EXPLANATORY STATEMENT
STATUTORY RULES 1985 No.188
REMUNERATION TRIBUNALS (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT)
These regulations amend the Remuneration Tribunals (Miscellaneous Provisions) Regulations consequential upon amendments to the Census and Statistics Act 1905 and the Remuneration Tribunals Act 1973, remove the reference to a Royal Commission no longer held and make an exception to sub-section 7(11) of the Remuneration Tribunals Act 1973, which provides that certain full-time public servants and other Commonwealth employees may not receive remuneration for holding a part-time public office, except as prescribed or authorised by another law of the Commonwealth or a Territory.
Regulation 1 cites the Principal Regulations.
Regulation 2 reflects amendments to the Census and Statistics Act 1905
Regulation 3 reflects an amendment to the Remuneration Tribunals Act 1973, removes the reference to the Royal Commission no longer in existence, makes an exception to sub-section 7(11) and cites the day of commencement.
Overview
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1985 No. 188 were enacted to address discrepancies and outdated references in the existing Remuneration Tribunals (Miscellaneous Provisions) Regulations, consequential to amendments in the Census and Statistics Act 1905 and the Remuneration Tribunals Act 1973. The regulations were introduced by the Parliament of Australia to ensure that the laws governing remuneration tribunals are up-to-date and reflective of current administrative structures. This amendment specifically targets the removal of references to a Royal Commission that no longer exists and modifies the remuneration provisions for certain full-time public servants and other Commonwealth employees, allowing them to receive remuneration for part-time public offices under certain conditions. The overarching policy objective is to maintain the integrity and functionality of remuneration tribunals by ensuring regulatory provisions are current and relevant to the contemporary legislative and administrative framework.
Scope and Application
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1985 No. 188 apply to the operations and procedures of the Remuneration Tribunals in Australia, impacting the remuneration of certain full-time public servants and other Commonwealth employees who may hold part-time public offices. The regulations are designed to ensure that these employees comply with the prescribed remuneration limits and conditions as outlined in the Remuneration Tribunals Act 1973. These regulations have a national jurisdictional reach, extending across the Commonwealth of Australia and affecting entities and individuals governed by the specified Acts. Notably, the regulations amend the Remuneration Tribunals (Miscellaneous Provisions) Regulations to reflect legislative changes in the Census and Statistics Act 1905 and the Remuneration Tribunals Act 1973, as well as removing outdated references to a Royal Commission that no longer exists. Furthermore, the regulations introduce an exception to subsection 7(11) of the Remuneration Tribunals Act 1973, allowing certain full-time public servants and other Commonwealth employees to receive remuneration for holding part-time public offices under specific conditions, as prescribed or authorised by another Commonwealth or Territory law. The regulations will be effective from the date of their commencement and may be further extended or restricted through subordinate instruments.
Key Provisions
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) primarily serve to align the existing regulations with recent legislative changes. Regulation 2 (Section 2) updates references to the Census and Statistics Act 1905, ensuring that the remuneration tribunals' processes remain consistent with the latest census data and statistics requirements. Regulation 3 (Section 3) addresses changes to the Remuneration Tribunals Act 1973, specifically removing references to a Royal Commission that is no longer in operation. Additionally, it introduces an exception to subsection 7(11) of the Act, permitting certain full-time public servants and Commonwealth employees to receive remuneration for holding a part-time public office, provided this is prescribed or authorised by another Commonwealth or Territory law.
These regulations impose several obligations on the parties and entities they govern. Firstly, they require that remuneration tribunals consider updated census and statistical data when determining salaries and other forms of remuneration. Secondly, they mandate that tribunals adhere to the specific exceptions and conditions outlined in the amended subsection 7(11), ensuring that remuneration practices for part-time public offices are in line with prescribed or authorised laws. Additionally, tribunals must ensure that any changes or exceptions are transparently documented and communicated to relevant stakeholders.
Failure to comply with these regulations could result in various consequences. Although the specific offences and penalties are not detailed within these regulations, general principles of administrative law would apply. This could include fines, legal actions, or other administrative penalties for non-compliance. Additionally, any misinterpretation or incorrect application of the amended provisions could lead to disputes over remuneration, potentially resulting in further legal proceedings or financial repercussions for the entities involved.
Overall, these amendments aim to streamline and modernise the remuneration practices for public servants and other Commonwealth employees. By ensuring that tribunals are up-to-date with the latest legislative changes and statistical data, the regulations seek to maintain fairness and consistency in remuneration processes. The inclusion of specific exceptions under subsection 7(11) also provides flexibility, allowing for tailored remuneration practices where necessary, subject to legal authorisation.