REMUNERATION TRIBUNALS AMENDMENT ACT (No. 2) 1978
No. 178 of 1978
An Act to amend the Remuneration Tribunals Act 1973.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Remuneration Tribunals Amendment Act (No. 2) 1978.
(2) The Remuneration Tribunals Act 1973 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation.
Establishment of Remuneration Tribunal
3. Section 4 of the Principal Act is amended by omitting from sub-section (6) all the words after “State” (second occurring).
Establishment of Academic Salaries Tribunal
4. Section 12b of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:
“(2) Subject to sub-section (8), the Tribunal shall be constituted by a person appointed by the Governor-General on a part-time basis.
“(3) Subject to this section, the person constituting the Tribunal holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
“(4) A person shall not be appointed under sub-section (2) if he is, or has been during the immediately preceding period of 7 years, a member of the full-time staff of an institution of tertiary education.
“(5) The person constituting the Tribunal may resign his office by writing signed by him and delivered to the Governor-General.
“(6) The Governor-General may remove the person constituting the Tribunal from office for misbehaviour or physical or mental incapacity.
“(7) The person constituting the Tribunal ceases to hold office if he becomes a person who is ineligible for appointment by virtue of sub-section (4).
“(8) If the person constituting the Tribunal is unavailable to hold a particular inquiry, the Tribunal shall be constituted for the purposes of that inquiry, and of any determination or report resulting from that inquiry, by a person appointed by the Minister.”.
Minor amendments
5. The Principal Act is amended as set out in the Schedule.
Savings
6. A determination made by the Academic Salaries Tribunal, being that Tribunal as constituted by section 12b of the Principal Act before the date of commencement of this Act, being a determination that was in operation immediately before that date, has effect on and after that date as if it had been made by the Academic Salaries Tribunal as constituted under section 12b of the Principal Act as amended by this Act.
SCHEDULE Section 5
MINOR AMENDMENTS
Provision | Amendment |
Sub-section 3(1) (definition of “public statutory corporation”), paragraphs 3(4)(a), (c) and (e), sub-sections 6(1) and 7(1), (2), (9) and (11), paragraph 12c(a), sub-paragraph 12d(2)(c)(i) and sub-section 12d(7) | Omit “Australia” (wherever occurring), substitute “the Commonwealth”. |
Paragraph 3(4)(n).................... | |
Overview
The Remuneration Tribunals Amendment Act (No. 2) 1978 was enacted to make changes to the Remuneration Tribunals Act 1973, specifically focusing on the establishment and operation of the Remuneration Tribunal and the Academic Salaries Tribunal. This legislation was enacted by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia, reflecting its federal legislative origin. The amendments aim to refine the appointment, tenure, and eligibility criteria for members of the Academic Salaries Tribunal, as well as to update certain definitions and references within the Principal Act to align with the Commonwealth framework. The objective of these amendments is to ensure that the tribunals operate efficiently and impartially in determining remuneration issues, thereby maintaining fairness and stability in the remuneration of public sector roles.
Scope and Application
The Remuneration Tribunals Amendment Act (No. 2) 1978 amends the Remuneration Tribunals Act 1973, introducing modifications to the establishment and operation of the Remuneration Tribunal and the Academic Salaries Tribunal. This legislation applies to the Commonwealth and concerns the remuneration and salaries of public servants and academic staff respectively. The amendments pertain to the appointment, tenure, and removal of the Tribunal's members, introducing stricter criteria for eligibility and eligibility periods for the Academic Salaries Tribunal members. The Act's provisions are enforceable across the Commonwealth, impacting public statutory corporations and other entities defined within the Principal Act. Notably, it removes specific references to Australia in several provisions, thereby limiting its application strictly to the Commonwealth jurisdiction. The Act does not explicitly state any exclusions or exemptions, nor does it delineate specific thresholds for its application. The amendments are detailed in the accompanying Schedule, which further refines the operational aspects of the Tribunals by omitting certain definitions and modifying subsections to align with the Act's intent.
Key Provisions
The Remuneration Tribunals Amendment Act (No. 2) 1978 makes several significant changes to the Remuneration Tribunals Act 1973. Firstly, it modifies the establishment of the Remuneration Tribunal by omitting certain words from section 4(6) of the Principal Act (sections 3 and 5). This amendment alters the structure and possibly the scope of the Tribunal, although the specifics of the changes are detailed in the Schedule. Secondly, it introduces changes to the Academic Salaries Tribunal, specified in section 12b of the Principal Act, by omitting sub-sections (2) and (3) and replacing them with new provisions (section 4). These changes include altering the manner of appointment, the term of office, the eligibility criteria, and the conditions under which the Tribunal member can be removed or resign.
The Act imposes various obligations and requirements on the parties and entities it governs. The Governor-General is tasked with appointing the person who will constitute the Tribunal on a part-time basis, with specific terms and conditions governing their appointment, including the maximum term of five years and eligibility criteria (section 12b(2)-(4)). The appointed member must not have been a member of the full-time staff of an institution of tertiary education within the preceding seven years. The member may resign by delivering a signed written notice to the Governor-General and can be removed by the Governor-General for misbehaviour or incapacity (section 12b(5)-(6)). Additionally, the member ceases to hold office if they become ineligible under the stipulated criteria. If the appointed member is unavailable, the Minister can appoint a replacement for specific inquiries (section 12b(8)).
Failure to comply with the provisions of this Act may result in various consequences. While the Act does not explicitly outline specific offences or penalties, the removal of a Tribunal member for misbehaviour or incapacity suggests that non-compliance with the Act's requirements could lead to disciplinary action. The Act ensures that any determinations made by the Academic Salaries Tribunal before the Act's commencement continue to have effect as if made under the amended Act, thus preserving the legal continuity of previous decisions (section 6). Although the Act does not specify penalties, breaches of the terms of appointment or eligibility could result in the invalidity of the Tribunal's actions, thereby impacting the legal standing of its determinations.