Overview

The Remuneration Tribunal Act 1973 was enacted to establish the Remuneration Tribunal, an independent body responsible for determining the remuneration and allowances for holders of certain public offices. The Act was introduced to address the need for an impartial review of the remuneration of public officials to ensure it is fair and reflective of the responsibilities associated with the office. The determinations made by the Tribunal are intended to provide appropriate compensation that reflects the duties and the impact of the roles on the individuals while maintaining public accountability. The 2013 Determination 24, issued under the authority of the Remuneration Tribunal Act 1973, further refines and updates the remuneration for various full-time and part-time public office holders, ensuring alignment with current economic conditions and the responsibilities of their positions. The determinations aim to support the policy objective of maintaining fair and competitive remuneration to attract and retain qualified individuals in public service roles.

Scope and Application

The Remuneration Tribunal Determination 2013/24 applies to the remuneration and allowances of specific office holders as designated by the Remuneration Tribunal Act 1973. This determination sets specific remuneration and allowances for full-time and part-time office holders, including the Solicitor-General, the Chief Executive Officers of the Australian Aged Care Quality Agency and Comcare, the Chair/CEO of the Clean Energy Regulator, the Chair and Members of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development, and the Chair and Members of the Aged Care Quality Advisory Council. The application of this determination is in line with the legislative framework provided by the Remuneration Tribunal Act 1973 and is intended to ensure that remuneration is set appropriately for the offices concerned. The determination may also be extended or modified through subordinate instruments, as authorised by the Act. This determination has a national jurisdictional reach, applying across Australia, and it does not include any specific exclusions or exemptions other than those implied by its targeted nature. The retrospective application of this determination, as mentioned, does not adversely affect the rights of any person other than the Commonwealth or an authority of the Commonwealth, in accordance with subsection 12(2) of the Legislative Instruments Act 2003.

Key Provisions

The Remuneration Tribunal, under the authority granted by the Remuneration Tribunal Act 1973, has established specific remuneration and allowances for certain office holders through Determination 2013/24. This determination, outlined in the Explanatory Statement, details the remuneration for both full-time and part-time office holders. For full-time offices, Clauses 1.2 and 1.3 set the allowance for Mr. Justin Gleeson SC, the Solicitor-General, with Clause 1.4 specifying the effective date for these provisions. Clause 1.5 establishes the remuneration for the new office of Chief Executive Officer of the Australian Aged Care Quality Agency, with Clause 1.6 indicating the date this remuneration takes effect. Additionally, Clause 1.7 increases the remuneration for the Chief Executive Officer of Comcare, and Clause 1.8 sets the effective date for this increase. Lastly, Clause 1.9 modifies the end date for a personal loading paid to the Chair/CEO of the Clean Energy Regulator. The obligations imposed by this Act primarily revolve around the establishment and enforcement of the remuneration and allowances set forth for the specified office holders. The Tribunal must ensure that these provisions are adhered to by the relevant authorities and that any changes in remuneration are properly communicated and implemented. For instance, Clauses 1.2 to 1.9 explicitly define the remuneration and effective dates for various offices, requiring the involved entities to comply with these terms. In part-time offices, Clause 2.2 removes an outdated provision, and Clause 2.3 increases remuneration for the Chair and Members of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development, with Clause 2.4 detailing the commencement date. Clause 2.5 sets remuneration for the Chair and Members of the Aged Care Quality Advisory Council, and Clause 2.6 specifies the effective date for this remuneration. Breaches of the provisions set out in this determination can lead to civil or criminal consequences, depending on the severity of the violation. The Act does not specify particular offences or penalties within the text but implies that non-compliance with the established remuneration and allowances could result in legal actions. Given the nature of the Tribunal's role, it is likely that any significant breaches could be pursued through appropriate legal channels, potentially leading to fines or other penalties as deemed necessary by the courts. The maximum penalties, however, are not explicitly stated in the text but would be determined in the context of any legal proceedings that arise from a breach of these provisions.