Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 134
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 134
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
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. 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.
Under the Royal Commissions Act 1902 and other enabling powers, an Inquiry into the circumstances surrounding the leasing of accommodation for the Australian National Audit Office In Centenary House he established by Letters Patent The Honourable Mr Justice Trevor Rees Morling has been appointed to conduct that Inquiry.
The Letters Patent require the Inquiry to be undertaken and a report furnished by 9 August 1994.
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 remuneration for the Commissioner who has been appointed has been determined by the Government.
Accordingly. the appointment of a person to Inquire Into matters relating to the leasing by the Commonwealth of accommodation for the Australian National Audit Office In Centenary House at Barton In the An has been prescribed as an appointment to which paragraph 3(4)(v) of the Act applies.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 134 was enacted to address a specific issue regarding the jurisdiction of the Remuneration Tribunal in relation to appointments made under certain acts. The Regulations were issued under the authority of the Minister for Industrial Relations and amend the Remuneration Tribunal (Miscellaneous Provisions) Regulations to exclude certain appointments from the Tribunal's jurisdiction. The policy objective is to ensure that appointments made under specific acts, such as the Royal Commissions Act 1902, are not subject to the determination of remuneration by the Remuneration Tribunal, thereby aligning with the intent of the original legislation. This amendment was necessary to accommodate the particular circumstances of the Inquiry into the leasing of accommodation for the Australian National Audit Office, ensuring that the remuneration for the appointed Commissioner is determined by the Government, as per the Letters Patent issued under the Royal Commissions Act 1902.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 134 applies to the prescribed appointments and offices under the Remuneration Tribunal Act 1973, particularly those exempted from the Tribunal's jurisdiction. This regulation amendment specifies that the appointment of an individual to conduct an inquiry into the leasing of accommodation for the Australian National Audit Office in Centenary House is one such exemption. The amendment removes this specific appointment from the Tribunal's purview, ensuring it does not interfere with the independent nature of the inquiry. The regulation is applicable to the Commonwealth level and affects the conduct and remuneration of individuals appointed under the Royal Commissions Act 1902, particularly those whose remuneration is determined by the Government rather than the Tribunal. The scope of the amendment is narrowly tailored to the particular inquiry in question, ensuring that the independence of the appointed Commissioner is maintained.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 134 introduces changes to the Remuneration Tribunal (Miscellaneous Provisions) Regulations by amending Regulation 5 to exclude certain appointments from the jurisdiction of the Remuneration Tribunal. This amendment is specifically aimed at removing the appointment of a Commissioner for an Inquiry into the leasing of accommodation for the Australian National Audit Office in Centenary House from the Tribunal's purview. Under Section 13 of the Remuneration Tribunal Act 1973, the Governor-General is authorised to make regulations necessary for the purposes of the Act. Paragraph 3(4)(v) of the Act excludes certain appointments from the definition of a public office, thus removing them from the Tribunal’s jurisdiction.
The obligation imposed on the parties by this amendment is to ensure that the remuneration for the Commissioner appointed for the Inquiry is determined by the Government, not the Tribunal. This aligns with the historical precedent where remuneration for such Commissioners has been set by the Government, based on legal or consultancy fees rather than through Tribunal determination. By excluding this specific appointment from the Tribunal's jurisdiction, the amendment streamlines the process for setting the Commissioner's remuneration, avoiding potential delays or complications that might arise from Tribunal involvement.
Failure to adhere to these regulations could result in legal consequences. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is clear that any deviation from the prescribed process for determining the Commissioner's remuneration could lead to non-compliance with the Act. This could potentially invite judicial review or other corrective measures to ensure adherence to the statutory framework. The precise penalties or consequences would depend on the nature and severity of the breach, as well as any relevant provisions in the overarching legislation or subsidiary regulations.