Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2000 (No. 1) 2000 No. 334
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 334
(Issued by the authority of the Minister for Finance and Administration)
Remuneration Tribunal Act 1973
Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2000 (No. 1)
Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the GovernorGeneral may make Regulations for the purposes of this Act.
Subsection 5(2A) of the Act provides that one of the functions of the Remuneration Tribunal is to provide advice to employing bodies in relation to terms and conditions (including remuneration and allowances) on which principal executive offices (PEOs) are to be held.
Paragraph 3(4)(ra) specifies that a PEO can only be established by Regulation. Subsection 3(1) of the Act defines employing body as the entity declared by Regulation to be the employing body of the PEO.
The purpose of the new Regulations is to establish nine new PEOs.
The Remuneration Tribunal has established a PEO structure to enable a PEO and its employing body to negotiate, within parameters set by the Tribunal, productivity and work value increases in remuneration from one year to the next.
It is anticipated that statutory office holders or heads of other Commonwealth businesses will be declared a PEO where it is appropriate for their remuneration to be negotiated between themselves and their employing body.
The employing body will have the authority to set the remuneration for the designated PEO pursuant to Section 12C of the Act and within parameters established by the Remuneration Tribunal.
The new Regulations amend Schedule 1A to the Principal Regulations to add nine PEOs and to list the PEO's employing body.
There are currently eleven public offices declared as PEOs. It has not been necessary to declare an employing body for the eleven existing PEOs. An amendment to the relevant enabling legislation for each of these positions has allowed the Board or some other designated person(s) to determine the PEO's remuneration.
The new Regulations commenced on the date of Gazettal.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2000 (No. 1) were introduced to address the need for updating the structure of principal executive offices (PEOs) within the Commonwealth of Australia, as governed by the Remuneration Tribunal Act 1973. Enacted by the Parliament of Australia, these regulations were issued under the authority of the Minister for Finance and Administration to facilitate the establishment of new PEOs, thereby enabling the negotiation of remuneration and allowances for certain statutory office holders or heads of other Commonwealth businesses. The policy objective behind these amendments is to provide a structured framework for the Remuneration Tribunal to offer advice on terms and conditions, including remuneration, for principal executive offices, ensuring that these terms are appropriately negotiated within parameters set by the Tribunal. The Regulations, which commenced upon their gazettal, amend Schedule 1A of the Principal Regulations to incorporate nine new PEOs and their respective employing bodies, enhancing the existing framework that currently covers eleven public offices.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2000 (No. 1) amends the Remuneration Tribunal Act 1973 by establishing nine new principal executive offices (PEOs) and their corresponding employing bodies, thereby expanding the scope of the Act to include these new roles. This legislative amendment applies to the individuals or entities designated as PEOs and their respective employing bodies, which will have the authority to set remuneration for these positions within the parameters set by the Remuneration Tribunal. The Act and its amendments primarily apply to the Commonwealth jurisdiction, governing the remuneration of statutory office holders or heads of other Commonwealth businesses designated as PEOs. The new Regulations, which commenced on the date of Gazette, extend the application of the Act by adding these new PEOs to Schedule 1A of the Principal Regulations, thereby formalising the process through which their remuneration is determined. Notably, the existing eleven PEOs do not require a specific employing body declaration as their remuneration has been managed under amendments to their enabling legislation.
Key Provisions
The primary operative sections of the Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2000 (No. 1) relate to the establishment of new Principal Executive Offices (PEOs) under the Remuneration Tribunal Act 1973 (the Act). Section 13 of the Act authorises the Governor-General to make regulations for the purposes of the Act, and pursuant to this power, the new Regulations establish nine new PEOs. Subsection 5(2A) of the Act further provides that the Remuneration Tribunal has the function to advise employing bodies on terms and conditions, including remuneration and allowances, for PEOs. The new Regulations amend Schedule 1A of the Principal Regulations to list these new PEOs and their respective employing bodies, although it should be noted that employing bodies have not been declared for the existing eleven PEOs.
The Regulations impose specific obligations and requirements on the parties involved. The employing bodies, as defined by the Regulations, will have the authority to set the remuneration for the designated PEOs, subject to the parameters established by the Remuneration Tribunal under Section 12C of the Act. This authority allows for negotiations within certain limits, facilitating productivity and work value increases in remuneration from one year to the next. The Remuneration Tribunal will provide the necessary framework and parameters to ensure that these negotiations are conducted effectively and within the bounds of the legislation.
Failure to comply with the requirements of these Regulations may result in various civil and criminal consequences. Although the Regulations themselves do not explicitly state penalties for breaches, the broader Act and associated legislation provide for enforcement mechanisms. Breaches of the Act may result in civil penalties, including fines, as well as potential criminal charges. The specific penalties would depend on the nature and severity of the breach, and could include imprisonment and/or fines as prescribed by the relevant sections of the Act and other applicable legislation. It is essential for the employing bodies and PEOs to adhere to the terms set out in the Regulations to avoid these consequences.