Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 19

19. After section 58E of the Principal Act the following Divisions are
inserted in Part IIIA:

"Division 2-The Defence Force Remuneration Tribunal Interpretation

"58F. In this Division, unless the contrary intention appears-
'Chairman' means the Chairman of the Tribunal appointed under section 58G;
'Commission' means the Australian Conciliation and Arbitration Commission
established by sub-section 6 (1) of the Conciliation and Arbitration Act 1904;
'Defence Force Advocate' means the Defence Force Advocate appointed under
section 58S;
'member of the Tribunal' means a member of the Tribunal appointed under
section 58G, and includes the Chairman;
'presidential member of the Commission' means the President of the Commission
or a Deputy President of the Commission appointed under section 6 of the
Conciliation and Arbitration Act 1904;
'relevant allowances', in relation to a member, means allowances by way of
remuneration payable to the member and, without limiting the generality of the
foregoing, includes any allowance payable to the member-

   (a)  in respect of the service of the member on a ship or aircraft;

   (b)  as general compensation for the disadvantages of rendering naval,
        military or air force service;

   (c)  in respect of particular skills or qualifications possessed by the
        member; or

   (d)  as compensation for the hazardous nature of the duties that the member
        is required to perform or for the conditions under which the member is
        required to perform his duties;
'Remuneration Tribunal' means the Remuneration Tribunal established by
sub-section 4 (1) of the Remuneration Tribunals Act 1973;
'salary' includes pay;
'Tribunal' means the Defence Force Remuneration Tribunal established by
section 58G.

Establishment of Defence Force Remuneration Tribunal

"58G. (1) There is established by this section a Defence Force Remuneration
Tribunal.



"(2) The Tribunal shall consist of-

   (a)  a Chairman;

   (b)  a person who is experienced in industrial relations matters; and

   (c)  a person who has been a member.



"(3) The members of the Tribunal shall be appointed by the Governor-General on
a part-time basis.

"(4) The person appointed as Chairman shall be a presidential member of the
Commission.

"(5) A person shall not be appointed as a member of the Tribunal if he has at
any time during the 5 years preceding his appointment been a member.

"(6) The performance of the duties and functions and the exercise of the
powers of the Tribunal are not affected by reason only of there being one
vacancy in the membership of the Tribunal. Functions and powers of Tribunal

"58H. (1) The functions of the Tribunal are to inquire into and determine, in
accordance with this section, the matters referred to in sub-section (2).

"(2) The Tribunal shall, as provided for by this section-

   (a)  inquire into and determine the salaries and relevant allowances to be
        paid to members; and

   (b)  inquire into and make determinations in respect of prescribed matters
        that have been referred to the Tribunal.



"(3) The Minister or, subject to sub-section (4), the Secretary or the Chief
of the Defence Force may, by notice in writing given to the Chairman, refer a
prescribed matter to the Tribunal.

"(4) The Secretary or the Chief of the Defence Force shall not,without the
approval in writing of the Minister, refer a prescribed matter to the Tribunal
pursuant to sub-section (3) if-

   (a)  at any time during the preceding 12 months, the Minister has made a
        determination under section 58B that relates, in whole or in part, to
        that matter; or

   (b)  the Secretary or the Chief of the Defence Force is aware that, at any
        time during the preceding 12 months, submissions have been made to the
        Minister requesting the Minister to make a determination that relates,
        in whole or in part, to that matter and the Minister has not made such
        a determination.



"(5) The Tribunal shall, within 2 years of the commencement of this section or
within such shorter period as the Minister, by notice in writing given to the
Chairman, determines, inquire into and make a determination in respect of the
salaries and relevant allowances to be paid to members.

"(6) Where a determination of the Tribunal in respect of the salaries and
relevant allowances to be paid to members is in force, the Tribunal shall
inquire into and make a further determination in respect of those salaries and
allowances-

   (a)  within 2 years of the first-mentioned determination taking effect; or

   (b)  if the Minister, by notice in writing given to the Chairman, requests
        the Tribunal to make a further determination in respect of those
        salaries and allowances within a shorter period of the first-mentioned
        determination taking effect-within that shorter period.



"(7) A determination of the Tribunal shall be in writing and shall take
effect, or shall be deemed to have taken effect, on such day as the Tribunal
specifies for the purpose in the determination.

"(8) The Tribunal shall not specify as the day on which a determination of the
Tribunal takes effect a day earlier than the day on which the determination is
made in any case where, if the determination so took effect-

   (a)  the rights of a person (other than the Commonwealth) which existed
        immediately before the last-mentioned day would be affected in a
        manner prejudicial to that person; or

   (b)  liabilities would be imposed on a person (other than the Commonwealth)
        in respect of anything done or omitted to be done before that
        last-mentioned day, and where, in a determination of the Tribunal, any
        provision is made in contravention of this sub-section, that provision
        shall be of no effect.

"(9) The Chairman shall give a copy of each determination made by the Tribunal
to the Minister, to the Secretary and to the Chief of the Defence Force.

"(10) Where the Tribunal has made a determination (not being a determination
made pursuant to sub-section (12)), the Minister, the Secretary or the Chief
of the Defence Force may, by notice in writing given to the Chairman within 28
days of the determination being made, request the Tribunal to reconsider the
determination.

"(11) A notice of request under sub-section (10) shall set out the grounds on
which the reconsideration is being sought.

"(12) As soon as practicable after a request is made under sub-section (10)
for reconsideration of a determination, the Tribunal shall reconsider the
determination and shall make a further determination affirming, varying or
replacing the first-mentioned determination.

"(13) The Minister shall cause a copy of each determination of the Tribunal to
be laid before each House of the Parliament within 15 sitting days of that
House after the determination is received by him.

"(14) Any regulation made under this Act, the Air Force Act 1923 or the
Naval Defence Act 1910, and any determination made under section58B of this
Act, has no effect to the extent that it is inconsistent with any
determination of the Tribunal.

"(15) In this section, 'prescribed matter' means a matter in relation to which
the Minister may make determinations under section 58B, not being a matter
referred to in paragraph (2) (a). Reports by Tribunal

"58J. (1) The Minister may, by notice in writing given to the Chairman,
request the Tribunal to inquire into and report to the Minister on a matter
specified in the notice, being a matter in relation to which the Tribunal may
make a determination pursuant to section 58H.

"(2) When a request is made under sub-section (1), the Tribunal shall inquire
into the matter concerned and give to the Minister a report in writing on that
matter. Procedure of Tribunal

"58K. (1) The Chairman shall convene such meetings of the Tribunal as he
considers necessary for the efficient performance of its functions.

"(2) Meetings of the Tribunal shall be held at such places as the Chairman
determines.

"(3) The Chairman shall preside at all meetings of the Tribunal at which he is
present.

"(4) If the Chairman is not present at a meeting of the Tribunal, another
member of the Tribunal nominated by the Chairman shall preside at the meeting.

"(5) The Tribunal shall keep records of its meetings.

"(6) At a meeting of the Tribunal-

   (a)  2 members of the Tribunal constitute a quorum;

   (b)  all questions shall be decided by a majority of votes of the members
        of the Tribunal present and voting; and

   (c)  the member of the Tribunal presiding has a deliberative vote and, in
        the event of an equality of votes, also has a casting vote.



"(7) The Tribunal shall, in making a determination, have regard to any
decision of, or principles established by, the Commission that is or are, in
the opinion of the Tribunal, relevant to the making of that determination.

"(8) In the performance of the functions of the Tribunal-

   (a)  the Tribunal may regulate the conduct of its proceedings as it thinks
        fit and is not bound to act in a formal manner; and

   (b)  the Tribunal may inform itself on any matter in such manner as it
        thinks fit and is not bound by the rules of evidence.

"(9) The Defence Force Advocate and a person representing the Commonwealth are
entitled to be present, and to make submissions to the Tribunal, during any
proceedings before the Tribunal. Terms and tenure of office

"58L. (1) Subject to this Division, a member of the Tribunal holds office for
5 years, but is eligible for re-appointment.

"(2) A person shall not continue to hold office as a member of the Tribunal
if-

   (a)  he becomes a member of the Defence Force;

   (b)  he becomes the Defence Force Advocate; or

   (c)  in the case of the Chairman, he ceases to be a presidential member of
        the Commission. Resignation

"58M. A member of the Tribunal may resign his office by writing signed by him
and delivered to the Governor-General. Termination of appointment

"58N. The Governor-General may terminate the appointment of a member of the
Tribunal by reason of misbehaviour or physical or mental incapacity. Acting
appointments

"58P. (1) The Minister may appoint a person to act as a member (including the
Chairman) of the Tribunal-

   (a)  during a vacancy in the office of that member; or

   (b)  during any period, or during all periods, when that member is absent
        from duty or from Australia or is, for any other reason (including the
        reason that, in the case of a member not being the Chairman, he is
        acting as Chairman), unable to perform the duties of his office, but a
        person appointed to act during a vacancy shall not continue so to act
        for more than 12 months.

"(2) While a person is acting as Chairman or as a member of the Tribunal other
than the Chairman, he has and may exercise all the powers, and shall perform
all the functions, of the Chairman or that member, as the case may be.

"(3) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.

"(4) The Minister may-

   (a)  determine the terms and conditions of appointment, including fees and
        allowances, of a person acting as a member of the Tribunal; and

   (b)  terminate such an appointment at any time.

"(5) Where a person is acting as a member of the Tribunal in accordance with
paragraph (1) (b) and that office becomes vacant while that person is so
acting, then, subject to sub-section (3), that person may continue so to act
until the Minister otherwise directs, the vacancy is filled or a period of 12
months from the date on which the vacancy occurred expires, whichever first
happens.

"(6) The appointment of a person to act as a member of the Tribunal ceases to
have effect if he resigns his appointment by writing signed by him and
delivered to the Minister.

"(7) The validity of anything done by a person purporting to act under this
section shall not be called in question on the ground that the occasion for
his appointment had not arisen, that there was a defect or irregularity in or
in connection with his appointment, that the appointment had ceased to have
effect or that the occasion for him to act had not arisen or had ceased.

"(8) A reference in section 58H, 58J or 58K to the Chairman or to a member of
the Tribunal shall be read as including a reference to a person acting as the
Chairman or as a member of the Tribunal, as the case may be. Fees and
allowances

"58Q. (1) A member of the Tribunal shall be paid such fees and allowances as
the Remuneration Tribunal determines.

"(2) The appointment of the holder of a prescribed office as a member of the
Tribunal, or service by the holder of a prescribed office as such a member,
does not affect his tenure of that prescribed office or his rank, title,
status, precedence, salary, annual or other allowances or other rights or
privileges as the holder of that prescribed office and, for all purposes, his
service as a member of the Tribunal shall be taken to be service as the holder
of the prescribed office.

"(3) This section has effect subject to the Remuneration Tribunals Act 1973.

"(4) In this section, 'prescribed office' means an office, appointment or
other employment which is referred to in sub-section 7 (11) of the
Remuneration Tribunals Act 1973 as an office, appointment or other employment
on a full-time basis or a judicial office referred to in sub-section 7 (12) of
that Act.
                    "Division 3-The Defence Force Advocate
Interpretation

"58R. In this Division, unless the contrary intention appears-
'Advocate' means the Defence Force Advocate appointed under section 58S;
'Remuneration Tribunal' means the Remuneration Tribunal established by
sub-section 4 (1) of the Remuneration Tribunals Act 1973;
'Tribunal' means the Defence Force Remuneration Tribunal established by
section 58G.

Defence Force Advocate

"58S. (1) There shall be a Defence Force Advocate, who shall be appointed by
the Minister on a part-time basis.

"(2) The person appointed as the Advocate shall be a person who-

   (a)  is experienced in industrial relations matters; and

   (b)  has a knowledge of the nature of service in the Defence Force.



"(3) In making an appointment under sub-section (1), the Minister shall have
regard to any recommendations made by the Chief of the Defence Force.
Functions of Advocate

"58T. The functions of the Advocate are-

   (a)  to advise the Chief of the Defence Force in relation to matters that
        have been, or may be, referred to the Tribunal by the Chief of the
        Defence Force pursuant to sub-section 58H (3);

   (b)  to prepare submissions to be made to the Tribunal on behalf of the
        Defence Force concerning any matter that is being considered by the
        Tribunal; and

   (c)  to represent the Defence Force in proceedings before the Tribunal.

Tenure and terms of office

"58U. (1) Subject to this Division, the Advocate holds office for 3 years, but
is eligible for re-appointment.

"(2) A person shall not continue to hold the office of Advocate if he becomes
a member of the Tribunal. Resignation

"58V. The Advocate may resign his office by writing signed by him and
delivered to the Minister. Termination of appointment

"58W. The Minister may terminate the appointment of the Advocate by reason of
misbehaviour or physical or mental incapacity. Acting Defence Force Advocate

"58X. (1) The Minister may appoint a person to act as the Advocate-

   (a)  during a vacancy in the office of the Advocate; or

   (b)  during any period, or during all periods, when the Advocate is absent
        from duty or from Australia or is, for any other reason, unable to
        perform the duties of his office, but a person appointed to act during
        a vacancy shall not continue so to act for more than 12 months.

"(2) While a person is acting as the Advocate, he has and may exercise all the
powers, and shall perform all the functions, of the Advocate.

"(3) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.

"(4) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person acting as the Advocate; and

   (b)  terminate such an appointment at any time.



"(5) Where a person is acting as the Advocate in accordance with paragraph (1)
(b) and the office becomes vacant while that person is so acting, then,
subject to sub-section (3), that person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the date on which the vacancy occurred expires, whichever first happens.

"(6) The appointment of a person to act as the Advocate ceases to have effect
if he resigns his appointment by writing signed by him and delivered to the
Minister.

"(7) The validity of anything done by a person purporting to act under this
section shall not be called in question on the ground that the occasion for
his appointment had not arisen, that there was a defect or irregularity in or
in connection with his appointment, that the appointment had ceased to have
effect or that the occasion for him to act had not arisen or had ceased. Fees
and allowances

"58Y. (1) The Defence Force Advocate shall be paid such fees and allowances as
the Remuneration Tribunal determines.

"(2) This section has effect subject to the Remuneration Tribunals Act 1973.".