Commonwealth Numbered Regulations - Explanatory Statements

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JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES) REGULATIONS (AMENDMENT) 1995 NO. 254

Statutory Rules 1995 No. 254

Issued by the Authority of the Minister for Industrial Relations

Judicial and Statutory Officers (Remuneration and Allowances) Act 1964

Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment)

Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act) provides that the Governor-General may make regulations for the purposes of section 8 of the Act.

Subsection 8(1) of the Act, as far as it is relevant, provides that where a person appointed to hold a statutory office in a full-time capacity was, immediately before the appointment, an officer (including an unattached officer) of the Australian Public Service the person shall, if the regulations provide, be paid during the period of the appointment to the first mentioned office, in lieu of the remuneration payable in respect of that office, remuneration at such rate as specified in the regulations.

It is necessary to amend the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations). The amending regulation is required to enable an unattached officer of the Australian Public Service (the Service) to be paid remuneration at the rates applicable to the basic rate for the office of Secretary while he occupies the office of Australian Electoral Commissioner.

The officer was appointed as Australian Electoral Commissioner on 16 January 1995, for a period of 5 years. Prior to this appointment, he was an unattached officer who immediately before becoming unattached held the office of Secretary of the then Department of Aboriginal Affairs. From March 1990 until December 1991 he was the Chief Executive Officer of the Aboriginal and Torres Strait Islanders Commission. From then until his appointment to the Australian Electoral Commission, the officer performed the duties of Chief Executive of the Office of Northern Development. Since leaving the Department of Aboriginal Affairs, until his appointment as Australian Electoral Commissioner, his salary was maintained, either by virtue of holding the office of CEO of ATSIC (the remuneration for this office is determined by the Remuneration Tribunal which has set the rate at the same level as that of the basic rate for the office of Secretary) or by a determination made under the Public Service Act 1922.

Subregulation 2.1 omits regulation 2 which was no longer required (as the former holder of the office of Australian Statistician was no longer an officer of the Service). Regulation 2 now provides rates of remuneration, with reference to the relevant Remuneration Tribunal determination, for the current Australian Electoral Commissioner who was, immediately before the appointment an unattached officer of the Australian Public Service. Paragraphs 2(c) and 2(d) provide for two separate rates of remuneration, the first from the date of his appointment in January 1995 and the second to take account of a Remuneration Tribunal determination increasing the rate of remuneration of the basic rate for the office of Secretary, from March 1995.

Subregulation 3.1 omits regulation 3, which was also no longer required as the former holder of the office of the Director, Australian War Memorial was no longer an officer of the Service.

The Regulations commenced on the date of Gazettal.