Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1993 No. 24
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 24
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 in part that a member of 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 a fee to be paid to a member of the Tribunal other than the Chairman.
Until now it has not been necessary to prescribe a fee for the Chairman, who was a Supreme Court Judge. The office is now to be held by a person for whom a fee needs to be prescribed.
Regulation 3 amends the Regulations by inserting a new regulation 4A providing that the annual fee payable to the Chairman is set at the rate of $42,500.
Regulation 1 provides that the Regulations would commence on 12 February 1993, the date of appointment of the new Chairman of the Tribunal.
Overview
The Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1993 No. 24, issued under the authority of the Minister for Industrial Relations, amends the Remuneration Tribunal (Members' Fees and Allowances) Regulations to address the need for a prescribed fee for the Chairman of the Remuneration Tribunal, a position previously held by a Supreme Court Judge for which no specific fee was necessary. This amendment to the Remuneration Tribunal Act 1973 arises from the change in the role of the Chairman to a position held by an individual who requires a defined remuneration package. The primary objective of this regulation is to ensure that the Chairman of the Tribunal receives a fair and consistent fee, aligning with the compensation structure of other members of the Tribunal. This legislative amendment was enacted to rectify a gap in the remuneration framework for the Tribunal's leadership, ensuring equitable treatment and proper recognition for the role.
Scope and Application
The Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1993 No. 24 applies to the members of the Remuneration Tribunal, specifically addressing the fees and allowances of its members. The primary focus of the Act is to adjust the remuneration regulations to account for the new Chairman of the Tribunal, who is no longer a Supreme Court Judge and thus requires a prescribed fee. This amendment ensures that the remuneration for the Chairman is explicitly defined and regulated, aligning with the statutory provisions outlined in the Remuneration Tribunal Act 1973. The changes introduced by these regulations are applicable nationally, as they pertain to a Commonwealth-established tribunal and its members, thereby extending across the entire jurisdiction of Australia. The regulations do not specify any exclusions or exemptions, and the prescribed fees are set at a specific rate to ensure consistency and clarity in remuneration. The application of these regulations is further detailed through subordinate instruments, which provide the necessary framework for the implementation and enforcement of the prescribed fees and allowances.
Key Provisions
The Remuneration Tribunal (Members' Fees and Allowances) Regulations (Amendment) 1993 No. 24, issued under the authority of the Minister for Industrial Relations, amends the existing regulations to set out new fees for the Chairman of the Remuneration Tribunal. Regulation 4A, introduced by Regulation 3, stipulates that the annual fee for the Chairman is set at $42,500, an adjustment from the previous arrangement where the Chairman, who was a Supreme Court Judge, did not receive a prescribed fee. This amendment aligns with the changes in the role, ensuring that the Chairman receives a specified remuneration similar to other members of the Tribunal.
These regulations impose specific obligations on the parties involved. Firstly, the Remuneration Tribunal must ensure that the Chairman is paid the stipulated annual fee of $42,500 as per Regulation 4A. Additionally, the relevant authorities must implement the payment of this fee, ensuring it is disbursed in accordance with the prescribed timelines and financial protocols. The regulations also necessitate that any changes to the remuneration of the Chairman or other members must be proposed and approved in a manner consistent with the legislative framework provided by the Remuneration Tribunal Act 1973.
Failure to comply with the requirements set out in these regulations may lead to various consequences. While the regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance, breaches of the Remuneration Tribunal Act 1973 or associated regulations could potentially result in legal actions. Such actions could include civil penalties, enforcement actions by the relevant tribunal or court, or other legal remedies available under Australian law. The maximum penalties for breaches of the Act or regulations would depend on the specific nature of the breach and the jurisdiction under which it is prosecuted.