Statutory Rules 1981 No. 2141
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Remuneration Tribunals (Miscellaneous Provisions) Regulations2 (Amendment)
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Remuneration Tribunals Act 1973.
Dated 30 July 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
KEVIN NEWMAN
Minister of State for Administrative Services
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The Remuneration Tribunals (Miscellaneous Provisions) Regulations are amended by adding at the end thereof the following regulation:
Office of Commissioner of the Legal Aid Commission (A.C.T.)
“13. (1) A person who—
(a) holds the office of the Commissioner of the Legal Aid Commission (A.C.T.) referred to in paragraph 7 (1) (g) of the Legal Aid Ordinance 1977 of the Australian Capital Territory; and
(b) holds any office or appointment, 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 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,
is entitled to be paid the remuneration that the Tribunal from time to time determines to be the remuneration to be paid to a person holding the office referred to in paragraph (a).
“(2) This regulation shall be deemed to have come into operation on 11 December 1980.”.
1. Notified in the Commonwealth of Australia Gazette on 7 August 1981.
2. Statutory Rules 1976 No. 104 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 39 and see also Statutory Rules 1981 Nos. 39, 124 and 140.
Overview
The Remuneration Tribunals (Miscellaneous Provisions) Regulations 1981, enacted by the Commonwealth of Australia, are an amendment to the Statutory Rules of 1976, introduced to address the need for consistent and fair remuneration practices for public sector officials, including those in the Australian Capital Territory. The objective of this regulation is to ensure that individuals holding significant positions, such as the Commissioner of the Legal Aid Commission in the A.C.T., receive remuneration that reflects their roles and responsibilities, as determined by the Remuneration Tribunal. This amendment specifically targets individuals who hold full-time positions within the Commonwealth or its territories, ensuring that their compensation aligns with the standards set by the Tribunal, thereby maintaining equity and transparency in public sector remuneration.
Scope and Application
The Remuneration Tribunals (Miscellaneous Provisions) Regulations, as amended, pertain to the determination of remuneration for specific public sector positions within the Australian Capital Territory. These regulations apply to individuals who hold the office of the Commissioner of the Legal Aid Commission in the A.C.T., as well as those who are employed on a full-time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, or an incorporated company where the Commonwealth or a public statutory corporation holds all beneficial ownership of the stock or shares. The application of these regulations is specific to the roles and entities within the Australian Capital Territory, thereby limiting its jurisdictional reach to this region. The amendments made by this statutory rule are designed to ensure that the remuneration of these officials is assessed and determined by the Remuneration Tribunal, thereby maintaining consistency and fairness in their compensation. These regulations do not explicitly mention any exclusions or thresholds, but they do extend the application of the Remuneration Tribunals Act 1973 to the specified roles in the A.C.T.
Key Provisions
The Remuneration Tribunals (Miscellaneous Provisions) Regulations 1981 (Amendment) introduces a new regulation concerning the remuneration for the Commissioner of the Legal Aid Commission in the Australian Capital Territory (ACT). Under section 13, the regulation states that a person holding the office of the Commissioner, as defined in the Legal Aid Ordinance 1977, is entitled to remuneration determined by the Remuneration Tribunal. This applies if the individual also holds a full-time position within the Commonwealth government, a Territory Administration, a public statutory corporation, or a company where the Commonwealth or a public statutory corporation beneficially owns all the stock or shares. The regulation clarifies that the entitlement to remuneration is determined by the Tribunal and is effective from 11 December 1980.
The regulation imposes specific obligations on the entities involved. Firstly, the Remuneration Tribunal is tasked with determining the appropriate remuneration for the Commissioner of the Legal Aid Commission in the ACT. This ensures that the remuneration is aligned with the duties and responsibilities associated with the office. Additionally, the entities employing the Commissioner must ensure compliance with the remuneration determinations made by the Tribunal. This includes the Commonwealth, Territory Administrations, public statutory corporations, and companies where the Commonwealth or a public statutory corporation holds beneficial ownership of all stock or shares.
Failure to comply with the remuneration determinations set by the Tribunal may lead to legal consequences. While the specific penalties are not detailed in the text, it is reasonable to infer that breaches of the regulations could lead to civil or administrative actions. These may include legal proceedings to enforce the payment of the determined remuneration, or other remedies as deemed appropriate by the relevant authorities. Additionally, there may be implications for the employment terms and conditions of the Commissioner, which could result in disputes or further legal actions if not properly adhered to.