EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 339
Issued by the authority of the Minister for Employment and Workplace Relations
Remuneration Tribunal Act 1973
Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2009 (No. 1)
The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as an independent statutory authority responsible for reporting on and determining the remuneration, allowances and entitlements of key Commonwealth Government office holders. These include members of the Parliament, Judges of Federal Courts, most full-time and part-time holders of ‘public offices’ and principal executive offices.
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.
The Regulations remove the appointment of a person under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Offshore Petroleum Act) to conduct a Commission of inquiry into matters relating to a significant offshore petroleum incident or a significant offshore greenhouse gas incident from the jurisdiction of the Remuneration Tribunal, with the effect that the Tribunal does not determine the commissioner’s remuneration.
Subsection 3(4) of the Act defines ‘public office’, an expression that would ordinarily include a commissioner. Subsection 3(4) also lists a number of offices or appointments which are not to be treated as ‘public offices’. In particular, paragraph 3(4)(v) of the Act provides in part that a reference to a ‘public office’ does not include an office or appointment which has been prescribed for the purposes of the paragraph – thereby removing designated appointments from the jurisdiction of the Tribunal.
Regulation 5 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 (the Principal Regulations) prescribes offices and appointments for the purposes of paragraph 3(4)(v) of the Act. Amendments have previously been made to the Principal Regulations to exclude Royal Commissioners appointed by Letters Patent and other office holders with powers analogous to those of a Royal Commissioner, such as the person appointed as the commissioner inquiring into the equine influenza, from the Tribunal’s jurisdiction. As a person appointed to conduct a Commission of inquiry under the Offshore Petroleum Act will have the powers of a royal commissioner this appointment is also excluded from the Tribunal’s jurisdiction.
The Regulations also delete references to appointments that are no longer active.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments
Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
The Regulations have no compliance cost to business or impact on business and individuals or the economy.
The Remuneration Tribunal Secretariat and the Attorney General’s Department were consulted on the making of the Regulations.
Overview
The Remuneration Tribunal Act 1973 was enacted to establish the Remuneration Tribunal as an independent statutory authority responsible for reporting on and determining the remuneration, allowances, and entitlements of key Commonwealth Government office holders. The Act addresses the need for an independent body to ensure that the remuneration of these office holders is set appropriately and is not subject to political influence. The Minister for Employment and Workplace Relations issued the Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2009 (No. 1) under the authority of the Act to make necessary adjustments, particularly regarding the remuneration of commissioners appointed under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to conduct inquiries into significant offshore incidents. These amendments exclude such commissioners from the jurisdiction of the Remuneration Tribunal, thereby ensuring that their remuneration is not determined by the Tribunal. The Regulations aim to streamline the administration of remuneration for these specific office holders while maintaining the integrity and independence of the Tribunal's role.
Scope and Application
The Remuneration Tribunal Act 1973 pertains to the Remuneration Tribunal, an independent statutory authority responsible for determining the remuneration, allowances and entitlements of key Commonwealth Government office holders. These include members of the Parliament, Judges of Federal Courts, most full-time and part-time holders of ‘public offices’ and principal executive offices. The Act’s scope is further defined by the Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2009 (No. 1), which excludes from the Tribunal’s jurisdiction the appointment of a person under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to conduct a Commission of inquiry into matters relating to a significant offshore petroleum incident or a significant offshore greenhouse gas incident, thereby ensuring the Tribunal does not determine the commissioner’s remuneration. This exclusion is due to the powers of such a commissioner being analogous to those of a Royal Commissioner, which have previously been removed from the Tribunal’s jurisdiction. The Regulations also serve to delete references to appointments that are no longer active, refining the applicability of the Act. These Regulations are subsidiary to the primary Act and are designed to carry out or give effect to the Act without inconsistency, as per section 13 of the Act.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Amendment Regulations 2009 (No. 1) amend the existing Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 by excluding certain appointments from the jurisdiction of the Remuneration Tribunal (section 3). Specifically, the Regulations remove the appointment of a person under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to conduct a Commission of inquiry into matters relating to a significant offshore petroleum incident or a significant offshore greenhouse gas incident from the Tribunal's jurisdiction (Regulation 3). This amendment means that the Tribunal will no longer determine the remuneration of commissioners appointed under the Offshore Petroleum Act to conduct inquiries into significant offshore incidents.
The Regulations impose a clear obligation on the Tribunal to refrain from determining the remuneration of commissioners appointed under the Offshore Petroleum Act (section 3). The Act and these Regulations establish the Tribunal's role in determining the remuneration of various public office holders, and this amendment ensures that certain designated appointments are excluded from this scope. This exclusion is necessary to align with the specific powers and responsibilities of commissioners appointed under the Offshore Petroleum Act, who hold powers analogous to those of a Royal Commissioner.
There are no specific offences, penalties, or consequences outlined in the Regulations for breach of these provisions. However, failure to comply with the determinations of the Tribunal regarding remuneration could potentially lead to legal challenges or disputes. The primary consequence of non-compliance would be the improper determination of remuneration for the specified commissioners, which could be rectified through judicial review or other legal means. The Regulations themselves do not specify any maximum penalties for non-compliance, but any resulting disputes would be subject to the relevant legal frameworks governing the Tribunal's decisions and the enforcement of its determinations.