Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1992 No. 98
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 98
(Issued by the Authority of the Minister for Industrial Relations)
Remuneration Tribunal Act 1973
Remuneration Tribunal (Miscellaneous Provisions) 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.
Subsection 7(11) of the Act provides that, except as prescribed or authorised or approved by or under legislation, a person holds an office or appointment or is otherwise employed on a full-time basis by the Commonwealth or the Administration of a Territory or by certain other bodies, is not entitled to be paid remuneration for performing the duties of a public office held on a part-time basis.
Regulation 6 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations prescribes for the purposes of subsection 7(11) of the Act, those part-time offices the holders of which are entitled to be paid remuneration, as determined by the Remuneration Tribunal.
An unattached officer of the Australian Public Service who is currently employed by the Great Barrier Reef Marine Park Authority, was appointed as a part-time member of the Council of the National Museum of Australia (the Council) effective from 23 August 1991.
The amendment to the Regulations enables the full-time employee to be paid for his parttime service as a member of the Council.
The amendment to the Regulations commenced on 23 August 1991.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1992 No. 98 were enacted under the authority of the Minister for Industrial Relations to amend the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1973, which themselves were made under the Remuneration Tribunal Act 1973. This legislative amendment addresses a gap in remuneration entitlements for part-time public office holders who are also employed on a full-time basis by Commonwealth bodies or other specified entities, as outlined in the Act. The primary policy objective of this amendment was to ensure that a specific unattached officer of the Australian Public Service, employed by the Great Barrier Reef Marine Park Authority but appointed as a part-time member of the Council of the National Museum of Australia, would be entitled to remuneration for their part-time service on the Council, effective from 23 August 1991. This legislative change ensures alignment with the remuneration provisions outlined in the Act, thereby providing clarity and fairness in the payment of part-time public office duties.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1992 No. 98 applies to the holders of part-time offices within the Commonwealth or the Administration of a Territory, as well as those employed by specific bodies on a full-time basis. The amendment to these regulations, issued under the authority of the Minister for Industrial Relations, is aimed at ensuring that an individual who is a full-time employee, such as an unattached officer of the Australian Public Service, can be remunerated for their part-time service in a designated council or similar body. This regulation specifically addresses the eligibility of such individuals for remuneration as determined by the Remuneration Tribunal, thereby extending the application of the Remuneration Tribunal Act 1973 to cover previously excluded part-time roles. The amendment commenced on 23 August 1991, ensuring that the changes were effective from the date of the individual's appointment to the Council of the National Museum of Australia.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1992 No. 98, pursuant to section 13 of the Remuneration Tribunal Act 1973, specifies the conditions under which a person holding an office on a part-time basis may be entitled to remuneration. Regulation 6, which is amended by this instrument, outlines the part-time offices eligible for remuneration as determined by the Remuneration Tribunal. This amendment ensures that the part-time officeholder in question, who is an unattached officer of the Australian Public Service employed by the Great Barrier Reef Marine Park Authority, can receive remuneration for their service on the Council of the National Museum of Australia, effective from 23 August 1991.
The Regulations impose obligations on the Remuneration Tribunal to determine which part-time offices are eligible for remuneration. This includes reviewing the duties and nature of the office and ensuring that the remuneration is appropriate based on these factors. The Regulations also require the relevant authorities to ensure that any part-time officeholders who qualify under Regulation 6 are compensated accordingly. Additionally, the amendments necessitate that any payments made to eligible part-time officeholders comply with the stipulated provisions, ensuring that the remuneration is not in conflict with any existing legislation or regulations governing full-time employment.
Breach of the provisions outlined in these Regulations can result in civil or criminal consequences. Although the specific penalties are not detailed in the Explanatory Statement, the Remuneration Tribunal Act 1973 generally provides for penalties that may include fines or other sanctions for non-compliance with the Act and its subsidiary regulations. These penalties serve to enforce the proper administration of remuneration for part-time officeholders and maintain the integrity of the public service remuneration system.