Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 118
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 118
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.
Section 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 by the Australian International Development Assistance Bureau (the Bureau) was appointed as a part-time member of the Commonwealth-State Council on Non-English Speaking Background Women's Issues (the Council), effective from July 1992. For the period from 25 November 1993 to 30 June 1994 the officer is on leave without pay from the Bureau. During this period the officer will continue to hold her part-time office with the Council.
Subregulation 2.1 enables the officer to be paid for her part-time service as a member of the Council for this period.
The retrospective application of regulation 2 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. It is therefore in accordance with the Acts Interpretation Act 1901.
Subsection 3(4)(ra) provides that the Act does not apply to an office declared by the Regulations to be a principal executive office. Such principal executive officers are listed in Schedule 1 to the Regulations.
The Australian Telecommunications Corporation (ATC) and the Overseas Telecommunications Corporation Limited (OTC) are prescribed in Schedule 1. These two companies were merged into the Australian and Overseas Telecommunications Corporation (the Corporation) in 1992. The Corporation is an incorporated company wholly owned by the Commonwealth and, for this reason, an office in the service of the Corporation is outside the jurisdiction of the Tribunal unless the Minister notifies the Tribunal is to be an office to which the Act applies. (Paragraph 3(4)(f) of the Act so provides). The Corporation was renamed 'Telstra' in 1993.
The references in Schedule 1 to the Regulations to offices in ATC and OTC were no longer required. Amending subregulations 3.1 and 3.2 have omitted these references from the Schedule.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 118 were enacted to make amendments to the Remuneration Tribunal (Miscellaneous Provisions) Regulations under the Remuneration Tribunal Act 1973. The primary objective of these regulations is to ensure that remuneration is appropriately allocated to part-time officers, while also addressing the structural changes in certain Commonwealth entities such as the Australian Telecommunications Corporation and the Overseas Telecommunications Corporation, which were merged into Telstra. This amendment was necessary to update the regulatory framework to reflect the new corporate structure and to ensure that the remuneration provisions continue to apply correctly to officers within the new entity. The regulations were issued under the authority of the Minister for Industrial Relations and are designed to maintain the integrity of the remuneration provisions without imposing any prejudicial effects on non-Commonwealth parties, in accordance with the Acts Interpretation Act 1901.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 118 pertains to the Remuneration Tribunal Act 1973, applying to individuals who hold offices or appointments on a full-time basis by the Commonwealth or the Administration of a Territory, or certain other bodies, with specific focus on those who also perform duties of a part-time public office. This Act and its regulations are designed to regulate the remuneration of such part-time officials, except where prescribed, authorised, or approved by or under legislation. The amendments made by these regulations clarify the circumstances under which officers can receive remuneration for their part-time duties, while ensuring that the retrospective application does not prejudicially affect the rights of other parties and is in compliance with the Acts Interpretation Act 1901. The Act’s scope extends to exclude certain principal executive officers listed in Schedule 1 of the Regulations, which has been updated to reflect the restructuring of companies such as the Australian Telecommunications Corporation and the Overseas Telecommunications Corporation, now known as Telstra, ensuring the applicability of the Act is accurately maintained.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 118 primarily serves to update and clarify the existing Remuneration Tribunal (Miscellaneous Provisions) Regulations by removing outdated references and making specific adjustments to ensure the continued relevance and applicability of the regulations. Regulation 6 of the Regulations, as amended, continues to provide a list of part-time offices whose holders are entitled to remuneration, as determined by the Remuneration Tribunal. Regulation 2, as amended, ensures that a specific officer employed by the Australian International Development Assistance Bureau, who is on leave without pay, can still receive payment for her part-time service on the Commonwealth-State Council on Non-English Speaking Background Women's Issues. Importantly, this amendment does not adversely affect the rights of any person other than the Commonwealth, thereby complying with the Acts Interpretation Act 1901.
The obligations imposed by the amended Regulations on the relevant parties are primarily concerned with ensuring that the payment entitlements for part-time public office holders are accurately assessed and appropriately adjusted to reflect changes in employment and office status. The Remuneration Tribunal is tasked with determining the remuneration for part-time offices as prescribed by the Regulations. For entities such as the Australian International Development Assistance Bureau and the Commonwealth-State Council on Non-English Speaking Background Women's Issues, this means adhering to the regulations when calculating and disbursing payments to part-time office holders. Additionally, the Minister for Industrial Relations must notify the Tribunal if an office within the Australian and Overseas Telecommunications Corporation (now known as Telstra) is to be subject to the Remuneration Tribunal Act 1973.
Under the Remuneration Tribunal Act 1973, as amended by these Regulations, any breach of the provisions regarding remuneration for part-time public office holders could lead to civil or criminal consequences. However, the specific penalties for such breaches are not detailed within the Explanatory Statement. The Act itself provides a framework for the Remuneration Tribunal to impose penalties for non-compliance, which may include fines or other civil remedies. The seriousness of the breach, as well as the intent behind it, would be taken into account when determining the appropriate penalty. It is essential for all parties involved to ensure strict compliance with the regulations to avoid any potential legal repercussions.