Remuneration Tribunal Determination 2013/04 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2013/04 was enacted in 2013 under the authority of the Remuneration Tribunal Act 1973, which empowers the Tribunal to determine the remuneration and allowances for certain office holders. This determination addresses the need to review and adjust the remuneration for various public office holders, ensuring that their compensation aligns with the responsibilities and duties of their positions. The objective is to maintain equitable and appropriate remuneration standards for public office holders, reflecting their roles within the Australian government. The determination was made through established consultation processes and ensures that any retrospective application does not disadvantage any individual except the Commonwealth or its authorities. Furthermore, the determination complies with human rights obligations as it does not engage any of the applicable rights or freedoms as outlined in international instruments. This determination, made by the Remuneration Tribunal, includes adjustments for both part-time and full-time office holders, reflecting changes in their roles and responsibilities. For part-time offices, it adjusts the remuneration for Board members of Indigenous Business Australia, excluding the Chairperson and Deputy Chairperson, and removes references to defunct offices such as the Telecommunications Universal Service Management Agency and the Review of the Distribution of the Goods and Services Tax. For full-time offices, it removes references to obsolete positions and adjusts specific base salaries, ensuring that the remuneration remains relevant and fair. The determination is a response to the need for regular review and adjustment of public office remuneration to reflect changes in the roles and the broader economic context.

Scope and Application

The Remuneration Tribunal Determination 2013/04 pertains to the remuneration and allowances for certain office holders, as established under the Remuneration Tribunal Act 1973. This Determination applies to specific part-time and full-time office holders, including board members of entities such as Indigenous Business Australia and positions within various government agencies. It does not apply to the Commonwealth or its authorities unless explicitly stated. The Tribunal's determinations can be applied retrospectively in a manner that does not disadvantage any person, other than the Commonwealth or its authorities, and does not impose any new liabilities. Additionally, the Determination is in line with human rights as recognised in international instruments, without affecting any applicable rights or freedoms. The scope of this legislation extends to updating and adjusting the remuneration for certain public office holders, as well as removing references to defunct offices and positions. Any further application or restrictions of this Determination are governed by the Remuneration Tribunal Act 1973 and related subordinate instruments.

Key Provisions

The Remuneration Tribunal has determined the remuneration and allowances for certain office holders under the Remuneration and Allowances for Holders of Public Office Determination 2013/04 (Clause 1). This determination is made pursuant to the Remuneration Tribunal Act 1973, and follows established practices of consultation and inquiry (Clause 2). Importantly, any retrospective application of this determination is compliant with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, and does not impose any liability on such a person (Clause 3). Additionally, this Determination is compatible with human rights and freedoms as recognised in international instruments (Clause 4). The Determination includes specific provisions for both part-time and full-time offices. For part-time offices, Clause 1.1 references the Principal Determination (Number 13 of 2012 as amended) (Clause 5). Clause 1.2 removes references to the Telecommunications Universal Service Management Agency from Table A2A and Clause A2A-1, reclassifying the office in Table A1A (Clause 6). Clause 1.4 increases remuneration for Board members of Indigenous Business Australia, excluding the Chairperson and Deputy Chairperson (Clause 8). Clause 1.6 removes references to the Review of the Distribution of the Goods and Services Tax, acknowledging the office is now defunct (Clause 10). For full-time offices, Clause 2.1 references the Principal Determination (Number 24 of 2012 as amended) (Clause 11). Clause 2.2 removes a person-specific base salary set for the former Deputy Commonwealth Ombudsman, Ms Alison Larkins (Clause 12). Clause 2.3 eliminates an obsolete clause relating to the Chief Executive Officer of the Australian Commission on Safety and Quality in Health Care (ACSQHC) (Clause 13). Clause 2.4 removes Clauses 2.2.14 and 2.2.17, which are no longer applicable (Clause 14). These changes are authorised under subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973 (Clause 24). Under the Remuneration and Allowances for Holders of Public Office Determination 2013/04, any breach of the obligations and requirements outlined may lead to civil or criminal consequences. The Remuneration Tribunal Act 1973, as the governing legislation, provides for penalties for non-compliance, which can include fines and imprisonment. Specific penalties would depend on the nature and severity of the breach. However, the determination itself does not detail specific penalties but refers to the broader legislative framework for enforcement and consequences.