Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1993 No. 231
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 231
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.
Subsection 7(12) of the Act provides in part that, except as prescribed, a person who holds a judicial office of a country other than Australia is not entitled to be paid remuneration in relation to a public office which is also held by the person.
Regulation 7 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) provides for remuneration of certain persons holding more than one office.
Subsection 6(5) of the Commonwealth Electoral Act 1918 (the CE Act) provides that the Chairperson of the Australian Electoral Commission (the Commission) is to be an eligible Judge. 'Eligible Judge' is defined in part in section 5 of the CE Act to mean a former Judge of the Federal Court.
The office of Chairperson of the Commission is held by Justice Morling, a retired Judge of the Federal Court. Justice Morling retired from the Federal Court on 2 April 1993 but continues to hold unpaid judicial offices with the Courts of Appeal of Tonga, Western Samoa and Vanuatu.
The Regulations provide that Justice Morling is entitled to receive remuneration in respect of the office of Chairperson of the Commission, while he receives no salary in relation to the judicial offices which he holds in the service of a country other than Australia. The entitlement commences from the time of his retirement from the Federal Court on 2 April 1993.
Amending subregulation 3.1 provides that a person holding the office of Chairperson of the Commission, who also holds judicial office in the service of a country other than Australia, is entitled to be paid remuneration in relation to the office of Chairperson of the Commission, while not in receipt of remuneration for the judicial offices which have been prescribed.
The Regulations commenced on 3 April 1993.
The retrospective commencement of the Regulations has been beneficial to Justice Morling and for this reason complies with the requirements of subsection 48(2) of the Acts Interpretation Act 1901.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1993 No. 231 was introduced to address the specific remuneration circumstances of Justice Morling, who retired from the Federal Court on 2 April 1993 and continued to hold unpaid judicial offices in Tonga, Western Samoa, and Vanuatu. This amendment was made under the authority of the Minister for Industrial Relations and aligns with the overarching provisions of the Remuneration Tribunal Act 1973. The policy objective was to ensure that Justice Morling, now serving as the Chairperson of the Australian Electoral Commission, receives appropriate remuneration for his role in Australia while not being remunerated for his judicial positions in other countries. The Regulations, which commenced on 3 April 1993, provide clarity and fairness in Justice Morling's remuneration, reflecting the legislative intent to support retired judges transitioning into other significant roles within the Commonwealth.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1993 No. 231 applies to individuals in specific judicial roles, particularly those who hold the office of Chairperson of the Australian Electoral Commission and concurrently hold unpaid judicial offices with foreign courts. The scope of the amendment is geographically and jurisdictionally limited to the Commonwealth of Australia. The Act makes specific provision for Justice Morling, a retired Judge of the Federal Court, who also holds unpaid judicial offices in Tonga, Western Samoa, and Vanuatu, by allowing him to receive remuneration for his role as Chairperson of the Australian Electoral Commission without being remunerated for his overseas judicial roles. The Act amends the Remuneration Tribunal (Miscellaneous Provisions) Regulations to clarify that individuals in such dual roles are entitled to remuneration for the Australian office while not receiving remuneration for the overseas judicial offices that have been prescribed. The Regulations came into effect on 3 April 1993, and the retrospective application was deemed beneficial and compliant with the requirements of the Acts Interpretation Act 1901.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1993 No. 231, issued under the authority of the Minister for Industrial Relations, amends the Remuneration Tribunal (Miscellaneous Provisions) Regulations. These amendments are made in accordance with section 13 of the Remuneration Tribunal Act 1973, which allows the Governor-General to make regulations for the purposes of the Act. Specifically, these amendments address the remuneration of Justice Morling, who is the Chairperson of the Australian Electoral Commission and a retired Judge of the Federal Court, holding additional unpaid judicial offices with the Courts of Appeal of Tonga, Western Samoa, and Vanuatu.
Under subsection 7(12) of the Remuneration Tribunal Act 1973, a person holding a judicial office of a country other than Australia is generally not entitled to be paid remuneration in relation to a public office they also hold, unless prescribed otherwise. Regulation 7 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations originally provided for remuneration of certain persons holding more than one office. The recent amendments to subregulation 3.1 now specifically allow Justice Morling, who holds the office of Chairperson of the Commission and additional judicial offices overseas, to receive remuneration for the office of Chairperson of the Commission. This entitlement commences from the date of his retirement from the Federal Court on 2 April 1993.
The obligations imposed by these Regulations are that Justice Morling, while holding the office of Chairperson of the Commission and additional judicial offices overseas, must adhere to the new remuneration provisions. This means he is entitled to receive remuneration specifically for his role as Chairperson of the Commission. The Regulations also stipulate that he will not receive remuneration for the additional judicial offices he holds abroad, as these have been prescribed as unpaid positions.
There are no explicit offences, penalties, or civil/criminal consequences outlined for breach of these Regulations. However, any failure to comply with the provisions could potentially lead to disputes over remuneration, and any such disputes would need to be resolved within the framework of the Remuneration Tribunal Act 1973 and other relevant legislation. The retrospective commencement of these Regulations is justified under subsection 48(2) of the Acts Interpretation Act 1901, ensuring that Justice Morling benefits from the amendments as intended.