1.14 also cover the Deputy Chair and Commissioners of the Productivity Commission, setting their remuneration and additional loadings, and provide for accommodation and reunion travel allowances for Mr Robert Fitzgerald, effective from 1 December 2012 (clauses 1.8 to 1.14).
The obligations imposed by this Act require the Remuneration Tribunal to consult and inform itself through established practices when making determinations (section 2). The Act also mandates that any retrospective application of this determination does not adversely affect the rights of individuals, other than the Commonwealth or its authorities, and does not impose any liability on such individuals (section 3). Furthermore, the determination is compatible with human rights and freedoms as declared in the Human Rights (Parliamentary Scrutiny) Act 2011 (section 4).
In terms of consequences, any breach of the obligations set out in this Act could potentially lead to legal action. However, the document does not specify explicit penalties or consequences for non-compliance. The Remuneration Tribunal Act 1973, under which this determination is made, would provide the framework for any civil or criminal consequences for breaches, although these are not detailed in the explanatory statement. The penalties could vary depending on the nature and severity of the breach, as outlined in the relevant sections of the Act.