Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024

Administered by Department of the Prime Minister and Cabinet

Legislation au F2024L01092 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Assistant Minister for the Public Service

 

Remuneration Tribunal Act 1973

 

Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024

PURPOSE AND OPERATION OF THE INSTRUMENT

The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as an independent statutory authority responsible for reporting on and determining the remuneration, allowances and entitlements of key Commonwealth office holders. These include members of the Parliament, Judges of Federal Courts and territory Supreme Courts, most full-time and part-time holders of public offices and principal executive offices, such as the Chief Executives of Commonwealth companies.

 

Section 17 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Under section 4 of the Act, the Tribunal consists of three Members appointed by the Governor-General on a part-time basis, one of whom is also appointed as President of the Tribunal. Section 12 of the Act provides that a member of the Tribunal shall be paid such fees and allowances as are prescribed.

 

The Remuneration Tribunal (Members’ Fees and Allowances) Regulation 2016 (the Principal Regulation) prescribes fees and allowances payable to Members of the Tribunal.

 

The Remuneration Tribunal (Members’ Fees and Allowances) Amendment Regulations 2024 (the 2024 Regulations) amends the Principle Regulation to reflect increases in remuneration in 2024 for other holders of public office.

 

The proposed Regulations would increase the Tribunal Members’ fees by 3.5 per cent effective on and from 1 July 2024. This results in the following increases to remuneration:

  • For the President – from $140,522 to $145,441 per annum.
  • For other Members – from $47,912 to $49,589 per annum.

 

The increases are consistent with trends in public and private sector remuneration rates in 2024. The increases would take place from 1 July 2024 to align with increases applicable to other Commonwealth public offices. The retrospective nature of the increase does not disadvantage anyone.

 

Details of the Regulations are included in Attachment A.

 

A Statement of Compatibility with Human Rights is included in Attachment B.

 

Commencement

The Regulations commence the day after the instrument is registered on the Federal Register of Legislation.

Consultation

The Tribunal Secretariat, staffed by Australian Public Service employees in the Australian Public Service Commission, was consulted on the proposal to increase the Tribunal Members’ fees. Members of the Tribunal were not consulted because this would not be appropriate given the Tribunal’s role as the Australian Government statutory authority with responsibility to determine, report on, or provide advice about remuneration, including for part-time holders of various public offices.

 

In considering the amount of the increases, the Department of the Prime Minister and Cabinet reviewed trends and market forces and had regard to general increases across the public sector and sources, such as the wage price index produced by the Australian Bureau of Statistics.

Regulatory Impact STATEMENT

An assessment was made under guidelines issued by the Office of Impact Analysis (OIA). The OIA advises that a detailed Impact Analysis is not required (OIA24-07826).

  

 


Attachment A

 

NOTES ON SECTIONS

 

Section 1 – Name

 

This section provides that the name of the instrument is the Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024.

 

Section 2 – Commencement

 

This section provides that the instrument commences the day after the instrument is registered.

 

Section 3 – Authority

 

This section provides that the Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024 is made under the Remuneration Tribunal Act 1973.

 

Section 4 – Schedules

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Section 6 sets out the fees payable to Members of the Remuneration Tribunal.

 

Item 1 – Subsection 6(2)

 

This item repeals subsection 6(2) which specifies fees payable to Members of the Remuneration Tribunal for the period between 1 July 2022 and 30 June 2023. References to fees payable for this period are no longer necessary.

 

Item 2 – Subsection 6(3)

 

This item substitutes text in subsection 6(3) to specify that fees payable to Members of the Remuneration Tribunal under the subsection apply until 30 June 2024. This has the effect of allowing new fees to be prescribed for the period on and after 1 July 2024.

 

Item 3 – At the end of section 6

 

This item adds a new subsection at the end of section 6 to specify fees payable for the period on and after 1 July 2024 are:

  • for the President – $145,441 per annum; and
  • for other Members – $49,589 per annum.


Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

This Disallowable Legislative Instrument amends the Remuneration Tribunal (Members Fees and Allowances) Regulation 2016 (the Principal Regulation). The Principal Regulation prescribes the fees and allowances of Members of the Remuneration Tribunal.

This Disallowable Legislative Instrument increases the fees for the Members of the Tribunal as follows:

 

  • For the period on or after 1 July 2024, the fees payable are:
    • for the President – $145,441 per annum; and
    • for other Members – $49,589 per annum.

 

Human rights implications

This Disallowable Legislative Instrument engages the right to the enjoyment of just and favourable conditions of work, which includes a right to fair wages and equal remuneration, in Article 7 of the International Covenant on Economic, Social and Cultural Rights. The Disallowable Legislative Instrument promotes the realisation of this right by increasing the respective fees of the Members of the Remuneration Tribunal.

 

Conclusion

This Disallowable Legislative Instrument is compatible with human rights because it promotes the right to the enjoyment of just and favourable conditions of work.

 

Overview

The Remuneration Tribunal Act 1973 was enacted to establish the Remuneration Tribunal as an independent statutory authority responsible for determining the remuneration, allowances, and entitlements of key Commonwealth office holders. This Act was introduced to address the need for a consistent and independent body to review and set the pay scales for high-ranking public officials, ensuring that their remuneration is fair and reflective of current market conditions. The Act was enacted by the Parliament of Australia, with the policy objective of maintaining fair and competitive remuneration for public office holders to attract and retain qualified individuals in these positions. In line with this objective, the Remuneration Tribunal (Members’ Fees and Allowances) Amendment Regulations 2024 were subsequently introduced to adjust the fees for Tribunal Members to reflect current remuneration trends. These amendments aim to ensure that the remuneration of Tribunal Members remains in line with other public sector increases, thereby upholding the integrity and effectiveness of the Tribunal's work.

Scope and Application

The Remuneration Tribunal Act 1973 applies to the remuneration, allowances, and entitlements of key Commonwealth office holders, including members of the Parliament, Judges of Federal Courts and territory Supreme Courts, and most full-time and part-time holders of public offices and principal executive offices, such as the Chief Executives of Commonwealth companies. The Act is applicable across the Commonwealth of Australia, establishing the Remuneration Tribunal as an independent statutory authority responsible for determining these remuneration-related matters. The Act allows for the creation of subordinate regulations to prescribe specific matters related to the remuneration and allowances of the Tribunal Members, such as fees and allowances, with the Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024 serving as an example of such an instrument. These regulations are made under section 17 of the Act and are not inconsistent with it, focusing on ensuring that the remuneration for Tribunal Members remains in line with trends in public and private sector remuneration rates. The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024 specifically address the fees payable to the Members of the Tribunal, with the President's fees set to increase from $140,522 to $145,441 per annum, and other Members' fees from $47,912 to $49,589 per annum, effective from 1 July 2024. This adjustment aligns with broader increases in public sector remuneration. The Regulations are designed to ensure the remuneration for Tribunal Members is consistent with market forces and trends, taking into account sources such as the wage price index produced by the Australian Bureau of Statistics. These Regulations do not apply to any other categories of remuneration or allowances not explicitly mentioned, and their operation is confined to the Commonwealth of Australia, with no stated exclusions or exemptions.

Key Provisions

The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2024 ((2024 Regulations) amends the Remuneration Tribunal (Members' Fees and Allowances) Regulation 2016 (Principal Regulation) to update the fees and allowances for Members of the Tribunal (sections 2 and 4). Effective from 1 July 2024, the President of the Tribunal will receive an annual fee of $145,441, while other Members will receive $49,589 per annum (Schedule 1, Item 3). These amendments reflect the need to align the remuneration of Tribunal Members with trends in public and private sector remuneration rates. The 2024 Regulations are designed to ensure the fees are consistent with general increases across the public sector and are reflective of market forces, such as the wage price index produced by the Australian Bureau of Statistics. The 2024 Regulations impose obligations on the Tribunal Members to accept the updated fees as prescribed in the amended Principal Regulation. Specifically, the President and other Members must be compensated in accordance with the new rates from 1 July 2024. These changes are intended to maintain parity with remuneration levels for other key Commonwealth office holders, ensuring the Tribunal can continue to function effectively without undue financial burden on the members. The changes also ensure the Tribunal Members are fairly compensated for their part-time service, reflecting the importance of their roles in determining remuneration for various public offices. There are no specific offences or penalties outlined in the 2024 Regulations for breach of the updated remuneration rates. However, the Regulations are made under the authority of the Remuneration Tribunal Act 1973, and any failure to comply with the Act or the Regulations could potentially lead to legal consequences. This could include actions for enforcement or penalties as prescribed under the primary Act, although the specific penalties are not detailed in the 2024 Regulations. The compatibility of these Regulations with human rights is affirmed, promoting the right to just and favourable conditions of work by ensuring fair compensation for the Members of the Tribunal.

Legal classification tags

Area of Law
Public Service Law
Instrument
Regulation
Concepts
Commencement Provisions
Fees and Allowances
Regulatory Impact
Catchwords
Fees payable to Members of the Remuneration Tribunal

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.