Remuneration Tribunal (Members' Fees and Allowances) Regulations 2004 2004 No. 321
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 321
Issued by the authority of the Minister for Employment and Workplace Relations
Remuneration Tribunal Act 1973
Remuneration Tribunal (Members' Fees and Allowances) Regulations 2004
The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as the body responsible for reporting on or determining the remuneration, including allowances and entitlements, of members of the Federal Parliament, the additional salary for Ministers and Parliamentary office holders and the remuneration of Judges of federal courts, most full-time and part-time holders of public offices and Principal Executive Offices.
The Tribunal advises boards and Ministers on the remuneration of Chief Executive Officers of certain Government Business Enterprises. It also advises Ministers on the remuneration of Heads of Executive Agencies and the Prime Minister on the remuneration of Secretaries of Departments.
Section 13 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.
Section 12 of the Act provides that a member of the Tribunal shall be paid such fees and allowances as prescribed. Under section 4 of the Act, the Governor-General appoints the three part-time members of the Tribunal, one of whom is also appointed as President of the Tribunal by the Governor-General.
The new Regulations provide for an increase in the fees payable to the President and other members of the Tribunal. The increases are in line with salary movements for other part-time public office holders. The fee adjustment is from $60,700 to $63,700 for the President and $29,300 to $30,800 for other members.
The Regulations also prescribe travelling allowances payable to members when travelling on official business by reference to determinations made under section 61 of the Public Service Act 1999. This Regulation does not affect allowances currently paid to a member of the Tribunal; rather it clarifies the exact allowances payable and identifies a single point of reference.
In anticipation of the commencement of the Legislative Instruments Act 2003 (LI Act), the Regulations also consolidate the Remuneration Tribunal (Members' Fees and Allowances) Regulations 1974 and associated amending regulations. Unless specifically exempted, the LI Act will require all legislative instruments, including regulations, to be placed on a central register. The Department of Employment and
Workplace Relations is preparing for the commencement of the LI Act by taking the opportunity to consolidate regulations to minimise the number which must be placed on the register.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations commenced on the date of their notification in the Gazette.
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Overview
The Remuneration Tribunal (Members' Fees and Allowances) Regulations 2004 were introduced to provide for the fees and allowances payable to the members of the Remuneration Tribunal, in line with the Remuneration Tribunal Act 1973. The Act was enacted to establish the Remuneration Tribunal as the body responsible for reporting on or determining the remuneration, including allowances and entitlements, of various public office holders and officials. The Regulations were issued under the authority of the Minister for Employment and Workplace Relations and aim to align the fees and allowances with salary movements for other part-time public office holders. These Regulations also clarify and consolidate the allowances payable to members of the Tribunal and incorporate changes in anticipation of the commencement of the Legislative Instruments Act 2003, which requires the registration of legislative instruments including regulations. The Regulations commenced on the date of their notification in the Gazette.
Scope and Application
The Remuneration Tribunal (Members' Fees and Allowances) Regulations 2004 apply to the part-time members of the Remuneration Tribunal, including its President, who are appointed by the Governor-General under the Remuneration Tribunal Act 1973. These Regulations prescribe the fees and allowances payable to the Tribunal's members, reflecting increases aligned with salary movements for other part-time public office holders, and also detail the travelling allowances members can claim when on official business. The Regulations are made pursuant to section 13 of the Act, which empowers the Governor-General to make regulations not inconsistent with the Act, and they serve to clarify and consolidate existing provisions to streamline the process under the forthcoming Legislative Instruments Act 2003. The application of these Regulations is limited to the prescribed fees and allowances of Tribunal members, with no specific exclusions or thresholds mentioned in the text. The Regulations commenced on the date of their notification in the Gazette and do not specify any conditions that need to be met before the power to make them may be exercised.
Key Provisions
The Remuneration Tribunal (Members' Fees and Allowances) Regulations 2004 (the Regulations) establish the fees and allowances for the President and other members of the Remuneration Tribunal as prescribed under section 12 of the Remuneration Tribunal Act 1973. Specifically, section 12 of the Act stipulates that the fees and allowances of the Tribunal members are to be prescribed by regulation, which the Regulations now define. For the President of the Tribunal, the fees have been adjusted from $60,700 to $63,700, and for other members, from $29,300 to $30,800, aligning these adjustments with salary movements for other part-time public office holders. The Regulations also set out the travelling allowances for members when they are on official business, referencing the determinations made under section 61 of the Public Service Act 1999.
The Regulations impose obligations on the Tribunal members to adhere to the prescribed fees and allowances. This includes ensuring that any claims for remuneration and allowances are in line with the stipulated amounts in the Regulations. Additionally, the Tribunal must ensure that any travelling expenses claimed are consistent with the allowances provided for in the Regulations. The Regulations also necessitate that the Department of Employment and Workplace Relations consolidates and updates the existing regulations to comply with the forthcoming Legislative Instruments Act 2003, which mandates the registration of legislative instruments on a central register.
There are no specific offences, penalties, or consequences outlined in the Regulations for breaches of the prescribed fees and allowances. However, non-compliance with the prescribed remuneration and allowances could potentially lead to administrative consequences or disputes regarding the validity of the claims made by the Tribunal members. It is important for the Tribunal members to ensure adherence to the prescribed amounts to avoid any such issues. The Regulations are in force from the date of their notification in the Gazette, and the Tribunal members must comply with these provisions from that date onwards.