Commonwealth Numbered Regulations - Explanatory Statements

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JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES) REGULATIONS(AMENDMENT) 1997 NO. 310

Statutory Rules 1997 No. 310

(Issued by authority of the Minister for Workplace Relations and Small Business)

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

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

Subsection 8(3) of the Judicial mad Statutory Officers (Remuneration and Allowances) Act 1984 ('the Act') provides that the Governor-General may make regulations prescribing all matters permitted to be prescribed by subsections 9(1) and 8(2) of the Act (see further, below).

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

Regulations 2, 3 and 4 of the Judicial and Statutory Officers (Remuneration and Allowances) Regulation ('the regulations') previously specified rates of remuneration for the following three office-holders, based on the rates of remuneration applying to their previous offices:

*       regulation 2 - the Australian Electoral Commissioner (previously remunerated at the rate of $132,600 per annum);

*       regulation 3 - the Director of the Australian Institute of Health and Welfare (previously remunerated at the rate of $120,193 per annum), and

*       regulation 4 - the Privacy Commissioner (previously remunerated at the rate of $152.490 per annum).

The rates of remuneration of the Australian Electoral Commissioner and of the Privacy Commissioner (regulations 2 and 4, respectively) are derived from rates of remuneration of Secretaries of Commonwealth Departments. Commencing 10 July 1997 the Remuneration Tribunal issued a Determination allowing for a 1.5 per cent increase in the rates of remuneration of Secretaries of Commonwealth Departments. It was thus necessary to adjust the remuneration of the Australian Electoral Commissioner and the Privacy Commissioner to maintain parity.

The remuneration of the third office-holder - the Director of the Australian Institute of Health add Welfare - is not derived from the rate of remuneration of Departmental secretaries. It is instead derived from the rate of remuneration of Australian Public Service SES Band 3 officers. That rate has not changed and hence the irate of remuneration of the Director did not need to be changed. However, regulation 3 has been slightly amended to ensure that the wording of that regulation is similar to the new wording of regulations 2 and 4.

Regulation 2 has been amended to adjust the remuneration of the Australian Electoral Commissioner from $132,600 per annum to $134,589 per annum (a 1.5% increase). The adjustment will take effect from 10 July 1997, the date from which the remuneration of Departmental Secretaries wage increased by 1.5%.

Regulation 4 has been amended to adjust the remuneration of the Privacy Commissioner from $152,490 per annum to $154,777 per annum (also a 1.5% increase). The adjustment will also take effect from 10 July 1997.

The remuneration of the Director of the Australian Institute of Health and Welfare - contained in regulation 3 - has been maintained a $120,193 per annum. However, the regulation has been amended to ensure that its wording aligns with that in regulations 2 and 4 as amended. There has been no change of any substance. The regulation now provides that the Director's remuneration shall take effect from 17 October 1996, the date of the last adjustment to the Director's salary.

The regulations making these amendments are taken to have commenced on 10 July 1997.

The retrospective operation of the amendments does not breach section 48 of the Acts Interpretation Act 1901 as it does not affect the rights of a person to that person's disadvantage, or impose a liability on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of notification.