Remuneration Tribunal Determination 2015/08 - Remuneration and Allowances for Holders of Part-Time Public Office (Cth)

Case
No judgment structure available for this case.

As amended.

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

Consolidated by the Remuneration Tribunal Secretariat as at 29 September 2015 and incorporating amending determinations up to and including 2015/14 – Remuneration and Allowances for Holders of Public Office

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Contents

PART 1 - GENERAL.......................................................................................................................... 2

PART 2 - FEES................................................................................................................................... 3

PART 3 - CONDITIONS OF OFFICIAL TRAVEL............................................................................ 3

SCHEDULE A - ANNUAL FEES....................................................................................................... 4

Table A: Annual fees for specified offices – fees and travel tier......................................................... 4

SCHEDULE B - DAILY FEES............................................................................................................ 9

Table B1 - Calculation of fees on a meeting day................................................................................. 9

Table B2 - Calculation of fees on a non-meeting day....................................................................... 10

Table B3: Daily fees for specified offices – fees and travel tier........................................................ 10

Table B4 - Specified Professional Committees................................................................................. 17

SCHEDULE C - ANNUAL MEETING AND ADDITIONAL DAILY FEES..................................... 18

Table C1 - Calculation of additional daily fees................................................................................... 19

Table C2: Annual meeting fee and additional daily fee – fees and travel tier................................... 19

SCHEDULE D - BASE FEE AND MEETING FEE......................................................................... 20

Table D:  Base Fee and Meeting Fee – fees and travel tier.............................................................. 21

SCHEDULE E - ABORIGINAL LAND COUNCILS FEES............................................................. 22

Table E1 - Calculation of fees on a meeting day............................................................................... 22

Table E2 - Calculation of fees on a non-meeting day....................................................................... 23

Table E3 - Holders of Public Offices in Aboriginal Land Councils – fees......................................... 24


PART 1 - GENERAL

1.Legislative basis: The Remuneration Tribunal has made this Determination in accordance with subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.

2.Effective date: This Determination takes effect on and from 11 May 2015 unless otherwise specified.

3.Effect on earlier Determinations: This Determination supersedes and revokes in full Determination 2014/08: (as amended) Remuneration and Allowances for Holders of Part- Time Public Office.

4.Structure: This Determination is structured so that each schedule contains the provisions for a specific remuneration model as follows: 

·     Schedule A applies to office holders remunerated by annual fees. 

·     Schedule B applies to office holders remunerated by daily fees. 

·     Schedule C contains provisions for office holders who are remunerated under an annual meeting fee and additional daily fee model. 

·     Schedule D provisions are for office holders who are remunerated under the base (annual) fee and daily meeting fee model.

·     Schedule E provisions are for offices of the Aboriginal Land Councils.

5.Definitions: In this Determination, unless the context clearly indicates otherwise:

'authority' is the body or office to which office holders, as defined in this clause, are appointed;

'authority business' means any authority business conducted by an office holder with the authority's approval, excluding attendance at a formal meeting, official travel time on a meeting day and normal preparation time for that meeting (Note: Time spent by the office holder preparing for a formal meeting that the Chair considers is excessive to normal preparation time may be treated as 'authority business');

normal preparation time’ means the time that a member of an authority ordinarily requires to prepare for a meeting of the authority.  It can occur on either a day of a meeting or on another day.

'office holder' means the holder of a part-time public office;

'official travel time' is the reasonable period, certified by a Chair, that an office holder spends travelling on official business away from the metropolitan area of the capital city or the environs of the town in which the office holder lives. It does not include time spent travelling between an office holder's home and principal place of work. The Chair may consider agency travel guidelines (if any) when determining the reasonable period.

'public office' has the same meaning as in the Remuneration Tribunal Act 1973.

PART 2 - FEES

6.Specified offices: The fees in Schedules A, B, C, D, and E apply to the holders of the offices specified in those schedules. The rates are effective from 11 May 2015 unless otherwise specified in the schedules.  The fees are gross fees; no additional amount is payable by the authority to meet any taxation obligations.

7.Remuneration packaging: An authority may provide access to remuneration packaging to office holders. An office holder may elect to take the fees and allowances payable under this Determination either as a cash payment, or a combination of a cash payment and other benefits.

7.1.Election: Any election made in accordance with Clause 7 must be consistent with:

a)applicable agency policies and procedures on remuneration packaging; and

b)relevant taxation laws, rulings and guidelines issued by the Australian Taxation Office.

7.2.No cost to authority: Remuneration packaging must be administered without additional cost to the authority and any fringe benefits tax associated with a benefit must be included in the remuneration package.

8.Offices not specified: Where an office is not specified in the schedules to this Determination, the following daily fee will apply to that holder of that office, with effect from 11 May 2015:

Chair - $512

Member - $384

8.1.Conditions for payment: Payment of the fee is subject to the conditions and requirements set out in Schedule B.  These are gross fees; no additional amount is payable by the authority to meet any taxation obligations.

PART 3 - CONDITIONS OF OFFICIAL TRAVEL

9.Official Travel Determination: Determination 2013/16: (as amended) Official Travel by Office Holders  (or any Determination that supersedes 2013/16) applies to offices covered by this Determination, subject to any exclusions or limitations in this Determination.

9.1.Travel tier for specified offices: An office holder whose office is specified in the schedules to this Determination is entitled to travelling allowance under Determination 2013/16 at the Travel Tier rate specified in the relevant Schedule for that office (or any Determination that supersedes 2013/16).

9.2.Travel tier for offices not specified: An office holder whose fee has been determined under Clause 8 is entitled to travelling allowance under Determination 2013/16 (as amended) at the Travel Tier 2 rate, (or any Determination that supersedes 2013/16).

SCHEDULE A - ANNUAL FEES

10.Guide to this Schedule:

This Schedule applies to office holders who receive an annual fee.  It sets out the way fees are paid and the activities covered by the fee.  Table A identifies:

·     the individual public offices remunerated by annual fees;

·     the actual fee payable to Chairs, Deputy Chairs and Members (where applicable);

·     any additional provisions or conditions that apply to the office; and

·     the relevant travel tier for the office.

11.Conditions of payment of annual fees: The annual fees set out in Table A are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual fee covers all activities undertaken by the office holder in performing the duties of their office.

11.1.Lengthy absence: The annual fee is proportionally reduced where an office holder is unavailable to perform the duties of their office for a period of more than three months, except to the extent that a reduction would be inconsistent with the terms of the office holder's appointment.

Table A: Annual fees for specified offices – fees and travel tier

12.General provisions relating to the Table A:

·    Remuneration for an office holder is at the rate specified in the appropriate column opposite the Office/Authority (Column 2 for the Chair, Column 3 for the Deputy Chair or Column 4 for a Member).  Where there is an additional condition that applies to a specified office, a sub-clause is listed in Column 5. The additional sub‑clauses are set out immediately following the Table.

·    Rates are effective from 11 May 2015 unless otherwise specified.

Column 1

Office/Authority

Column 2
Chair
$

Column 3
Deputy
$

Column 4
Member
$

Column 5
Additional clauses

Column 6

Travel Tier

NBN Co Limited 209,630 168,770 104,860 1
Future Fund 198,310 99,180 1
Commonwealth Grants Commission 195,000 103,210 1
Australia Post 178,940 99,860 89,500 A1, A10 1
Australian Broadcasting Corporation 164,600 81,250 54,180 1
ASC Pty Ltd 153,600 71,680 A2, A6 1
Commonwealth Scientific and Industrial Research Organisation 130,070 97,560 65,035 A2 1
Commonwealth Superannuation Corporation 130,070 62,210 A2, A4 See A4
Moorebank Intermodal Terminal 110,080 88,070 55,040 1
Airservices Australia 110,080 82,560 55,040 A2 1
Australian Maritime Safety Authority 110,080 82,560 55,040 A2 1
Civil Aviation Safety Authority Board 110,080 82,560 55,040 A2 1
Australian Rail Track Corporation 110,080 55,040 1
Board of Taxation 110,080 55,040 1
Defence Housing Australia 110,080 55,040 A2 1
Infrastructure Australia 110,080 55,040 A11 1
Murray-Darling Basin Authority 110,080 66,050 1
National Disability Insurance Scheme Launch Transition Agency 110,080 55,040 A2, A7 1
Australian Curriculum Assessment and Reporting Authority 102,400 76,800 Daily fee A5 See A5
Special Broadcasting Service 102,400 76,800 40,960 1
Clean Energy Finance Corporation 102,400 51,200 1
Foreign Investment Review Board 102,400 51,200 1
Independent National Security Legislation Monitor 102,400 1
National Health and Medical Research Council (NHMRC) 102,400 25,600 A4 See A4
National Health and Medical Research Council – Research Committee 79,360 2
National Health Medical Research Committee – All other Principal Committees 64,000 2
National Health Medical Research Committee – Australian Health Ethics Committee 64,000 2
Australian Institute for Teaching and School Leadership Ltd 94,720 71,040 Daily fee A5 See A5
Australian Nuclear Science and Technology Organisation Board 94,720 71,040 47,360 A2 1
Tourism Australia 94,720 71,040 47,360 A2 1
Innovation Australia Board       94,720 42,630 A8 2
Innovation Australia Committee 17,920 10,760 A8 2
Australian Sports Commission 87,040 65,280 43,520 A2 1
Private Health Insurance Administration Council 87,040 52,230 A2 1
Safety, Rehabilitation and Compensation Commission 87,040 39,170 1
Telecommunications Universal Service Management Agency 87,040 39,170 2
Food Standards Australia New Zealand 79,360 39,680 A3 1
International Air Services Commission 79,360 39,680 1
Medical Services Advisory Committee 79,360 Daily fee 1

Export Finance and Insurance Corporation

71,680

53,760

32,260

A2

1

Indigenous Business Australia

71,680

53,760

35,840

A2

1

Indigenous Land Corporation

71,680

53,760

35,840

A2

1

Aboriginal Hostels Limited 71,680 35,840 2
Reserve Bank of Australia 71,680 A1 1
Australian Commission on Safety and Quality in Health Care 71,680 23,660 2
Australian Electoral Commission 71,680 1
Australian Fisheries Management Authority Commission 71,680 35,840 35,840 1
Australian Hearing Services 71,680 32,260 A2, A9 1
Australian Heritage Council 71,680 32,260 1
Australian Heritage Council – Associate Member 32,260 1
Grains Research and Development Corporation 71,680 35,840 A2 1
Independent Hospital Pricing Authority 71,680 23,660 2
Outback Stores Pty Ltd 71,680 35,840 2
Australian Grape and Wine Authority 71,680 35,840 35,840 2
Prime Minister’s Indigenous Advisory Council 71,680 Daily fee 2
Cancer Australia Advisory Council 64,000 32,000 2
Health Workforce Australia 64,000 Daily fee 2
National Offshore Petroleum Safety and Environmental Management Authority Board 64,000 32,000 1
Australia Council 56,320 42,240 30,980 A3 1
Screen Australia 56,320 42,240 30,980 A3 1
Australian Transport Safety Bureau Commission, Commissioner 56,320 1
Army and Air Force Canteen Service (AAFCANS) 56,320 28,160 A2 2
Fisheries Research and Development Corporation 56,320 33,800 1
National Capital Authority 56,320 22,530 1
National Rural Advisory Council 56,320 30,980 1
Payments System Board Full-time 56,320 1
Rural Industries Research and Development Corporation 56,320 33,800 A3 1
Safe Work Australia 56,320 2
National Gallery of Australia Council 48,640 36,480 24,320 2
National Health Performance Authority 48,640 36,480 24,320 2
Australian Institute of Marine Science Council 48,640 24,320 A3 2
Australian Technical Advisory Group on Immunisation 48,640 Daily fee 1
Australian War Memorial Council 48,640 24,320 2
Cotton Research and Development Corporation 48,640 24,320 2
Australian Film Television and Radio School - Council 48,640 24,320 A2 2
Radiation Health and Safety Advisory Council 48,640 2
Sydney Harbour Federation Trust 48,640 24,320 A2 2
National Library of Australia Council 40,960 30,720 20,480 2
Australian National Maritime Museum Council 40,960 20,480 2
Fishing Industry Policy Council 40,960 2
National Film and Sound Archive 40,960 20,480 20,480 2
National Museum of Australia Council 40,960 20,480 2
National Portrait Gallery of Australia 40,960 20,480 2
Australian Sports Anti-Doping Authority Full-time 36,610 33,280 2
Pharmaceutical Benefits Advisory Committee Full-time 40,960 1
Australia Business Arts Foundation 33,280 24,960 16,640 1
Australian Pesticides & Veterinary Medicines Authority – Advisory Board 33,280 Daily fee 2
Australian Sports Drug Medical Advisory Committee 33,280 23,300 2
Australian Statistics Advisory Council 33,280 1
Classification Review Board 33,280 Daily fee Daily fee 2
Defence Reserves Support Council National Executive 33,280 28,290 2
Defence Strategic Reform Advisory Board 33,280 23,300 1
Public Lending Right Committee 33,280 2
Australian Institute of Health and Welfare 25,600 Daily fee 2
Asbestos Safety and Eradication Agency 25,600 Daily fee 2
Great Barrier Reef Marine Park Authority Full-time 25,600 2

Additional Sub-clauses to Table A

A1

Audit fees: Members also appointed to an Audit Committee (however named) are entitled to additional fees as follows: Chair - $20,700 per annum; Member $10,360 per annum.

A2

Audit fees: Members also appointed to an Audit Committee (however named) are entitled to additional fees as follows: Chair - $15,060 per annum; Member $7,527 per annum.

A3

Audit fees: Members also appointed to an Audit Committee (however named) are entitled to additional fees as follows: Chair - $9,111 per annum; Member $4,515 per annum.

A4

Travel Tier: The Chair is entitled to Tier 1 Travel arrangements.  Members/Directors are entitled to Tier 2 travel arrangements.

A5

Travel Tier: The Chair and Deputy Chair are entitled to Tier 1 Travel arrangements.  Members/Directors are entitled to Tier 2 travel arrangements.

A6

ASC Pty Ltd: A member who is Chair of the Business Assurance and Security (BAS) Committee will receive an additional $14,460 per annum.  A member who is member of the BAS Committee will receive an additional $7,226 per annum.

A7

National Disability Insurance Scheme Launch Transition Agency: The Chair will receive an additional loading of $20,480 per annum.  A Member will receive an additional loading of $10,240 per annum.  The additional loadings will cease at close of business 30 June 2016.

A8

Innovation Australia Board:  The Chair and Members of Innovation Australia will receive remuneration for only one committee.

A9

Australian Hearing Services:  While Dr Peta Seaton occupies the office of Chair she will receive an annual fee of $51,280 and not the amount specified in Column 2. Whilst the Hon. Michael Knight AO is a member of the Audit and Risk Committee he is entitled to an additional $5,364 per annum for service on that committee, in lieu of any other audit fees that would otherwise apply under this Determination.

A10

Australia Post:  A member who is appointed to the Board of Postcorp will receive an additional $4,663 per annum.

A11

Infrastructure Australia: The Hon. Mark Birrell, will receive an annual fee of $70,480 in lieu of other amounts specified in column two of Table A for the duration of his appoihntment.

SCHEDULE B - DAILY FEES

13.Guide to this Schedule:

This Schedule applies to office holders who receive a daily fee.  It sets out the conditions that must be met for payment of fees, including certification of hours and minimum claim and maximum payment arrangements.  Tables B1 and B2 set out the different basis of calculation of the fee on a meeting and non-meeting day and the activities covered by the fee.  Table B3 identifies:

·     the individual public offices remunerated by daily fees;

·     the actual fee payable to Chairs, Deputy Chairs and Members (where applicable);

·     any additional provisions or conditions that apply to the office; and

·     the relevant travel tier for the office.

14.Conditions of payment of daily fees: Payment of daily fees under this Schedule is subject to the following conditions.

14.1.Certification of hours: Prior to payment, the Chair must certify the total time claimed by the office holder, including any official travel time. If the claim relates to a meeting day and the Chair is absent from the meeting, the nominated presiding officer should certify the total time claimed by the office holder for that day.

·The Chair’s total time should be certified in accordance with the terms set out in the office holder's appointment or under governance arrangements approved by the responsible portfolio minister or authority.

14.2.Maximum payment: The maximum payable for any one day is one daily fee.

14.3.Minimum claim: Unless the authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one daily fee.

15.Calculation of daily fees: The daily fees set out in Table B3 are payable in accordance with the conditions of this Schedule to the holders of the offices specified in Tables B3 and B4.

15.1.Meeting day: Unless otherwise specified in Table B3, the fees payable to an office holder on a meeting day are calculated in accordance with Table B1.

Non-meeting day: Unless otherwise specified in Table B3, the fees payable to an office holder on a non-meeting day are calculated in accordance with Table B2.

(Note: Normal preparation time must not be taken into account in calculating ‘Total time’ under Column 3 of Table B1 or Table B2).

Table B1 - Calculation of fees on a meeting day

Column 1

Total time

Column 2

Daily fee payable

Column 3

Total time includes

Less than two hours

40 per cent

•   Time spent attending formal meeting

•   Time spent on authority business

•    Official travel time

Two hours to less than three hours

60 per cent

Three or more hours

one daily fee

Table B2 - Calculation of fees on a non-meeting day

Column 1

Total time

Column 2

Daily fee payable

Column 3

Total time includes

For each period of at least one hour

20 per cent for each hour, up to a maximum of five hours per day

•   Time spent on authority business

•    Official travel time

Table B3: Daily fees for specified offices – fees and travel tier

16.General provisions relating to Table B3:

·    Remuneration for an office holder is at the rate specified in the appropriate column opposite the Office/Authority (Column 2 for the Chair, Column 3 for the Deputy Chair and Column 4 for Members).  Where there is an additional condition that applies to a specified office, a sub-clause is listed in Column 5. The additional sub‑clauses are set out immediately following the Table.

·    Rates are effective from 11 May 2015 unless otherwise specified.

Column 1

Office/Authority

Column 2
Chair
$

Column 3
Deputy
$

Column 4
Member
$

Column 5
Additional clauses

Column 6

Travel Tier

Companies Auditors and Liquidators Disciplinary Board 1,383 1,245 1,107 1
Examiner, Australian Crime Commission 1,383 B3.1 1
Professional Services Review – Committees 1,383 1,245 1
Professional Services Review – Determining Authority 1,383 1,245 1
Australian Government Reconstruction Inspectorate 1,229 984 1
Australian Renewable Energy Agency 1,229 984 2
Co-operative Research Centres Committee 1,229 984 2
Education Investment Fund Advisory Board 1,229 984 1
Health and Hospitals Fund Advisory Board 1,229 984 1
Specialist Medical Review Council - Convenor/councillor 1,229 984 B3.2 1
Australian Energy Regulator 1,178 1
Administrative Review Council 1,076 861 1
Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) 1,076 807 2

Australian Sports Drug Medical

 Advisory Committee – Review Members

807 2
Defence Honours and Awards Appeals Tribunal 1,076 807 2
Family Law Council 1,076 861 1
Gene Technology Ethics and Community Consultative Committee 1,076 807 B3.3 1
Gene Technology Technical Advisory Committee 1,076 807 B3.3 1

Hazardous Waste Technical Group

Effective 30 September 2015 Refer Det 2015/14

1,076 807 2
Innovation Australia Committee - Non Board Member 1,076 1,076 2
National Disability Insurance Scheme Launch Transition Agency - Advisory Council 1,076 807 2
National Mental Health Commission (Chair/Commissioner) 1,076 807 2
National Transport Commission 1,076 969 1
Oil Stewardship Advisory Council 1,076 807 1
Patent and Trade Marks Attorneys Disciplinary Tribunal 1,076 2
Professional Committees listed in Table B4 1,076 807 1
Professional Standards Board for Patent and Trade Marks Attorneys 1,076 807 1
Repatriation Medical Authority 1,076 969 B3.4 1
Seafarers Safety, Rehabilitation and Compensation Authority 1,076 990 1
Tertiary Education Quality and Standards Agency (TEQSA) – Chief Commissioner and Commissioners 1,076 807 B3.9 2
Threatened Species Scientific Committee 1,076 718 1
Tuition Protection Service (TPS) Advisory Board 1,076 538 2
Australian Competition and Consumer Commission – Associate Member 1,024 1
Australian Communications and Media Authority – Associate Member 1,024 1
Australian Institute for Teaching and School Leadership Ltd Annual fee Annual fee 1,024 2
Australian Curriculum Assessment and Reporting Authority Annual fee Annual fee 1,024 2
Fair Work Commission Expert Panel Member 1,024 B3.5 1
Commonwealth Science Council 1,024 1

Administrative Appeals Tribunal (AAT) (former Social Security Appeals Tribunal  (SSAT) Senior Member)

Effective 1 July 2015 Refer Det 2015/09

1,024 B3.6 2

AAT (former SSAT Member)

Effective 1 July 2015 Refer Det 2015/09

871 B3.6 3
Tax Practitioners Board (TPB) – Member 1,024 B3.8 2
Tax Practitioners Board – Committee Member 768 2
Australian National Council on Drugs 922 830 738 2
Australian River Co. Ltd 922 830 738 2
Aged Care Quality Advisory Council 922 738 2
Asbestos Safety and Eradication Council Annual fee 615 2
Australia Council, Sector Strategy Panels 922 738 2
Australia Council, Peer Assessment Panel Members 692 2
Australian Astronomical Observatory Advisory Committee (AAOAC) 922 615 2
Australian Community Pharmacy Authority 922 738 2
Australian Grape and Wine Authority Selection Committee 922

2

Australian National Preventive Health Agency (ANPHA) Advisory Council 922 615 2
Australian Organ and Tissue Donation and Transplantation Authority Advisory Council 922 738 2
Biological Diversity Advisory Committee 922 615 2
Commission for International Agricultural Research 922 692 2
Co-operative Research Centres Appraisal Panels 922 738 2
Corporations and Markets Advisory Committee (Convener/Member) 922 830 1
Defence Science and Technology Organisation Advisory Board 922 738 2
Disability Standards Review Panel 922 462 2
Disciplinary Appeal Committees under PE(CT) Regulations 1999 922 2
Fisheries Research and Development Corporation Selection Committees 922 1
Fuel Standards Consultative Committee 922 615 2
Indigenous Advisory Committee established under the EPBC Act 922 615 2
Land Sector Carbon and Biodiversity Board 922 830 2
Land Sector Carbon and Biodiversity Board - Committees 615 462 2

Ministerial Council on Asylum Seekers and Detention

Effective 1 July 2015 Refer Det 2015/09

922 830 2
National Blood Authority 922 692 1
Regional Telecommunications Independent Review Committee 922 738 2
Research and Development Corporations Selection Committees 922 1

Classification Review Board

Annual fee

898

871

B3.10

2

Anti-Doping Research Program Panel 871 1
Defence Force Advocate 871 B3.11 1
Defence Force Remuneration Tribunal 871 1

AAT (former Migration Review Tribunal (MRT) Member)

Effective 1 July 2015 Refer Det 2015/09

871 B3.12 2

AAT (former Refugee Review Tribunal (RRT) Member)

Effective 1 July 2015 Refer Det 2015/09

871 B3.12 2
Pharmaceutical Benefits Remuneration Tribunal Full-time 871 1
Productivity Commission Full-time 871 1
Superannuation Complaints Tribunal Full-time 871 B3.7 2
Australian Strategic Policy Institute 820 656 2
Geographical Indications Committee 820 738 2
Prime Ministerial Advisory Council on Veterans’ Mental Health 820 No fee 2
Veterans’ Review Board (Senior Member; Member) 820 738 2
Australian National Maritime Museum –  Committee (non-Board member) 768 2
Australian Pesticides & Veterinary Medicines Authority – Advisory Board Annual fee 768 2
Australian Technical Advisory Group on Immunisation Annual fee 768 1
Health Workforce Australia Annual fee 768 2
Prime Minister’s Indigenous Advisory Council Annual fee 738 2

Medical Services Advisory Committee

Annual fee

768

1

ABC Advisory Council 717 646 2
Anti-Doping Rule Violation Panel 717 646 2
AIATSIS Research Advisory Committee 462 2
Coal Mining Industry (Long Service Leave Funding) Corporation 717 538 538 2
Committees of Research and Development Corporations 717 646 B3.13 2
Defence Industry Study Course 717 2
Editorial Advisory Board 717 B3.14 2
Higher Education Standards Panel (HESP) 717 646 2
Management Advisory Committees, Australian Fisheries Management Authority 717 538 2
National Archives of Australia Advisory Council 717 646 2
National Customs Brokers Licensing Advisory Committee 717 646 2
Religious Advisory Committee to the Services 717 717 2
Statutory Fishing Rights Allocation Review Panel 717 646 2
Australian Institute of Health and Welfare (AIHW) Annual fee 666 2
AIHW Ethics Committee 615 462 2
National Rural Advisory Council – Specialist Committees 666 2
Torres Strait Regional Authority (TSRA) 624 462 B3.15 2
Torres Strait Regional Authority Member Advisory Committee 462 B3.15 2
Aboriginals Benefit Account Advisory Committee (ABAAC) 615 462 2
APS Reconsideration Committee 615 554 2
Australian Sports Anti-Doping Authority – Advisory Group 615 462 2

CSIRO Advisory Committees

Effective 1 July 2015 Refer Det 2015/09

615 462 2
Defence Force Case Assessment Panel 615 554 2
Military Superannuation and Benefits Scheme Reconsideration Committee 615 554 2
Uluru – Kata Tjuta Board of Management 615 462 2
Kakadu Board of Management 615 462 2
Booderee Board of Management 512 384 2

Defence Families of Australia 

National Convenor

512 3

Defence Families of Australia

National Delegates

384 3

Defence Families of Australia

National Communications Officer

384 3

Defence Families of Australia

National Policy Officer

384 3
Defence Reserves Support Council - State/Territory Chairs 512 2
Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections 512 384 B3.16 2
Medical Training Review Panel 462 2
Australian Bravery Decorations Council No fee No fee 1
Central Trades Committee No fee 2
Council for the Order of Australia No fee No fee 1
Local Trades Committee No fee 2
Military Rehabilitation and Compensation Commission No fee No fee B3.17 2

2

Additional Sub-clauses to Table B3

B3.1 Examiner, Australian Crime Commission: The maximum amount an Examiner who is paid by way of daily fees can be paid in one year is $228,480.  The Hon John Hannaford and the Hon John Hatzistergos are to receive the full amount determined in Column 2 until the remuneration for performing this office totals $30,880 in a financial year (1 July to 30 June).  Once income in a financial year reaches this level, the daily rate applying will revert to $692. 
B3.2 Specialist Medical Review Council: In addition to the relevant daily fee, the Convenor will receive a retainer of $27,240 per annum. A councillor who is appointed as a presiding councillor under subsection 196ZK(3) of the Veterans’ Entitlements Act 1986 will, in addition to the relevant daily fee, receive a retainer of $18,370 per annum
B3.3 Gene Technology Committees: An Expert Advisor appointed to either the Gene Technology Technical Advisory Committee or the Gene Technology Ethics and Community Consultative Committee will receive $807 per day and is entitled to Tier 1 Travel.
B3.4 Repatriation Medical Authority: In addition to the relevant daily fee, retainers of $54,410 per annum for the Chairperson and $36,260 per annum for the Members are payable.
B3.5 Fair Work Commission Expert Panel Member:  Fees for all official business will be calculated in accordance with Table B2. Table B1 does not apply. 
B3.6

Administrative Appeals Tribunal (AAT) – former Social Security Appeals Tribunal (SSAT): This determination applies to an AAT member who is a former member of the SSAT and is covered by the transitional provisions of Section 5 of Item 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former SSAT member’s term of appointment that commenced before 1 July 2015).  All daily fees for these part-time office holders are calculated in accordance with Table B2; Table B1 does not apply.  The following conditions also apply:

(a)   for the purpose of Column 3 of Table B2 total time includes all official travel time; time spent on Tribunal business; and preparation for, attendance and finalisation of all matters associated with a Tribunal hearing;

(b)  the nature, reasonableness and duration of official business shall be reviewed prior to payment of fees, according to governance arrangements established by the President of the AAT; and 

(c)   a part-time office holder 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 less than five working days' notice. 

B3.7

Superannuation Complaints Tribunal (SCT): All daily fees for part-time office holders of the SCT are calculated in accordance with Table B2; Table B1 does not apply.  The following conditions also apply:

(a)   for the purpose of Column 3 of Table B2 total time includes all official travel time; time spent on Tribunal business; and preparation for, attendance and finalisation of all matters associated with a Tribunal hearing; and

(b) the Chairperson of the SCT is to certify the nature, reasonableness and duration of official business undertaken prior to any payment of fees.

B3.8 Tax Practitioners Board: The maximum fees payable each year to part-time Members of the Tax Practitioners Board are capped at 80% of the sum of the base salary payable each year to a full-time Member.
B3.9 Commissioner, Tertiary Education Quality and Standards Agency: Emeritus Professor Clifford Walsh will receive Total Remuneration of $261,576 (base salary of $190,952) while his routine pattern of work remains the equivalent of four full-time days per week.  During this period he is also entitled to an accommodation allowance of up to $34,500 per year (subject to expenditure) to meet commercial rental costs in Melbourne and reunion fares of up to $18,000 per year (subject to expenditure) for travel between his home locality and Melbourne.
B3.10 Classification Review Board: When the Deputy Convenor acts as Convenor, he or she will be entitled to the remuneration and other conditions determined for the Convenor.
B3.11 Defence Force Advocate: The daily fee specified in Table B.3 is payable when the Advocate undertakes tasks that do not require the advocacy and legal advice skills of a Senior Counsel. Fees payable for advocacy and legal advice that the Department certifies as within the Advocate’s functions under s.58T of the Defence Act 1903 and requiring the skills of a Senior Counsel or a Queens Counsel, shall be at the rate of $3,500 per day.
B3.12

Administrative Appeals Tribunal (AAT) – former Migration Review Tribunal and Refugee Review Tribunal: This determination applies to an AAT member who is a former member of the MRT/RRT and is covered by the transitional provisions of Item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former MRT/RRT member’s term of appointment that commenced before 1 July 2015).  Table B1 and B2 do not apply to these part-time office holders.  The following conditions also apply:

(a)   members receive a daily fee for seven hours work (which may accumulate over several days); and

(b)  the nature, reasonableness and duration of official business shall be reviewed prior to payment of fees, according to governance arrangements established by the President of the AAT.

B3.13 Committees of Research and Development Corporations: This entry refers to committees established under the Primary Industries and Energy Research and Development Act 1989.
B3.14 Editorial Advisor Board: Subject to a minimum payment of $3,160 per annum.
B3.15

Torres Strait Regional Authority:  Table B1 and Table B2 do not apply.Office-holders shall be paid in accordance with the following conditions:

(a) for formal meetings and/or authority business aggregating 6 hours or more on any one day – 100% of the daily fee;

(b) for formal meetings and/or authority business aggregating 3 hours or more but less than 6 hours on any one day – 60% of the daily fee; and

(c) for formal meetings and/or authority business aggregating less than 3 hours on any one day – 40% of the daily fee.

B3.16 Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections (MACBBVSTI): Members appointed as organisational representatives, such as Federal Parliamentarians and State/Territory Officials, will not receive the travel allowance determined for MACBBVSTI Members if they have an entitlement to travel allowance from a different source.
B3.17 Military Rehabilitation and Compensation Commission: Where a member has an entitlement to Tier 1 travel by virtue of a full-time appointment, that entitlement will also apply to this Office.

Table B4 - Specified Professional Committees

Advisory Committee for Biologicals

Advisory Committee on Chemicals Scheduling

Advisory Committee on Complementary Medicines

Advisory Committee on Medical Devices

Advisory Committee on Medicines Scheduling

Advisory Committee on Prescription Medicines

Advisory Committee on Non-Prescription Medicines

Advisory Committee on the Safety of Medical Devices

Advisory Committee on the Safety of Medicines

Advisory Committee on the Safety of Vaccines

Australian Commission on Safety and Quality in Health Care – Expert Committees

Australian Therapeutic Goods Advisory Council

Independent Hospital Pricing Authority Clinical Advisory Committee

Medicare Participation Review Committees

National Pathology Accreditation Advisory Council

Pathology Services Table Committee

Pharmaceutical Services Committee of Inquiry

Therapeutic Goods Committee

SCHEDULE C - ANNUAL MEETING AND ADDITIONAL DAILY FEES

17.Guide to this Schedule:

This Schedule applies to office holders who receive an annual meeting fee and additional daily fee.  The annual fee compensates for formal meetings of the authority with the additional daily fee payable for authority business unrelated to the formal meetings.

It sets out the conditions that must be met for payment of both the annual meeting fee and the additional daily fee, including certification of hours and minimum claim and maximum payment arrangements.  Table C1 sets out the basis of calculation of the additional daily fee.  Table C2 identifies:

·     the individual public offices remunerated by annual meeting and additional daily fees;

·     the actual fees payable to Chairs and Members (where applicable);

·     any additional provisions or conditions that apply to the office, including any caps that apply to the additional daily fee ; and

·     the relevant travel tier for the office.

18.Conditions of payment of annual meeting fees: The annual meeting fees set out in Table C2 are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual meeting fee covers:

•attendance at all formal meetings of the authority (regardless of their duration);

•any preparation time for the formal meetings; and

•any official travel time associated with the formal meetings.

18.1.Lengthy absence: The annual meeting fee is proportionally reduced where an office holder is unavailable to attend meetings of the authority for a period of more than three months, except to the extent that a reduction would be inconsistent with the terms of the office holder's appointment.

19.Additional daily fee: The additional daily fees set out in Table C2 are payable for time spent on authority business in accordance with the conditions of this Schedule and as calculated in Table C1.

19.1.Meaning of 'authority business' in this Schedule: For the purpose of this Schedule 'authority business' also excludes:

•all preparation for a formal meeting even where it is considered excessive to normal preparation time; and

•any official travel time associated with a formal meeting regardless of when this occurs.

19.2.Certification of hours: Prior to payment, the Chair must certify the total time claimed by the office holder, including any official travel time where it is not associated with a formal meeting.

·The Chair’s total time should be certified in accordance with the terms set out in the office holder's appointment or under governance arrangements approved by the responsible portfolio minister or authority.

19.3.Maximum payment: The maximum fee payable for any one day is one daily fee.

19.4.Minimum claim: Unless the authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one daily fee.

19.5.Annual cap: Where there is an annual cap on additional daily fees applicable to the holder of a specified office, that cap is listed in Column 4 of Table C2. Where a cap is set, additional daily fees are not payable to an office holder once their aggregate daily fee earnings during that financial year reach the cap.

Table C1 - Calculation of additional daily fees

Column 1

Total time

Column 2

Daily fee payable

Column 3

Total time includes

For each period of at least one hour

20 per cent for each hour, up to a maximum of five hours per day

•   Time spent on authority business

•    Official travel time where it is not associated with a formal meeting

Table C2: Annual meeting fee and additional daily fee – fees and travel tier

20.General provisions relating to Table C2:

·Remuneration for an office holder is at the rate specified in the appropriate column opposite the office/authority.  Where there is an additional condition that applies to a specified office, a sub-clause is listed in Column 5. The additional sub-clauses are set out immediately following the Table.

·Rates are effective from 11 May 2015 unless otherwise specified.

Column 1

Office/Authority

Column 2

Annual meeting fee

$

Column 3

Additional daily fee

$

Column 4

Annual cap on additional daily fees

$

Column 5

Additional clauses applying

Column 6

Travel tier

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development

     Chair

79,360

1,076

21,520

1
Member 52,910 807 16,140 1
Prostheses List Advisory Committee     Chair 40,960 1,076 1
Member 20,480 807 1

National Competition Council

   President

33,280 1,076 C2.1 1

Other Councillors

16,640

807

C2.1

1

Additional sub-clauses to Table C2

C2.1 National Competition Council: The annual fee applies to all Council work including governance, meeting preparation and consideration of applications at and prior to scheduled meetings. The daily fee applies only to consideration of applications that are not able to be covered in the scheduled meetings due to statutory timeframes.

SCHEDULE D - BASE FEE AND MEETING FEE

21.Guide to this Schedule:

This Schedule applies to office holders who receive a combination of a base (annual) fee and a (daily) meeting fee.  The base fee compensates for a wide range of work undertaken by the office holder as set out in this Schedule.  The additional daily fee component applies only to full day formal meetings of the authority and is payable in accordance with the provisions set out in this Schedule.  Table D identifies:

·     the individual public offices remunerated by annual meeting and additional daily fees;

·     the actual fees payable to Chairs and Members (where applicable);

·     any additional provisions or conditions that apply to the office; and

·     the relevant travel tier for the office.

22.Base fee: The base fees set out in Table D are an annual fee payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The base fee covers all activities undertaken by the office holder in performing the duties of their office, including:

•part day meetings (involving less than five hours including official travel time);

•preparation for a formal meeting;

•sub-committee work;

•formal dinners;

•teleconferences;

•representational activities; and

•other authority business.

22.1.Lengthy absence: The base fee is proportionally reduced where an office holder is unavailable to perform the duties of their office for a period of more than three months, except to the extent that a reduction would be inconsistent with the terms of the office holder's appointment.

23.Meeting fee: The meeting fees set out in Table D are payable in accordance with the conditions of this Schedule.

23.1.Calculation of fees: Meeting fees are only payable where the total time spent on a formal meeting of the authority, combined with official travel time associated with the meeting, is five hours or more on the same day.

23.2.Certification of hours: Prior to payment, the Chair must certify the total time claimed by the office holder, including any official travel time. If the Chair is absent from the meeting, the nominated presiding officer should certify the total time claimed by the office holder for that day.

·The Chair’s total time should be certified in accordance with the terms set out in the office holder's appointment or under governance arrangements approved by the responsible portfolio minister or authority.

23.3.No payment for part days: There is no meeting fee payable where the total time spent on a formal meeting of the authority, combined with official travel time associated with the meeting, is less than five hours on a particular day. Part days do not accrue.

Table D:  Base Fee and Meeting Fee – fees and travel tier

24.General provisions relating to Table D:

·Remuneration for an office holder is at the rate specified in the appropriate column opposite the office/authority.  Where there is an additional condition that applies to a specified office, a sub-clause is listed in Column 4. The additional sub-clauses are set out immediately following the Table.

·Rates are effective from 11 May 2015 unless otherwise specified.

Column 1

Office/Authority

Column 2

Base fee

$

Column 3

Meeting fee

$

Column 4

Additional clauses applying

Column 5

Travel tier

Climate Change Authority                    Chair

56,320

1,076

2

Member 28,160 861
Road Safety Remuneration Tribunal 40,960 615 1
Clean Energy Regulator                  Member 33,280 1,050 D.1 1
Australian Charities and Not-for-profits Commission Advisory Board               Chair 33,280 922 2
Member 13,312 615
Special Building Industry Powers - Independent Assessor 25,600 922 D.2 2

Takeovers Panel   Chair

   Member

25,600 1,076 D.3 1
5,120 1,076
Woomera Prohibited Area Advisory Board – Independent Chair 13,312 922 2

Australian Reinsurance Pool Corporation

   Chair

25,600 1,076 1
Member 12,800 969

Additional Sub-clauses to Table D

D.1 Clean Energy Regulator – A maximum cap of 15 daily meeting fees will be paid each calendar year.  Meeting fees are not payable for any meetings which exceed this 15 meeting cap.
D.2 Special Building Industry Powers – Independent Assessor – The base fee includes payment for the first 20 full days of work, in any given financial year, where a day is an aggregate of at least 7 hours, after which a daily fee of $922 per day of work would apply.
D.3

Takeovers Panel – Meeting fees are payable for sitting days of takeover proceedings and for Panel days where the duration of the proceedings is of a minimum of three hours.  Payment of fees is subject to a maximum of one daily fee for any one day.  For periods of work of less than three hours, a fee is payable as follows: 

·     less than two hours -  40% of a daily fee; and

·     two hours to less than three hours – 60% of a daily fee. 

SCHEDULE E - ABORIGINAL LAND COUNCILS FEES

25.Guide to this Schedule:

This Schedule applies to office holders of the Aboriginal Land Councils.  Depending on their Council, Councillors may receive either an annual fee or a daily fee.  The Schedule sets out the conditions that must be met for payment of fees, including certification of hours and minimum claim and maximum payment arrangements.  Tables E1 and E2 set out the different basis of calculation of the fee on a meeting and non-meeting days and the activities covered by the fee.  Table E3 identifies:

·     the individual office holders, and the basis of their remuneration – either daily fees or annual fees; and

·     the actual fee payable to Chairs, Deputy Chairs (where applicable) and Councillors.

Daily fees

26.Conditions of payment of daily fees: Payment of daily fees under this Schedule is subject to the following conditions.

26.1.Certification of hours: Prior to payment, the Chair must certify the total time claimed by the office holder, including any official travel time. If the claim relates to a meeting day and the Chair is absent from the meeting, the nominated presiding officer should certify the total time claimed by the office holder for that day.

·The Chair’s total time should be certified in accordance with the terms set out in the office holder's appointment or under governance arrangements approved by the responsible portfolio minister or authority.

26.2.Maximum payment: The maximum payable for any one day is one daily fee.

26.3.Minimum claim: Unless the authority determines otherwise, the minimum amount that may be claimed on each occasion is one daily fee.

27.Calculation of daily fees: The daily fees set out in Table E3 are payable in accordance with the conditions of this Schedule.

27.1.Meeting day: The fees payable to an office holder on a meeting day are calculated in accordance with Table E1.

27.2.Non-meeting day: The fees payable to an office holder on a non-meeting day are calculated in accordance with Table E2.

(Note: Normal preparation time must not be taken into account in calculating ‘Total time’ under Column 3 of Table E1 or Table E2).

28.Identifying daily fees in Table E3: A fee set out in Table E3 is a daily fee if it is expressed to be payable 'daily'.

Table E1 - Calculation of fees on a meeting day

Column 1

Total time

Column 2

Daily fee payable

Column 3

Total time includes

Less than two hours

40 per cent

•   Time spent attending formal meeting

•   Time spent on authority business

•    Official travel time

Two hours to less than three hours

60 per cent

Three or more hours

one daily fee

Table E2 - Calculation of fees on a non-meeting day

Column 1

Total time

Column 2

Daily fee payable

Column 3

Total time includes

For each period of at least one hour

20 per cent for each hour, up to a maximum of five hours per day

•   Time spent on authority business

•    Official travel time

Annual fees

29.Conditions of payment of annual fees: The annual fees set out in Table E3 are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual fee covers all activities undertaken by the office holder in performing the duties of their office.

29.1.Lengthy absence: The annual fee is proportionally reduced where an office holder is unavailable to perform the duties of their office for a period of more than three months, except to the extent that a reduction would be inconsistent with the terms of the office holder's appointment.

Travel Tier

30.Office holders are entitled to Tier 2 travel.

Table E3 - Holders of Public Offices in Aboriginal Land Councils – fees

31.General provisions relating to Table E3:

·    Remuneration for an office holder is at the rate specified in Column 2 opposite the office.  Column 3 specifies whether the fee is payable on a daily or annual fee basis.

·     Rates are effective from 11 May 2015 unless otherwise specified.

Column 1

Office

Column 2         Column 3
$ Fee type
NORTHERN LAND COUNCIL
Chairman
If engaged part-time on the functions and duties of the office 717 Daily
Member
if engaged on general Council business 287 Daily
if engaged on business of the executive 466 Daily
CENTRAL LAND COUNCIL
Chairman
If engaged part-time on the functions and duties of the office 717 Daily
Member
if engaged on general Council business 287 Daily
if engaged on business of the executive 466 Daily
TIWI LAND COUNCIL
Chairman 56,320 Annual
Deputy Chairman 33,793 Annual
Member, Management Committee 33,793 Annual
ANINDILYAKWA LAND COUNCIL

Chairman

If engaged part-time on the functions and duties of the office

615 Daily
Member 308 Daily

Notes to Remuneration Tribunal Determination 2015/08:

Remuneration and Allowances for Holders of Part-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 2015/08 – Remuneration and Allowances for Holders of Part-Time Public Office

14/05/2015

F2015L00683

11/05/2015

-

Determination 2015/09: Remuneration and Allowances for Holders of Public Office

25/06/2015

F2015L00937

Cl 2.1, 2.8, 2.10, 2.12, 2.13 - 26/06/2015

Cl 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.9, 2.11 – 1/07/2015

-

Determination 2015/14: Remuneration and Allowances for Holders of Public Office

29/09/2015

F2015L01523

Cl 2.1, 2.2, 2.3, 2.4, 2.5 – 30/09/2015

Notes to Remuneration Tribunal Determination 2015/08:

Remuneration and Allowances for Holders of Part-Time Public Office

Table of Amendments

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

Provision affected How affected
Schedule A
Table A am 2015/14
Clause A11 am 2015/14
Clause A12 rep 2015/14
Schedule B
Table B3 am 2015/09, am 2015/14
Sub-clause 3.16 am 2015/09
Sub-clause 3.12 am 2015/09
Schedule D
Table D am 2015/09
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