Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1992 No. 193
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 193
(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 GovernorGeneral may make regulations for the purposes of the Act.
Section 12 of the Act provides that the part-time members of the Remuneration Tribunal (the Tribunal) shall be paid such fees and allowances as are prescribed. The Chairman of the Tribunal, being required to be a Judge of the Supreme Court of New South Wales, is not paid a fee. The fees of other members are prescribed in the Remuneration Tribunal (Members' Fees and Allowances) Regulations (the Regulations).
The practice has been to increase the annual rate of the fee by the same percentage amount and with the same date of effect as applied by the Tribunal itself in determining new rates for part-time public office-holders under its jurisdiction.
The Tribunal's Determination No 22 of 1991, made on 24 November 1991, increased fees for part-time office-holders by 2.5 per cent from 15 August 1991. Regulation 3 amends regulation 4 of the Regulations to increase the annual fee from $19,371 to 19,855 for members of the Tribunal.
Regulation 1 provides that this increase operates from 15 August 1991. The retrospective application of regulation 1 will not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.
The Regulations previously referred to 'members of the Remuneration Tribunal' in regulation 4. As the Regulations cover only members of that Tribunal, the words 'of the Remuneration Tribunal' have been omitted from regulation 4 as they were unnecessary.
Overview
The Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1992 No. 193, issued under the authority of the Minister for Industrial Relations, are amendments to the Remuneration Tribunal Act 1973. This legislation aims to update the fees and allowances prescribed for part-time members of the Remuneration Tribunal, ensuring they align with recent changes in fees for other part-time public office-holders. Section 12 of the Act mandates the payment of fees and allowances to part-time Tribunal members, excluding the Chairman who must be a Judge of the Supreme Court of New South Wales. The amendments were enacted to reflect the Tribunal's recent fee adjustment, as specified in Determination No 22 of 1991, which increased fees by 2.5 per cent effective from 15 August 1991. Consequently, the Regulations were updated to increase the annual fee for Tribunal members from $19,371 to $19,855, effective from the same date. This change was implemented to maintain consistency and fairness in remuneration across various public offices.
Scope and Application
The Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1992 No. 193 applies to the part-time members of the Remuneration Tribunal in New South Wales, excluding the Chairman who is a Judge of the Supreme Court of New South Wales and therefore not paid a fee. The Regulations are made under the authority of the Remuneration Tribunal Act 1973 and provide for the prescribed fees and allowances for these part-time members. The amendment to the Regulations increases the annual rate of the fee by 2.5%, aligning with the Tribunal's Determination No 22 of 1991, and adjusts the annual fee from $19,371 to $19,855. The application of the Regulations is limited to New South Wales, reflecting the state jurisdiction of the Tribunal. The Regulations also clarify that their retrospective application does not adversely affect the rights of any person, except the Commonwealth, nor does it impose any liability on such persons.
Key Provisions
The main operative sections of the Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1992 No. 193 are Sections 12 and 13 of the Remuneration Tribunal Act 1973, which allow for the prescription of fees and allowances for part-time members of the Tribunal, as well as the establishment of regulations by the Governor-General for the purposes of the Act. Regulation 3 of the Regulations specifically amends regulation 4 to increase the annual fee for members of the Tribunal from $19,371 to $19,855. This amendment is set to take effect from 15 August 1991, as per Regulation 1. It is important to note that this retrospective application will not adversely affect the rights of individuals (excluding the Commonwealth) nor impose any liability on them.
The obligations and requirements imposed by the Regulations are primarily focused on ensuring that part-time members of the Remuneration Tribunal receive appropriate fees and allowances as prescribed by the Act. This includes the obligation to adjust these fees and allowances in line with the Tribunal's determinations for other part-time public office-holders. Additionally, the Regulations require the omission of unnecessary words from regulation 4, specifically 'of the Remuneration Tribunal,' since the Regulations pertain exclusively to members of the Tribunal.
Offences and penalties under these Regulations are not explicitly stated, but the amendments aim to maintain fairness and consistency in remuneration practices within the Tribunal. Breaches of these Regulations could potentially lead to legal challenges regarding the fairness and legality of the fee adjustments. However, the explanatory statement assures that the retrospective application of these amendments will not prejudice the rights of individuals or impose any liability on them, thereby mitigating potential legal repercussions.
In summary, the Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1992 No. 193 primarily focus on updating the fees for part-time members of the Tribunal, ensuring they align with the Tribunal's determinations for other part-time office-holders. The Regulations impose clear obligations on the Tribunal to adjust fees in accordance with prescribed percentages and effective dates. While specific penalties for breaches are not detailed, the assurance provided in the explanatory statement aims to protect individuals from any prejudicial effects stemming from the amendments.