Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1991 No. 324
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 324
Remuneration Tribunal Act 1973
Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)
Issued by the Authority of the Minister for Industrial Relations
Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 7(11) of the Act provides that, except as prescribed or authorised or approved by or under 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.
Subregulation 6(1) of 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.
Section 18 of the Military Superannuation and Benefits Act 1991 (the MSB Act) established the Military Superannuation and Benefits Board of Trustees No. 1. Section 21 of the MSB Act provides for its membership. The appointment of Trustees is in accordance with clause 4 of a Trust Deed which is a Schedule to the MSB Act. These provisions commenced operation on 1 October 1991.
The Board of Trustees comprises an independent Chairperson and four Trustees, two representing the employer and one officer and one person other than an officer (or "other rank") representing contributors. An exemption for the "other rank" member has been agreed on the basis that he or she, in performing duties as a Trustee, is representing interests of the Australian Defence Force (ADF) members as distinct from normal functions. Also, selection for membership of the Board of Trustees is based on "personal qualities" rather than a particular position held in the ADF.
To allow for these regulations to commence on the same day as the relevant provisions of the MSB Act, they have a retrospective date of effect of 1 October 1991.
The retrospective application of these regulations 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.
Authority: Section 13 of the Remuneration Tribunal Act 1973
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1991 No. 324 was enacted to address the need for amending the existing regulations under the Remuneration Tribunal Act 1973 to include provisions relevant to the newly established Military Superannuation and Benefits Board of Trustees No. 1, as outlined in the Military Superannuation and Benefits Act 1991. This amendment was necessitated to ensure that the remuneration for part-time public office holders, including the Trustees of the Military Superannuation and Benefits Board, is properly regulated. The regulations were issued under the authority of the Minister for Industrial Relations and aim to ensure that the remuneration practices are in line with the provisions of the Remuneration Tribunal Act 1973 and the specific requirements of the Military Superannuation and Benefits Act 1991. The regulations have a retrospective date of effect to align with the commencement of the relevant provisions of the MSB Act, ensuring that the new rules apply from 1 October 1991 without adversely affecting the rights or imposing liabilities on persons other than the Commonwealth.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1991 No. 324 applies to the operation of the Remuneration Tribunal Act 1973, particularly in relation to the remuneration of part-time office holders within the Commonwealth, the Administration of a Territory, and certain other specified bodies. The scope of the Regulations is further extended to encompass the Military Superannuation and Benefits Board of Trustees No. 1, as established by the Military Superannuation and Benefits Act 1991. The Regulations address the entitlement of remuneration for part-time office holders, specifying which part-time offices are eligible for payment under the Act. Notably, the regulations have a retrospective effect, applying from 1 October 1991, to align with the commencement date of the relevant provisions in the MSB Act. Despite their retrospective nature, these regulations do not prejudice the rights of individuals, nor do they impose any liability on persons other than the Commonwealth. The authority for these amendments is derived from Section 13 of the Remuneration Tribunal Act 1973, which empowers the Governor-General to make regulations necessary or convenient to carry out the Act.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1991 No. 324 primarily focuses on modifying the existing regulations under the Remuneration Tribunal Act 1973 to accommodate the establishment of the Military Superannuation and Benefits Board of Trustees No. 1 under the Military Superannuation and Benefits Act 1991. Section 13 of the Remuneration Tribunal Act 1973 empowers the Governor-General to issue regulations that prescribe matters necessary for the Act's implementation, and these regulations must align with the Act's provisions. Specifically, subsection 7(11) of the Act restricts full-time employees from receiving additional remuneration for part-time public office duties unless explicitly permitted or authorised by legislation.
Subregulation 6(1) of the Regulations clarifies which part-time offices are eligible for remuneration, as determined by the Remuneration Tribunal. These amendments aim to ensure that the Board of Trustees members, established under Section 18 of the Military Superannuation and Benefits Act 1991, are appropriately compensated for their part-time duties. The Board of Trustees, comprising an independent Chairperson and four Trustees, includes two representatives from the employer and two from contributors, one being an "other rank" representative. This composition ensures diverse representation and independent oversight.
The obligations imposed by these regulations on the parties involved include the adherence to the Remuneration Tribunal's determinations regarding part-time remuneration and the compliance with the specific provisions related to the Board of Trustees' structure and duties. The Trustees' appointments are governed by clause 4 of the Trust Deed, which is a Schedule to the Military Superannuation and Benefits Act 1991. These regulations also ensure that the Trustees' roles and remunerations are consistent with the overarching legislative framework.
Breaches of these regulations can lead to significant consequences. While the explanatory statement does not detail specific penalties, violations of remuneration provisions or non-compliance with the Board of Trustees' requirements could result in legal repercussions. The regulations' retrospective application does not prejudice the rights of any person, nor does it impose any new liabilities on them, except for the Commonwealth, thereby maintaining fairness and legal certainty.