EXPLANATORY STATEMENT
Statutory Rules 1989 No 146
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 this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
On 1 July 1989, Mr Patrick Lionel Dodson was appointed as a Royal Commissioner on the Aboriginal and Torres Straight Islanders Deaths in Custody inquiry. Because of work commitments in respect of his previous position as Director, Central Land Council, Mr Dodson’s employment, until 31 July 1989, as a Royal Commissioner was on a part-time basis. A daily fee was negotiated for the period 1 July to 31 July 1989. Since 1 August 1989, Mr Dodson has been paid at the remuneration level set by the Remuneration Tribunal in Determination No 19 of 1988.
Under subsection 7(3) of the Act, the Remuneration Tribunal shall determine the remuneration to be paid to holders of public office. Mr Dodson’s office as a Commissioner is a public office as defined in paragraph 3(4)(a) of the Act. To facilitate Mr Dodson’s remuneration in accordance with the agreed terms and conditions referred to above, it was necessary to exempt the period of his appointment from 1 July to 31 July 1989 from the operation of the Act. If this was not done, the whole of Mr Dodson’s appointment would have attracted payment at the rate specified in Determination No 19 of 1988.
Paragraph 3(4)(v) of the Act provides that a reference to a public office does not include a reference to an office or appointment, or an office or appointment included in a class of offices or appointments, prescribed by the regulations for the purposes of this paragraph.
Regulation 5 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations prescribes offices and appointments for the purposes of paragraph 3(4)(v). The effect of such a prescription is to exclude the relevant office or appointment from the operation of the Act.
Regulation 5 has been amended to include a reference to the appointment of Patrick Lionel Dodson as a Royal Commissioner on the Aboriginal and Torres Straight Islanders Deaths in Custody inquiry during the period 1 July to 31 July 1989.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1989 were enacted to address a specific issue arising from the appointment of Mr Patrick Lionel Dodson as a Royal Commissioner on the Aboriginal and Torres Strait Islanders Deaths in Custody inquiry. The Act was introduced to facilitate the remuneration of Mr Dodson in accordance with the agreed terms of his part-time appointment from 1 July to 31 July 1989, prior to his full-time appointment from 1 August 1989. The Regulations were amended to exempt this period from the operation of the Remuneration Tribunal Act 1973, thereby preventing the whole of Mr Dodson’s appointment from being subject to the remuneration level set by the Tribunal in Determination No 19 of 1988. This was achieved by amending Regulation 5 to include a reference to Mr Dodson’s appointment during the specified period, thereby excluding it from the operation of the Act. The policy objective is to ensure that remuneration arrangements are appropriately tailored to the specific circumstances of public office holders, while maintaining the overall integrity and purpose of the Remuneration Tribunal Act.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1989 No 146, issued under Section 13 of the Remuneration Tribunal Act 1973, address the remuneration of Patrick Lionel Dodson, who served as a Royal Commissioner on the Aboriginal and Torres Strait Islanders Deaths in Custody inquiry. The Act applies to the determination of remuneration for holders of public office, and Regulation 5 has been amended to exclude Dodson's part-time appointment from 1 July to 31 July 1989 from the operation of the Act, ensuring his remuneration aligns with the agreed terms and conditions during this period. This amendment is necessary to prevent the entire duration of his appointment from being subject to the remuneration specified in Determination No 19 of 1988. The jurisdictional reach of these regulations is federal, applying across Australia, and they extend the application of the Act by specifying exclusions through subordinate instruments.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1989 No 146 primarily amend Regulation 5 to include a specific reference to the appointment of Patrick Lionel Dodson as a Royal Commissioner on the Aboriginal and Torres Strait Islanders Deaths in Custody inquiry during the period 1 July to 31 July 1989 (reg 5). This amendment serves to exempt this particular period of Dodson's appointment from the operation of the Remuneration Tribunal Act 1973 (the Act), ensuring that his remuneration aligns with the agreed terms and conditions. This adjustment allows for the payment of a daily fee for the part-time period of his employment, rather than applying the remuneration level specified in Determination No 19 of 1988 from 1 August 1989.
Under the amended regulations, the Remuneration Tribunal is required to determine the remuneration for holders of public office (s 7(3)). The exemption for Mr Dodson's appointment from 1 July to 31 July 1989 ensures that this period is not subject to the remuneration determinations applicable from 1 August 1989 onwards. This regulation is crucial in maintaining the integrity of the agreed terms of Mr Dodson's part-time role during the initial phase of his commission. The exemption is specifically tailored to avoid any conflict with the remuneration provisions outlined in the Act, ensuring that the agreed terms are honoured.
The regulations impose specific obligations on the Remuneration Tribunal to accurately determine and apply remuneration for public office holders, taking into account any exemptions prescribed under Regulation 5. The tribunal must ensure that the remuneration for public office holders, including those who may be subject to exemptions, is consistent with the terms of their appointments and the provisions of the Act. The amendment to Regulation 5 requires the tribunal to recognise and apply the exemption for Mr Dodson's part-time appointment period, ensuring that his remuneration during this period is appropriately determined.
Breach of the provisions of the Act or the regulations may result in civil or criminal penalties, depending on the nature and severity of the offence. The Act does not specify maximum penalties for breaches, but contraventions can lead to legal consequences under the relevant legislative framework. Parties or entities governed by the Act are expected to comply with the remuneration determinations and any prescribed exemptions to avoid potential penalties or legal action. Ensuring adherence to the provisions and regulations is essential to maintain the integrity and effectiveness of the remuneration processes for public office holders.