Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 391, titled "Remuneration Tribunals (Miscellaneous Provisions) Regulations 2 (Amendment)", was enacted in 1981 by the Governor-General of the Commonwealth of Australia, on the advice of the Federal Executive Council, under the Remuneration Tribunals Act 1973. The objective of these regulations was to amend the existing remuneration regulations to ensure they appropriately covered new and specific roles within various entities, thereby addressing gaps in the initial regulatory framework. This amendment was made to align the remuneration provisions with the evolving needs of public offices and appointments, ensuring fairness and consistency in the application of remuneration standards across different sectors and authorities. The regulations were published in the Commonwealth of Australia Gazette on 20 March 1981, reflecting the intent to update and clarify the scope of the original regulations.

Scope and Application

The Remuneration Tribunals (Miscellaneous Provisions) Regulations 1981, as amended, apply to prescribed offices and appointments within the Commonwealth of Australia, extending to members of the Aboriginal Corporation of the National Aboriginal Conference, appointments under the regulation 6 of the Census Regulations, and members of the Australian Capital Territory Schools Authority. The amendments to the Regulations are made under the authority of the Remuneration Tribunals Act 1973, and are intended to clarify and expand the scope of the prescribed offices and appointments that fall under the jurisdiction of the Remuneration Tribunals. The geographic reach of these Regulations is national, applying across the Commonwealth. The Regulations are designed to ensure that remuneration for certain public offices and appointments is determined by the Remuneration Tribunals, thereby maintaining fairness and consistency in remuneration practices. The Regulations extend their application through subordinate instruments, as evidenced by the amendments made in Statutory Rules 1981 No. 391.

Key Provisions

The Remuneration Tribunals (Miscellaneous Provisions) Regulations 1981 (Amendment) amend existing regulations to update the list of prescribed offices and appointments for the purposes of determining remuneration. Regulation 4 now includes the "member of the Aboriginal Corporation" within its purview (Regulation 1). This change ensures that members of the Aboriginal Corporation are subject to the remuneration determinations made by the Remuneration Tribunal. Regulation 5 is amended to add "an appointment under regulation 6 of the Census Regulations" to the list of prescribed offices (Regulation 2). This inclusion ensures that individuals holding such appointments are also covered by the Tribunal’s remuneration determinations. Regulation 9 specifies that the term "member" now refers to a member of the Australian Capital Territory Schools Authority, as outlined in paragraphs 10(1)(b), (c), or (e) of the relevant ordinance (Regulation 3(1)). This regulation clarifies the scope of the Tribunal's authority over the remuneration of these members. The amended Regulations impose specific obligations on the entities and individuals covered by these provisions. They mandate that remuneration for the specified offices and appointments be determined in accordance with the Remuneration Tribunals Act 1973. This means that the remuneration for members of the Aboriginal Corporation, those under the Census Regulations, and members of the Australian Capital Territory Schools Authority must now be assessed by the Remuneration Tribunal. The Tribunal's role is to ensure that the remuneration is fair and consistent with the legislative framework. Failure to comply with the determinations made by the Remuneration Tribunal can result in legal consequences. While the specific offences and penalties are not detailed in these Regulations, breaches of the Tribunal’s orders can generally lead to civil or criminal actions under the Remuneration Tribunals Act 1973. This could include fines or other penalties as prescribed by the relevant legislation. It is important for the covered entities and individuals to adhere to the Tribunal’s determinations to avoid potential legal ramifications.