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.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1989 No 224 were enacted to address a specific issue concerning the remuneration of the staff-elected Director of the Australian Broadcasting Corporation (ABC). This amendment was introduced to ensure that the Director, who is elected from the staff of the ABC and holds the position on a part-time basis, is appropriately remunerated for their duties. This gap arose due to the nature of the Director's role as defined under the Australian Broadcasting Corporation Act 1983, and the need to align this with the provisions of the Remuneration Tribunal Act 1973. The amendment was issued by the Authority of the Minister for Industrial Relations and aims to rectify the oversight by specifying the office of the staff-elected Director in Schedule 2 of the Regulations, thereby allowing the Director to be paid for their part-time duties. The regulation operates retrospectively to ensure that the current Director, Mr John Cleary, and any future holders of the office, are appropriately compensated from the specified date of 15 May 1989.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) targets individuals who hold both a full-time public office and a part-time position, specifically prohibiting the latter from receiving remuneration unless expressly allowed by regulation or other legislation. This regulation applies to any person who holds or performs duties of a part-time office while employed full-time by the Commonwealth, a Territory, a public statutory corporation, or a company where the Commonwealth or a public statutory corporation holds beneficial ownership of the stock or shares. The amendment primarily concerns the position of the staff-elected Director of the Australian Broadcasting Corporation (ABC), who was previously not remunerated for their part-time duties despite being a full-time employee of the ABC. By including the staff-elected Director in Schedule 2 of the Regulations, the amendment enables the Remuneration Tribunal to determine appropriate remuneration for the Director, ensuring compliance with the Remuneration Tribunal Act 1973. This amendment operates retrospectively from 15 May 1989 to address the remuneration shortfall for the former staff-elected Director, Mr. John Cleary, and future holders of the position.
Key Provisions
The primary operative sections of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) involve changes to the existing regulations to address remuneration for specific public offices. Regulation 6, in particular, has been amended to address the remuneration of the Staff-Elected Director of the Australian Broadcasting Corporation (ABC). According to section 12 of the Australian Broadcasting Corporation Act 1983, the Board of the ABC includes a director elected from the staff of the ABC, a position that qualifies as a public office under the Remuneration Tribunal Act 1973. Previously, Mr Thomas Molomby, a staff member of the ABC, held this position and received remuneration for his duties as a director, as stipulated by subregulations 6(2) and (6) of the Regulations. However, with the creation of a statutory office of staff-elected Director in 1986 and subsequent replacement of Mr Molomby by Mr John Cleary in June 1988, it has become necessary to specify this office in Schedule 2 of the Regulations to ensure remuneration is appropriately provided for the duties performed in that office.
The amended Regulations impose obligations on the relevant parties, primarily the ABC and the Remuneration Tribunal. The ABC must now ensure that the Staff-Elected Director, currently Mr John Cleary, and any future holders of this office, receive remuneration for their duties. The Remuneration Tribunal is required to determine the remuneration for the Staff-Elected Director, as per the provisions of subregulation 6(1) of the Regulations. Additionally, the Regulations must be applied retrospectively to 15 May 1989 to address the unpaid remuneration to Mr Cleary for the period he has held the position without remuneration.
In terms of consequences, failure to comply with the amended Regulations could result in legal and financial repercussions. The Regulations aim to ensure that the Staff-Elected Director receives appropriate remuneration for their part-time duties, aligning with the provisions of the Remuneration Tribunal Act 1973. While the explanatory statement does not specify penalties for non-compliance, breaches of the Regulations could potentially lead to legal challenges or disputes regarding the remuneration of the Staff-Elected Director. Furthermore, the ABC and the Remuneration Tribunal must ensure that the remuneration is accurately determined and paid, as failure to do so could result in legal actions or sanctions from relevant authorities.