EXPLANATORY STATEMENT
Statutory Rules 1984 No. 179
Subject: Sex Discrimination Act 1984
Sex Discrimination Commissioner (Allowances) Regulations
Section 116 of the Sex Discrimination Act 1984 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 98 (1) of the Act provides that the Sex Discrimination Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.
Sub-section 98 (2) of the Act provides that the Commissioner shall be paid such allowances as are prescribed.
Sub-section 98 (3) of the Act provides that the section has effect subject to the Remuneration Tribunals Act 1973.
The proposed Sex Discrimination Commissioner (Allowances) Regulations seek to provide for the payment of allowances at the rate payable to an officer of the Australian Public Service.
As the Act has been proclaimed to come into operation on 1 August 1984 the proposed regulations are made in reliance on section 4 of the Acts Interpretation Act 1901. That section provides, in effect, that where an Act has not yet come into operation regulations may be made as if the Act had come into operation but they do not take effect until the Act comes into operation.
Details of the proposed regulations are as follows:
• Regulation 1 provides that the regulations may be cited as the Sex Discrimination Commissioner (Allowances) Regulations.
• Regulation 2 provides that for the purposes of sub-section 98 (2) of the Act, allowances payable shall be those applicable to an officer of the Australian Public Service.
Authority Section 116 of the Sex Discrimination Act 1984
Overview
The Sex Discrimination Act 1984 was enacted to provide for the elimination of discrimination on the basis of sex in various areas, including employment, education, and the provision of goods and services. This Act was introduced to address the gap in legal protection against sex-based discrimination, ensuring equal opportunities and treatment for all individuals, regardless of gender. The Act was enacted by the Parliament of Australia and its policy objective is to promote gender equality and eliminate discriminatory practices in society. The Sex Discrimination Commissioner (Allowances) Regulations, made under section 116 of the Act, aim to provide for the payment of allowances to the Sex Discrimination Commissioner at a rate equivalent to that of an officer of the Australian Public Service, ensuring appropriate remuneration for the role. These regulations were made in reliance on section 4 of the Acts Interpretation Act 1901, allowing for the creation of regulations that take effect upon the Act's commencement.
Scope and Application
The Sex Discrimination Commissioner (Allowances) Regulations 1984 pertain to the Sex Discrimination Act 1984 and are designed to address the remuneration and allowances of the Sex Discrimination Commissioner, as outlined in sections 98(2) and 98(3) of the Act. The regulations specifically mandate that the allowances payable to the Commissioner should be equivalent to those applicable to an officer of the Australian Public Service, thereby ensuring consistency in compensation for this role within the federal framework. These regulations apply to the Sex Discrimination Commissioner, and their purpose is to implement the provisions of the Sex Discrimination Act, which aims to eliminate discrimination on the grounds of sex, marital status, pregnancy, and potential pregnancy, among others, in various areas such as employment, education, and the provision of goods and services.
The regulations are formulated under the authority of section 116 of the Sex Discrimination Act 1984, which empowers the Governor-General to make regulations necessary or convenient to carry out the Act, provided they do not conflict with its provisions. The scope of these regulations is confined to the allowances for the Sex Discrimination Commissioner, and they do not extend to other forms of remuneration which, as per section 98(1) of the Act, are determined by the Remuneration Tribunal. These regulations, made in reliance on section 4 of the Acts Interpretation Act 1901, come into effect upon the proclamation of the Sex Discrimination Act, which was set for 1 August 1984.
Key Provisions
The Sex Discrimination Commissioner (Allowances) Regulations establish the allowances that the Sex Discrimination Commissioner is entitled to receive under the Sex Discrimination Act 1984. Specifically, Regulation 2 of these Regulations, made under the authority of section 116 of the Act, mandates that the allowances payable to the Commissioner should be equivalent to those applicable to an officer of the Australian Public Service. This alignment with the public service's pay structure ensures consistency and fairness in the allowances provided to the Commissioner. The regulation operates under the condition that if no determination of the Commissioner's remuneration has been made by the Remuneration Tribunal, the prescribed allowances will apply.
These Regulations impose a clear requirement on the administrative bodies involved in the Sex Discrimination Act 1984 to ensure that the Sex Discrimination Commissioner receives allowances that are on par with those of Australian Public Service officers. This includes the obligation to determine and process these allowances in accordance with the prescribed rates. The regulation ensures that the Commissioner’s financial compensation is transparent and consistent with public service standards, thereby upholding the integrity of the role.
In terms of compliance and consequences, breaches of the regulations would typically involve administrative errors in the calculation or payment of allowances. While specific penalties are not detailed within the explanatory statement, breaches could lead to financial discrepancies and potentially necessitate corrective actions by the relevant authorities to ensure compliance. The precise civil or criminal consequences for non-compliance would depend on the nature of the breach and the context in which it occurs. However, the main focus remains on ensuring that the Commissioner's allowances are accurately and fairly determined in line with the stipulated public service rates.