Remuneration Tribunal Determination 2013/20 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2013/20, issued under the Remuneration Tribunal Act 1973, addresses the need to establish and periodically review the remuneration and allowances for holders of various public offices within the Commonwealth. This determination is the result of the Remuneration Tribunal's mandated inquiry into these matters, ensuring that office holders receive appropriate compensation that reflects their responsibilities and the demands of their positions. The determination also aims to correct and update references and remuneration levels in accordance with organisational changes and the evolving nature of the roles. By setting out the remuneration and allowances, the determination serves to maintain fairness and consistency in the compensation provided to public office holders, thereby supporting the integrity and efficiency of the public service. The Remuneration Tribunal, as the enacting body, ensures that this determination adheres to the legislative requirements and established practices. The policy objective is to provide a transparent, fair, and timely process for determining the remuneration of public office holders, which in turn supports the effective functioning of public administration and the accountability of public office holders to the Australian community. This determination is made in accordance with the powers granted under the Remuneration Tribunal Act 1973 and does not adversely affect the rights of individuals, as stipulated in the Legislative Instruments Act 2003.

Scope and Application

The Remuneration Tribunal Determination 2013/20 pertains to the remuneration and allowances for holders of certain public offices, and is made under the authority of the Remuneration Tribunal Act 1973. It applies to specific office holders, including those in full-time and part-time positions across various Commonwealth entities, such as the Australian Financial Security Authority, the Australian Maritime Safety Authority, and the National Gallery of Australia Council. The determination includes adjustments to the remuneration for the chairs, deputy chairs, and other members of these organisations' boards and councils, with specific dates of commencement for these adjustments outlined in the document. Furthermore, the determination also addresses travel allowances for these office holders, clarifying that the allowances set out in Table A1A are inclusive of accommodation, meals, and incidentals. The Tribunal made this determination following consultation in accordance with established practice and is empowered to do so by the Remuneration Tribunal Act 1973. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003, ensuring 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.

Key Provisions

The Remuneration Tribunal has determined the remuneration and allowances for various public office holders under the Remuneration and Allowances for Holders of Public Office Determination 2013 (Determination 2013/20). This determination is based on the authority granted by the Remuneration Tribunal Act 1973 and follows the Tribunal's consultation practices. The determination clarifies remuneration for full-time and part-time office holders and includes provisions for official travel allowances. Clause 1.1 (Part 1) specifies the Principal Determination (Number 10 of 2013 as amended) for full-time offices, while Clause 1.2 addresses the name change of the Insolvency and Trustee Service Australia to the Australian Financial Security Authority, though the remuneration for the Chief Executive remains unchanged. The obligations imposed by this determination require the Remuneration Tribunal to set and adjust remuneration and allowances for public office holders based on their roles and responsibilities. For full-time offices, Clause 1.1 outlines the remuneration provisions, while Clause 2.1 (Part 2) specifies the Principal Determination (Number 11 of 2013 as amended) for part-time offices. The Tribunal must ensure that any changes to remuneration reflect the duties and demands of the positions. Additionally, Clause 3.1 (Part 3) specifies the Principal Determination (Number 16 of 2013) for official travel allowances, with Clause 3.2 clarifying that allowances in Table A1A are inclusive of accommodation, meals, and incidentals. The determination also includes provisions regarding retrospective application, as outlined in subsection 12(2) of the Legislative Instruments Act 2003. It ensures that any retrospective changes do not adversely affect the rights of individuals, excluding the Commonwealth or its authorities, nor impose any liability on them. Increased remuneration for certain positions is specified in Clauses 2.2 and 2.3 for the Australian Maritime Safety Authority and Clauses 2.7 and 2.8 for the National Gallery of Australia Council, with specific commencement dates provided in Clauses 2.4, 2.6, and 2.9. In terms of consequences, breaches of the provisions outlined in this determination may result in civil or criminal penalties, depending on the nature and severity of the breach. The specific penalties are not detailed in the explanatory statement but would be subject to the relevant legislative framework under which the Remuneration Tribunal operates. The maximum penalties would typically be determined by the applicable laws, such as the Remuneration Tribunal Act 1973, and could include fines or other sanctions for non-compliance with the remuneration and allowance provisions.