Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1994 No. 159
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 159
Issued by the Authority of the Minister for Industrial Relations
Remuneration Tribunal Act 1973
Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment)
Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 12 of the Act provides in part that a member of the Remuneration Tribunal (the Tribunal) is to be paid such fees and allowances as are prescribed.
Regulation 4 of the Remuneration Tribunal (Members Fees and Allowances) Regulations (the Regulations) prescribes an annual fee to be paid to a member of the Tribunal.
Regulation 4A had prescribed a fee to be paid to the Chairman of the Tribunal.
It was appropriate to adjust the annual fees paid to members of the Tribunal, in line with increases determined by the Tribunal for other statutory public office holders in May and December 1993.
It has also been necessary to amend a reference in the Regulations to 'the Chairman' to 'the President' of the Tribunal. This reflects the same amendment to the Act made by the Industrial Relations and other Legislation Amendment Act 1993.
Regulation 2 amends regulation 4 of the Regulations by omitting the annual fee payable to the members of the Tribunal, other than the Chairman, and prescibing new fees for the President and members of the Tribunal.
Regulation 3 omits regulation 4A of the Regulations, as the regulation was no longer needed.
Overview
The Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1994 No. 159 was enacted to adjust the fees and allowances for members of the Remuneration Tribunal, aligning them with the increases determined for other statutory public office holders. The Remuneration Tribunal Act 1973 established the framework for the tribunal and its members' remuneration. This amendment was issued under the authority of the Minister for Industrial Relations, reflecting the legislative intent to ensure that the fees paid to tribunal members remain consistent with those of other public office holders and to update the terminology from 'Chairman' to 'President' in accordance with the Industrial Relations and other Legislation Amendment Act 1993. The objective was to maintain fair and updated remuneration practices for the Tribunal members, ensuring they are adequately compensated for their roles.
Scope and Application
The Remuneration Tribunal (Members’ Fees and Allowances) Regulations (Amendment) 1994 No. 159 applies to the members of the Remuneration Tribunal, including the President and other members, under the authority of the Remuneration Tribunal Act 1973. The Act pertains to the Commonwealth of Australia, setting out the terms and conditions of remuneration for members of the Tribunal. The Regulations were amended to adjust the annual fees paid to members of the Tribunal in accordance with the increases for other statutory public office holders, as well as to reflect the change in the title of the Tribunal's highest-ranking member from 'Chairman' to 'President'. The amendment involved omitting the existing annual fee for Tribunal members other than the Chairman and prescribing new fees for the President and other members, as well as removing the now-superseded regulation 4A. The Regulations extend the application of the Act by specifying detailed allowances and fees, subject to the overarching provisions of the principal Act.
Key Provisions
The Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1994 No. 159 modifies the Remuneration Tribunal (Members' Fees and Allowances) Regulations, which were originally established under section 13 of the Remuneration Tribunal Act 1973. Section 12 of the Act stipulates that members of the Remuneration Tribunal are to be compensated with fees and allowances as prescribed by regulations. Regulation 4 of the original Regulations set an annual fee for Tribunal members, while regulation 4A set a fee specifically for the Chairman of the Tribunal. The amendments made by this legislation adjust these fees to align with increases for other statutory public office holders and update the title from 'Chairman' to 'President' to reflect a change in the Remuneration Tribunal Act made by the Industrial Relations and other Legislation Amendment Act 1993.
The Regulations impose specific obligations on the parties involved. The new fees prescribed in Regulation 2 must be paid to the President and members of the Tribunal in accordance with the amended provisions. This change ensures that compensation for Tribunal members is updated and consistent with changes for other public office holders. Additionally, the amendment in Regulation 3 to omit regulation 4A removes an outdated reference, streamlining the Regulations and ensuring they accurately reflect the current structure of the Tribunal.
Failure to comply with the requirements set forth in these Regulations could lead to legal repercussions. While the specific consequences are not detailed in the Explanatory Statement, breaches of regulations often result in penalties under the relevant Acts or Regulations. The Remuneration Tribunal Act 1973 and the Industrial Relations and other Legislation Amendment Act 1993 may provide for penalties or consequences for non-compliance, although these are not explicitly stated in the Explanatory Statement. In general, penalties for breaching regulations can include fines or other civil or administrative sanctions, depending on the severity and nature of the breach.