REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2013/18
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.
PART 1 – FULL-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 10 of 2013 as amended) for the purposes of Part 1 of the Determination
5. Clause 1.2 increases the base salary of Mr Vipan Mahajan while he occupies the office of Director of the Tuition Protection Service.
6. Clause 1.3 sets the date of the adjustment of Clause 1.2.
7. Clause 1.4 sets increased remuneration for the Director-General, AusAid.
8. Clause 1.5 sets the date of commencement of Clause 1.4.
Authority: Subsections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2013/18, issued under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for holders of certain public offices. Enacted by the Remuneration Tribunal, this determination follows consultation in accordance with established practice, ensuring a transparent and informed process. The primary objective of this legislation is to establish fair and appropriate remuneration packages for public office holders, thereby maintaining the integrity and efficiency of public service. The determination includes adjustments to the base salary for specific office holders, such as the Director of the Tuition Protection Service and the Director-General of AusAid, reflecting the Tribunal's role in setting remuneration that aligns with the responsibilities and demands of these positions. Importantly, the retrospective application of this determination does not adversely affect the rights of individuals, aligning with the principles of the Legislative Instruments Act 2003.
Scope and Application
The Remuneration Tribunal operates under the authority of the Remuneration Tribunal Act 1973, which empowers the Tribunal to make determinations regarding the remuneration and allowances for certain office holders, particularly those holding full-time positions within the Commonwealth public service. These determinations, as outlined in the Remuneration and Allowances for Holders of Public Office Determination 2013/18, apply specifically to individuals occupying designated public offices, including those of Director of the Tuition Protection Service and Director-General of AusAid. The Tribunal's jurisdiction extends across the Commonwealth, ensuring that the remuneration and allowances set forth in these determinations are consistent and equitable across federal public offices. Notably, any retrospective application of these determinations adheres to the provisions of the Legislative Instruments Act 2003, safeguarding against adverse impacts on individuals other than the Commonwealth or its authorities. The scope of the Tribunal's authority is further delineated and potentially expanded through subordinate instruments, which may provide additional detail or modify the application of the primary legislation.
Key Provisions
The main operative sections of the Remuneration Tribunal Determination 2013/18 (Number 10 of 2013 as amended) pertain to the adjustment and setting of remuneration for specific office holders. Clause 1.1 specifies the Principal Determination for the purposes of Part 1 of the Determination (section 4). Clause 1.2 increases the base salary of Mr Vipan Mahajan, the Director of the Tuition Protection Service (section 5). Clause 1.3 sets the date of adjustment for this salary increase (section 6), while Clause 1.4 sets the increased remuneration for the Director-General of AusAid (section 7). Clause 1.5 specifies the date of commencement for this adjustment (section 8). These clauses provide clear instructions on the changes to remuneration for the specified office holders.
The Remuneration Tribunal has outlined specific obligations and requirements for the parties it governs. The Tribunal must consult with relevant stakeholders in accordance with established practice to inform its determinations (section 2). Any retrospective application of the determination must comply with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of individuals (other than the Commonwealth or its authorities) or impose any new liabilities upon them (section 3). The obligations of the Tribunal are to conduct its processes transparently and fairly, taking into account all relevant factors in making its determinations.
Breach of any provision within the Remuneration Tribunal Determination 2013/18 could result in various consequences. Although specific offences and penalties are not detailed in the explanatory statement, breaches of the Remuneration Tribunal Act 1973 could lead to legal action under the general provisions of the Act or other relevant legislation. The determinations made by the Tribunal are legally binding, and failure to comply could result in civil or criminal penalties, including fines or other sanctions. The exact nature and severity of penalties would depend on the specific breach and applicable laws.