{"id":"F2017L01222","name":"Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017","slug":"remuneration-tribunal-miscellaneous-provisions-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97113,"registerId":"commonwealth-F2017L01222-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Remuneration Tribunal Act 1973.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Remuneration Tribunal Act 1973.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Offices and appointments that are not public offices","content":"#### 6 Offices and appointments that are not public offices\n\n  For the purposes of paragraph 3(4)(v) of the Act, the following offices and appointments are prescribed:\n    (a) the appointment, by Letters Patent, of a person as a Commissioner to inquire into and report on matters specified in the Letters Patent;\n    (b) the appointment, under subsection 40F(1) of the Fair Work Act 2009, of a person as a member of the Road Transport Advisory Group;\n    (c) the appointment, under subsection 40F(6) of the Fair Work Act 2009, of a person to chair the Road Transport Advisory Group;\n    (d) the office of member of a subcommittee established under section 40G of the Fair Work Act 2009;\n    (e) the office of chair of a subcommittee established under section 40G of the Fair Work Act 2009.","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Staff‑elected Director of the Australian Broadcasting Corporation Board","content":"#### 7 Staff‑elected Director of the Australian Broadcasting Corporation Board\n\n  Subsection 7(11) of the Act does not apply to a person elected as the staff‑elected Director in accordance with section 13A of the Australian Broadcasting Corporation Act 1983.","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Remuneration for some holders of a judicial office","content":"#### 8 Remuneration for some holders of a judicial office\n\n  Subsection 7(12) of the Act does not apply to a person who:\n    (a) holds, or performs the duties of, the office of a member of the Administrative Review Tribunal; and\n    (b) holds a judicial office in the service of the Government of a State or of a country other than Australia, other than on a full‑time basis.","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Application provisions—Remuneration Tribunal (Miscellaneous Provisions) Amendment (Holders of Judicial Office) Regulations 2024","content":"#### 9 Application provisions—Remuneration Tribunal (Miscellaneous Provisions) Amendment (Holders of Judicial Office) Regulations 2024\n\n  (1) Section 8 applies in relation to working out whether a person is entitled to be paid remuneration for the day on which that section commenced or for any later day.\n  (2) Section 8 applies in relation to a person who holds, or performs the duties of, the office of a member of the Administrative Appeals Tribunal, whether the person became the holder of the office before, on or after the day on which that section commenced.\n  (3) Section 8 applies in relation to a person who holds a judicial office, whether the person became the holder of the office before, on or after the day on which that section commenced.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing specific exceptions and exclusions to the Remuneration Tribunal Act 1973. The 2024 amendment adding section 8 and the application provisions in section 9 addresses a specific technical issue regarding judicial office holders without expanding the regulation's scope beyond remuneration determinations for prescribed offices."},"complexity_factors":["Only 5 substantive sections with minimal conditional logic","Single defined term ('Act') in interpretation section","Straightforward exclusions and exemptions without nested exceptions","Limited cross-referencing (only references to specific subsections of three Acts: Remuneration Tribunal Act 1973, Fair Work Act 2009, and Australian Broadcasting Corporation Act 1983)","Section 9 contains simple application provisions with clear temporal scope (prospective and retrospective application)","No delegated legislative powers or complex machinery provisions"],"plain_english_summary":"This regulation narrows how the Remuneration Tribunal treats who holds a \"public office\" for pay, excluding certain Fair Work advisory roles and Royal Commission appointments made by Letters Patent, exempting the ABC staff‑elected Director from a specific Tribunal provision, and confirming part‑time State or overseas judges who sit on the Administrative Review Tribunal can be remunerated.\n\nIt prevents pay gaps or wrongful payments for people in these roles and ensures the judicial‑office fix applies to existing appointees as well as new ones."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations narrow and clarify the Tribunal’s coverage by prescribing specific offices as outside the Act’s public‑office rules and by excluding certain roles from ss 7(11)–7(12) (regs 6–8). The 2024 amendment application provision (reg 9) broadens the practical reach of reg 8 by making s8 apply to Administrative Appeals Tribunal members and to judicial office‑holders irrespective of when they took office, affecting entitlement determinations and pay administration."},"complexity_factors":["Short, targeted instrument with limited provisions (primarily regs 6–9) which reduces legislative bulk.","Cross‑references to multiple Acts increase interpretive work: Remuneration Tribunal Act 1973 (ss 7, 8 and s3(4)(v)), Fair Work Act 2009 (subss 40F(1), 40F(6), s40G) and the Australian Broadcasting Corporation Act 1983 (s13A) (see reg 6 and reg 7).","Uses negative prescription and exemptions (prescribing what is not a ‘public office’ and carving out s7’s application) which requires administrators to classify appointments case‑by‑case (regs 6–8).","An application/commencement clause in reg 9 extends s8’s operation to persons regardless of when they became office‑holders, creating potential retrospective entitlement checks for pay (reg 9(1)–(3))."],"plain_english_summary":"This instrument narrows how the Remuneration Tribunal Act applies to a small set of appointments: it prescribes certain roles as not ‘‘public offices’’, excludes the ABC staff‑elected Director and some holders of judicial office from particular s7 rules, and confirms that s8 governs entitlement to pay for judicial‑office holders (including Administrative Appeals Tribunal members) from its commencement. It changes which appointees are covered by Tribunal‑set remuneration and therefore alters who can claim pay under the Tribunal’s rules."}},"importantCases":[],"_links":{"self":"/api/acts/remuneration-tribunal-miscellaneous-provisions-regulations-2017","history":"/api/acts/remuneration-tribunal-miscellaneous-provisions-regulations-2017/history","analysis":"/api/acts/remuneration-tribunal-miscellaneous-provisions-regulations-2017/analysis","conflicts":"/api/acts/remuneration-tribunal-miscellaneous-provisions-regulations-2017/conflicts","importantCases":"/api/acts/remuneration-tribunal-miscellaneous-provisions-regulations-2017/important-cases","documents":"/api/acts/remuneration-tribunal-miscellaneous-provisions-regulations-2017/documents"}}