Remuneration Tribunal Determination 2006/11 Remuneration and Allowances for Holders of Public Office and Members of Parliament (Cth)

Determination 2006/11:

Remuneration and Allowances for Holders of Public Office and Members of Parliament

(i)        Pursuant to subsections 5(2A),7(1), 7(3), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal has inquired into the remuneration and allowances to be paid to holders of public office, and other matters significantly related thereto, and determines as set out below.

(ii)        This Determination takes effect on and from the date of signature unless otherwise specified.

PART 1 – PART-TIME OFFICES

1.1       In this part, Determination Number 5 of 2005 (as amended) is referred to as the Principal Determination.

1.2       Table A1A of Schedule A of the Principal Determination is amended by omitting the entry ‘Tier 2’ in Column 6 against ‘Australian Reinsurance Pool Corporation’, and substituting the entry ‘Tier 1’.

1.3       Clause 1.2 takes effect on and from 8 May 2006.

1.4       Table A1A of Schedule A of the Principal Determination is amended by deleting the entry for ‘Australian Sports Drug Agency ²²’, with its associated entries in Columns 2 to 6.  This also deletes footnote 22, causing the renumbering of subsequent footnotes.

1.5        Table A1A of Schedule A of the Principal Determination is amended by including the following entries at the end of the Table:

Column 1	2	3	4	5	6
Cancer Australia	31,350	p/a	16,030	p/a	Tier 2
Australian Sports Anti-Doping Agency (ASADA)17	(full-time)	-	20,910	p/a	Tier 2

1.6        The entry in Clause 1.5 in respect of Cancer Australia takes effect on and from 3 May 2006 and the entry in respect of ASADA takes effect on and from 14 March 2006.

1.7        In the period commencing 14 March 2006, any office holder in the Australian Sports Drug Agency who became an office holder in the Australian Sports Anti-Doping Agency should only be paid fees for the latter office.

PART 2 – PRINCIPAL EXECUTIVE OFFICE CLASSIFICATION STRUCTURE

2.1     In this part, Determination 2005/19 (as amended) is referred to as the Principal Determination.

2.2     The Principal Determination is amended by omitting Table A1 titled “Principal Executive Office Classification Structure and Remuneration Ranges with effect from 1 July 2006” and replacing it with the following table and related footnotes:

Table A1 – Principal Executive Office Classification Structure and Remuneration   Ranges with effect from 1 July 2006

PRINCIPAL EXECUTIVE OFFICE CLASSIFICATION STRUCTURE
Superannuation Salary Band Range[7]		Total Remuneration Band  Range[8]
PEO BAND A	up to $134,770		Up to $184,610
Reference salary A[9]	$118,950
PEO BAND B	$102,200  -  $182,880		$140,000 - $250,520
Reference salary B	$140,620
PEO BAND C	$138,700  -  $259,670		$190,000 - $355,710
Reference salary C	$191,060
PEO BAND D	$200,750 - $336,620	$275,000 - $461,120
Reference salary D	$271,230
PEO BAND E	from $288,350		from $395,000

[7]

[8] The Total Remuneration range for each Band is normally adjusted from 1 July each year.

[9] This salary is identified as the reference salary for the purposes of clause 1(4)(b) of Schedule 3 to the Remuneration and Allowances Act 1990.

PART 3 – SPECIFIED STATUTORY OFFICES

3.1       In this part, Determination Number 5 of 2006 is referred to as the Principal Determination.

3.2       The Principal Determination is amended by omitting the current Table 1 and substituting the following Table 1:

Column 1	Column 2	Column 3
Specified Statutory Office	Base (superannuable) Salary – per annum	Total Remuneration per annum
Chief of the Defence Force	$287,850	$394,320
Auditor-General for Australia	$269,320	$368,920
Australian Statistician	$269,320	$368,920
Commissioner of Taxation	$269,320	$368,920
CEO of Customs (subject to review on vacancy)	$269,320	$368,920

3.3     

Clause 2.7 of the Principal Determination is amended by omitting “7 per cent” and substituting “10 per cent”.

3.4     Clauses 3.2 and 3.3 take effect on and from 1 July 2006.

PART 4 – MEMBERS OF PARLIAMENT

4.1       In this part, Determination 2005/09 (as amended) is referred to as the Principal Determination.

4.2       The Principal Determination is amended by omitting the current clauses 2.8 to 2.26 and substituting the following:

“2.8  For the purposes of this determination:

‘dependent child’ means:

(a)         a person under the age of 16 who:

(i)   is in the custody, care and control of the senator or member, or is a person to whom the senator or member has access; or

(ii)  where no other person has the custody, care and control of the person - is wholly or substantially in the care and control of the senator or member; or

(b)         a person who is aged at least 16 but is under 25 and is wholly or substantially dependent on the senator or member; and

(c)         is not a person who is otherwise receiving the entitlements of a nominee.

‘designated person’ means a person or persons (not being a dependent child, spouse or nominee or a member of the staff of the senator or member) nominated by the senator or member who:

(a)         is substantially dependent on the senator or member; or

(b)         has significant caring responsibilities for:

(i)   a person substantially dependent on the senator or member; or

(ii)  the senator's or member's spouse, nominee, or dependent child; or

(c)         is any other member of the senator's or member's family.

‘accompany’ means to travel with a senator or member to the final destination of a trip he or she is undertaking.

‘join’ means to travel to meet a senator or member for a period of at least 3 hours.

‘interstate trip’ means a trip:

(a)         from one state to another state or territory; or

(b)         from a territory to a state or territory; or

(c)         from a territory or state to an external territory when travel is to accompany or join a senator or member traveling under Clauses 2.5(c), 2.5(d) and 2.5(e), except if the external territory forms part of the senator’s or member’s electorate.

‘nominee’ means a person nominated by the senator or member and approved at the discretion of the Special Minister of State; a senator or member may only have one nominee at any time.

‘year’ means a period commencing 1 July and ending on the following 30 June.

2.9   Subject to clauses 2.10 to 2.20, a senator or member is entitled to be accompanied or joined when traveling at Commonwealth expense on parliamentary, electorate or official business by any one or more of the senator’s or member’s:

(a)         spouse or nominee;

(b)         dependent children;

(c)         designated person(s).

2.10  The entitlement under clause 2.9 is limited to travel for non-commercial purposes by:

(a)         scheduled commercial services by any mode of transport, by the most direct route to the intended destination for the mode of transport used without voluntary stopovers; and

(b)         special purpose (Defence) aircraft the use of which has been approved by the Minister for Defence before the particular travel.

2.11  In addition to Clause 2.10, where the spouse, nominee, dependent child or designated person, in relation to a senator or member from:

(a)         Western Australia;

(b)         the Northern Territory; or

(c)         Queensland at least 1,100kms flight distance from Brisbane;

travels to or from Canberra, the journey may be broken by one stop-over of one night in a capital city, provided the journey to or from Canberra is completed.

Canberra and Intra-State Family Travel (other than for ACT Senators and Members)

2.12  The cost of travel listed in clause 2.14 below is limited to the combined value of:

(a)         9 business class return trips to Canberra from the spouse’s or nominee’s principal place of residence; and

(b)         3 business class return trips to Canberra from the principal place of residence for each dependent child.

OR    for senators and members, whose principal place of residence is within 150km of Canberra by road, the combined value of:

(c)         9 business class return trips between Canberra and Sydney for the spouse or nominee; and

(d)         3 business class return trips between Canberra and Sydney for each dependent child.

2.13  The value of the fares under Clause 2.12 will be calculated on 1 July each year for expenditure during that year.  Where a business class fare is not available, the cost of travel is limited to the value of an economy class fare for the most reasonable and usual route between the departure and destination points.

2.14  Within the cost limitation described in Clauses 2.12 and 2.13 above, a senator’s or member’s spouse, nominee, dependent child or designated person may travel at the class of travel selected by the senator or member between the following locations:

(a)         to Canberra;

(b)         from Canberra to the senator's or member's electorate or their principal place of residence;

(c)         on intra-state trips within the senator’s or member’s home state or territory (except when the family member would be traveling to join the senator or member at the principal place of residence after they have been to another destination for private purposes); or

(d)         for a spouse or nominee, from the spouse's or nominee’s principal place of residence to the senator’s or member's electorate.

Inter-State Family Travel (including for ACT Senators and Members)

2.15  In addition to the entitlement described in Clauses 2.12, 2.13 and 2.14, all senators and members (including those from the ACT) are entitled to be accompanied or joined at Commonwealth expense on a total of 3 business class return inter-state trips each year.  The senator or member may choose which combination of a spouse or nominee, dependent child or designated person may access this entitlement.

2.16  Such inter-state trips may be converted to intra-state trips or trips to Canberra; the basis of the conversion being one trip for one trip.

No Carry Over Provision

2.17  A trip is deemed to be a trip in a year only if commenced in that year.

2.18  For each year, if the entitlement to Canberra / intra-state travel is not fully spent, or the inter-state trips are not used, the unused portion of the entitlement will not be added to the entitlement for any later year.

Representational Travel

2.19  Where a senator or member has an entitlement to travel under the provisions of this Determination and is prevented by illness or parliamentary or family reasons from attending one of the functions set out below, then the senator or member may be represented by his or her spouse or nominee at:

(a)     a funeral;

(b)     a function where the spouse or nominee accepts an award or honour on behalf of the senator or member;

(c)     a function within the electorate to which the senator or member has been invited; or

(d)     any other function as approved by the Special Minister of State.

The cost of such a trip shall be deducted from the cost limitation calculated under clauses 2.12 and 2.13.

Additional Travel

2.20  In addition to the entitlement of a senator or member under clause 2.9, the following travel shall be at Commonwealth expense:

(a)     travel by the senator's or member's spouse or nominee in order to attend an official government, parliamentary or vice-regal function as an invitee; and

(b)     travel to Canberra by the spouse of a sitting senator or member who has satisfied the qualifying periods for the issue of a Life Gold Pass, where the travel is to accompany or join the senator or member.”

4.3         Clause 4.2 takes effect on and from 1 July 2006.

The Superannuation Salary for a PEO is determined by the Employing Body in accordance with clause 2.7.