EXPLANATORY STATEMENT
Statutory Rules 1988 No 320
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.”
Mr Henry Bosch was appointed to the part-time position of Deputy Chairman of the Civil Aviation Authority on 17 June 1988. That position is a “public office” as defined in sub-section 3(4) of the Act.
As Mr Bosch is also full-time Chairman of the National Companies and Securities Commission, his appointment has been prescribed for the purposes of subsection 7(11) of the Act to enable him to receive remuneration for the performance of his duties in the office of Deputy Chairman of the Civil Aviation Authority. The duties of his part-time office are unrelated to those of his full-time office. The proposal to remunerate Mr Bosch for both offices is consistent with guidelines issued by the Minister for Administrative Services in June 1978.
Regulation 6 of the Remuneration Tribunals (Miscellaneous Provisions) Regulations has been amended in order to prescribe the appointment of Mr Bosch to the office of Deputy Chairman of the Civil Aviation Authority under subsection 7(11) of the Act. This action will enable Mr Bosch to be remunerated in relation to the duties he will perform in that office.
Overview
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) 1988 was enacted to address the specific circumstance of Mr Henry Bosch, who was appointed to the part-time position of Deputy Chairman of the Civil Aviation Authority while also holding a full-time position as Chairman of the National Companies and Securities Commission. This amendment was introduced to ensure that Mr Bosch could be remunerated for both roles, which was consistent with the guidelines issued by the Minister for Administrative Services in June 1978. The regulation was issued by the Authority of the Minister for Industrial Relations and aligns with section 13 of the Remuneration Tribunals Act 1973, which allows the Governor-General to make regulations not inconsistent with the Act for carrying out or giving effect to it. The policy objective is to provide clarity and ensure equitable remuneration for individuals holding multiple offices, particularly in public service roles.
Scope and Application
The Remuneration Tribunals Act 1973 applies to the remuneration of individuals holding public office on a part-time basis, specifically prohibiting the payment of such remuneration unless certain conditions or exceptions are met. The Act is applicable to individuals who hold part-time public offices while also being employed full-time by the Commonwealth, the Administration of a Territory, a public statutory corporation, an incorporated company specified in the Act, or a company whose stock or shares are beneficially owned by the Commonwealth or a public statutory corporation. This prohibition is outlined in subsection 7(11) of the Act, and exceptions can be made by regulation or under other laws. The Remuneration Tribunals (Miscellaneous Provisions) Regulations 1988 have been amended to specifically allow Mr Henry Bosch, who holds a part-time position as Deputy Chairman of the Civil Aviation Authority while also serving full-time as Chairman of the National Companies and Securities Commission, to receive remuneration for his part-time role. This amendment is consistent with the guidelines issued by the Minister for Administrative Services in June 1978, which permit such dual remuneration under certain conditions.
Key Provisions
The key provisions of the Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) concern the remuneration of public office holders who are also employed on a full-time basis by entities such as the Commonwealth or public statutory corporations. Section 13 of the Remuneration Tribunals Act 1973 allows the Governor-General to make regulations that prescribe matters necessary to carry out the Act, including those related to remuneration. Regulation 6 has been amended to specifically address the remuneration of Mr Henry Bosch, who holds a part-time position as Deputy Chairman of the Civil Aviation Authority while also serving as the full-time Chairman of the National Companies and Securities Commission.
The obligations imposed by these regulations require that individuals holding part-time public offices, such as Mr Bosch, must be prescribed by regulation unless they are already authorised or approved by other laws. This ensures that any exceptions to the general rule prohibiting part-time public office remuneration are clearly defined and authorised. The regulations must also adhere to the guidelines issued by the Minister for Administrative Services, as outlined in the explanatory statement. This means that any remuneration arrangement must comply with existing policies and principles, such as those that ensure the duties of part-time and full-time positions are unrelated.
Failure to comply with the provisions of the Remuneration Tribunals Act 1973 and its regulations could result in significant consequences. Firstly, individuals who are not prescribed by regulation or otherwise authorised by law would not be entitled to remuneration for their part-time public office duties. This could lead to legal disputes and financial implications for those attempting to claim such remuneration unlawfully. Secondly, breaches of the Act could result in administrative penalties or even criminal charges, depending on the severity and intent of the violation. The maximum penalties for such offences are not explicitly stated in the explanatory statement, but they would typically be determined by the specific provisions of the Act and any related legislation.
In summary, the amended regulations under the Remuneration Tribunals (Miscellaneous Provisions) Regulations allow for the specific case of Mr Bosch to be remunerated for his part-time role as Deputy Chairman of the Civil Aviation Authority while holding a full-time position with the National Companies and Securities Commission. These regulations ensure compliance with the Remuneration Tribunals Act 1973 and uphold the guidelines issued by the Minister for Administrative Services. Any failure to adhere to these provisions could result in legal and financial repercussions for the individuals involved.