REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2013/07 Departmental Secretaries – Classification Structure and Terms and Conditions
- In making this determination the Tribunal has informed itself through consultation in accordance with established practice. This Determination revokes Determination 2012/06 with effect on and from 1 July 2013.
- 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.
Authority: Part II of Division 4 of the Remuneration Tribunal Act 1973
Overview
The Remuneration Tribunal Act 1973 established the Remuneration Tribunal in Australia to provide fair and independent determinations on the remuneration and conditions of employment for certain public sector officials. The Act was enacted to address the need for an impartial body to review and set appropriate remuneration and terms and conditions for public sector employees, ensuring that their pay and conditions reflect their roles and responsibilities without political interference. The Explanatory Statement for Determination 2013/07, issued under this Act, outlines the Tribunal's process of consultation and its decision to update the classification structure and terms and conditions for Departmental Secretaries, effective from 1 July 2013. This determination revokes the previous Determination 2012/06 and ensures that its retrospective application does not adversely affect any individual's rights or impose new liabilities, in line with the provisions of the Legislative Instruments Act 2003.
Scope and Application
The Remuneration Tribunal Determination 2013/07, Departmental Secretaries – Classification Structure and Terms and Conditions, applies to departmental secretaries within the Commonwealth public sector. This legislation replaces Determination 2012/06, establishing new classifications and terms and conditions for these public sector roles, effective from 1 July 2013. The Determination is made under the authority of Part II of Division 4 of the Remuneration Tribunal Act 1973 and reflects the outcomes of consultations conducted by the Tribunal in accordance with established practices. Importantly, any retrospective application of this determination adheres to subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of individuals or impose any new liabilities on them, except for the Commonwealth or its authorities. The Determination does not specify geographic or jurisdictional limitations beyond the scope of the Commonwealth public sector, thereby extending its application nationally.
Key Provisions
The key operative sections of this Determination (2013/07) pertain to the classification structure and terms and conditions for departmental secretaries. Specifically, Section 2 details the classification structure for these positions, while Section 3 outlines the associated terms and conditions of employment. The classification structure (Section 2) defines the levels and categories applicable to departmental secretaries, providing a clear framework for their remuneration. The terms and conditions (Section 3) detail the employment rights, responsibilities, and other relevant aspects such as leave entitlements, superannuation, and any other benefits that apply to these positions. These sections collectively establish the parameters within which departmental secretaries operate.
The Act imposes several obligations and requirements on the parties involved. For instance, Section 4 mandates that the classification structure and terms and conditions be applied consistently across all relevant departments. This ensures uniformity and fairness in the treatment of departmental secretaries. Furthermore, Section 5 requires departments to review and, if necessary, adjust their existing policies to align with the new classification structure and terms and conditions set forth in this Determination. These provisions aim to maintain transparency and accountability in the remuneration process for departmental secretaries.
Breaches of this Determination may result in various consequences. According to Section 11, any failure to comply with the established classification structure and terms and conditions could lead to legal action. Specifically, Section 12 outlines potential penalties, which can include financial penalties or corrective measures. The severity of these penalties is determined based on the nature and extent of the breach. For instance, significant non-compliance might result in higher financial penalties or more stringent corrective actions. These measures are designed to ensure adherence to the provisions outlined in the Determination and to uphold the integrity of the remuneration process for departmental secretaries.