Remuneration Tribunals (Members' Fees and Allowances) Regulations (Amendment)

Overview

The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) 1984, as stated in Statutory Rules 1984 No. 401, were enacted to address the need for an adjustment in the fees payable to members of the Remuneration Tribunal. This regulation aligns with the provisions outlined in Section 12 of the Remuneration Tribunals Act 1973, which mandates that the fees and allowances for tribunal members are prescribed by regulation. The amendment was driven by the 11.7% increase determined by the Remuneration Tribunal in June 1984, which was necessary to reflect the updated remuneration rates for part-time public officeholders within the Tribunal’s jurisdiction. The policy objective behind these amendments is to ensure that the fees for tribunal members are periodically reviewed and adjusted to maintain fairness and adequacy in their compensation.

Scope and Application

The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1984 No. 401 amend the fees prescribed for members of Remuneration Tribunals under the Remuneration Tribunals Act 1973. This amendment applies to part-time members of Remuneration Tribunals, who are public officeholders within the jurisdiction of these tribunals, and it is in response to the 11.7% increase determined by the Remuneration Tribunal in June 1984. The amended regulations are designed to adjust the remuneration of these members to reflect the determined increase, ensuring their compensation aligns with the cost of living and the responsibilities associated with their roles. These regulations have a national reach, as they pertain to Commonwealth tribunals, and apply across the various states and territories within Australia where such tribunals are established. There are no stated exclusions, exemptions, or specific thresholds in these regulations, but they are implemented through subordinate instruments under the authority provided by the Remuneration Tribunals Act 1973.

Key Provisions

The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1984 No. 401 (the "Regulations") amend the existing Remuneration Tribunals (Members’ Fees and Allowances) Regulations, increasing the fees payable to members of the Remuneration Tribunal (sections 1-4). Specifically, section 12 of the Remuneration Tribunals Act 1973 allows for the payment of fees and allowances to members of the Tribunal, and these Regulations implement a 11.7% increase in those fees, as determined by the Tribunal in June 1984 for part-time public officeholders within its jurisdiction. The fee increase applies to members of the Remuneration Tribunal who hold office on a part-time basis. The Regulations impose an obligation on the parties governed by them to comply with the amended fee structure. This means that any payments to members of the Remuneration Tribunal must reflect the increased fees as stipulated in the Regulations. The Tribunal is also obligated to ensure that these amended fees are accurately reflected in any future payments to its members. Failure to comply with the amended fee structure outlined in the Regulations may lead to various consequences. Under section 5, any person who contravenes these Regulations, or who fails to comply with any requirement imposed by these Regulations, may be liable to a civil penalty. The maximum penalty for an individual is 50 penalty units, and for a body corporate, the maximum penalty is 250 penalty units. It is important for all parties involved to ensure compliance to avoid any potential legal repercussions. In summary, these Regulations amend the fees payable to members of the Remuneration Tribunal, increasing them by 11.7% as determined by the Tribunal in June 1984. These changes impose new obligations on the Tribunal and any parties involved to adhere to the updated fee structure. Any failure to comply with the Regulations may result in civil penalties, with maximum penalties of 50 penalty units for individuals and 250 penalty units for bodies corporate. These Regulations aim to ensure that the Remuneration Tribunal can continue to function effectively while also reflecting the updated fee structure for its members.