Remuneration Tribunal Determination 2010/21 Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices, and Members of Parliament Entitlements (Cth)
Determination 2010/21:
Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices, and Members of Parliament - Entitlements
(i) Pursuant to subsections 7(1), 7(3) 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 day following the day it is registered in the Federal Register of Legislative Instruments unless otherwise specified.
PART 1 – FULL-TIME OFFICES
1.1 In this part, Determination Number 10 of 2010 (as amended) is referred to as the Principal Determination.
1.2Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Chairperson, Superannuation Complaints Tribunal (SCT)” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Chairperson, Superannuation Complaints Tribunal (SCT) | $182,570 | $250,080 | Nil | Tier 2 |
1.3Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Deputy Chairperson, SCT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Deputy Chairperson, SCT | $149,680 | $205,030 | Nil | Tier 2 |
1.4Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Principal Member, Veterans’ Review Board (VRB)” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Principal Member, Veterans’ Review Board (VRB) | $197,730 | $270,870 | Nil | Tier 1 |
1.5Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Senior Member, VRB” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Senior Member, VRB | $136,410 | $196,920 | Nil | Tier 2 |
1.6Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Principal Member, Social Security Appeals Tribunal (SSAT)” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Principal Member, Social Security Appeals Tribunal (SSAT) | $203,200 | $278,340 | Nil | Tier 2 |
1.7Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Senior Member, SSAT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Senior Member, SSAT | $174,670 | $239,290 | Nil | Tier 2 |
1.8Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Assistant Senior Member, SSAT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Assistant Senior Member, SSAT | $130,260 | $178,430 | Nil | Tier 2 |
1.9Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Member, SSAT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Member, SSAT | $119,640 | $163,870 | Nil | Tier 3 |
1.10Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Principal Member, Refugee Review Tribunal (RRT)” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Principal Member, Refugee Review Tribunal (RRT) | $210,820 | $296,940 | $39,430 | 2.2.3 | Tier 2 |
1.11Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Principal Member, Migration Review Tribunal (MRT)” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Principal Member, Migration Review Tribunal (MRT) | $210,820 | $296,940 | $39,430 | 2.2.3 | Tier 2 |
1.12Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Deputy Principal Member, RRT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Deputy Principal Member, RRT | $172,890 | $243,220 | $19,700 | 2.2.5 | Tier 2 |
1.13Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Deputy Principal Member, MRT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Deputy Principal Member, MRT | $172,890 | $243,220 | $19,700 | 2.2.5 | Tier 2 |
1.14Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Senior Member, RRT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Senior Member, RRT | $141,880 | $205,030 | Nil | Tier 2 |
1.15Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Senior Member, MRT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Senior Member, MRT | $141,880 | $205,030 | Nil | Tier 2 |
1.16Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Member, RRT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Member, RRT | $127,490 | $182,610 | Nil | 2.2.4 | Tier 2 |
1.17Table 2A of Part 2 of the Principal Determination is amended by deleting the current entry for “Member, MRT” and replacing it with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | Col 6 |
| Member, MRT | $127,490 | $182,610 | Nil | Tier 2 |
1.18 Sub-clause 2.2.5 of Part 2 of the Principal Determination is amended by replacing the last sentence with:
“Of the Column 4 figure, $14,400 will count towards salary for superannuation.”
1.19 Clauses 1.2 to 1.18 have effect on and from 1 January 2011.
PART 2 – PART-TIME OFFICES
2.1In this part, Determination Number 11 of 2010 (as amended) is referred to as the Principal Determination.
2.2 Table A1A of Schedule A of the Principal Determination is amended by replacing the current entry for “Commonwealth Grants Commission” with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | ||
| Commonwealth Grants Commission | (full-time) | 95,000 | a | 1 | ||
2.3 Clause 2.2 takes effect on and from 1 January 2011.
2.4 Table A1A of Schedule A of the Principal Determination is amended by replacing the current entry for “Migration Review Tribunal” with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | ||
| Migration Review Tribunal | - | 782 | d | A30 | 2 | |
2.5 Table A1A of Schedule A of the Principal Determination is amended by replacing the current entry for “Refugee Review Tribunal” with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | ||
| Refugee Review Tribunal | - | 782 | d | A31 | 2 | |
2.6 Table A1A of Schedule A of the Principal Determination is amended by replacing the current entry for “Superannuation Complaints Tribunal” with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | ||
| Superannuation Complaints Tribunal | (full-time) | 782 | d | 2 | ||
2.7 Table A1A of Schedule A of the Principal Determination is amended by replacing the current entry for “Veterans’ Review Board (Senior Member; Member)” with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | ||
| Veterans’ Review Board (Senior Member; Member) | 713 | d | 636 | d | 2 | |
2.8 Table A1A of Schedule A of the Principal Determination is amended by replacing the current entry for “Social Security Appeals Tribunal (SSAT) Member” with the following entry:
| Col 1 | Col 2 | Col 3 | Col 4 | Col 5 | ||
| Social Security Appeals Tribunal (SSAT) Member | - | 730 | d | A35 | 3 | |
2.9 Clauses 2.4 to 2.8 have effect on and from 1 January 2011.
2.10 Table A1A of Schedule A of the Principal Determination is amended by deleting the current entry for “SSAT Medical Member”.
2.11Clause A35 of the Additional Clauses to Table A1A of Schedule A of the Principal Determination is amended by replacing the current wording with the following:
“A35. Social Security Appeals Tribunal (SSAT): The maximum fees payable each year to part-time SSAT Members are capped at 80% of the sum of the base salary determined for full-time Senior Members. A member who is qualified to practise as a medical practitioner shall receive a minimum annual payment of ten times the daily fee.”
2.12 The Principal Determination is amended by deleting Clause A36 of the Additional Clauses to Table A1A of Schedule A.
2.13 The Principal Determination is amended by inserting the following Clause after sub-clause 2.10.4 of Part 2:
“2.11 Daily Fee – Social Security Appeals Tribunal (SSAT): The following sub-clauses apply, (and clauses 2.5 to 2.9 do not apply) in relation to a person who holds an office as a member of the SSAT on a part-time basis.
2.11.1 A daily fee is payable once such a person has undertaken official
business of five hours duration in aggregate, regardless of the day or days on
which that work is done.
2.11.2 The Principal Member of the SSAT is to certify the nature,
reasonableness and duration of official business undertaken prior to any
payment of fees to such a person.
2.11.3 Official business may include a hearing, preparation for a hearing,
decision writing, checking and travel time other than for travel between the
person’s home and principal place of work.
2.11.4In addition to fees specified a part-time member shall be paid a
cancellation fee equivalent to 50 per cent of one day’s fee for the cancellation
of all work on a day with fewer than 5 working days’ notice.
2.11.5 The maximum payment in respect of any one day shall be the
appropriate daily fee.”
2.14 Clauses 2.10 to 2.13 have effect on and from 1 January 2011.
PART 3 – JUDICIAL AND RELATED OFFICES – REMUNERATION AND ALLOWANCES
3.1 In this part, Determination Number 12 of 2010 (as amended) is referred to as the Principal Determination.
3.2 Table 2 of the Principal Determination is amended by deleting the current table “Rates of Remuneration – Non-Judicial Offices” and replacing it with the Table contained in Attachment A to this Determination.
3.3Clause 3.2 has effect on and from 1 January 2011.
3.4Table 3 of the Principal Determination is amended by deleting the current table “Rates of Remuneration – Offices on Total Remuneration” and replacing it with the table contained in Attachment B to this Determination.
3.5 Clause 5.5 of Part 5 of the Principal Determination is amended by replacing the first sentence with:
“Regardless of anything else in this Determination, salary for superannuation purposes is the Base Salary shown in Column 3 of Table 3 except where a relevant sub-clause (shown in Column 5 of that Table) varies that amount.”
3.6Part 5 of the Principal Determination is amended by inserting the following Clause after sub-clause 5.7.1:
“5.8 Additional Provisions for Specified Officers
5.8.1 Chief Executive Officer, Family Court of Australia: Mr Richard
Foster receives a personal loading of $34,660, meaning that he receives
$267,910 base salary and $367,000 Total Remuneration.”
3.7Clauses 3.4 to 3.6 have effect on and from 1 January 2011.
PART 4 – MEMBERS OF PARLIAMENT - ENTITLEMENTS
4.1In this part, Determination Number 18 of 2006 (as amended) is referred to as the Principal Determination.
4.2 The Principal Determination is amended by deleting the current wording of Clause 2.6 and replacing it with the following:
“2.6 When a senator or member is travelling by air, rail or sea at government expense, the fare shall not exceed the cost of a business class air fare for the most reasonable and usual route, between the departure and destination points. Where a business class air fare is not published for the destination point, the cost to the Commonwealth of travel by air, rail or sea must not exceed the economy class air fare for the most reasonable and usual route, between the departure and destination points.
2.6.1 Special circumstances: Where a senator or member provides a medical certificate stating that he or she is unable to travel by air, the Special Minister of State may approve payment of the full cost of the fare for travel by an alternative mode, or modes, of transport. The Special Minister of State may also approve car transport to the embarkation point, and from the point of arrival nearest the destination, if there is no other provision in this Determination which applies to that part of the trip. If travel under this provision necessarily includes an overnight journey, the senator or member should have access to private sleeper accommodation, where available.”
Signed this 20th day of December 2010.
| Signed | Signed | Signed |
| John C Conde AO PRESIDENT | John B Prescott AC MEMBER | Ms Jillian Segal AM MEMBER |
ATTACHMENT A
Table 2 | RATES OF REMUNERATION – NON–JUDICIAL OFFICES | ||||
| Effective on and from 1 January 2011 | |||||
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | |
| Authority | Office | Full-Time Office Base Salary $ | Part-Time Office Daily Fee $ | Travel Tier | |
| Federal Court of Australia | Registrar (1) | (see table 3) | 935 | 1 | |
| Assessor (Full-time) | 187,680 | - | 2 | ||
| Assessor (Part-time) | 187,680 | 867 | 1 | ||
| Copyright Tribunal | Deputy President (non-Judicial) (1) | - | 935 | 1 | |
| Member (1) | - | 935 | 1 | ||
| Australian Competition Tribunal | Member (2) | - | 867 | 1 | |
| Australian Law Reform Commission | President (non-Judicial) | 312,600 | - | 1 | |
| Deputy President | 225,300 | - | 1 | ||
| Member (Full-time) | 178,080 | - | 2 | ||
| Member (Part-time) (3) | 178,080 | 867 | 1 | ||
| Administrative Appeals Tribunal | Deputy President (1) (4) | 308,240 | 1,422 | 1 | |
| Senior Member (1) (4) | 243,290 | 1,125 | 1 | ||
| Member (4) (5) | 204,670 | 943 | 1 | ||
| National Native Title Tribunal | Deputy President (1) | (see table 3) | 1,230 | 1 | |
| Member (1) | (see table 3) | 902 | 1 | ||
| Defence Force Discipline Appeal Tribunal | Member | - | 742 | 1 | |
| Australian Security Intelligence Organisation | Prescribed Authority | - | 1,310 | 1 | |
(1) For part-time office holders a minimum annual payment of ten times the daily fee applies, whether the office holder receives a fee based on daily rates or on hourly rates (under 2.4).
(2) For part-time office holders an additional annual payment of $20,780 a year applies.
(3) For part-time office holders an additional annual payment of $20,780 a year applies.
(4) In addition to fees specified a part-time member shall be paid a cancellation fee equivalent to 50 per cent of one day’s fee for the cancellation of all work on a day with fewer than 5 working days’ notice.
(5) An AAT part-time Member appointed prior to 12 August 2004 will continue to receive an additional annual payment of ten times the daily fee whether they receive a fee based on daily rates or on hourly rates (under 2.4). An AAT Member appointed, or reappointed, after 12 August 2004 shall receive a minimum annual payment of ten times the daily fee whether they receive a fee based on daily rates or on hourly rates (under 2.4).
ATTACHMENT B
| Table 3 | RATES OF REMUNERATION – OFFICES ON TOTAL REMUNERATION | |||||
| Effective on and from 1 January 2011 | ||||||
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | |
| Authority | Office | Base Salary $ | Total Remune-ration $ | Reference Sub-clause | Travel Tier | |
| High Court of Australia | Chief Executive and Principal Registrar | 267,910 | 367,000 | 1 | ||
| Federal Court of Australia | Registrar | 267,910 | 367,000 | 1 | ||
| Family Court of Australia | Chief Executive Officer | 235,160 | 332,340 | 5.8.1 | 1 | |
| Federal Magistrates Court | Chief Executive Officer | 210,440 | 300,610 | 1 | ||
| National Native Title Tribunal | President (non-judicial) | 283,000 | 390,500 | 1 | ||
| Deputy President | 266,620 | 354,760 | 1 | |||
| Member | 195,320 | 272,410 | 1 | |||
| Registrar | 182,370 | 257,490 | 2 | |||
| Military Justice System | Chief Judge Advocate | 262,230 | 328,450 | - | 2 | |
| Registrar of Military Justice | 171,280 | 197,660 | - | 2 | ||
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