Overview

The Remuneration and Allowances for Holders of Public Office Determination 2013, published as F2013L01876, was enacted to address the need for a formalised and transparent process for determining the remuneration and allowances for certain office holders within the Australian government. The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, conducted inquiries and consultations to make this determination, ensuring alignment with established practices. The primary objective of this determination is to provide clear and updated guidelines on the remuneration for full-time and part-time public office holders, thereby maintaining fairness and consistency in the remuneration framework. This determination also reflects changes such as the dissolution of the Australian Social Inclusion Board and updates to the remuneration for the Chair and Member of the Defence Honours and Award Appeals Tribunal. The retrospective application of this determination is governed by subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of any individual, except where the Commonwealth or an authority of the Commonwealth is involved.

Scope and Application

This determination under the Remuneration Tribunal Act 1973 applies to the remuneration of full-time and part-time office holders, specifically setting out remuneration for certain public officials. In Part 1, it addresses the remuneration for full-time offices, with Clauses 1.2 and 1.3 determining the remuneration for Mr Nigel Hadgkiss as Director of the Fair Work Building Industry Inspectorate, and Clause 1.4 specifying the effective date of this remuneration. In Part 2, it concerns part-time offices, with Clause 2.2 removing references to the defunct Australian Social Inclusion Board and Clause 2.3 establishing remuneration for the Chair and Member of the Defence Honours and Award Appeals Tribunal. The application of this determination extends to those specific office holders as outlined and is made in accordance with the Remuneration Tribunal Act 1973, with any retrospective application ensuring no disadvantage to persons other than the Commonwealth or its authorities, as per the Legislative Instruments Act 2003. The jurisdictional reach of this determination is governed by the Commonwealth, applying to public office holders within the federal framework.

Key Provisions

The Determination 2013/23, Remuneration and Allowances for Holders of Public Office, sets out the remuneration for specific public office holders, as determined by the Remuneration Tribunal under the Remuneration Tribunal Act 1973. This determination is divided into two main parts: full-time offices and part-time offices. Clause 1.1 in Part 1 specifies the Principal Determination (Number 10 of 2013 as amended), which applies to full-time office holders. Clauses 1.2 and 1.3 specify the remuneration for Mr Nigel Hadgkiss as Director of the Fair Work Building Industry Inspectorate, with Clause 1.4 setting the date of effect for these provisions. The obligations imposed by this determination are that the specified remuneration must be adhered to by the parties involved. For full-time office holders, such as Mr Nigel Hadgkiss, the remuneration specified in Clauses 1.2 and 1.3 must be paid in accordance with the Principal Determination. Additionally, Clause 2.2 in Part 2 removes references to the Australian Social Inclusion Board, reflecting its defunct status, while Clause 2.3 sets remuneration for the Chair and Member of the Defence Honours and Award Appeals Tribunal. There are no explicit offences, penalties, or consequences for breach outlined in this determination. However, the determination is made in accordance with the provisions of the Legislative Instruments Act 2003, which ensures that any retrospective application does not adversely affect the rights of any person other than the Commonwealth or its authorities. The Remuneration Tribunal, through its established practices and consultations, ensures that the determinations made are fair and consistent with the law.