Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1994 NO. 68

Statutory Rules 1994 No. 68

(Issued by the Authority of the Minister for Industrial Relations)

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

Section 359 of the Industrial Relations Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Subsection 15(1) of the Act, as far as it is relevant, provides that a person is not prevented from having dual federal appointments, and may hold office as a member of the Australian Industrial Relations Commission (the Commission) and an office of a prescribed Commonwealth or a prescribed Territory tribunal.

Subsection 15(2) of the Act provides that a person who is a member of the Commission may, in accordance with the directions of the President, perform functions as a member of a prescribed Territory tribunal.

Subsection 21(5) of the Act makes provision for remuneration and travelling expenses in relation to persons who hold such dual federal appointments.

Prior to the amendment, regulation 6 of the Industrial Relations Regulations (the Regulations) had provided that the Defence Force Remuneration Tribunal and the Pharmaceutical Benefits Remuneration Tribunal are prescribed tribunals for the purposes of sections 15 and 21 of the Act.

It was necessary to also prescribe the Administrative Appeals Tribunal, the Security Appeals Tribunal and the National Native Title Tribunal.

The main reason for prescribing these three tribunals arises from the appointment of the Honourable Justice Deirdre O'Connor as President of the Commission. Justice O'Connor currently holds office on two of the three tribunals which have been prescribed. Her appointment to the other tribunal, the National Native Title Tribunal ceased at the end of March 1994. While Justice O'Connor is President of the Commission, she will continue to undertake residual duties on the Security Appeals Tribunal but will not perform duties in relation to the Administrative Appeals Tribunal.

Paragraph 6(a) of the Regulations has been amended by adding the Administrative Appeals Tribunal, the Security Appeals Tribunal and the National Native Title Tribunal as prescribed tribunals.