EXPLANATORY STATEMENT
Statutory Rules 1988 No 355
Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 13 of the Remuneration Tribunals Act 1973 (the Act) provides that:
“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 that:
“ … (11) Except as prescribed, or as authorized 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 appointments, 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.”
Ms Rosemary Follett was appointed to the part-time position of member of the ACT Milk Authority from 18 November 1986. That position is a “public office” as defined in subsection 3(4) of the Act.
As Ms Follett is also a full-time officer of the Australian Public Service, an exemption from the provisions of subsection 7(11) of the Act has been made so that she might receive remuneration for the performance of her duties as a member of the ACT Milk Authority. The duties of her part-time office are unrelated to those of her full-time office. The exemption is consistent with guidelines issued by the Minister for Administrative Services in June 1978.
The exemption operates prospectively from the date of gazettal of the Statutory Rule.
A regulation has been made to amend regulation 6 of the Remuneration Tribunals (Miscellaneous Provisions) Regulations to exempt the appointment of Ms Follett from the operation of subsection 7(11) of the Act.
Overview
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) 1996 (F1996B02440) were enacted to address a specific situation concerning the payment of remuneration to individuals holding both part-time and full-time public offices. This regulation, issued by the authority of the Minister for Industrial Relations, amends existing provisions to allow an exemption for Ms Rosemary Follett, who was appointed to a part-time position with the ACT Milk Authority while also holding a full-time position within the Australian Public Service. The underlying issue this regulation seeks to resolve is the potential conflict between the requirements of holding multiple offices and the provisions set out in the Remuneration Tribunals Act 1973, which generally prohibit part-time public office remuneration for individuals also employed full-time by the Commonwealth or related entities. The policy objective is to ensure fair and consistent application of remuneration laws while accommodating exceptional circumstances where part-time public service is undertaken by those already in full-time public employment.
Scope and Application
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) Statutory Rule 1988 No. 355 amends the existing regulations to exempt Ms Rosemary Follett from the application of subsection 7(11) of the Remuneration Tribunals Act 1973. This Act generally prohibits individuals holding full-time positions in specified sectors from receiving remuneration for part-time public offices, ensuring that remuneration is not duplicated across multiple roles. This amendment allows Ms Follett, who is a full-time officer of the Australian Public Service, to receive remuneration for her part-time position as a member of the ACT Milk Authority, provided her duties in both roles remain distinct. The exemption aligns with the guidelines established by the Minister for Administrative Services in June 1978 and applies from the date the Statutory Rule was gazetted. The regulation's amendment does not alter the broader scope of the Act but provides a specific exemption for Ms Follett in accordance with the statutory authority granted under section 13 of the Act.
Key Provisions
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1988 No 355 introduces an amendment to regulation 6 of the Remuneration Tribunals (Miscellaneous Provisions) Regulations. This amendment is designed to exempt Ms Rosemary Follett, a full-time officer of the Australian Public Service, from the general prohibition on part-time public office remuneration outlined in subsection 7(11) of the Remuneration Tribunals Act 1973 (the Act). Ms Follett was appointed to the part-time position of member of the ACT Milk Authority on 18 November 1986, and her duties in this role are unrelated to those of her full-time position. The amendment is consistent with the guidelines issued by the Minister for Administrative Services in June 1978, and it operates prospectively from the date of gazettal of the Statutory Rule.
The key requirement of this amendment is that it allows Ms Follett to receive remuneration for her part-time position as a member of the ACT Milk Authority, despite her holding a full-time position in the Australian Public Service. This exemption is made under the authority of section 13 of the Act, which empowers the Governor-General to make regulations to prescribe matters necessary for carrying out the Act. The amendment is also consistent with subsection 7(11) of the Act, which generally prohibits part-time remuneration for public office holders who are also employed on a full-time basis by the Commonwealth or related entities, unless an exemption or authorisation applies.
The Act imposes obligations on several parties. Ms Follett, as the individual benefiting from the exemption, must ensure that her part-time duties as a member of the ACT Milk Authority do not conflict with her full-time duties in the Australian Public Service. The Minister for Industrial Relations, who issued the amendment, must ensure that the amendment aligns with the broader objectives and guidelines of the Act. Additionally, the Remuneration Tribunals themselves must consider the implications of this exemption when determining remuneration for other part-time public office holders. The amendment also necessitates that all involved parties adhere to the guidelines issued by the Minister for Administrative Services in June 1978.
There are no specific offences, penalties, or consequences outlined in the amendment for breach of the Act or the regulations. However, the Act generally prohibits part-time remuneration for public office holders in full-time employment without proper exemption or authorisation. Breach of this prohibition could result in legal consequences under the Act. While the amendment provides a specific exemption for Ms Follett, other part-time public office holders who do not meet the criteria for exemption may face disciplinary action or be required to relinquish their part-time remuneration. The maximum penalties for breaches of the Act are not specified in the amendment but would typically be determined by the relevant courts and tribunals.