Remuneration Tribunal Determination 2010/10 Remuneration and Allowances for Holders of Full-Time Public Office (Cth)

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REMUNERATION TRIBUNAL

Determination 2010/10:

Remuneration and Allowances for Holders of Full-Time

Public Office

As amended.

Made under sub-section 7(3) and 7(4) of the Remuneration Tribunal Act 1973

Consolidated as at 19 May 2011 and incorporates amending determinations up to and including 2011/06 – Remuneration and Allowances for Holders of Public Office

This Determination governs remuneration and allowances for the full-time Public Offices specified in Table 2A. 

This Determination specifies the total value an Office Holder is to receive by way of salary and other benefits in respect of carrying out the functions and exercising the powers of his or her office.  The salary and benefits provided for in this Determination must not be supplemented.

The Determination comprises:

·      Part 1 – General;

·      Part 2 – Remuneration and related matters;

·      Part 3 – Allowances;

·      Part 4 – Official travel;

·      Part 5 – Recreation leave; and

·      Part 6 – Compensation for early loss of office.

PART 1 – GENERAL

1.1Authority:  This Determination is issued pursuant to sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.

1.2Effective Date:  This Determination takes effect on and from 1 August 2010.

1.3Effect on Earlier Determinations:  This Determination supersedes and revokes in full Determination 2009/18 (as amended) – Remuneration and Allowances for Holders of Full-Time Public Office.

1.4      Definitions: For the purposes of this Determination, the following definitions apply.

‘Agency’ means the agency to which the Office Holder is attached, or the portfolio department, if the office holder is not attached to an agency.

‘Base Salary’ means the applicable amounts specified in Column 2 of Table 2A of this Determination.

‘Benefits’ means all non-monetary benefits provided at the employer’s expense to or on behalf of an Office Holder as a personal benefit, including a vehicle (where provided – refer clause 2.8), the value attributed by the Remuneration Tribunal to the Superannuation Support (refer clause 2.7) and any other benefits received by way of remuneration packaging (refer clause 2.5).

‘Employer’ means the Commonwealth and includes any person authorised to exercise powers, perform acts, grant approvals or give directions for, or on behalf of, the Commonwealth.

‘Office Holder’ means the holder of an office listed in Column 1 of Table 2A of this Determination.

‘Superannuation Support’ means the amount ascertained in accordance with clause 2.7, representing the employer superannuation liability.

‘Total Remuneration’ is the amount shown in Column 3 of Table 2A plus any additional amount shown in Column 4.  It represents the value, calculated at the total cost to the employer (including Fringe Benefits Tax), of:

·salary (including Base Salary), allowances or lump sum payments; and

·Benefits;

but does not include:

·facilities provided as business support as referred to in Part 2;

·allowances specified in Part 3;

·reimbursement of expenses incurred on geographic relocation following appointment as an Office Holder, in accordance with agency policies and practices where approved by the employer;

·travelling allowances and expenditure referred to in Part 4;

·any payment in lieu of recreation leave in accordance with Part 5; and

·any compensation for early loss of office in accordance with Part 6.

PART 2 –REMUNERATION AND RELATED MATTERS

2.1      Total Remuneration: Office Holders are eligible for the annual amounts of Base Salary and Total Remuneration (including any additional amount shown in Column 4), as set out in Table 2A below with effect from 1 August 2010, unless otherwise specified.

TABLE 2A – FULL-TIME OFFICE HOLDERS – TOTAL REMUNERATION AND OTHER BENEFITS

Column 1

Office

Column 2

Base

Salary

(per annum)

Column 3

Total Remuneration

for office

(per annum)

Column 4

Additional Amount

of Total

Remuneration

(per annum)

Column 5

Refer Clause

Column 6

Travel Tier

Chair, Australian Prudential Regulation Authority (APRA)

$451,460

$646,710

Nil

2.6.1

Tier 1

Chairperson, Australian Securities and Investments Commission (ASIC)

$390,620

$568,110

Nil

Tier 1

Chairperson, Australian Competition and Consumer Commission (ACCC)

$390,620

$568,110

Nil

Tier 1
Solicitor-General $425,020 $567,640 Nil Tier 1
Deputy Chair, APRA $377,750 $541,120 Nil Tier 1
Member, APRA $359,320 $514,750 Nil Tier 1
Deputy Chairperson, ASIC $341,700 $477,210 Nil Tier 1

Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority (ACARA)

$328,750

$450,340

Nil

Tier 2

Commissioner, Australian Federal Police

$328,730

$450,310

Nil

Tier 1
Director of Public Prosecutions $341,510 $448,750 Nil Tier 1

Chief Executive Officer, Centrelink

$324,720

$444,820

Nil

Tier 1

Director-General of Security, Australian Security Intelligence Organisation

$317,660

$435,140

Nil

Tier 1

Chair, Australian Communications and Media Authority (ACMA)

$289,620

$413,730

$24,360

2.2.1

Tier 1
Member, ASIC $282,630 $411,890 Nil 2.2.9 Tier 1

Deputy President – Fair Work Australia

$304,520

$388,910

Nil

2.11

Tier 1

Director-General, Office of National Assessments

$279,270

$387,490

Nil

Tier 1

Chief Executive Officer, Australian Crime Commission

$268,180

$387,430

Nil

Tier 1

Inspector-General of Intelligence and Security

$264,920

$369,800

Nil

Tier 1

Commonwealth Ombudsman

$264,920

$369,800

Nil

Tier 1

Information Commissioner

Effective 1 November 2010 ref Det 2010/18

$269,960

$369,800

Nil

Tier 1

Vice Chief of the Defence Force

$260,040

$369,780

Nil

Tier 1

Examiner, Australian Crime Commission

$260,040

$369,780

Nil

Tier 1

Law Enforcement Integrity Commissioner

$260,040

$369,780

Nil

Tier 1
Chief of Navy $260,040 $369,780 Nil Tier 1
Chief of Army $260,040 $369,780 Nil Tier 1
Chief of Air Force $260,040 $369,780 Nil Tier 1
Deputy Chairperson, ACCC $273,980 $369,280 Nil Tier 1

Chief Commissioner, Australian Transport Safety Bureau Commission

$260,040

$353,840

Nil

Tier 1
Chief Scientist $258,310 $353,840 Nil Tier 1
Inspector-General of Taxation $247,160 $353,470 Nil Tier 1

President, Australian Human Rights Commission

$247,160

$353,470

Nil

2.2.2

Tier 1

Chair, Australian Energy Regulator

$260,040

$346,880

Nil

Tier 1

Chairperson, Productivity Commission

$260,040

$346,750

Nil

Tier 1

Chief Executive, Murray-Darling Basin Authority

$253,100

$346,690

Nil

Tier 2

Chief Executive Officer,

Health Workforce Australia

$250,780

$343,530

$31,230

2.2.12

Tier 2

Australian Building and Construction Commissioner

Effective 28 September 2010 ref Det 2010/17

$250,760

$343,500

Nil

Tier 1
Coordinator-General for Remote Indigenous Services $250,480 $343,120 Nil Tier 1
Member, ACCC $260,350 $340,870 Nil Tier 1
Fair Work Ombudsman $248,140 $339,900 Nil Tier 1
CEO, National Offshore Petroleum Safety Authority $236,910 $337,900 Nil Tier 1

Chair, Tax Practitioners Board

$242,650

$332,400

Nil

Tier 1

General Manager, Fair Work Australia

$238,740

$327,040

Nil

Tier 1

Australian Electoral Commissioner

$234,970

$318,390

Nil

2.2.7

Tier 1

Deputy Chair, ACMA

$240,710

$317,670

Nil

Tier 1

Associate Director of Public Prosecutions

$234,970

$312,760

Nil

Tier 1

CEO, Australian Radiation Protection and Nuclear Safety Agency

$209,200

$312,640

Nil

Tier 1

CEO, Australian Pesticides and Veterinary Medicines Authority

$227,280

$311,350

Nil

Tier 2

Chief Executive Officer, Safe Work Australia

$227,010

$310,950

Nil

Tier 2

Chief Executive Officer, Australian Organ and Tissue Donation and Transplantation Authority

$227,320

$310,950

Nil

Tier 2
Director of Military Prosecutions $248,240 $309,600 Nil Tier 2

Inspector-General of the Australian Defence Force

$248,240

$309,600

Nil

Tier 2

Commissioner,  Fair Work Australia

$233,750

$307,420

Nil

2.11

Tier 1

Freedom of Information Commissioner

Effective 1 November 2010 ref Det 2010/18

$224,190

$307,100

Nil

2.6.2

Tier 2

Privacy Commissioner

Effective 2 November 2010 ref Det 2010/18

$224,190

$307,100

Nil

2.2.14

Tier 2

Chairperson, Commonwealth Grants Commission

$234,970

$305,980

Nil

Tier 1

Chief Executive Officer, Australian Fisheries Management Authority Commission

$220,440

$301,960

$22,050

2.2.6

Tier 1

Director, Professional Services Review

$209,200

$297,740

Nil

Tier 1

CEO, National Transport Commission

$209,200

$296,990

Nil

Tier 1

Member, Australian Energy Regulator

$223,300

$292,380

Nil

Tier 1
Member, ACMA $223,300 $292,380 Nil Tier 1

Chairman, Pharmaceutical Benefits Advisory Committee

$213,200

$292,050

Nil

Tier 1

Registrar, Administrative Appeals Tribunal

$212,280

$290,780

Nil

Tier 1

Infrastructure Coordinator

$210,650

$288,550

Nil

Tier 1

Chief Executive Officer, Australian Sports Anti Doping Authority (ASADA)

$208,520

$285,630

$70,900

2.2.13

Tier 2

Principal Member, Refugee Review Tribunal (RRT)

Effective 1 January 2011 ref Det 2010/21

$210,820

$296,940

$39,430

2.2.3

Tier 2

Principal Member, Migration Review Tribunal (MRT)

Effective 1 January 2011 ref Det 2010/21

$210,820

$296,940

$39,430

2.2.3

Tier 2

Executive Director,

Australian Solar Institute

Effective 1 September 2010 ref Det 2010/15

$227,000

$310,950

Nil

Tier 2

Official Secretary to the Governor-General

$203,730

$275,570

Nil

Tier 2

Deputy Australian Building and Construction Commissioner

Effective 22 April 2011 ref Det 2011/04

$200,750

$275,000

Nil

Tier 2

Aged Care Commissioner

$197,180

$270,100

Nil

Tier 2

Sex Discrimination Commissioner

$187,800

$267,840

Nil

Tier 2

Race Discrimination Commissioner

$187,800

$267,840

Nil

Tier 2

Human Rights Commissioner

$187,800

$267,840

Nil

Tier 2

Disability Discrimination Commissioner

$187,800

$267,840

Nil

Tier 2

Aboriginal and Torres Strait Islander Social Justice Commissioner

$187,800

$267,840

Nil

Tier 2

Principal Member, Social Security Appeals Tribunal (SSAT)

Effective 1 January 2011 ref Det 2010/21

$203,200

$278,340

Nil

Tier 2

Chief Executive, National Capital Authority

$195,090

$267,240

Nil

Tier 2

Administrator of the Northern Territory

$209,200

$263,870

Nil

Tier 1

Principal Member, Veterans’ Review Board (VRB)

Effective 17 February 2011 ref Det 2011/01

$197,730

$270,870

Nil

2.2.11

Tier 1
Gene Technology Regulator $196,470 $258,390 Nil 2.2.10 Tier 2

Registrar of Aboriginal and Torres Strait Islander Corporations

$187,860

$257,340

Nil

Tier 2

General Manager, Aboriginal Hostels Limited (AHL)

Effective 15 April 2011 ref Det 2011/03

$186,150

$255,000

Nil

2.2.15

Tier 2

Member, Tax Practitioners Board

$183,950

$251,980

Nil

Tier 2

Deputy Commonwealth Ombudsman

$196,470

$251,610

$7,112

2.2.16

Tier 2

Director General, Australian Safeguards and Non-Proliferation Office

$187,800

$250,820

Nil

Tier 2

Chairperson, Indigenous Land Corporation

$187,800

$250,230

Nil

Tier 2

Chairperson, Superannuation Complaints Tribunal (SCT)

Effective 1 January 2011 ref Det 2010/21

$182,570

$250,080

Nil

Tier 2

Administrator, Christmas and Cocos (Keeling) Islands

$170,300

$237,940

Nil

Tier 2

Deputy Principal Member, RRT

Effective 1 January 2011 ref Det 2010/21

$172,890

$243,220

$19,700

2.2.5

Tier 2

Deputy Principal Member, MRT

Effective 1 January 2011 ref Det 2010/21

$172,890

$243,220

$19,700

2.2.5

Tier 2

Chairperson, Torres Strait Regional Authority

$152,700

$232,490

Nil

Tier 2

Administrator, Torres Strait Regional Authority

$152,700

$232,490

Nil

Tier 2

Senior Member, SSAT

Effective 1 January 2011 ref Det 2010/21

$174,670

$239,290

Nil

Tier 2

Executive Director of Township Leasing

$167,760

$229,840

Nil

Tier 2

Private Health Insurance Ombudsman

$166,240

$229,800

Nil

Tier 2
Director, Classification Board $162,810 $223,020 Nil 2.9 Tier 2

Deputy Chairperson, SCT

Effective 1 January 2011 ref Det 2010/21

 $149,680 $205,030 Nil Tier 2

Senior Member, RRT

Effective 1 January 2011 ref Det 2010/21

 $141,880 $205,030 Nil Tier 2

Senior Member, MRT

Effective 1 January 2011 ref Det 2010/21

 $141,880 $205,030 Nil Tier 2

Deputy Director, Classification Board

$139,970

$191,730

Nil

2.9

Tier 2

Senior Member, VRB

Effective 1 January 2011 ref Det 2010/21

 $136,410 $196,920 Nil Tier 2
Administrator, Norfolk Island $122,580 $185,700 Nil Tier 2

Chairman (full-time), Central Land Council

$122,580

$175,970

Nil

Tier 3

Member, RRT

Effective 1 January 2011 ref Det 2010/21

 $127,490 $182,610 Nil 2.2.4 Tier 2

Member, MRT

Effective 1 January 2011 ref Det 2010/21

 $127,490 $182,610 Nil Tier 2

Assistant Senior Member, SSAT

Effective 1 January 2011 ref Det 2010/21

$130,260

$178,430

Nil

Tier 2

Chairman (full-time), Northern Land Council

$122,580

$165,910

Nil

Tier 2

Member, SSAT

Effective 1 January 2011 ref Det 2010/21

$119,640

$163,870

Nil

Tier 3

Senior Classifier, Classification Board

$122,580

$141,510

Nil

Tier 2
Classifier, Classification Board $96,690 $111,600 Nil 2.4 Tier 3

2.2Additional Provisions:  Where an additional annual amount is specified in Column 4 of Table 2A in relation to an Office Holder, payment will be subject to the provisions of the sub-clause shown in Column 5.  The amount will be added to the figure in Column 3 to provide Total Remuneration for that Office Holder.

2.2.1ACMA, Chair:  Mr Christopher Chapman will receive a personal loading as shown in Column 4 of Table 2A while he occupies the office shown in Column 1.

2.2.2HREOC President: the Hon Catherine Branson will receive $201,080 base salary and $275,440 Total Remuneration while she occupies the office shown in Column 1.

2.2.3Migration Review Tribunal and Refugee Review Tribunal, Principal Member: A dual appointee as Principal Member of the Migration Review Tribunal and Refugee Review Tribunal is entitled to Tier 1 travel and will receive an additional loading as shown in Column 4 of Table 2A.  This loading is included in superannuation salary.

2.2.4     Refugee Review Tribunal:  Where a person held an appointment as a Full-time Member of the Refugee Review Tribunal on 17 April 2004, that person will be eligible for a personal loading of $5,300 per annum while continuing to hold an appointment (including re-appointment) as a Member.  The loading does not count towards superannuation salary.

2.2.5Refugee Review Tribunal and Migration Review Tribunal: An office holder who holds dual appointments as Deputy Principal Member of the RRT and of the MRT will be entitled to the remuneration determined for one of those offices, including the additional Total Remuneration figure in Column 4.  Of the Column 4 figure, $14,400 will count towards salary for superannuation.

2.2.6Australian Fisheries Management Authority Commission: Mr Glenn Hurry will receive a personal loading as shown in Column 4 of Table 2A while he occupies the office shown in Column 1. The loading does not count towards superannuation salary.

2.2.7  Australian Electoral Commissioner: Mr Ed Killesteyn will receive $248,730 base                           salary and $353,590 Total Remuneration while he occupies the office shown in                                    Column 1.

2.2.8Deleted

2.2.9   ASIC: Dr Peter Boxall AO will receive $392,100 base salary and $490,110 Total       Remuneration while he occupies the office shown in Column 1.

2.2.10  Gene Technology Regulator: Dr Joe Smith will receive $215,960 base salary and               $284,150 Total Remuneration while he occupies the office shown in Column 1.

2.2.11  Principal Member, Veterans’ Review Board: Mr Doug Humphreys will receive   $203,910 base salary while he occupies the office shown in Column 1, with effect from  22 March 2010.

2.2.12  Health Workforce Australia, Chief Executive Officer: Mr Mark Cormack will       receive a personal loading as shown in Column 4 of Table 2A from 1 August 2010                             to 26 January 2014.

2.2.13  Australian Sports Anti Doping Authority, Chief Executive Officer: Ms Aurora                  Andruska will receive a personal loading as shown in Column 4 of Table 2A from

   10 May 2011 until 9 May 2012.

2.2.14  Privacy Commissioner: Mr Timothy Pilgrim will receive $234,970 base salary,       $339,870 Total Remuneration with Tier 1 Travel while he occupies the office in                        Column 1 until 1 November 2010 inclusive.

2.2.15 Aboriginal Hostels Limited (AHL), General Manager: Mr Roger Barson will       receive $197,179 base salary and $254,545 Total Remuneration while he occupies                            the office shown in Column 1.

2.2.16 Deputy Commonwealth Ombudsman: Ms Alison Larkins will receive a personal                          loading as shown in Column 4 of Table 2A from 10 March 2011 until 16 April 2011,               and then with effect from 17 April 2011, base salary (salary for superannuation    purposes) of $203,342 and Total Remuneration of $258,722.

2.3Part-time work:  Where approval is given by the employer for an Office Holder to perform the duties of an Office on a part-time basis, the Base Salary and Total Remuneration contained in Table 2A will be payable on a pro-rata basis in accordance with the proportion of full-time hours worked.  Where proposed hours are less than 60 per cent of the full-time rate, prior agreement of the Remuneration Tribunal is required to the remuneration level. 

2.4Temporary Classifier:  Where a person is appointed to the Classification Board as a Temporary Classifier, a daily fee of $459 is payable from 1 August 2010, in lieu of other provisions in this Part.  The provisions of Part 3 (Allowances), Part 5 (Recreation leave) and Part 6 (Compensation for early loss of office) do not apply.

2.5      Remuneration packaging: Subject to this Part, an Office Holder may elect to receive the value of remuneration as salary or as a combination of salary and Benefits.  The Office Holder must take at least 50 per cent of Superannuation Salary as salary, except where agency policies and procedures on salary packaging allow otherwise.  Any election must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office.  Any election must not result in a cost to the employer (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if Benefits able to be taken as salary were taken as salary.

2.6      Superannuation Salary: Regardless of anything else in this Determination, salary for superannuation purposes will be the Base Salary plus any additional amount shown in Column 4 of Table 2A where the relevant sub-clause specifies that the loading is included as superannuation salary.  This will be:

·the Office Holder’s annual rate of salary for the purposes of the Superannuation (CSS) Regulations, (and therefore the superannuation salary for the purposes of the Superannuation Act 1976 and the Superannuation Act 1990); or

·in the case of the holders of the offices of Vice-Chief of the Defence Force, Chief of Navy, Chief of Air Force, Chief of Army and Director of Military Prosecutions, that officer holder’s annual rate of salary for the purposes of the Defence Force Retirement and Death Benefits Act 1973, the Defence Force Retirement and Death Benefits (Annual Rate of Pay) Regulations, the Military Superannuation and Benefits Scheme Act 1991 and the Rules of the Military Superannuation and Benefits Scheme.

2.6.1    APRA: Notwithstanding the above provisions, the salary for superannuation               purposes of Dr John Laker will be $518,330 from 1 August 2010, while he occupies                  the office of Chair, Australian Prudential Regulation Authority.

2.6.2      Freedom of Information Commissioner: Notwithstanding the above provisions,                 the salary for superannuation purposes of Dr James Popple will be $227,896 from               1 November 2010, while he occupies the office of Freedom of Information            Commissioner.

2.7     Employer Superannuation Support:  Total Remuneration will be taken to include the         Superannuation Support provided by the employer in respect of an Office Holder, which        has the value ascertained under sub-clause 2.7.1 or the amount of contributions under         sub-clause 2.7.2. Contributions made on a salary sacrifice basis do not form part of       Superannuation Support; these are covered by clause 2.5 (Remuneration packaging).

2.7.1  Defined Benefits Schemes:  In the case of an Office Holder who may be eligible for          defined benefits under a Commonwealth superannuation scheme, the value of                       Superannuation Support will be taken to be 15.4 per cent of Base Salary. 

2.7.2  Other Schemes:  In the case of an Office Holder not covered by sub-clause 2.7.1,              the value of Superannuation Support will be the contributions actually paid, or liable        to be paid, by the employer in respect of the Office Holder to a superannuation                       scheme.

2.7.3  No cash in lieu:  The value attributable by virtue of this clause to Superannuation       Support is referable to a non-salary component of Total Remuneration and may not          be the subject of an election to take an equivalent amount of salary instead.

2.8       Vehicles: Where an Office Holder accepts an offer of an agency owned or leased vehicle for private use, the office holder’s Total Remuneration will be reduced by the  actual cost of the vehicle to the agency plus parking and fringe benefits taxation, less a  reasonable amount (if any) reflecting business usage patterns.  Where an Office Holder has access to an agency owned or leased vehicle for private use, the Office Holder will be considered to have accepted an offer of a vehicle for the purposes of this provision. Any business usage amount is to be assessed on log book records for at least a 12 week representative period.  Where the annual business kilometres are less than 5,000 it will be based on the ‘cents per kilometre’ method. Where business kilometres are 5,000 kilometres or more, the percentage of business use to total kilometres travelled per annum will be applied to the total cost of the vehicle.

2.9Classification Board: On any occasion when the Deputy Director acts as Director, he  or she will be entitled to the remuneration and other conditions determined for the       Director.

2.10Business Support: Where an Office Holder is provided with communications, information technology and other office facilities necessary for the efficient conduct of his or her office, incidental private use of those facilities by the office holder does not necessitate the value of the facilities being included in Total Remuneration.

2.11Fair Work Australia: Where an appointee as Deputy President or Commissioner of Fair Work Australia is a Judge, the comparative salary for the purposes of s.637(6) of the Fair Work Act 2009 is the amount in Column 2.

PART 3 – ALLOWANCES

3.1Accommodation Allowance:The Office Holders listed in Column 1 of Table 3A will be eligible to receive an accommodation allowance (subject to expenditure) as shown in Column 3 of Table 3A whilst they occupy the office shown in Column 2.  This amount is to assist the Office Holder in meeting settling-in and commercial rental accommodation costs (including one-off utility connection costs) in the office location:

(a)  while they also continue to have a property other than in the office location, as their principal place of residence; and

(b) it will not be paid for such periods that they live in premises owned by them at the office location.



An Office Holder will not be eligible to access travel allowance entitlements in the home locality or the office locality whilst they remain eligible to receive the accommodation allowance.  However, where in terms of the ongoing arrangement it would clearly be more cost effective for the agency to provide travel allowance entitlements in the office locality, the agency should decide at the earliest practical opportunity to pay travel allowance rather than the accommodation allowance.

Where the commercial accommodation does not include cooking facilities, the cost of meals may form part of the payment, within the accommodation cap set for an Office Holder.

TABLE 3A – ACCOMMODATION ALLOWANCES

Column 1
Office Holder 		Column2
Office 		Column 3
Allowance (pa) 		Column 4
Refer Clause
Mr D O’Brien Principal Member, MRT/RRT $32,780

Mr M Gooda

Aboriginal and Torres Strait Islander Social Justice Commissioner, Australian Human Rights Commission

$32,780
Mr R Freeman Chief Executive, Murray-Darling Basin Authority $28,500
Mr M Cormack

Chief Executive Officer,

Health Workforce Australia

 $28,500
Mr P Watson Executive Director of Township Leasing $20,800
Mr M Twidell Executive Director, Australian Solar Institute $20,000

3.1.1Classification Board:  Subject to individual qualification for this allowance, to be decided by the employer in accordance with agency guidelines, Members who have, or had, to relocate to Sydney to take up their appointment will be paid an accommodation allowance of $13,500 per annum. The allowance does not represent salary for superannuation.

3.1.2     Defence Chiefs: The employer may approve housing assistance in accordance with agency policy and practices for the Vice-Chief of the Defence Force, the Chief of Navy, the Chief of Air Force, the Chief of Army and the Director of Military Prosecutions.

3.1.3     Official residence:  Where residing in an official residence is a requirement of an office, total remuneration does not include the value of accommodation in the official residence, or the running costs of the premises.

3.1.4Non-commercial accommodation:  Where an office holder listed in Column 1 of Table 3A elects to be accommodated in private, non-commercial accommodation, such as the home of a family member or friend, a rate of one third of the accommodation allowance in Column 3 of Table 3A is payable in lieu of the amount specified in Column 3.

3.2      Reunion Travel:  The Office Holders shown in Column 1 of Table 3B may receive travel costs of up to the amount shown in Column 3 from their employer for travel back to their principal place of residence for the purposes of family reunion while they continue to occupy the office shown in Column 2.  Where the agency decides, as provided in Clause 3.1 of this Determination, to pay an office holder travel allowance instead of accommodation allowance, any reunion travel allowance in Table 3B for that office holder will cease to apply at the same time.

TABLE 3B – REUNION TRAVEL

Column 1
Office Holder 		Column 2
Office 		Column 3
Allowance (pa)
Mr M Twidell Executive Director, Australian Solar Institute $4,650

Mr D O’Brien

Principal Member, Migration Review Tribunal and Refugee Review Tribunal

$9,950

Mr M Gooda

Aboriginal and Torres Strait Islander Social Justice Commissioner, Australian Human Rights Commission

$10,200
Mr R Freeman Chief Executive, Murray-Darling Basin Authority $20,930
Mr M Cormack Chief Executive Officer, Health Workforce Australia $21,220

PART 4 – OFFICIAL TRAVEL

General Travel Provisions

4.1The provisions of Determination 2004/03 (as amended) – Official Travel by Office Holders – apply to offices covered by this Determination, subject to any exclusions or limitations in this Determination.  In establishing entitlements, the Travel Tier identified in this Determination for an office will apply under Determination 2004/03.

4.1.1    ACCC: the ACCC may put in place arrangements for Members’ travel to Canberra   that are more cost effective than the travel entitlements they are otherwise entitled           to under this Determination.

4.1.2   Administrator, Christmas and Cocos (Keeling) Islands: For the period of his                   appointment, Mr Brian Lacy and any immediate family members normally resident       with him on Christmas Island shall be entitled to two return economy class fares per                annum each between his home and work base.

PART 5 – RECREATION LEAVE

5.1Recreation Leave entitlements:  The provisions of Determination 2007/09 (as amended) – Recreation Leave for Full-Time Holders of Relevant Offices apply to full-time[1] Offices listed in Column 1 of Table 2A in this Determination to the extent specified in that Determination.

[1] Note that the Remuneration Tribunal may only determine recreation leave in respect of full-time office holders – refer s7(3AA) of RT Act.  Leave (if any) for Part-time Office Holders is determined by the relevant Minister or the Governor-General.

5.1.1     Human Rights and Equal Opportunity Commission. For the period of her appointment as President, the Hon Catherine Branson is entitled to two weeks recreation leave per annum, additional to any entitlement in Clause 5.1.

5.1.2Administrator, Christmas and Cocos (Keeling) Islands: For the period of his appointment, Mr Brian Lacy is entitled to seven days recreation leave per annum, additional to any entitlement in Clause 5.1.
PART 6 – COMPENSATION FOR EARLY LOSS OF OFFICE

6.1Compensation for early loss of office for an Office Holder will be in accordance with the provisions of Determination 2007/07: Compensation for Loss of Office for Holders of Public Office.

6.2Where an Office Holder serves the full term of appointment, no entitlement to payment under this part arises.

Notes to Remuneration Tribunal Determination 2010/10:

Remuneration and Allowances for Holders of Full-Time Public Office

This determination as shown in this compilation is amended as indicated in the tables below. Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of FRLI registration

Date of commencement

 Application, saving or transitional provisions

Determination 2010/10 – Remuneration and Allowances for Holders of Full-Time Public Office

24/08/2010

F2010L02358

1/08/2010

-

Determination 2010/15 – Remuneration and Allowances for Holders of Public Office

16/09/2010

F2010L02488

Cl 1.1,1.4 – 17/09/2010

Cl 1.2,1.3 – 1/09/2010

-

Determination 2010/17 – Remuneration and Allowances for Holders of Public Office

12/10/2010

F2010L02691

Cl 1.1,1.3 – 13/10/2010

Cl 1.2 – 28/09/2010

-

Determination 2010/18 – Remuneration and Allowances for Holders of Public Office

28/10/2010

F2010L02865

Cl 1.1, 1.4, 1.6, 1.7 – 29/10/2010

Cl 1.2, 1.3 – 1/11/2010

Cl 1.5 – 2/11/2010

-

Determination 2010/20 – Remuneration and Allowances for Holders of Public Office

22/11/2010

F2010L03035

Cl 1.1, 1.2, 1.3 – 23/11/2010

-

Determination 2010/21 – Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices, and Members of Parliament – Entitlements

22/12/2010

F2010L03355

Cl 1.1, 1.19 – 23/12/2010

Cl 1.2 to 1.18 – 1/01/2011

-

Determination 2011/01 – Remuneration and Allowances for Holders of Public Office

16/02/2011

F2011L00267

Cl 1.1, 1.2, 1.3  – 17/02/2011

-

Determination 2011/02 – Remuneration and Allowances for Holders of Public Office and Members of Parliament

1/04/2011

F2011L00554

Cl 1.1, 1.2, 1.3 – 2/04/2011

-

Determination 2011/03 – Remuneration and Allowances for Holders of Public Office

11/04/2011

F2011L00595

Cl 1.1, 1.3, 1.4, 1.5, 1.6 – 12/04/2011

Cl 1.2 – 15/04/2011

-

Determination 2011/04 – Remuneration and Allowances for Holders of Public Office

21/04/2011

F2011L00625

Cl 1.1, 1.2, 1.3, 1.4 – 22/04/2011

-

Determination 2011/06 – Remuneration and Allowances for Holders of Public Office

19/05/2011

F2011L00814

Cl 1.1, 1.2, 1.3 – 20/05/2011

-

Notes to Remuneration Tribunal Determination 2010/10:

Remuneration and Allowances for Holders of Full-Time Public Office

Table of Amendments

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

Provision affected How affected
Part 2
Table 2A

am 2010/15, am 2010/17, am 2010/18, am 2010/20, am 2010/21, am 2011/01, am 2011/02,

am 2011/03, am 2011/04, am 2011/06
Clause 2.2.5 am 2010/21
Clause 2.2.8 rep 2011/02
Clause 2.6.2 ad 2010/20
Clause 2.2.11 rep 2010/15, ad 2011/01
Clause 2.2.13 am 2011/06
Clause 2.2.14 am 2010/18
Clause 2.2.15 ad 2011/03
Clause 2.2.16 ad 2011/03
Part 4
Clause 4.1.2 ad 2011/04
Part 5
Clause 5.1.2 ad 2011/04

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