Explanatory Statement: Determination 2014/21:
Remuneration and Allowances for Holders of Public Office including Principal Executive Office – Classification Structure and Terms and Conditions
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 3 – PRINCIPAL EXECUTIVE OFFICE – CLASSIFICATION STRUCTURE AND TERMS AND CONDITIONS
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 remove all reference to special remuneration arrangements applying to the former Administrator of Christmas and Cocos (Keeling) Islands.
6. Clause 1.4 sets reunion allowance for the Administrator of Christmas Island and Cocos (Keeling) Islands.
7 Clause 1.5 sets the date of effect of Clause 1.4.
PART 2 – PART-TIME OFFICES
8. Clause 2.1 specifies the Principal Determination (Number 08 of 2014 as amended) for the purposes of Part 2 of the Determination.
9. Clause 2.2 removes all reference to the Regional Development Australia Fund Advisory Panel. This Panel has been terminated.
10. Clause 2.3 sets increased remuneration for the Chair and Council of the Australian Institute of Aboriginal and Torres Strait Islander Studies.
11. Clause 2.4 sets remuneration for the offices of Chair and Members of the
Uluru – Kata Tjuta, Kakadu and Booderee Boards of Management.
12. Clause 2.5 sets the date of effect of Clause 2.4
PART 3 – PRINCIPAL EXECUTIVE OFFICE – CLASSIFICATION STRUCTURE AND TERMS AND CONDITIONS
13. Clause 3.1 specifies the Principal Determination (Number 9 of 2013) for the purposes of Part 3 of the Determination.
14. Clauses 3.2 and 3.3 set revised arrangements for compensation for loss of office provisions, and specifically excludes APS employees who are able to resume their APS employment.
Authority: Subsections 7(3), 7(4) and 5(2A) of the Remuneration Tribunal Act 1973.
Overview
The Determination 2014/21, issued under the authority of the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for various public office holders in Australia, including those in full-time and part-time offices and principal executive offices. Enacted by the Remuneration Tribunal, this legislation aims to ensure that the remuneration of office holders is reviewed and adjusted in accordance with established practices and legislative requirements. The policy objective is to maintain a fair and competitive remuneration structure that reflects the responsibilities and duties of the offices involved, while also considering the broader economic and fiscal context. The determination does not disadvantage any person other than the Commonwealth or its authorities, and any retrospective application is in compliance with the Legislative Instruments Act 2003.
Scope and Application
This determination by the Remuneration Tribunal sets out the remuneration and related matters for various office holders within the Commonwealth of Australia. It applies to full-time and part-time office holders, as well as principal executive officers, and the determinations are made in accordance with the powers conferred by the Remuneration Tribunal Act 1973. The determinations include setting specific remuneration for the Administrator of Christmas Island and Cocos (Keeling) Islands, increased remuneration for the Chair and Council of the Australian Institute of Aboriginal and Torres Strait Islander Studies, and remuneration for the offices of Chair and Members of the Uluru – Kata Tjuta, Kakadu and Booderee Boards of Management. Additionally, the determinations revise arrangements for compensation for loss of office provisions, specifically excluding APS employees who are able to resume their APS employment. The application of this determination can be extended or restricted through subordinate instruments as authorised by the Remuneration Tribunal Act 1973.
Key Provisions
The Determination 2014/21 outlines the remuneration and allowances for various office holders, as determined by the Remuneration Tribunal. Section 4 specifies the Principal Determination (Number 12 of 2014 as amended) for full-time offices, with Clause 1.2 and 1.3 removing references to special remuneration arrangements for the former Administrator of Christmas and Cocos (Keeling) Islands. Section 6 establishes a reunion allowance for the Administrator of Christmas Island and Cocos (Keeling) Islands, effective from the date specified in Clause 1.5. For part-time offices, Section 8 refers to the Principal Determination (Number 08 of 2014 as amended), with Clause 2.2 removing references to the terminated Regional Development Australia Fund Advisory Panel. Clause 2.3 and 2.4 set increased remuneration for the Chair and Council of the Australian Institute of Aboriginal and Torres Strait Islander Studies and the Uluru – Kata Tjuta, Kakadu and Booderee Boards of Management respectively, with these changes taking effect from the date specified in Clause 2.5. Part 3 of the Determination, governed by the Principal Determination (Number 9 of 2013), revises compensation for loss of office provisions, specifically excluding APS employees who can resume their APS employment as per Clauses 3.2 and 3.3.
The Determination imposes several obligations on the parties it governs. Firstly, it requires the office holders to adhere to the specified remuneration and allowances as outlined in the Determination. Additionally, it mandates that any changes or amendments to these provisions be communicated and implemented in accordance with the terms set out in the relevant clauses. Furthermore, the Determination requires that the Tribunal consult with relevant stakeholders in the process of making its determinations, as indicated in the Explanatory Statement. These obligations are designed to ensure that the remuneration and allowances are fair, transparent, and in line with established practices.
Breach of the provisions outlined in the Determination may result in various consequences. While the Determination itself does not explicitly state offences or penalties, the Remuneration Tribunal Act 1973 under which the Tribunal operates may provide for such consequences. The Act empowers the Tribunal to make determinations regarding remuneration and allowances, and any failure to comply with these determinations could potentially lead to legal action or other repercussions as prescribed by the relevant legislation. It is essential for the office holders and relevant parties to adhere to the provisions set out in the Determination to avoid any potential consequences.