Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT)1996 NO. 36

Statutory Rules 1996 No. 36

Issued by the Authority of the Minister for Industrial Relations

Remuneration Tribunal Act 1973

Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)

Section 13 of the Remuneration Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 7(11) of the Act provides that, except as prescribed, or authorised or approved by or under legislation, a person who holds an office or appointment or is otherwise employed on a full-time basis by the Commonwealth or the Administration of a Territory or by certain other bodies, is not entitled to be paid remuneration for performing the duties of a public office held on a part-time basis.

Regulation 6 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) prescribes for the purposes of section 7(11) of the Act, those part-time offices the holders of which are entitled to be paid remuneration, as determined by the Remuneration Tribunal (the Tribunal).

An officer who is currently employed full-time by the Department of Social Security was appointed as a part-time member of the Commonwealth Advisory Committee on Homelessness (the Committee), effective 25 October 1995 and has been performing duties With the Committee since that date. The Committee is established under the Supported Accommodation Assistance Act 1994 and meets on a regular basis.

As the officer will be on leave without pay from his full-time position when performing duty on the Committee it is necessary to pay the officer for his part-time service as a member of the Committee.

Subregulation 2.1 prescribes for the purposes of section 7(11) of the Act that the officer, who is a full time officer, be paid for part-time service as a member of the Committee during all periods that the officer performs duty on the Committee. Remuneration for parttime members of the Committee is prescribed under clause 2.5 of Remuneration Tribunal Determination Number 29 of 1994.

The retrospective application of the Regulation 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.

The Regulations commenced on gazettal.