Australian Capital Territory

remuneration tribunal act 1995
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 March 1999
TABLE OF PROVISIONS
Section
part 1—preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
part 2—remuneration tribunal
	4.	Establishment
	5.	Members
	6.	Fees and allowances
	7.	Resignation
	8.	Termination of appointment
part 3—Inquiries and determinations
Division 1—General
	9.	Inquiries in relation to members of the Legislative Assembly
	10.	Inquiries in relation to holders of certain offices
	11.	Certain allowances and entitlements not to be granted
	12.	Determinations—tabling and commencement
	13.	Time of making determinations under sections 9 and 10
	14.	Interim determinations

	15.	Payment of remuneration and allowances
Division 2—Procedure
	16.	Conduct of inquiry
	17.	Meetings of tribunal
part 4—miscellaneous
	18.	Arrangements for the use of staff or facilities
	19.	Engagement of consultants
	20.	Determination of members fees and allowances

Australian Capital Territory

remuneration tribunal act 1995
An Act to establish a tribunal to determine the remuneration and allowances to be paid, and the entitlements to be granted, to the holders of certain offices, and for related purposes
part 1—preliminary
1. 	Short title
	This Act may be cited as the Remuneration Tribunal Act 1995.1
2.1 	Commencement
(1) 	Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) 	The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.
(3) 	If the provisions referred to in subsection (2) have not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, those provisions, by force of this subsection, commence on the first day after the end of that period.
3. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“determination” means a determination under section 9, 10 or 14;
“inquiry” means an inquiry conducted by the tribunal under section 9 or 10;
“member” means a member of the tribunal;
“tribunal” means the Remuneration Tribunal established by subsection 4 (1).
(2) 	A reference in this Act to the holder of an appointment is a reference to a person who has been requested or authorised in writing to perform functions, duties or services either alone or together with another person or persons.
part 2—remuneration tribunal
4. 	Establishment
(1) 	The Remuneration Tribunal is established.
(2) 	The tribunal shall consist of not more than 3 members appointed by the Executive.
(3) 	Subject to this Act, a member holds office for such period not exceeding 5 years as is specified in the instrument of his or her appointment, but is eligible for reappointment.
5. 	Members
(1) 	The tribunal may be constituted by the appointment of 1 member.
(2) 	Where more than 1 member is appointed to the tribunal under subsection 4 (2), the Executive shall appoint a member to be the chairperson of the tribunal.
6. 	Fees and allowances
	A member shall be paid such fees and allowances as are determined under section 20.
7. 	Resignation
	A member may resign by writing given to the Chief Minister.
8. 	Termination of appointment
	The Executive may remove a member from office for misbehaviour or physical or mental incapacity.
part 3—Inquiries and determinations
Division 1—General
9. 	Inquiries in relation to members of the Legislative Assembly
(1) 	The tribunal shall, from time to time as provided by this Division, inquire into, and determine, the remuneration and allowances to be paid, and the entitlements to be granted, to—
	(a)	the Chief Minister;
	(b)	a Deputy Chief Minister; and
	(c)	other Ministers.
(2) 	The tribunal shall, from time to time as provided by this Division, inquire into, and determine, the remuneration and allowances to be paid, and other entitlements to be granted, to members of the Legislative Assembly other than Ministers by reason of their membership of the Legislative Assembly or by reason of their holding particular offices, or performing particular functions, in relation to the Legislative Assembly.
(3)	For the purposes of paragraph (g) of the definition of “office” in subsection 73 (1) of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth, each of the following offices is declared to be an office to which section 73 of that Act applies:
	(a)	Leader of the Opposition in the Legislative Assembly;
	(b)	Deputy Leader of the Opposition in the Legislative Assembly;
	(c)	Government Whip in the Legislative Assembly;
	(d)	Opposition Whip in the Legislative Assembly;
	(e)	the presiding member (however designated) of a committee of the Legislative Assembly.
10. 	Inquiries in relation to holders of certain offices
(1) 	Subject to subsection (2), the tribunal shall, from time to time as provided by this Division, inquire into, and determine, the remuneration and allowances to be paid, and other entitlements to be granted, to—
	(a)	the Chief Justice of the Supreme Court;
	(b)	a judge of the Supreme Court;
	(c)	the Master of the Supreme Court;
	(d)	the Chief Magistrate;
	(e)	a magistrate;
	(f)	the Clerk of the Legislative Assembly;
	(g)	the Director of Public Prosecutions;
	(h)	the Auditor-General;
	(j)	a chief executive;
	(k)	a person who is an executive within the meaning of the Public Sector Management Act 1994;
	(m)	the Director of the Canberra Institute of Technology;
	(n)	the Community and Health Services Complaints Commissioner;
	(p)	the Fire Commissioner;
	(q)	the Commissioner for Land and Planning;
	(r)	the Electoral Commissioner;
	(s)	the chief executive officer of the Legal Aid Commission (A.C.T.);
	(t)	an assistant executive officer of the Legal Aid Commission (A.C.T.);
	(u)	the Community Advocate; and
	(w)	the holder of any other office or appointment that is—
	(i)	specified for the purposes of this paragraph; or
	(ii)	included in a class of offices or appointments specified for the purposes of this paragraph;
in an instrument given to the tribunal by the Chief Minister.
(2) 	The tribunal shall not make a determination under subsection (1) in respect of a person referred to in paragraph (1) (a) or (b) who is a person to whom section 37F of the Supreme Court Act 1933 applies, an additional judge, an acting judge or a judge of the Federal Court of Australia.
(3) 	The tribunal shall, from time to time as provided by this Division, inquire into and determine the remuneration and allowances to be paid, and other entitlements to be granted, to the Chief Justice of the Supreme Court in respect of that office in addition to any remuneration, allowances and entitlements payable or due to him or her as a resident judge or a judge of the Federal Court. 
(4) 	The Chief Minister shall, within 14 days after the day on which an instrument is given to the tribunal under paragraph (1) (w), cause notice of the instrument having been given to be published in the Gazette.
11. 	Certain allowances and entitlements not to be granted
	In making a determination under section 9 or 10, the tribunal shall not determine that an allowance is to be paid, or that an entitlement is to be granted, to the holder of an office or appointment if an allowance or entitlement of that kind is to be paid or granted to the holder of that office or appointment under—
	(a)	a law of the Territory or the Commonwealth; or
	(b)	the instrument by which he or she was appointed, engaged, authorised or requested to perform the functions and duties of the office or appointment.
12. 	Determinations—tabling and commencement
(1) 	A determination of the tribunal under section 9 or 10 shall—
	(a)	be in writing; and
	(b)	be presented to the Chief Minister.
(2) 	The Chief Minister shall cause each determination presented to him or her under subsection (1) to be laid before the Legislative Assembly within 6 sitting days after the day on which he or she receives the determination.
(3) 	A determination under section 9 or 10 shall come into operation on such day as the tribunal specifies for that purpose in the determination, being a day that is not more than 90 days after the day on which the determination is made.
13. 	Time of making determinations under sections 9 and 10
	The tribunal shall make determinations under sections 9 and 10 within 1 year after the day fixed for the purposes of subsection 2 (2) and at subsequent intervals of not more than 1 year.
14. 	Interim determinations
(1) 	Where—
	(a)	no determination has been made under this Act; or
	(b)	the subsisting determinations make no provision for the remuneration and allowances to be paid, and other entitlements to be granted, to a person referred to in subsection 9 (1) or 10 (1); 
the Chief Minister may make an interim determination of the remuneration, allowances and entitlements of that person.
(2) 	A determination under subsection (1) shall come into operation on such day as the Chief Minister specifies for that purpose in the determination.
(3) 	An interim determination under subsection (1) ceases to have effect upon the coming into operation of a determination under subsection 9 (1) or 10 (1) that makes provision for the remuneration, allowances or entitlements of the person referred to in the interim determination.
15. 	Payment of remuneration and allowances
(1) 	Remuneration or allowances to which a subsisting determination applies shall—
	(a)	in the case of remuneration or allowances payable to a person who is paid by a body established by or under a law of the Territory—be paid in accordance with the determination by that body; and
	(b)	in any other case—be paid in accordance with the determination out of the consolidated revenue fund.
(2) 	The consolidated revenue fund is appropriated for the purposes of paragraph (1) (b).
Division 2—Procedure
16. 	Conduct of inquiry
	In conducting an inquiry, the tribunal—
	(a)	may inform itself in such manner as it thinks fit;
	(b)	may receive written and oral statements;
	(c)	is not required to conduct an inquiry in a formal manner; and
	(d)	is not bound by the rules of evidence.
17. 	Meetings of tribunal
	If the tribunal is constituted by more than 1 member—
	(a)	the chairperson may convene meetings of the tribunal;
	(b)	the chairperson shall preside at all meetings of the tribunal at which he or she is present;
	(c)	if the chairperson is absent from a meeting—the members present shall elect 1 of their number to preside; and
	(d)	at meetings of the tribunal—
	(i)	the tribunal may determine its own procedure;
	(ii)	2 members constitute a quorum;
	(iii)	all questions shall be decided by a majority of votes of the members present and voting; and
	(iv)	the member presiding has a deliberative vote and, in the event of an equality of votes, a casting vote.
part 4—miscellaneous
18. 	Arrangements for the use of staff or facilities
	The tribunal may make arrangements with the Chief Executive of the Chief Minister’s Department for the use of—
	(a)	the services of public servants in that department; or
	(b)	facilities of that department.
19. 	Engagement of consultants
(1) 	The tribunal may engage persons having suitable qualifications and experience as consultants to, or to perform services for, the tribunal for the purposes of this Act.
(2) 	An engagement under subsection (1) shall be made—
	(a)	on behalf of the Territory; and
	(b)	in writing.
20. 	Determination of members fees and allowances
(1) 	The Chief Minister may, by instrument, determine the fees and allowances payable to a member in respect of the performance of his or her functions under this Act.
(2) 	A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

NOTES
1.	The Remuneration Tribunal Act 1995 as shown in this reprint comprises Act No. 55, 1995 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Remuneration Tribunal Act 1995	55, 1995	20 Dec 1995	Ss. 1 and 2:  20 Dec 1995
Remainder:  21 Dec 1995 (see Gazette 1995, No. S315, p. 2)		
Land (Planning and Environment) (Amendment) Act (No. 3) 1996	85, 1996	24 Dec 1996	Part I (ss. 1 and 2):  24 Dec 1996
Remainder:   24 June 1997	—	
Community and Health Services Complaints (Amendment) Act 1997
	50, 1997	19 Sept 1997	Ss. 1-3:  19 Sept 1997
Remainder:  3 Oct 1997 (see Gazette 1997, No. S288)	—	
(Reprinted as at 31 December 1997)	
Remuneration Tribunal (Amendment) Act 1998	3, 1998	5 May 1998	21 Feb 1998	—	
Supreme Court (Amendment) Act (No. 2) 1998	72, 1998	23 Dec 1998	Ss. 4, 5 and 7:  29 Sept 1997
Remainder:  23 Dec 1998
	S. 8 (2)	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 9	am. No. 3, 1998
S. 10	am. No. 85, 1996; No. 50, 1997; No. 72, 1998