Explanatory Statement: Remuneration Tribunal (Remuneration and Allowances for Holders of Full-Time Public Office) Determination (No.1) 2023
- The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as an independent statutory authority responsible for reporting on and determining the remuneration, allowances and entitlements of key Commonwealth office holders. These include Judges of Federal Courts and most full-time and part-time holders of public offices, including Specified Statutory Offices. An additional function of the Tribunal is to determine a classification structure for Principal Executive Offices and the terms and conditions applicable to each classification within the structure.
Consultation
2. Section 11 of the Act advises that in the performance of its functions the Tribunal:
- may inform itself in such manner as it thinks fit;
- may receive written or oral statements;
- is not required to conduct any proceeding in a formal manner; and
- is not bound by the rules of evidence.
3. The Tribunal normally receives submissions on remuneration from a portfolio minister, or a secretary, program manager or employing body (in respect of a Principal Executive Office) with responsibility for the relevant office(s). The Tribunal will normally seek the views of the relevant portfolio minister prior to determining remuneration for an office.
4. The Tribunal may reach a decision based on the information provided in the submission and other publicly available information such as portfolio budget statements, annual reports, corporate plans, legislation and media releases. On occasion it may wish to meet with relevant parties or seek further information from the relevant minister or person making the submission.
5. Amongst other relevant matters in deliberating on appropriate remuneration for an office the Tribunal informs itself on:
- the main functions, responsibilities and accountabilities of the office;
- the organisational structure, budget and workforce;
- the requisite characteristics, skills or qualifications required of the office holder(s); and
- the remuneration of similar, comparator, offices within its jurisdiction.
Review of Remuneration for Holders of Public Office
6. The Tribunal’s obligations, under sub-sections 7(3) and 8(1)(b) of the Act are to make determinations in respect of remuneration for various offices within its jurisdiction at periods of not more than one year. To meet these obligations, the Tribunal issued determinations on 13 June 2022 and at that time determined a 2.75 per cent adjustment to remuneration for all offices in its jurisdiction.
7. In complying with its obligations to make new determinations the Tribunal takes the opportunity to consider whether any general increase to remuneration for offices might be warranted. In conducting this review the Tribunal takes account of economic conditions in Australia, past and projected movements in remuneration in the public and private sectors (including the Australian Public Service), as well as the outcomes of reviews of public offices completed by the Tribunal. In order to inform its conclusions the Tribunal draws upon authoritative external sources such as the published material available from the Government, the Reserve Bank of Australia and the Australian Bureau of Statistics as well as trends in public and private sector remuneration. The Tribunal is also obliged by the Act to consider the Annual Wage Reviews of the Fair Work Commission.
8. The Tribunal did not receive any submissions on this matter.
9. In order to meet its legislative obligations to make a decision by 12 June 2023, the Tribunal met on 8 June 2023 and decided to defer any adjustment in remuneration for offices in its jurisdiction. The Tribunal has agreed to meet again in August 2023 to consider further data, and to determine whether any adjustment is appropriate for offices within its jurisdiction. A statement setting out the Tribunal’s reasons for decision is available at www.remtribunal.gov.au.
10. Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination (No.1) 2023 implements the Tribunal’s decision for Full‑time Public Offices.
11. Consultation on this outcome was considered unnecessary given the matters considered by the Tribunal in making its decision.
Australian Submarine Agency
12. On 28 April 2023, the Minister for Defence, the Hon Richard Marles MP wrote to the Tribunal seeking a determination of remuneration for the new office of the Director General, Australian Submarine Agency. The accompanying submission outlined the responsibilities of the office, and the qualities and capabilities required of the office holder.
Sex Discrimination Commissioner
13. There was no consultation on this matter. Ms Kate Jenkins’ appointment as the Sex Discrimination Commissioner concluded on 14 April 2023.
Retrospectivity
14. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislation Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.
Exemption from sunsetting
15. Under section 12, item 56 of the Legislation (Exemptions and Other Matters) Regulation 2015, an instrument required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973 is exempt from the provisions of paragraph 54(2)(b) of the Legislation Act 2003.
16. This exemption has been granted by the Attorney-General because the Remuneration Tribunal has a statutory role independent of government.
17. As the Remuneration Tribunal makes new principal determinations annually, this principal determination is unlikely to have any practical effect beyond the usual 10 year sunsetting period. As such, the exemption from sunsetting will not have a practical impact on parliamentary oversight of the relevant measures.
The power to repeal, rescind and revoke, amend and vary
18. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Details of the determination are as follows:
PART 1 - PRELIMINARY
19. Part 1 specifies the authority for and the commencement date of the determination and supersedes the previous principal Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2022 (as amended) applying to the offices covered by this determination. This Part also contains information on schedules and definitions of certain words used in the determination.
PART 2 – REMUNERATION
20. Part 2 sets out the total remuneration and other related matters (such as special provisions for certain offices).
21. Sets remuneration and travel tier for the new office of the Director General, Australian Submarine Agency in Table 2A.
22. The provisions in Part 2 otherwise remain unchanged from those contained in Part 2 of the previous determination.
PART 3 – SUPERANNUATION
23. Part 3 sets out the superannuation arrangements and other related matters, including superannuation salary for specified office holders.
24. The provisions in Part 3 otherwise remain unchanged from those contained in Part 3 of the previous determination.
PART 4 – VEHICLES AND BUSINESS SUPPORT
25. Part 4 sets out the entitlements for vehicle and business support.
26. The provisions of this Part remain unchanged from those contained in Part 4 of the previous determination.
PART 5 – TRAVEL AND ACCOMODATION ASSISTANCE
27. Part 5 sets out the entitlements for travel and accommodation assistance, including accommodation and reunion assistance for specified office holders.
28. Removes accommodation assistance and reunion travel assistance for the former Sex Discrimination Commissioner, Ms Kate Jenkins, from Tables 5A and 5B.
29. The provisions of this Part otherwise remain unchanged from those contained in Part 5 of the previous determination.
SCHEDULE 1 – REPEALS
30. Schedule 1 specifies instruments which have been amended or repealed.
Authority: Sub-sections 7(3) and 7(4)
Remuneration Tribunal Act 1973
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Remuneration Tribunal (Remuneration and Allowance for Holders of Full-time Public Office) Determination (No.1) 2023
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The legislative instrument, or determination, formalises the Tribunal’s review decision to defer any adjustment in remuneration for Full-time Public Offices.
The determination supersedes the previous Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2022 (as amended).
The decision follows a review of remuneration (and significantly related matters) carried out by the Tribunal consistent with sub-section 7(3) of the Remuneration Tribunal Act 1973.
In addition to formalising the Tribunal’s review decision, the determination:
- sets remuneration and travel tier for the new office of Director General, Australian Submarine Agency; and
- removes accommodation assistance and reunion travel assistance for the former Sex Discrimination Commissioner, Ms Kate Jenkins.
The instrument maintains the principle of fair, and current, remuneration for work performed.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Remuneration Tribunal