Remuneration Tribunal Determination 2011/08 Remuneration and Allowances for Holders of Full-Time Public Office (Cth)

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REMUNERATION TRIBUNAL

Determination 2011/08:  

Remuneration and Allowances for Holders of Full-Time Public Office

As amended.

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

Consolidated as at 1 June 2012 and incorporates amending determinations up to and including 2012/08 – 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 July 2011.

1.3Effect on Earlier Determinations:  This Determination supersedes and revokes in full Determination 2010/10 (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 July 2011, 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)

Effective 10 August 2011 ref Det 2011/17

 $560,000 $800,000 Nil 2.6.1 1

Chairperson, Australian Securities and Investments Commission (ASIC)

Effective 10 August 2011 ref Det 2011/17

 $490,000 $700,000 Nil 1

Chairperson, Australian Competition and Consumer Commission (ACCC)

Effective 10 August 2011 ref Det 2011/17

$490,000

$700,000

Nil

1

Solicitor-General

Effective 10 August 2011 ref Det 2011/17

 $511,000 $700,000 Nil 1

Deputy Chair, APRA

Effective 10 August 2011 ref Det 2011/17

 $448,000 $640,000 Nil 1

Member, APRA

Effective 10 August 2011 ref Det 2011/17

 $420,000 $600,000 Nil 1

Deputy Chairperson, ASIC

Effective 10 August 2011 ref Det 2011/17

 $392,000 $560,000 Nil 1

Chairman, Productivity Commission

Effective 1 May 2012 refer Det 2012/08

 $385,000 $550,000 Nil 1

Member, ASIC

Effective 10 August 2011 ref Det 2011/17

 $350,000 $500,000 Nil 1

Chair, Australian Communications and Media Authority (ACMA)

Effective 1 May 2012 refer Det 2012/08

 $350,000 $500,000 Nil 1

Deputy Chairperson, ACCC

Effective 10 August 2011 ref Det 2011/17

 $367,500 $525,000 Nil 1

Chair, Australian Energy Regulator

Effective 10 August 2011 ref Det 2011/23

$350,000

$500,000

Nil

1

Chief Executive Officer, National Mental Health Commission (NMHC)

Effective 1 January 2012 ref Det 2012/01

$376,640

$470,790

Nil

2

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

$338,620

$463,860

Nil

2
Commissioner, Australian Federal Police $338,600 $463,820 Nil 1
Director of Public Prosecutions $351,760 $462,220 Nil 1

Chief Executive Officer, Centrelink

$334,470

$458,170

Nil

1

Chief Executive Officer, Austrade

Effective 1 May 2012 ref Det 2012/08

$330,617

$452,900

Nil

1

Member, ACCC

Effective 10 August 2011 ref Det 2011/17

 $315,000 $450,000 Nil 1

Chair/Chief Executive Officer, Clean Energy Regulator

Effective  2 April 2012 ref Det 2012/07

 $315,000 $450,000 Nil 2.2.20 1
Director-General of Security, Australian Security Intelligence Organisation $327,190 $448,200 Nil 1
Deputy President, Fair Work Australia $313,660 $400,580 Nil 2.11 1

CEO, National Offshore Petroleum Safety and Environmental Management Authority

Effective 1 May 2012 refer Det 2012/08

 $280,000 $400,000 Nil 2
Director-General, Office of National Assessments $287,650 $399,120 Nil 1
Chief Executive Officer, Australian Crime Commission $276,230 $399,060 Nil 1
Information Commissioner $278,060 $380,900 Nil 1
Inspector-General of Intelligence and Security $272,870 $380,900 Nil 1
Commonwealth Ombudsman $272,870 $380,900 Nil 1
Vice Chief of the Defence Force $267,850 $380,880 Nil 1
Chief of Navy $267,850 $380,880 Nil 1
Chief of Army $267,850 $380,880 Nil 1
Chief of Air Force $267,850 $380,880 Nil 1
Examiner, Australian Crime Commission $267,850 $380,880 Nil 1
Law Enforcement Integrity Commissioner $267,850 $380,880 Nil 1

Chief Executive Officer, Australian Transaction Reports and Analysis Centre

Effective 28 March 2012 ref Det 2012/08

 $276,933 $379,360 Nil 2

Parliamentary Budget Officer

Effective 24 May 2012 ref Det 2012/08

 $294,000 $380,000 $40,000 2.2.22 2

Chief Commissioner & Chief Executive Officer, Australian Skills Quality Agency (ASQA)

Effective 1 July 2011 ref Det 2011/13

 $266,450 $365,000 Nil 2.2.16 2

Deputy Commissioner, ASQA

Effective 1 July 2011 ref Det 2011/13

 $233,600 $320,000 Nil 2.2.16 2

Commissioner, ASQA

Effective 1 July 2011 ref Det 2011/13

 $226,300 $310,000 Nil 2.2.16 2

Chief Commissioner & Chief Executive Officer, Tertiary Education Quality and Standards Agency (TEQSA)

Effective 30 July 2011 ref Det 2011/14

 $266,450 $365,000 Nil 2.2.15 2

Commissioner, TEQSA

Effective 30 July 2011 ref Det 2011/14

 $226,300 $310,000 Nil 2.2.15 2
Chief Commissioner, Australian Transport Safety Bureau Commission $267,850 $364,460 Nil 1
Chief Scientist $266,060 $364,460 Nil 1
Inspector-General of Taxation $254,580 $364,080 Nil 1

President, Australian Human Rights Commission

$254,580

$364,080

Nil

2.2.2

1

Chief Executive, Murray-Darling Basin Authority

$260,700

$357,100

Nil

2.2.6

1

Chief Executive Officer,

Health Workforce Australia

$258,310

$353,840

$32,170

 2.2.11 2
Australian Building and Construction Commissioner $258,290 $353,810 Nil 1
Coordinator-General for Remote Indigenous Services $258,000 $353,420 Nil 1
Fair Work Ombudsman $255,590 $350,100 Nil 1

Chief Executive Officer, Australian Commission on Safety and Quality in Health Care (ACSQHC)

Effective 1 July 2011 ref Det 2011/17

 $284,700 $345,000 $45,000 2.2.17 1
Chair, Tax Practitioners Board $249,930 $342,380 Nil 1

Director, Australian Institute of Criminology

Effective 28 March 2012 ref Det 2012/08

 $247,244 $338,690 Nil 2

Chief Executive Officer, National Water Commission

Effective 5 October 2011 ref Det 2011/21

 $246,580 $337,840 Nil 2
General Manager, Fair Work Australia $245,910 $336,860 Nil 1

Chief Executive Officer, ComSuper

Effective 1 July 2011 ref Det 2011/13

 $242,650 $332,400 Nil 1
Australian Electoral Commissioner $242,020 $327,950 Nil 2.2.7 1
Deputy Chair, ACMA $247,940 $327,210 Nil 1

Chief Executive Officer, National Health Performance Authority (NHPA)

Effective 21 October 2011 ref Det 2011/23

 $255,500 $325,000 $25,000 2.2.18 2
Associate Director of Public Prosecutions $242,020 $322,150 Nil 1
CEO, Australian Radiation Protection and Nuclear Safety Agency $215,480 $322,020 Nil 1
CEO, Australian Pesticides and Veterinary Medicines Authority $234,100 $320,700 Nil 2
Chief Executive Officer, Australian Organ and Tissue Donation and Transplantation Authority $234,140 $320,280 Nil 2
Chief Executive Officer, Safe Work Australia $233,830 $320,280 Nil 2

Executive Director,

Australian Solar Institute

 $233,810 $320,280 Nil 2
Director of Military Prosecutions $255,690 $318,890 Nil 2
Inspector-General of the Australian Defence Force $255,690 $318,890 Nil 2
Commissioner, Fair Work Australia $240,770 $316,650 Nil 2.11 1
Freedom of Information Commissioner $230,920 $316,320 Nil 2
Privacy Commissioner $230,920 $316,320 Nil 2
Chairperson, Commonwealth Grants Commission $242,020 $315,160 Nil 1
Chief Executive Officer, Australian Fisheries Management Authority Commission $227,060 $311,020 Nil 1
Director, Professional Services Review $215,480 $306,680 Nil 1
CEO, National Transport Commission $215,480 $305,900 Nil 1
Principal Member, Refugee Review Tribunal (RRT) $217,150 $305,850 $40,620 2.2.3 2
Principal Member, Migration Review Tribunal (MRT) $217,150 $305,850 $40,620 2.2.3 2
Member, Australian Energy Regulator $230,000 $301,160 Nil 1
Member, ACMA $230,000 $301,160 Nil 1
Chairman, Pharmaceutical Benefits Advisory Committee $219,600 $300,820 Nil 1

Director, Fair Work Building Industry Inspectorate

Effective 1 June 2012 ref Det 2012/08

 $219,000 $300,000 Nil 2.2.1 2
Registrar, Administrative Appeals Tribunal $218,650 $299,510 Nil 1

Chief Executive Officer, Australian National Preventative Health Agency (ANPHA)

Effective 1 July 2011 ref Det 2011/13

 $218,060 $298,700 Nil 2
Infrastructure Coordinator $216,970 $297,210 Nil 1

Director-General, National Archives of Australia

Effective 1 January 2012 ref Det 2012/01

 $215,350 $295,000 Nil 2.2.19 2
Chief Executive Officer, Australian Sports Anti Doping Authority (ASADA) $214,780 $294,200 $73,030 2.2.12 2
Principal Member, Social Security Appeals Tribunal (SSAT) $209,300 $286,700 Nil 2
Official Secretary to the Governor-General $209,850 $283,840 Nil 2
Deputy Australian Building and Construction Commissioner $214,680 $283,250 $10,817 2.2.23 2
Principal Member, Veterans’ Review Board (VRB) $203,670 $279,000 Nil 2.2.10 1
Aged Care Commissioner $203,100 $278,210 Nil 2

Age Discrimination Commissioner

Effective 29 July 2011 ref Det 2011/14

 $193,440 $275,880 Nil

2
Sex Discrimination Commissioner $193,440 $275,880 Nil 2
Race Discrimination Commissioner $193,440 $275,880 Nil 2
Human Rights Commissioner $193,440 $275,880 Nil 2
Disability Discrimination Commissioner $193,440 $275,880 Nil 2
Aboriginal and Torres Strait Islander Social Justice Commissioner $193,440 $275,880 Nil 2
Chief Executive, National Capital Authority $200,950 $275,260 Nil 2
Administrator of the Northern Territory $215,480 $271,790 Nil 1
Gene Technology Regulator $202,370 $266,150 Nil 2.2.9 2
Registrar of Aboriginal and Torres Strait Islander Corporations $193,500 $265,070 Nil 2

General Manager, Aboriginal Hostels Limited (AHL)

$191,740

$262,650

$20,000

2.2.13

2
Member, Tax Practitioners Board $189,470 $259,540 Nil 2
Deputy Commonwealth Ombudsman $202,370 $259,160

$7,112

 2.2.14 2

Director General, Australian Safeguards and Non-Proliferation Office

$193,440

$258,350

Nil

2
Chairperson, Indigenous Land Corporation $193,440 $257,740 Nil 2
Chairperson, Superannuation Complaints Tribunal (SCT) $188,050 $257,590 Nil 2

Deputy Principal Member, RRT

$178,080

$250,520

$20,300

2.2.5

2

Deputy Principal Member, MRT

$178,080

$250,520

$20,300

2.2.5

2

Senior Member, SSAT

$179,920

$246,470

Nil

2
Administrator, Christmas and Cocos (Keeling) Islands $175,410 $245,080 Nil 2
Chairperson, Torres Strait Regional Authority $157,290 $239,470 Nil 2
Administrator, Torres Strait Regional Authority $157,290 $239,470 Nil 2

Executive Director of Township Leasing

$172,800

$236,740

Nil

2
Private Health Insurance Ombudsman $171,230 $236,700 Nil 2
Director, Classification Board $167,700 $229,720 Nil 2.9 2

Deputy Chairperson, SCT

$154,180

$211,190

Nil

2

Senior Member, RRT

$146,140

$211,190

Nil

2

Senior Member, MRT

$146,140

$211,190

Nil

2

Senior Member, VRB

$140,510

$202,830

Nil

2

Deputy Director, Classification Board

$144,170

$197,490

Nil

2.9

2

Administrator, Norfolk Island

$126,260

$191,280

Nil

2

Member, RRT

$131,320

$188,090

Nil

2.2.4

2

Member, MRT

$131,320

$188,090

Nil

2
Assistant Senior Member, SSAT $134,170 $183,790 Nil 2
Chairman (full-time), Central Land Council $126,260 $181,250 Nil 3
Chairman (full-time), Northern Land Council $126,260 $170,890 Nil 2

Member, SSAT

$123,230

$168,790

Nil

3

Chair (full-time), Anindilyakwa Land Council

Effective 31  August 2011 ref Det 2011/17

$109,500

$150,000

Nil

2
Senior Classifier, Classification Board $126,260 $145,760 Nil 2
Classifier, Classification Board $99,600 $114,950 Nil 2.4 3

Commonwealth Financial Officer for Norfolk Island

Effective 29 March 2012 ref Det 2012/07

-

$80,000

 $63,455 2.2.21 2

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.

2.2.1Fair Work Building Industry Inspectorate, Director: The Director will receive a base salary of $258,290 (salary for superannuation purposes) for 12 months from 1 June 2012.

2.2.2Australian Human Rights Commission, President: the Hon Catherine Branson will receive $207,120 base salary and $283,710 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 $5,460 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, $14,840 will count towards salary for superannuation.

2.2.6Murray-Darling Basin Authority: The Chief Executive, Dr Rhondda Dickson, will receive an additional $6,925 total remuneration loading per annum and base salary loading of $36,079 per annum from 1 October 2011, while she occupies the office.

2.2.7Australian Electoral Commissioner: Mr Ed Killesteyn will receive $256,200 base                salary and $364,200 Total Remuneration while he occupies the office shown in                   Column 1.

2.2.8    Deleted.  

2.2.9    Gene Technology Regulator: Dr Joe Smith will receive $222,440 base salary and               $292,680 Total Remuneration while he occupies the office shown in Column 1.

2.2.10  Principal Member, Veterans’ Review Board: Mr Doug Humphreys will receive

$203,910 base salary while he occupies the office shown in Column 1.

2.2.11  Health Workforce Australia, Chief Executive Officer: Mr Mark Cormack will       receive a personal loading as shown in Column 4 of Table 2A from 1 July 2011                        to 26 January 2014.

2.2.12  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

   1 July 2011 until 9 May 2012.

2.2.13  Aboriginal Hostels Limited (AHL), General Manager: Ms Joy Savage will receive                       a personal loading as shown in Column 4 of Table 2A from 11 October 2011 until 10                   October 2012.

2.2.14  Deputy Commonwealth Ombudsman: Ms Alison Larkins will receive a personal                         loading as shown in Column 4 of Table 2A with effect from 1 July 2011, base salary               (salary for superannuation purposes) of $209,450 and Total Remuneration of                             $266,490.

2.2.15   Tertiary Education Quality and Standards Agency: The Chief      Commissioner/Chief Executive Officer will receive an additional loading of $25,000             per annum, to cease 12 months after his or her initial appointment commences.  The            Commissioners will each receive an additional loading of $10,000 per annum, in each                 case to cease 12 months after their initial appointments commence.

2.2.16   Australian Skills Quality Agency: The Chief Commissioner/Chief Executive Officer                   will receive an additional loading of $25,000 per annum, to cease 12 months after his                or her initial appointment commences.  The Deputy Commissioner/Commissioners             will each receive an additional loading of $10,000 per annum, in each case to cease                12 months after their initial appointments commence.

2.2.17   Australian Commission on Safety and Quality in Health Care: The Chief                     Executive Officer will receive an additional loading as shown in Column 4 of Table 2A,                   to cease 12 months after his or her initial appointment commences.

2.2.18National Health Performance Authority: The Chief Executive Officer will receive an additional loading as shown in Column 4 of Table 2A, to cease 12 months after the establishment of the office.

2.2.19   National Archives of Australia, Director General:  Mr David Fricker will receive   $264,890 base salary and $305,000 Total Remuneration while he occupies the office shown in Column 1.

2.2.20Clean Energy Regulator, Chair/Chief Executive Officer: Ms Chloe Munro will receive an additional $85,000 total remuneration loading per annum to cease on 31 December 2013 including a base salary (salary for superannuation purposes) loading of $59,500 per annum.

2.2.21Norfolk Island, Commonwealth Financial Officer: The Commonwealth Financial Officer will receive a personal loading as shown in Column 4 of Table 2A and $100,420 base salary (salary for superannuation purposes) for 12 months from 29 March 2012.

2.2.22   Parliamentary Budget Officer: The Parliamentary Budget Officer will receive an additional amount as shown in Column 4 for the first term of his or her office.

2.2.23Deputy Australian Building and Construction Commissioner: Mr Brian Corney will receive a personal loading as shown in Column 4 of Table 2A from 11 July 2011 to 31 May 2012.

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 $473 is payable from 1 July 2011, 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.

2.6.1APRA: Notwithstanding the above provisions, the salary for superannuation     purposes of Dr John Laker will be $640,000 from 10 August 2011, while he occupies       the office of Chair, Australian Prudential Regulation Authority.

2.7Employer Superannuation Support:  Total Remuneration will be taken to include the Superannuation Support provided by the employer in respect of an Office Holder, which as 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).

2.7.1Defined 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.

2.8Vehicles: 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
Dr Helen Szoke Race Discrimination Commissioner, Australian Human Rights Commission $32,780
Mr M Cormack

Chief Executive Officer,

Health Workforce Australia

 $28,500
Ms L Sylvan Chief Executive Officer, Australian National Preventive Health Agency $28,500
Ms C Munro

Chair/Chief Executive Officer,

Clean Energy Regulator

 $28,500
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

Ms L Sylvan

Chief Executive Officer, Australian National Preventive Health Agency

$10,032

Mr M Gooda

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

$10,200

Ms C Munro

Chair/Chief Executive Officer, Clean Energy Regulator

$12,936

Dr Helen Szoke

Race Discrimination Commissioner,

Australian Human Rights Commission

$15,072
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.

4.1.1ACCC: 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     Australian Human Rights 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 2011/08:

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 2011/08 – Remuneration and Allowances for Holders of Full-Time Public Office

28/06/2011

F2011L01276

1/07/2011

-

Determination 2011/13 – Remuneration and Allowances for Holders of Public Office

13/07/2011

F2011L01480

Cl 1.2, 1.4, 1.6 – 1/07/2011

Cl 1.1, 1.3, 1.5, 1.7 – 14/07/2011

-

Determination 2011/14 – Remuneration and Allowances for Holders of Public office

12/08/2011

F2011L01644

Cl 1.9, 1.10 – 1/07/2011

Cl 1.2 – 29/07/2011,

Cl 1.6, 1.7 – 30/07/2011

Cl 1.4 – 5/08/2011

Cl 1.1, 1.3, 1.5, 1.8, 1.11 – 13/08/2011

-

Determination 2011/17 – Remuneration and Allowances for Holders of Public Office

30/08/2011

F2011L01770

Cl 1.14, 1.15 – 1/07/2011

Cl 1.1, 1.13, 1.16, 1.17, 1.18, 1.19, 1.22 31/08/2011

Cl 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12 – 10/08/2011

Cl 1.20, 1.21 – 5/09/2011

-

Determination 2011/21 – Remuneration and Allowances for Holders of Public Office

4/10/2011

F2011L02014

Cl 1.1, 1.2, 1.3, 1.4 – 5/10/2011

-

Determination 2011/23 – Remuneration and Allowances for Holders of Public Office

17/11/2011

F2011L02384

Cl 1.4 – 10/08/2011,

Cl 1.6, 1.7– 21/10/2011

Cl 1.1, 1.2, 1.3, 1.5, 1.8 – 18/11/2011

-

Determination 2012/01 – Remuneration and Allowances for Holders of Public Office

22/02/2012

F2012L00352

Cl 1.7, 1.8 – 23/08/2011

Cl 1.2, 1.3, 1.5 – 1/01/2012

Cl 1.1, 1.4, 1.6, 1.9 – 23/02/2012

-

Determination 2012/07 – Remuneration and Allowances for Holders of Public Office

2/04/2012

F2012L00751

Cl 1.8, 1.9 – 29/03/2012

Cl 1.2, 1.3, 1.4, 1.5 – 2/04/2012

Cl 1.1, 1.6, 1.7, 1.10 – 3/04/2012

-

Determination 2012/08 – Remuneration and Allowances for Holders of Public Office

23/05/2012

F2012L01067

Cl 1.2,1.3 – 28/03/2012

Cl 1.5, 1.6, 1.7,1.8, 1.10  – 1/05/2012

Cl 1.1, 1.4, 1.9, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.22  – 24/05/2012 

Cl 1.20, 1.21 – 1/06/2012

-

Notes to Remuneration Tribunal Determination 2011/08:

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 2011/13, am 2011/14, am 2011/17, am 2011/21, am 2011/23, am 2012/01, am 2012/07,

am 2012/08
Clause 2.2.1 rep 2012/08, ad 2012/08
Clause 2.2.6 rep 2011/17, ad 2011/21
Clause 2.2.8 rep 2012/08
Clause 2.2.13 am 2012/08
Clause 2.2.15 ad 2011/14
Clause 2.2.16 ad 2011/14
Clause 2.2.17 ad 2011/17
Clause 2.2.18 ad 2011/23
Clause 2.2.19 ad 2012/01
Clause 2.2.20 ad 2012/07
Clause 2.2.21 ad 2012/07
Clause 2.2.22 ad 2012/08
Clause 2.2.23 ad 2012/08
Clause 2.6.1 am 2011/17
Part 3
Table 3A ad 2011/17, am 2011/23, am 2012/01, am 2012/07
Table 3B ad 2011/17, am 2011/23, am 2012/01, am 2012/07

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