EXPLANATORY STATEMENT
Issued by the authority of the Assistant Cabinet Secretary,
Parliamentary Secretary to the Cabinet Secretary
Remuneration Tribunal Act 1973
Remuneration Tribunal (Members' Fees and Allowances) Regulation 2016
The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal
(the Tribunal) as an independent statutory authority responsible for reporting on and
determining the remuneration, allowances and entitlements of key Commonwealth office
holders. These include members of the Parliament, Judges of Federal Courts and Territory
Supreme Courts, most full-time and part-time holders of public offices and Principal
Executive Offices.
The Tribunal advises boards and Ministers on the remuneration of Chief Executive Officers
of certain Government Business Enterprises. It also advises Ministers on the remuneration of
Heads of Executive Agencies and the Prime Minister on the remuneration of Secretaries of
Departments.
Section 17 of the Act provides that the Governor-General may make regulations, not
inconsistent with the Act, prescribing all matters required or permitted by the Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the
Act.
Under Section 4 of the Remuneration Tribunal Act 1973 (the Act), the Tribunal consists of
three members appointed by the Governor-General on a part-time basis, one of whom is also
appointed as President of the Tribunal. Section 12 of the Act provides that a member of the
Tribunal shall be paid such fees and allowances as are prescribed by the Remuneration
Tribunal (Members Fees and Allowances) Regulations 2005 (the 2005 Regulations).
The 2005 Regulations will sunset on 1 April 2016. The proposed Remuneration Tribunal
(Members’ Fees and Allowances) Regulation 2016 (the proposed Regulation) will replicate
the 2005 Regulations. The proposed Regulation would increase the fees for the three
part-time members of the Tribunal as follows:
·
from $87,343 to $89,090 per year for the President (paragraph 6(a)); and
·
from $42,250 to $43,095 per year for Members (paragraph 6(b)).
The proposed Regulation would also ensure that the definition of ‘member’ is consistent with
the definition of ‘member in section 3 of the Act. This would ensure that the fees and
allowances prescribed by the proposed Regulation also apply to individuals appointed
temporarily in the place of a member under subsection 33(4) of the Acts Interpretation Act
1901.The proposed Regulation would also prescribe travelling allowances payable to
members when travelling on official business by reference to determinations made under
section 61 of the Public Service Act 1999. The proposed Regulation does not affect
allowances currently paid to members.
Authorised Version Explanatory Statement registered 29/03/2016 to F2016L00396
2
The Act specifies no conditions that need to be satisfied before the power to make the
proposed Regulation may be exercised.
The Regulation would be a legislative instrument for the purposes of the Legislation Act
2003.
The Regulation would commence on 1 April 2016.
Authorised Version Explanatory Statement registered 29/03/2016 to F2016L00396