REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2014/19
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.
Contents
PART 1 – FULL-TIME OFFICES
PART 2 – PART-TIME OFFICES
PART 1 – FULL-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 12 of 2014 as amended) for the purposes of Part 1 of the Determination.
5. Clauses 1.2 and 1.3 set remuneration and an additional loading for the Chief Executive Officer of the re-established Infrastructure Australia.
6. Clause 1.4 sets the date of effect of clauses 1.2 and 1.3.
7. Clauses 1.5 and 1.6 set accommodation and reunion allowance for the Chief Executive Officer, Australian Aged Care Quality Agency.
8. Clause 1.7 sets the date of effect of Clauses 1.5 and 1.6.
PART 2 – PART-TIME OFFICES
9. Clause 2.1 specifies the Principal Determination (Number 8 of 2014 as amended) for the purposes of Part 2 of the Determination.
10. Clauses 2.2 to 2.5 set remuneration and additional loadings for the re-established offices of Chair and Members of Infrastructure Australia.
11. Clause 2.6 sets the date of effect of Clauses 2.2 to 2.5.
12. Clause 2.7 removes Clauses A9 and A14 which are no longer applicable as members of the CSIRO Board do not serve of the boards of subsidiaries/associated commercial enterprises and the Export Finance and Insurance Corporation, Alliance and Contingent Divestment Implementation Committee has ceased operation.
13. Clause 2.8 removes the Clause number from the Export Finance and Insurance Corporation entry.
14. Clause 2.9 sets remuneration for the Deputy Chair of the CSIRO and removes all reference to Clause A9.
15. Clause 2.10 removes all reference to the CSIRO – Advisory Committees as these Committees have ceased operation.
16. Clauses 2.11 to 2.13 set revised annual fees and daily rates for the National Competition Council, President and Councillors.
17. Clause 2.14 sets the date of effect of Clauses 2.11 to 2.13.
Authority: Subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, has issued a determination setting out remuneration and allowances for various public office holders, addressing the need for a formalised process to determine the pay and conditions for these roles. This determination aims to ensure that the remuneration and allowances are fair and consistent with the responsibilities and duties of the offices involved. The Remuneration Tribunal's authority to make such determinations is derived from the Act, which seeks to provide a transparent and accountable process for setting the pay of public office holders. The determination is made in accordance with the practice of consulting with relevant stakeholders and considers the policy objective of ensuring that remuneration is appropriate and commensurate with the roles and responsibilities of the office holders.
Scope and Application
The Remuneration Tribunal has issued a Determination 2014/19 under the Remuneration Tribunal Act 1973, setting out the remuneration and allowances for various public office holders, both full-time and part-time. The Tribunal made this determination after consulting in accordance with established practices. The determination applies to specific office holders within the Commonwealth and affects their remuneration and allowances. It includes provisions for the Chief Executive Officer of the re-established Infrastructure Australia and the Australian Aged Care Quality Agency, as well as part-time office holders such as the Chair and Members of Infrastructure Australia, the Deputy Chair of the CSIRO, and members of the National Competition Council. The changes made by this determination are effective as of specified dates detailed within the clauses. The scope of the Act is comprehensive, covering a wide range of office holders and their remuneration, but does not extend to persons or entities not specified within its terms.
Key Provisions
The Remuneration Tribunal has determined the remuneration and allowances for various office holders, as outlined in the Determination 2014/19. This determination specifies the remuneration for full-time and part-time office holders, including those such as the Chief Executive Officer of Infrastructure Australia and the Chair and Members of the same entity, as well as the Deputy Chair of the CSIRO. Clauses 1.1 to 1.7 in Part 1 relate to full-time offices, with Clause 1.1 referencing the Principal Determination (Number 12 of 2014 as amended), and Clauses 1.2 and 1.3 setting remuneration for the Chief Executive Officer of Infrastructure Australia, with Clause 1.4 specifying the date of effect. Similarly, Clauses 2.1 to 2.14 in Part 2 pertain to part-time offices, with Clause 2.1 referencing the Principal Determination (Number 8 of 2014 as amended), and Clauses 2.2 to 2.5 setting remuneration for the Chair and Members of Infrastructure Australia, with Clause 2.6 indicating the date of effect.
The Act imposes obligations on the Remuneration Tribunal to consult with relevant parties before making its determinations, ensuring that the remuneration and allowances are fair and reasonable. Additionally, the Act requires the Tribunal to review and update the determinations as necessary, which is evident from the amendments and removal of certain clauses that are no longer applicable due to changes in the operational status of some entities. The Tribunal must also ensure that any retrospective application of its determinations does not adversely affect the rights of any person, as stipulated in subsection 12(2) of the Legislative Instruments Act 2003.
There are no specific offences, penalties, or consequences for breach mentioned in the text. However, non-compliance with the Remuneration Tribunal’s determinations could potentially lead to disputes or legal challenges regarding the fairness and legality of the remuneration and allowances set for the office holders. Given that the Act does not outline specific penalties, any legal action would likely be based on general principles of administrative law and contract law, focusing on whether the Tribunal's process and decisions were lawful, reasonable, and procedurally fair.