Overview

The Remuneration and Allowances for Holders of Public Office Determination 2015/02 was enacted in 2015 under the authority of the Remuneration Tribunal Act 1973 by the Remuneration Tribunal. This determination was introduced to address the need for updated remuneration and allowances for certain office holders, ensuring that their compensation aligns with the responsibilities and expectations of their roles. The policy objective, as outlined in the explanatory statement, is to provide clarity and consistency in the remuneration for full-time and part-time office holders, as well as to correct previous errors and reflect changes in roles and appointments. The determination was made through consultation in accordance with established practice, ensuring that it does not adversely affect the rights of any person other than the Commonwealth or its authorities, nor does it impose any liabilities on such persons.

Scope and Application

The Determination 2015/02, made under the Remuneration Tribunal Act 1973, applies to the remuneration and allowances of certain office holders in Australia, both full-time and part-time. The determinations cover the remuneration for full-time office holders, as outlined in Part 1, and part-time office holders, as outlined in Part 2. This legislation specifically pertains to the roles of the Australian Commission for Law Enforcement Integrity, the Productivity Commission, and CrimTrac, among others, ensuring that their remuneration and allowances are set in accordance with the provisions of the Act. The geographic reach of this Act is national, as it applies to various federal offices across Australia. The determination does not specify any exclusions or thresholds within its text but extends its application through subordinate instruments to ensure comprehensive coverage of relevant office holders. The Act does not disadvantage any person other than the Commonwealth or an authority of the Commonwealth and does not impose any liability on such persons.

Key Provisions

The Determination 2015/02 issued under the Remuneration Tribunal Act 1973 sets forth specific remuneration and allowances for certain office holders, both full-time and part-time. Clause 1.1 references the Principal Determination (Number 12 of 2014 as amended) to establish the basis for remuneration for full-time offices (section 4). Clause 1.2 corrects the name of the Australian Commission for Law Enforcement Integrity and removes the post nominal of Mr Michael Griffin, ensuring accuracy in official documentation (section 5). Clause 1.3 and 1.4 adjust the title of Ms Scott from Commissioner to Deputy Chair of the Productivity Commission, reflecting her new role (section 6 and 7). Clause 1.5 specifies the effective date for these amendments, ensuring clarity on when the changes take effect (section 7). Additionally, Clause 1.6 introduces an accommodation allowance for the incoming Chief Executive Officer of CrimTrac, detailing financial provisions for this role (section 8). Clause 1.7 sets the effective date for the allowance specified in Clause 1.6 (section 7). The obligations imposed by this Act require office holders to adhere to the remuneration and allowance structures as determined. This includes ensuring that any changes in titles or roles, such as the transition of Ms Scott's role from Commissioner to Deputy Chair, are accurately reflected in official records (section 6 and 7). Office holders must also comply with the new allowances specified, such as the accommodation allowance for the Chief Executive Officer of CrimTrac (section 8 and 7). The Remuneration Tribunal's authority to consult and make these determinations is underscored by its established practice, ensuring that the adjustments are well-informed and justified. Failure to comply with the provisions of this Determination may result in legal consequences. While the Act does not explicitly list penalties for non-compliance, the Remuneration Tribunal Act 1973 provides a framework under which breaches can be addressed. The Legislative Instruments Act 2003 ensures that any retrospective application of this determination does not adversely affect individuals' rights or impose liability, provided it aligns with subsection 12(2) (section 3). However, the determinations made are binding, and non-compliance could potentially lead to legal action under the broader legislative framework governing public office remuneration.