Statutory Rules
1978 No. 57
REGULATION UNDER THE REMUNERATION TRIBUNALS ACT 1973*
I, THE GOVERNOR-GENERAL 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 this twenty-sixth day of April 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
R. G. Withers
Minister of State for Administrative Services
AMENDMENT OF THE REMUNERATION TRIBUNALS (MISCELLANEOUS PROVISIONS) REGULATIONS†
The Remuneration Tribunals (Miscellaneous Provisions) Regulations are amended by adding at the end thereof the following regulation:
Office of member of the Australian Capital Territory Schools Authority
“ 9. A person who—
(a) on a part-time basis holds, or performs the duties of, the office of member of the Australian. Capital Territory Schools Authority constituted by the Schools Authority Ordinance 1976 of the Australian Capital Territory, being a person appointed under sub-section 10 (2) of that Ordinance as a result of being nominated by the body or organization referred to in paragraph 10 (1) (b) or 10 (1) (c) of that Ordinance to hold, or perform the duties of, that office; and
(b) is a person who holds any office or employment, or is otherwise employed, on a full-time basis in the service or employment of the Commonwealth, the Administration of
* Notified in the Commonwealth of Australia Gazette on 2 May 1978.
† Statutory Rules 1976, No. 104 as amended by Statutory Rules 1976. No. 285; and 1977, Nos. 1 and 229.
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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, or performing the duties of, the office referred to in paragraph (a) on a part-time basis.”.
Printed by Authority by the Commonwealth Government Printer
Overview
Statutory Rules 1978 No. 57, made under the Remuneration Tribunals Act 1973, addresses the need to establish specific remuneration provisions for part-time members of the Australian Capital Territory Schools Authority. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to provide clarity and consistency in the payment of remuneration to part-time members of the Authority who also hold other full-time positions within the Commonwealth or related entities. This legislative instrument seeks to ensure that these members receive fair and determined compensation reflective of their dual roles, thereby maintaining equitable standards across public service roles.
Scope and Application
The Remuneration Tribunals (Miscellaneous Provisions) Regulations, as amended by Statutory Rules 1978 No. 57, extend to include members of the Australian Capital Territory Schools Authority who hold their office on a part-time basis and perform duties as nominated by certain bodies or organisations under the Schools Authority Ordinance 1976. This regulation applies specifically to individuals who, in addition to their part-time role with the Schools Authority, are employed on a full-time basis by the Commonwealth, the Administration of the Territory, a public statutory corporation, or an incorporated company fully owned by the Commonwealth or a public statutory corporation. The scope of the amendment ensures that these part-time members receive remuneration determined by the Remuneration Tribunal, aligning their compensation with that of their full-time counterparts. The regulation does not explicitly state any exclusions or thresholds, but it implicitly excludes individuals who do not meet the dual employment criteria outlined. The regulation's jurisdictional reach is confined to the Australian Capital Territory, impacting the remuneration structure for part-time members of the Schools Authority within this specific region.
Key Provisions
The key operative sections of the Remuneration Tribunals (Miscellaneous Provisions) Regulations 1978 relate to the payment of remuneration to members of the Australian Capital Territory Schools Authority. Section 9 of the Regulations introduces an amendment, stipulating that a part-time member of the Australian Capital Territory Schools Authority, who is also employed full-time by the Commonwealth, a Territory government, a public statutory corporation, or a company wholly owned by the Commonwealth or a public statutory corporation, is entitled to remuneration determined by the Remuneration Tribunal. This regulation is aimed at ensuring that part-time members of the Authority, who also hold full-time positions in public or government-related entities, receive appropriate compensation for their part-time duties.
The obligations imposed by this amendment require the Remuneration Tribunal to determine and set the remuneration for part-time members of the Australian Capital Territory Schools Authority who are also employed full-time in specific sectors. This includes ensuring that the remuneration is fair and commensurate with the duties performed by these part-time members. The Tribunal must also consider the full-time employment status of these members when determining their part-time remuneration to prevent any undue financial advantage or conflict of interest.
Failure to comply with the provisions of this regulation may result in legal consequences. Although the specific offences and penalties are not detailed within the text of the regulation itself, breaches of the Remuneration Tribunals Act 1973 or its regulations could potentially lead to civil or criminal liability. Under Australian law, non-compliance with remuneration determinations could result in fines or other penalties as prescribed by the relevant legislation. The maximum penalties for such offences can vary, but they are typically determined by the severity of the breach and the discretion of the court or tribunal overseeing the matter.