Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1996 No. 36
EXPLANATORY STATEMENT
Statutory Rules 1996 No. 36
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 Act 1973 (the Act) provides that 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 or under legislation, a person who 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 (the Regulations) prescribes for the purposes of section 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 (the Tribunal).
An officer who is currently employed full-time by the Department of Social Security was appointed as a part-time member of the Commonwealth Advisory Committee on Homelessness (the Committee), effective 25 October 1995 and has been performing duties With the Committee since that date. The Committee is established under the Supported Accommodation Assistance Act 1994 and meets on a regular basis.
As the officer will be on leave without pay from his full-time position when performing duty on the Committee it is necessary to pay the officer for his part-time service as a member of the Committee.
Subregulation 2.1 prescribes for the purposes of section 7(11) of the Act that the officer, who is a full time officer, be paid for part-time service as a member of the Committee during all periods that the officer performs duty on the Committee. Remuneration for parttime members of the Committee is prescribed under clause 2.5 of Remuneration Tribunal Determination Number 29 of 1994.
The retrospective application of the Regulation does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.
The Regulations commenced on gazettal.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1996 No. 36 were enacted to address a specific issue concerning the remuneration of a full-time officer employed by the Department of Social Security who was appointed to serve part-time on the Commonwealth Advisory Committee on Homelessness. The Remuneration Tribunal Act 1973 provided a legislative framework governing the remuneration of public officials, but it did not initially cover the scenario where a full-time officer was required to undertake part-time duties on leave without pay. The amendment was issued under the authority of the Minister for Industrial Relations and was designed to ensure that the officer in question would be compensated for their part-time service, as they were performing duties without pay from their full-time position. The policy objective was to provide clarity and ensure fairness in the payment of part-time duties to public servants who take on additional roles outside their primary employment without adversely affecting other stakeholders.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1996 No. 36 applies to full-time officers of the Commonwealth or the Administration of a Territory, or certain other bodies, who are appointed to hold part-time offices. These regulations, made under the Remuneration Tribunal Act 1973, aim to ensure that these officers receive remuneration for part-time duties they perform in addition to their full-time roles. Specifically, the amendment targets officers employed by the Department of Social Security who have been appointed as part-time members of the Commonwealth Advisory Committee on Homelessness. The regulations provide for the payment of these officers for part-time service, as they will be on leave without pay from their full-time positions while fulfilling duties with the Committee. The remuneration is determined in accordance with the Remuneration Tribunal Determination Number 29 of 1994. Notably, the retrospective application of these regulations does not adversely affect the rights of any person other than the Commonwealth or impose any new liabilities on them. The regulations came into effect upon gazettal.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1996 No. 36 primarily amend the existing Remuneration Tribunal (Miscellaneous Provisions) Regulations, providing specific provisions for the payment of remuneration to certain part-time public officers. According to section 13 of the Remuneration Act 1973, the Governor-General has the authority to create regulations for the purposes of the Act, and subsection 7(11) of the Act stipulates that full-time officers are generally not entitled to remuneration for part-time duties unless otherwise prescribed or authorised. Regulation 6 of the amended Regulations now includes the part-time office of a member of the Commonwealth Advisory Committee on Homelessness among those eligible for remuneration, as determined by the Remuneration Tribunal.
The amendments impose specific obligations on the relevant parties. Full-time officers appointed to part-time public offices, such as the member of the Commonwealth Advisory Committee on Homelessness, must be compensated for their part-time duties. This compensation is to be provided in accordance with the prescribed remuneration set out in Remuneration Tribunal Determination Number 29 of 1994. The Regulations ensure that such officers receive payment during all periods they perform their part-time duties, thereby recognising their contribution while on leave without pay from their primary full-time positions.
The Regulations also outline potential consequences for non-compliance. Although the explanatory statement clarifies that the retrospective application of the Regulation does not prejudice the rights of any person (other than the Commonwealth) and does not impose any new liabilities on them, it does not explicitly state penalties for non-compliance. However, given the nature of the legislation and the authority of the Remuneration Tribunal, failure to adhere to the prescribed remuneration provisions could lead to legal action or other enforcement measures. The specific penalties for such breaches would be determined by the Tribunal and could include financial penalties, orders for back payment, or other remedies deemed appropriate by the Tribunal.