Overview

The Remuneration and Allowances for Holders of Public Office and Official Travel by Office Holders Determination 2016 was enacted to address issues related to the remuneration and allowances for certain office holders and their travel-related expenses. This determination was issued by the Remuneration Tribunal, which was established under the Remuneration Tribunal Act 1973 to ensure that remuneration and allowances for office holders are reviewed and set appropriately. The primary policy objective of this determination is to provide a fair and transparent framework for setting the remuneration and allowances for public office holders, taking into account their roles and responsibilities. The determination also seeks to standardise and simplify the travel allowance provisions for office holders, thereby ensuring consistency and efficiency in the application of these allowances.

Scope and Application

The Determination 2016/05, made under the Remuneration Tribunal Act 1973, pertains to the remuneration and allowances for specific holders of public office, as well as the official travel allowances for office holders. This determination applies to both full-time and part-time office holders, including the Administrator of Norfolk Island, the Inspector-General of Biosecurity, and office holders associated with the National Disability Insurance Scheme Launch Transition Agency. The Remuneration Tribunal, empowered by the 1973 Act, made these determinations following consultations in accordance with established practices. Importantly, any retrospective application of these determinations does not adversely affect the rights of individuals, other than the Commonwealth or its authorities, and does not impose any new liabilities on such individuals, in line with subsection 12(2) of the Legislation Act 2003. This jurisdictional reach covers the Commonwealth, ensuring that the provisions of this determination are applied uniformly across relevant office holders within the federal sphere.

Key Provisions

The Determination (Number 5 of 2016) specifies the remuneration and significantly related matters for certain office holders, as empowered by the Remuneration Tribunal Act 1973. For full-time offices, Clause 1.1 refers to the Principal Determination (Number 21 of 2015 as amended) under Part 1. Clause 1.2 increases the remuneration for the Administrator of Norfolk Island, with the commencement date set by Clause 1.3. For part-time offices, Clause 2.1 refers to the Principal Determination (Number 20 of 2015 as amended) under Part 2. Clauses 2.2 and 2.3 set the remuneration and daily fee cap for the new office of Inspector-General of Biosecurity, with the commencement date set by Clause 2.4. Clauses 2.5 and 2.6 adjust the remuneration for the offices of the National Disability Insurance Scheme Launch Transition Agency, removing a remuneration loading during the initial establishment period and maintaining remuneration for existing office holders who previously received the establishment loading, with the commencement date set by Clause 2.7. Under Part 3, Clause 3.1 refers to the Principal Determination (Number 11 of 2015). Clauses 3.2 and 3.3 amend the motor vehicle allowance provisions by replacing the previous three cents per kilometre rates with a single motor vehicle rate of 66 cents per kilometre, with the commencement date set by Clause 3.4. The Act imposes specific obligations on the parties it governs, including the Remuneration Tribunal, to determine and specify the remuneration for office holders. It mandates that any retrospective application of the determination does not affect the rights of a person to their disadvantage, nor does it impose any liability on such a person, in accordance with subsection 12(2) of the Legislation Act 2003. The Tribunal must inform itself through consultation in accordance with established practice, as stated in the explanatory statement. Breaches of the provisions set out in the Determination could lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed within the text of the Determination itself. The Remuneration Tribunal Act 1973 would likely contain provisions regarding penalties for non-compliance, but these are not specified within the provided text. The maximum penalties for any related offences would be defined in the primary legislation that governs the Remuneration Tribunal's operations.