EXPLANATORY STATEMENT
Statutory Rules 1990 No. 439
Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Under section 13 of the Remuneration Tribunal Act 1973 (the Act) the Governor-General 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 legislation, a person employed on a full-time basis (a full-time employee) of 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 (the 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.
It is proposed to prescribe that the person who is employed on a full-time basis as Special Adviser to the Minister for Land Transport and who also holds a part-time office with the Civil Aviation Authority is entitled to be paid remuneration for the part-time office.
Under the relevant instrument of appointment to the full-time position as Special Adviser the remuneration received by the person holding that position is to be reduced by the amount of remuneration received in relation to any part-time office also held by that person.
The effect of the proposed Regulation will be to ensure that remuneration is divided between the two offices held by the person, and will reflect the relative time spent on performance of duties of each of the offices.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1996 were enacted to address the need for clarification and regulation concerning the payment of remuneration for part-time offices held by individuals employed on a full-time basis by the Commonwealth or a Territory Administration, as well as certain other bodies. This amendment was introduced to rectify a gap in the existing Remuneration Tribunal Act 1973, specifically to ensure that remuneration is appropriately allocated between full-time and part-time positions held concurrently by the same individual. The amendment was issued by the Authority of the Minister for Industrial Relations and follows the legislative framework set out in section 13 of the Remuneration Tribunal Act 1973. The policy objective of this amendment is to provide explicit guidelines on the remuneration for part-time offices held by full-time employees, ensuring a fair and balanced distribution of remuneration that reflects the relative time and duties associated with each office.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1990 applies to full-time employees of the Commonwealth or the Administration of a Territory, as well as certain other bodies, who may also hold a part-time office. These regulations are made under the authority of the Minister for Industrial Relations and provide specific provisions regarding the remuneration of such individuals. The amendment in question pertains to the entitlement of a full-time employee who serves as a Special Adviser to the Minister for Land Transport and concurrently holds a part-time office with the Civil Aviation Authority. According to the Act, unless explicitly prescribed or authorised by legislation, full-time employees are not entitled to receive remuneration for performing duties of a part-time office. However, the proposed regulation seeks to prescribe that the Special Adviser in question is entitled to be paid for their part-time office, with the remuneration for the full-time position being reduced by the amount received for the part-time role, in line with the time spent on each office's duties. This regulation aims to ensure that the remuneration is proportionately divided between the two offices held by the person.
Key Provisions
The main operative sections of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) are concerned with the remuneration of full-time employees who also hold part-time offices. Specifically, Regulation 6 is being amended to allow for the remuneration of a full-time employee who is also a Special Adviser to the Minister for Land Transport and holds a part-time office with the Civil Aviation Authority (paragraph (1)). This amendment ensures that the remuneration for the part-time office is calculated based on the time spent on the duties of each office, and the remuneration for the full-time position is adjusted accordingly (paragraph (2)).
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) imposes specific obligations on the entities it governs. Firstly, it mandates that the remuneration for the part-time office be determined by the Remuneration Tribunal, ensuring that it reflects the duties performed. Secondly, it requires the remuneration for the full-time position to be reduced by the amount of remuneration received for the part-time office, ensuring that the total remuneration does not exceed what would be received for a full-time position alone (Regulation 6). These provisions ensure that the remuneration for both positions is fair and proportionate to the duties performed.
Failure to comply with the Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) may result in civil or criminal consequences. Although the specific penalties are not outlined in the explanatory statement, under the Remuneration Tribunal Act 1973, non-compliance could potentially lead to fines or other penalties as prescribed by law. The maximum penalties would depend on the specific nature and severity of the breach, but they could include substantial fines for both individuals and corporations, reflecting the seriousness of contravening remuneration regulations established to maintain fairness and transparency in public sector employment.
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) is designed to ensure that remuneration for public officers is both fair and reflective of the duties performed. By allowing for the remuneration of a part-time office held by a full-time employee, the regulations ensure that the individual is not disadvantaged by holding multiple positions. The obligation to adjust the full-time remuneration to account for any part-time earnings further reinforces the principle of equitable compensation. Any breach of these regulations could result in significant penalties, underscoring the importance of compliance with the established remuneration framework.