EXPLANATORY STATEMENT
Statutory Rules 1989 No 335
Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
The Remuneration Tribunal established by the Remuneration Tribunal Act 1973 (the Act) is empowered under subsection 6(2) of the Act to inquire into and report on the remuneration payable to, inter alia, Justices or Judges of federal courts. The Tribunal, however, may not determine the remuneration to be paid to the holders of those offices. At present the Tribunal has jurisdiction to determine remuneration only for the holders of certain offices, not including judicial offices. This is because judicial offices are currently excluded from the definition of a “public office” in subsection 3(4) of the Act.
Part 3 of the Judicial and Statutory Officers Remuneration Legislation Amendment Bill 1989 (the Bill) seeks to amend the Act to empower the Remuneration Tribunal to determine remuneration for a Justice or Judge of a federal court or the Supreme Court of a Territory, or a person who has the same status as such a Justice or Judge. This will be achieved by omitting such persons from the exemption provided in the definition of “public office” in subsection 3(4) of the Act and omitting the current provisions for inquiry into and reporting on such remuneration under section 6 of the Act.
The Bill was passed by the Parliament on 23 November 1989. Part 3 of the Bill will commence upon the Bill receiving the royal assent. Upon the commencement of Part 3 of the Bill the Remuneration Tribunal will have jurisdiction to determine the remuneration payable to a Justice or Judge of a federal court or of the Supreme Court of a State or Territory, or a person who has the same status as such a Justice or Judge.
Some Judges of the Family Court of Australia also hold commissions on the Family Court of Western Australia. Under an agreement between the Commonwealth and the State of Western Australia, these Judges are remunerated by the Commonwealth as Judges of the Family Court of Australia.
Upon the commencement of Part 3 of the Bill the Remuneration Tribunal will be able to determine the remuneration payable to all Judges of the Family Court of Australia, including those who also hold a commission as a Judge of the Family Court of Western Australia. Unless a regulation was made, however, prescribing the office of Judge of the Family Court of Western Australia for the purposes of subsection 7(12) of the Act, those Judges of the Family Court of Australia who are Judges of the Family Court of Western Australia would not have been entitled to be paid any remuneration as Judges of the Family Court of Australia, despite the fact that the Tribunal will have jurisdiction to determine their remuneration.
This is because subsection 7(12) of the Act provides that, except as prescribed, a person is not entitled to be paid any remuneration in respect of his holding, or performing the duties of, a public office if the person holds a judicial office in the service of the Government of a State or of a country other than Australia.
Accordingly, an amendment of the Remuneration Tribunal (Miscellaneous Provisions) Regulations has been made which prescribes the office of Judge of the Family Court of Western Australia for the purposes of subsection 7(12) of the Act. The amendment operates from the date of commencement of Part 3 of the Bill and provides that a person who holds office as a Judge of the Family Court of Australia and who also holds office as a Judge of the Family Court of the State of Western Australia is entitled to be paid remuneration determined under the Act in respect of the office of Judge of the Family Court of Australia.
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.