Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 67
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 67
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 an appointment which has been prescribed for the purposes of the paragraph. The effect of this is to remove these appointments from the jurisdiction of the Remuneration Tribunal (the Tribunal).
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.
An inquiry into the Australian Secret Intelligence Service has been established by by the issue of separate Letters Patent, under the Royal Commissions Act 1902 and other enabling powers, to the Honourable Gordon Jacob Samuels AC QC and Mr Michael Henry Codd AC (the Commissioners).
The Letters Patent require a report to be furnished as expeditiously as possible, but not later than 31 December 1994.
Remuneration for Commissioners 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, remuneration for the Commissioners has been determined by the Government.
Accordingly, the appointment of a person as a Commissioner to inquire into the Australian Secret Intelligence Service has been prescribed as an appointment to which paragraph 3(4)(v) of the Act applies.
The proposed Regulations commenced on gazettal.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 67 were introduced to address a specific issue regarding the remuneration of Commissioners appointed to inquire into the Australian Secret Intelligence Service. Enacted under the authority of the Minister for Industrial Relations, these regulations amend the Remuneration Tribunal (Miscellaneous Provisions) Regulations to ensure that appointments of Commissioners for this particular inquiry fall outside the jurisdiction of the Remuneration Tribunal. This was necessary as remuneration for these Commissioners had been determined by the Government, differing from the typical processes overseen by the Tribunal. The policy objective is to maintain the integrity and independence of the inquiry by ensuring that the remuneration arrangements for the Commissioners are not subject to the Tribunal’s purview, thereby avoiding any potential conflicts of interest or undue influence.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 67 amends the existing Remuneration Tribunal (Miscellaneous Provisions) Regulations to address the remuneration of individuals appointed as Commissioners under the Royal Commissions Act 1902 for an inquiry into the Australian Secret Intelligence Service. These Regulations fall under the authority of the Remuneration Tribunal Act 1973 and are made pursuant to section 13 of the Act, which empowers the Governor-General to create regulations for the purposes of the Act. Specifically, regulation 5 of the Regulations prescribes certain offices and appointments, including those of Commissioners appointed for the Royal Commission, thereby excluding them from the jurisdiction of the Remuneration Tribunal. The scope of these Regulations applies to any person appointed as a Commissioner to this particular inquiry, ensuring that their remuneration is determined by the Government rather than the Tribunal. The Regulations have effect from the date of their gazettal, aligning with the timeline required by the Letters Patent issued for the Royal Commission.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 67 amends the existing regulations under the Remuneration Tribunal Act 1973 (the Act). These amendments primarily concern the remuneration of specific public appointments, including those made under the Royal Commissions Act 1902. Under section 13 of the Act, the Governor-General has the authority to create regulations for the purposes of the Act. The key provision in this case, as outlined in paragraph 3(4)(v) of the Act, specifies that certain public appointments are excluded from the jurisdiction of the Remuneration Tribunal. Regulation 5 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations prescribes specific offices and appointments that fall under this exclusion.
The obligation imposed by these Regulations is to exclude the remuneration for certain commissioners from being assessed by the Remuneration Tribunal. This exclusion is based on the nature of the appointment, specifically in relation to the Royal Commission into the Australian Secret Intelligence Service. By amending Regulation 5, the Regulations ensure that the remuneration for commissioners appointed to this Royal Commission is not subject to the Tribunal's jurisdiction. This is significant because it aligns with the requirement for a swift and efficient report, as stipulated in the Letters Patent issued to the Commissioners.
The amendments also reflect the Government's decision to set the remuneration for these specific commissioners, rather than allowing the Remuneration Tribunal to determine it. This decision was made to expedite the process and avoid potential delays that might arise from Tribunal involvement. By prescribing the appointment of a person as a Commissioner to inquire into the Australian Secret Intelligence Service, the Regulations ensure that the remuneration for these roles is determined directly by the Government, in accordance with the requirements of the Letters Patent.
Breach of these regulations could lead to significant consequences, though specific offences, penalties, or civil/criminal consequences are not explicitly detailed within the provided text. However, non-compliance with regulations made under the authority of the Remuneration Tribunal Act 1973 could potentially result in legal challenges or administrative actions. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act and related legislation. It is important to note that the primary focus of these Regulations is to streamline the process of remuneration for the specified commissioners, thereby facilitating the timely completion of the Royal Commission's report.