Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MEMBERS' FEES AND ALLOWANCES) AMENDMENT REGULATION 2012 (NO. 1) (SLI NO 252 OF 2012)

EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 252

Issued by the authority of the Minister for the Public Service and Integrity

Remuneration Tribunal Act 1973

Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulation 2012 (No. 1)

The Remuneration Tribunal Act 1973 (the Act) established 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.

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, or necessary or convenient, to be prescribed for carrying out or giving effect to the Act.

Under Section 4 of the Act, the Governor-General appoints the three part-time members of the Tribunal, 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 Regulations.

The Remuneration Tribunal (Members' Fees and Allowances) Regulations 2005 prescribes the fees payable to the President and to a Member of the Tribunal.  The fees of the President and Members of the Remuneration Tribunal are reviewed annually.

The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulation 2012 (No. 1) (the Regulation) increases the level of remuneration from $82,812 to $85,296 for the President and from $40,058 to $41,260 for Members of the Tribunal.  This three per cent increase is consistent with the annual adjustment provided to part-time office holders with effect from 1 July 2012.  It is also consistent with the Government's wages policy in respect of the Australian Public Service (APS) which recommends that salary increases not exceed an average annualised wage increase of three per cent.

An assessment was made under guidelines issued by the Office of Best Practice Regulation, which indicated that a Regulation Impact Statement (RIS) was not required for this Regulation because the amendments are of a minor or machinery nature and do not substantially alter existing arrangements.

Consultation was considered unnecessary because the instrument is of a minor or machinery nature, does not substantially alter existing arrangements and relates to an employment matter (section 18, Legislative Instrument Act 2003).

The Regulation is a legislative instrument for the purpose of the Legislative Instruments Act 2003.

The Regulation commenced on 25 November 2012, being 12 months from the last increase.

Statement of Compatibility with Human Rights

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This Legislative Instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

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