EXPLANATORY STATEMENT
Statutory Rules 1989 No 224
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:
“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.”
Subsection 7(11) of the Act provides:
“…(11) Except as prescribed, or as authorised or approved by or under any other law of the Commonwealth or any law of a Territory, a person is not entitled to be paid any remuneration in respect of his holding, or performing the duties of, a public office on a part-time basis if the person holds any office or appointment, or is otherwise employed, on a full-time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, an incorporated company referred to in paragraph 3(4)(da) or an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation.”
Under section 12 of the Australian Broadcasting Corporation Act 1983 (the ABC Act), the Board of the Australian Broadcasting Corporation (the ABC) includes one director elected from the staff of the ABC (the staff-elected Director). That position is a public office as defined in subsection 3(4) of the Act, held on a part-time basis and therefore comes within subsection 7(11) of the Act.
Subregulation 6(1) of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) provides:
“A person who -
(a) holds any office or appointment, or is otherwise employed, on a full-time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory
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corporation, an incorporated company referred to in paragraph 3(4)(da) of the Act or an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation; and
(b) holds, or performs the duties of, an office specified in Schedule 2, is entitled to be paid, in respect of the last-mentioned office, the remuneration for the time being determined by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part-time basis…”
Mr Thomas Molomby, a member of the staff of the ABC, was also a Director of the ABC and received remuneration in respect of his duties as a Director by virtue of subregulations 6(2) and (3) of the Regulations (Statutory Rules No. 188 of 1985 refer). Subregulations 6(2) and (3) are specific to Mr Molomby. In 1986 an amendment to the ABC Act created the office of staff-elected Director and provided that Mr Molomby held that office. In June 1988 Mr Molomby was replaced as staff-elected Director by Mr John Cleary.
As there is now a statutory office of staff-elected Director of the ABC and the nature of that office is such that it will be held by an employee of the ABC whose primary duties are not related to the activities of the Board it is appropriate for that office to be specified in Schedule 2 of the Regulations for the purposes of subregulation 6(1).
Regulation 6 of the Remuneration Tribunals (Miscellaneous Provisions) Regulations has been amended to prescribe the person from time to time holding the position of Staff-Elected Director of the ABC under subsection 7(11) of the Act. This action will enable Mr Cleary, and any future holder of that office, to be remunerated in relation to the duties performed in that office. As Mr Cleary has held the position for some time without remuneration, the regulation will operate retrospectively to 15 May 1989.