Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 466
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 466
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 Governor-General may make regulations for the purposes of the Act.
Paragraph 3(4)(v) of the Act provides in part that a reference to a public office does not include a reference to an appointment which has been prescribed for the purposes of the paragraph.
Regulation 5 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) prescribes offices and appointments for the purposes of paragraph 3(4)(v) of the Act.
Under the Royal Commissions Act 1902 and other enabling powers, a person has been appointed as Commissioner to inquire separately into the administration of the Civil Aviation Authority, in connection with the appropriateness of certain actions by officers of the Authority in relation to the operations of Seaview Air and the implications of the findings therefrom for ensuring total propriety in air safety administration (the Inquiry).
The Inquiry was established an 25 October 1994 by Letters Patent, and Sir Laurence Street was appointed by commission to conduct the Inquiry. The Letters Patent required Sir Laurence to report on the Inquiry by 27 January 1995. It became clear that this report would not be finalised by that date and, for this reason, the period of the Inquiry has been extended until 31 May 1995.
Remuneration for Commissioners appointed under the Royal Commissions Act 1902 has in the past been established by different processes including determination by the Tribunal, or by the Government based on legal or consultancy fees. In this case it was proposed that remuneration for the Commissioner be determined by the Government.
Accordingly, the appointment of the Honourable James Staunton as a Commissioner, commencing on 3 January 1995, to inquire into matters relating to the operations of the Civil Aviation Authority in connection with certain operations of Seaview Air, has been prescribed for the purposes of paragraph 3(4)(v) of the Act.
The Regulations commenced on 3 January 1995.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 466, issued under the authority of the Minister for Industrial Relations, amends the Remuneration Tribunal (Miscellaneous Provisions) Regulations to address the specific issue of remuneration for a Commissioner appointed under the Royal Commissions Act 1902. This amendment responds to the need for a prescribed appointment, particularly for the Honourable James Staunton, who was appointed as a Commissioner on 3 January 1995 to investigate matters related to the operations of the Civil Aviation Authority concerning Seaview Air. The policy objective is to ensure that the remuneration for this Commissioner is determined by the Government, rather than by the Remuneration Tribunal, aligning with the established practices for such appointments. These regulations commenced on the same date as the appointment, 3 January 1995.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 466 pertains to the regulation of remuneration for specific public appointments under the Remuneration Tribunal Act 1973. This Act applies to individuals who are appointed to conduct inquiries or investigations under Commonwealth legislation, such as Royal Commissions. In this instance, the regulations specifically address the appointment of the Honourable James Staunton as a Commissioner to inquire into the operations of the Civil Aviation Authority in relation to Seaview Air, ensuring that his remuneration is prescribed under the Act. The scope of the Act is national, applying across the Commonwealth of Australia, and it affects individuals appointed to specific public inquiries. The regulations were amended to include this particular appointment, thereby excluding it from the general definition of public office remuneration as determined by the Remuneration Tribunal. The amendments commenced on 3 January 1995, the start date of the Commissioner's appointment.
Key Provisions
The primary operative sections of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 466 are those that modify existing regulations to accommodate the specific requirements of the Inquiry conducted by Sir Laurence Street and later by the Honourable James Staunton. Section 13 of the Remuneration Tribunal Act 1973 authorises the Governor-General to make regulations for the purposes of the Act, while paragraph 3(4)(v) of the Act excludes certain appointments from the definition of public office. Regulation 5 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations prescribes specific offices and appointments that fall within the scope of this exclusion.
These regulations impose specific obligations on the parties involved, notably the Government and the Remuneration Tribunal. For the Government, the key obligation is to determine the remuneration for the Commissioner appointed under the Royal Commissions Act 1902. This replaces the previous processes where remuneration was either determined by the Tribunal or based on legal or consultancy fees. The Remuneration Tribunal, in turn, must ensure that the prescribed remuneration for the Commissioner is in accordance with the regulations and that it adheres to the legislative framework established by the Act.
The Act does not explicitly state any specific offences, penalties, or consequences for breach within the explanatory statement provided. However, breaches of regulations made under the Remuneration Tribunal Act 1973 could potentially result in legal consequences. Under Australian administrative law, failure to comply with statutory regulations can lead to judicial review, where a court may quash the decision or direction if it finds it to be unlawful, irrational, or procedurally unfair. Additionally, if the regulations are meant to ensure proper remuneration practices, non-compliance could result in disputes over the legitimacy of payments made to the Commissioner, which may further lead to financial or reputational consequences for the parties involved. Although the explanatory statement does not detail specific penalties, it is clear that adherence to the regulations is crucial to avoid potential legal and administrative repercussions.