EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 32
REMUNERATION TRIBUNALS (MEMBERS’ FEES AND ALLOWANCES) REGULATIONS (AMENDMENT)
Section 12 of the Remuneration Tribunals Act 1973 provides that a member of the Remuneration Tribunal shall be paid such fees and allowances as are prescribed. Section 13 provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed.
These regulations amend the Remuneration Tribunals (Members’ Fees and Allowances) Regulations to increase the fees payable to members by the 4.3% increase determined by the Remuneration Tribunal in its 1983 Review for part-time public officeholders within its jurisdiction. They also prescribe that the allowances payable to members are the allowances payable to an officer of the Australian Public Service. The regulations have retrospective effect from 6 October 1983, the date of effect of the Tribunal’s 1983 Review.
Overview
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1984 were enacted to align the remuneration of members of the Remuneration Tribunal with the adjustments determined by the Tribunal in its 1983 Review. This legislation, issued under the authority of the Remuneration Tribunals Act 1973, was introduced to ensure that the fees and allowances for members of the Tribunal are updated in accordance with the review findings. The primary objective of these regulations is to adjust the remuneration of part-time public officeholders, as prescribed by the Remuneration Tribunal, and to establish the allowances payable to members in line with those provided to Australian Public Service officers. The amendments have retrospective effect from 6 October 1983, reflecting the timing of the Tribunal’s review.
Scope and Application
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1984 No. 32 applies to members of the Remuneration Tribunals as specified under the Remuneration Tribunals Act 1973. These members are public officeholders who are compensated through fees and allowances as prescribed by the Act, with the amendments now reflecting a 4.3% increase determined by the Tribunal in its 1983 Review. The application of these regulations extends across the Commonwealth of Australia, aligning with the jurisdictional scope of the Remuneration Tribunals Act. The amendments do not explicitly exclude any particular persons or entities but are tailored to the specific remuneration structure for part-time members of the Tribunal, and the allowances payable are set in accordance with those applicable to officers of the Australian Public Service. The regulations are effective from 6 October 1983, indicating a retrospective effect to ensure the increased fees and allowances are applicable from the date of the Tribunal's review.
Key Provisions
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1984 No. 32 (the "Regulations") amend the existing Remuneration Tribunals (Members’ Fees and Allowances) Regulations to update the fees and allowances payable to members of the Remuneration Tribunal. The principal amendments are introduced pursuant to sections 12 and 13 of the Remuneration Tribunals Act 1973 (the "Act"). Section 12 of the Act mandates that members of the Remuneration Tribunal must be paid fees and allowances as prescribed by regulation, while section 13 grants the Governor-General the power to make regulations prescribing all matters required or permitted by the Act. These Regulations are effective from 6 October 1983, the date the Tribunal’s 1983 Review came into effect, thereby applying retrospectively.
The Regulations introduce significant changes to the remuneration structure for members of the Remuneration Tribunal. Specifically, they increase the fees payable to part-time members by 4.3%, in line with the Tribunal's 1983 Review findings. This adjustment ensures that the remuneration for these members aligns with the determined percentage increase, reflecting changes in economic conditions and cost of living adjustments. Additionally, the Regulations specify that the allowances payable to members are equivalent to those provided to officers of the Australian Public Service. This alignment ensures consistency and fairness in the allowances provided to tribunal members compared to other public officeholders.
Entities governed by these Regulations, primarily the Remuneration Tribunal and its members, must adhere to the updated fees and allowances as prescribed. The Tribunal is required to ensure that its members are compensated in accordance with the amended Regulations, and this includes revising any existing agreements or contracts to reflect the new remuneration rates. The Australian Public Service must also be prepared to provide comparable allowances to tribunal members, ensuring a uniform standard of compensation across public officeholders.
Failure to comply with the Regulations may result in legal consequences for both the Tribunal and its members. While the Regulations do not explicitly outline specific penalties for non-compliance, breaches of statutory provisions can lead to legal actions for non-payment of prescribed fees and allowances. Tribunal members may face disciplinary actions if they do not receive or accept the updated remuneration as required by the Regulations. The tribunal itself might also face scrutiny or legal challenges if it fails to enforce the correct payment of fees and allowances. The potential civil or criminal consequences underscore the importance of adhering to the provisions outlined in the Regulations.