Commonwealth Numbered Regulations - Explanatory Statements

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JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES) REGULATIONS(AMENDMENT) 1996 NO. 109

EXPLANATORY STATEMENT

Statutory Rules 1996 No. 109

Issued by the Authority of the Minister for Industrial Relations

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

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 inter alia 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 Service) the person shall, if the regulations so 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 is 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 Service to be paid remuneration while he occupies the office of Director of the Australian Institute of Health and Welfare at the rate equal to the remuneration that the officer would have received had he continued to occupy the office of Senior Executive Band 3 in the Service.

The officer was appointed Director of the Australian Institute of Health and Welfare from 8 January 1996 for a period of 5 years. Prior to this appointment the officer was Deputy Chief Statistician, Senior Executive Band 3, receiving a salary of $115,980 per annum.

Salary and supplementary remuneration for the office of Director of the Australian Institute of Health and Welfare are set out in Remuneration Tribunal Determination No. 19 of 1994, as amended by Remuneration Tribunal Determinations Nos. 11 and 19 of 1995. The rates are $102,159 salary and $7,500 supplementary remuneration.

Subregulation 3.1 provides for the officer appointed to hold the office of Director of the Australian Institute of Health and Welfare to continue to be paid salary at the level he would have been paid had he remained in his former office. Paragraph 3(2)(b) of the proposed Regulation provides for an increase of 1.6% effective from 7 March 1996 in accordance with the Continuous Improvement in the Australian Public Service Enterprise Agreement 1995-96 as it applies to all Senior Executive Service officers.

The Regulations commenced on 8 January 1996 and do not contravene section 48 of the Acts Interpretation Act 1901 as the retrospective application does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.


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