Remuneration Tribunal Determination 2015/20 - Remuneration and Allowances for Holders of Part-Time Public Office (Cth)

Case
No judgment structure available for this case.

Determination 2015/20:

Remuneration and Allowances for Holders of Part-Time Public Office

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 30 November 2016 and incorporating amending determinations up to and including 2016/12 – Remuneration and Allowances for Holders of Public Office

Compilation No. 10

___________________________________________________________________________

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.

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 1 January 2016 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 1 January 2016:

Chair - $523

Member - $393

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 2015/11: Official Travel by Office Holders 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 2015/11 at the Travel Tier rate specified in the relevant Schedule for that office.

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 2015/11 at the Travel Tier 2 rate.

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 1 January 2016 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

213,830

172,150

106,960

1

Future Fund

202,280

101,170

1

Commonwealth Grants Commission

198,900

105,280

1

Australia Post

182,520

101,860

91,290

A1, A10

1

Australian Broadcasting Corporation

167,900

82,880

55,270

1

ASC Pty Ltd

156,680

73,120

A2, A6

1

Independent National Security Legislation Monitor

Effective 9 August 2016, refer Det 2016/09

$156,680

1

Commonwealth Scientific and Industrial Research Organisation

132,680

99,510

66,340

A2

1

National Disability Insurance Scheme Launch Transition Agency

Effective as 1 July 2016, refer det 2016/05

132,680

66,340

A2,A7

1

Commonwealth Superannuation Corporation

132,680

63,460

A2, A4

See A4

Moorebank Intermodal Company Limited

112,290

89,840

56,150

1

Airservices Australia

112,290

84,220

56,150

A2

1

Australian Digital Health Agency Board

Effective 9 April 2016, refer Det 2016/02

112,290

56,150

A12

1

Australian Maritime Safety Authority

112,290

84,220

56,150

A2

1

Civil Aviation Safety Authority Board

112,290

84,220

56,150

A2

1

Australian Rail Track Corporation

112,290

56,150

1

Board of Taxation

112,290

56,150

1

Defence Housing Australia

112,290

56,150

A2

1

Infrastructure Australia

112,290

56,150

A11

1

Northern Australia Infrastructure Facility

Effective 1 July 2016, ref Det 2016/09

112,960

56,150

A2, A14

1

Murray-Darling Basin Authority

112,290

67,380

1

Australian Curriculum Assessment and Reporting Authority

104,450

78,340

Daily fee

A5

See A5

Special Broadcasting Service

104,450

78,340

41,780

1

Clean Energy Finance Corporation

104,450

52,230

1

Foreign Investment Review Board

104,450

52,230

1

National Health and Medical Research Council (NHMRC)

104,450

26,120

A4

See A4

National Health and Medical Research Council – Research Committee

80,950

2

National Health Medical Research Committee – All other Principal Committees

65,280

2

National Health Medical Research Committee – Australian Health Ethics Committee

65,280

2

Australian Institute for Teaching and School Leadership Ltd

96,620

72,470

Daily fee

A5

See A5

Australian Nuclear Science and Technology Organisation Board

96,620

72,470

48,310

A2

1

Tourism Australia

96,620

72,470

48,310

A2

1

Innovation and Science Australia Board 96,620 43,480 A8, A4 See A4

Innovation and Science Australia Committee

18,280

10,970

A8

2

Australian Sports Commission

88,790

66,600

44,400

A2

1

Private Health Insurance Administration Council

88,790

53,280

A2

1

Safety, Rehabilitation and Compensation Commission

88,790

39,960

1

Food Standards Australia New Zealand

80,950

40,480

A3

1

International Air Services Commission

80,950

40,480

1

Medical Services Advisory Committee

80,950

Daily fee

1

Export Finance and Insurance Corporation

73,120

54,840

32,910

A2

1

Indigenous Business Australia

73,120

54,840

36,560

A2

1

Indigenous Land Corporation

73,120

54,840

36,560

A2

1

Aboriginal Hostels Limited

73,120

36,560

2

Australian Institute of Health and Welfare

Effective 28 May 2016, refer Det 2016/03

73,120

36,560

2

Reserve Bank of Australia

73,120

A1

1

Australian Commission on Safety and Quality in Health Care

73,120

24,350

2

Australian Electoral Commission

73,120

1

Australian Fisheries Management Authority Commission

73,120

36,560

36,560

1

Australian Hearing Services

73,120

32,910

A2, A9

1

Australian Heritage Council

73,120

32,910

1

Australian Heritage Council – Associate Member

32,910

1

Grains Research and Development Corporation

73,120

36,560

A2

1

Independent Hospital Pricing Authority

73,120

24,350

2

Outback Stores Pty Ltd

73,120

36,560

2

Australian Grape and Wine Authority

73,120

36,560

36,560

2

Prime Minister’s Indigenous Advisory Council

73,120

Daily fee

2

Referendum Council, Co-Chair

Effective 1 January 2016, refer Det 2016/01

73,120

Daily Fee

2

Cancer Australia Advisory Council

65,280

32,640

2

National Offshore Petroleum Safety and Environmental Management Authority Board

65,280

32,640

1

Australia Council

57,450

43,090

31,600

A3

1

Screen Australia

57,450

43,090

31,600

A3

1

Australian Transport Safety Bureau Commission, Commissioner

57,450

1

Army and Air Force Canteen Service (AAFCANS)

57,450

28,730

A2

2

Fisheries Research and Development Corporation

57,450

34,470

1

National Capital Authority

57,450

22,980

1

National Rural Advisory Council

57,450

31,600

1

Payments System Board

Full-time

57,450

1

Rural Industries Research and Development Corporation

57,450

34,470

A3

1

Safe Work Australia

57,450

2

National Gallery of Australia Council

49,620

37,220

24,810

2

Australian Institute of Marine Science Council

49,620

24,810

A3

2

Australian Technical Advisory Group on Immunisation

49,620

Daily fee

1

Australian War Memorial Council

49,620

24,810

2

Cotton Research and Development Corporation

49,620

24,810

2

Australian Film Television and Radio School - Council

49,620

24,810

A2

2

Radiation Health and Safety Advisory Council

49,620

2

Sydney Harbour Federation Trust

49,620

24,810

A2

2

National Library of Australia Council

41,780

31,340

20,890

2

Australian National Maritime Museum Council

41,780

20,890

2

Fishing Industry Policy Council

41,780

2

National Film and Sound Archive

41,780

20,890

20,890

2

National Museum of Australia Council

41,780

20,890

2

National Portrait Gallery of Australia

41,780

20,890

2

Australian Sports Anti-Doping Authority

Full-time

37,350

33,950

2

Pharmaceutical Benefits Advisory Committee

Full-time

41,780

1

Australia Business Arts Foundation

33,950

25,470

16,980

1

Australian Pesticides & Veterinary Medicines Authority – Advisory Board

33,950

Daily fee

2

Australian Sports Drug Medical Advisory Committee

33,950

23,770

2

Australian Statistics Advisory Council

33,950

1

Classification Review Board

33,950

Daily fee

Daily fee

2

Defence Reserves Support Council National Executive

33,950

28,860

2

Defence Strategic Reform Advisory Board

33,950

23,770

1

Public Lending Right Committee

33,950

2

Asbestos Safety and Eradication Agency

26,120

Daily fee

2

Great Barrier Reef Marine Park Authority Full-time 26,120 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 - $21,120 per annum; Member $10,560 per annum.

A2

Audit fees: Members also appointed to an Audit Committee (however named) are entitled to additional fees as follows: Chair - $15,370 per annum; Member $7,690 per annum.

A3

Audit fees: Members also appointed to an Audit Committee (however named) are entitled to additional fees as follows: Chair - $9,300 per annum; Member $4,650 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: This sub-clause does not apply to the Chair. A member who is Chair of the Business Assurance and Security (BAS) Committee will receive an additional $14,750 per annum.  A member who is member of the BAS Committee will receive an additional $7,375 per annum.

A7

National Disability Insurance Scheme Launch Transition Agency: For office holders appointed prior to 1 July 2016 the following remuneration will apply, Chair $133,180 per annum, Member $66,600 per annum. Members appointed to the Sustainability Committee are entitled to additional fees as follows: Chair $11,500 per annum: Member $5,750 per annum. The Cahir of the National Disability Insurance Scheme Launch Transition Agency Board is not entitled to additional fees.

A8

Innovation and Science 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 $52,310 and not the amount specified in Column 2. The Hon. Michael Knight AO will receive $32,205 per annum member fee in lieu of other amounts specified in column 4 of Table A and whilst he is a member of the Audit and Risk Committee he is entitled to an additional $3,845 per annum for service on that committee, in lieu of any other audit fees that would otherwise apply under this Determination.

A10

Australia Post:  Members appointed to the People, Safety and Culture Sub- committee are entitled to additional fees as follows: Chair $18,000 per annum; Member $9,000 per annum. The Chair and Deputy Chair of the Australia Post Board are not entitled to these additional fees.

A11

Infrastructure Australia: The Hon. Mark Birrell, will receive an annual fee of $71,890 in lieu of other amounts specified in column two of Table A for the duration of his appointment.

A12

Australian Digital Health Agency Board: A Member of the Board who is appointed to Chair a Standing Advisory Committee is entitled to an additional fee of $10,000 per annum.

A13

A14

Northern Australia Infrastructure Facility: The Chair will receive an additional loading of $34,000 per annum until 30 June 2017. Mr Barry Coulter will receive an annual member fee of $43,825 in lieu of other amounts specified in Column 4 of Table A.

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 1 January 2016 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

1,411

1,270

1,129

1

Examiner, Australian Crime Commission

1,411

B3.1

1

Professional Services Review – Committees

1,411

1,270

1

Professional Services Review – Determining Authority

1,411

1,270

1

Australian Medical Research Advisory Board

Effective 27 February 2016, ref Det 2016/01

1,254

1,004

1

Australian Renewable Energy Agency

1,254

1,004

2

Education Investment Fund Advisory Board

1,254

1,004

1

Health and Hospitals Fund Advisory Board

1,254

1,004

1

Inspector–General of Biosecurity

Effective from 16 June 2016, refer Det 2016/05

1,254

B3.18

2

Specialist Medical Review Council - Convenor/councillor

1,254

1,004

B3.2

1

Australian Energy Regulator

1,202

1

Administrative Review Council

1,098

879

1

Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)

1,098

824

2

Australian Sports Drug Medical

 Advisory Committee – Review Members

824

2

Defence Honours and Awards Appeals Tribunal

1,098

824

2

Emissions Reduction Assurance Committee

Effective 9 August 2016, refer Det 2016/09

1,098

824

2

Family Law Council

1,098

879

1

Gene Technology Ethics and Community Consultative Committee

1,098

824

B3.3

1

Gene Technology Technical Advisory Committee

1,098

824

B3.3

1

Hazardous Waste Technical Group

1,098

824

2

Innovation and Science Australia Committee - Non Board Member

1,098

1,098

2

National Disability Insurance Scheme Launch Transition Agency - Advisory Council

1,098

824

2

National Mental Health Commission (Chair/Commissioner)

1,098

824

2

National Transport Commission

1,098

989

1

Oil Stewardship Advisory Council

1,098

824

1

Patent and Trade Marks Attorneys Disciplinary Tribunal

1,098

2

Professional Committees listed in Table B4

1,098

824

1

Professional Standards Board for Patent and Trade Marks Attorneys

1,098

824

1

Repatriation Medical Authority

1,098

989

B3.4

1

Seafarers Safety, Rehabilitation and Compensation Authority

1,098

1,011

1

Tertiary Education Quality and Standards Agency (TEQSA) – Chief Commissioner and Commissioners

1,098

824

2

Threatened Species Scientific Committee

1,098

733

1

Tuition Protection Service (TPS) Advisory Board

1,098

549

2

Australian Competition and Consumer Commission – Associate Member

1,045

B3.17

1

Australian Communications and Media Authority – Associate Member

1,045

1

Australian Institute for Teaching and School Leadership Ltd

Annual fee

Annual fee

1,045

2

Australian Curriculum Assessment and Reporting Authority

Annual fee

Annual fee

1,045

2

Fair Work Commission Expert Panel Member

1,045

B3.5

1

Commonwealth Science Council

1,045

1

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

1,045

B3.6

2

AAT (former SSAT Member)

889

B3.6

2

Tax Practitioners Board (TPB) – Member

1,045

B3.8

2

Tax Practitioners Board – Committee Member

784

2

Australian Accounting Standards Board (AASB)

1,004

1

Auditing and Assurance Standards Board (AuASB)

1,004

1

Australian National Council on Drugs

941

847

753

2

Aged Care Quality Advisory Council

941

753

2

Asbestos Safety and Eradication Council

Annual fee

628

2

Australia Council, Sector Strategy Panels

941

753

2

Australia Council, Peer Assessment Panel Members

706

2

Australian Astronomical Observatory Advisory Committee (AAOAC)

941

628

2

Australian Community Pharmacy Authority

941

753

2

Australian Grape and Wine Authority Selection Committee

941

2

Australian National Preventive Health Agency (ANPHA) Advisory Council

941

628

2

Australian Organ and Tissue Donation and Transplantation Authority Advisory Council

941

753

2

Commission for International Agricultural Research

941

706

2

Corporations and Markets Advisory Committee (Convener/Member)

941

847

1

Disability Standards Review Panel

941

471

2

Fisheries Research and Development Corporation Selection Committees

941

1

Fuel Standards Consultative Committee

941

628

2

Indigenous Advisory Committee established under the EPBC Act

941

628

2

Land Sector Carbon and Biodiversity Board

941

847

2

Land Sector Carbon and Biodiversity Board - Committees

628

471

2

Ministerial Council on Asylum Seekers and Detention

941

847

2

National Blood Authority

941

706

1

Referendum Council

Effective 1 January 2016, refer Det 2016/01

Annual Fee

753

2

Regional Telecommunications Independent Review Committee

941

753

2

Research and Development Corporations Selection Committees

941

1

Classification Review Board

Annual fee

916

889

B3.10

2

Anti-Doping Research Program Panel

889

1

Defence Force Advocate

889

B3.11

1

Defence Force Remuneration Tribunal

889

1

AAT (former Migration Review Tribunal (MRT) Member)

889

B3.12

2

AAT (former Refugee Review Tribunal (RRT) Member)

889

B3.12

2

Pharmaceutical Benefits Remuneration Tribunal

889

1

Productivity Commission

Full-time

889

1

Superannuation Complaints Tribunal

Full-time

889

B3.7

2

Australian Strategic Policy Institute

837

670

2

Climate Change Authority Associate Member

879

2

Geographical Indications Committee

837

754

2

Prime Ministerial Advisory Council on Veterans’ Mental Health

837

No fee

2

Veterans’ Review Board (Senior Member; Member)

837

754

2

Australian Digital Health Agency – Standing Advisory Committees

Effective 9 April 2016, refer Det 2016/02

Annual

Fee

784

2

Australian National Maritime Museum –  Committee (non-Board member)

784

2

Australian Pesticides & Veterinary Medicines Authority – Advisory Board

Annual fee

784

2

Australian Technical Advisory Group on Immunisation

Annual fee

784

1

Prime Minister’s Indigenous Advisory Council

Annual fee

753

2

Medical Services Advisory Committee

Annual fee

784

1

ABC Advisory Council

732

659

2

Anti-Doping Rule Violation Panel

732

659

2

AIATSIS Research Advisory Committee

472

2

Coal Mining Industry (Long Service Leave Funding) Corporation

732

549

549

2

Committees of Research and Development Corporations

732

659

B3.13

2

Defence Industry Study Course

732

2

Editorial Advisory Board

732

B3.14

2

Higher Education Standards Panel (HESP)

732

659

2

Management Advisory Committees, Australian Fisheries Management Authority

732

549

2

National Archives of Australia Advisory Council

732

659

2

National Customs Brokers Licensing Advisory Committee

732

659

2

Religious Advisory Committee to the Services

732

732

2

Statutory Fishing Rights Allocation Review Panel

732

659

2

AIHW Ethics Committee

628

471

2

National Rural Advisory Council – Specialist Committees

680

2

Torres Strait Regional Authority (TSRA)

637

472

B3.15

2

Torres Strait Regional Authority Member Advisory Committee

472

B3.15

2

Aboriginals Benefit Account Advisory Committee (ABAAC)

628

471

2

APS Reconsideration Committee

628

566

2

Australian Sports Anti-Doping Authority – Advisory Group

628

471

2

CSIRO Advisory Committees

628

471

2

Defence Force Case Assessment Panel

628

566

2

Military Superannuation and Benefits Scheme Reconsideration Committee

628

566

2

Uluru – Kata Tjuta Board of Management

628

471

2

Kakadu Board of Management

628

471

2

Booderee Board of Management

523

393

2

Defence Families of Australia 

National Convenor

523 3

Defence Families of Australia

National Delegates

392

3

Defence Families of Australia

National Communications Officer

392

3

Defence Families of Australia

National Policy Officer

392

3

Defence Reserves Support Council - State/Territory Chairs 523 2
Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections 523 393 B3.16 2
Medical Training Review Panel 472 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 B3.9 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 $233,050.  The Hon John Hannaford is to receive the full amount determined in Column 2 until the remuneration for performing this office totals $31,500 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 $706. 
B3.2 Specialist Medical Review Council: In addition to the relevant daily fee, the Convenor will receive a retainer of $27,790 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 $18,740 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 $824 per day and is entitled to Tier 1 Travel.
B3.4 Repatriation Medical Authority: In addition to the relevant daily fee, retainers of $55,500 per annum for the Chairperson and $37,010 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 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.
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 $3,224 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 Australian Competition and Consumer Commission – Associate Member (Agriculture): The office holder will receive an annual fee of $251,600 while working the equivalent of 3 days per week, administered in accordance with Schedule A of the Determination, in lieu of any amount appearing in Column 4.

B3.18

Inspector-General of Biosecurity – The daily fee is capped at 175 days per annum.

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

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 1 January 2016 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

80,950

1,098

21,960

1

Member 53,980 824 16,470 1

Prostheses List Advisory Committee     Chair

41,780

1,098

1

Member 20,890 824 1

National Competition Council

   President

33,950 1,098 C2.1 1

Other Councillors

16,980

824

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 1 January 2016 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

57,450

1,098

2

Member

28,730

879

Clean Energy Regulator                  Member

33,950

1,071

D.1

1

Australian Charities and Not-for-profits Commission Advisory Board               Chair

33,950

941

2

Member

13,580

628

Special Building Industry Powers - Independent Assessor

26,120

941

D.2

2

Takeovers Panel   Chair

   Member

26,120

1,098

D.3

1

5,230

1,098

Woomera Prohibited Area Advisory Board – Independent Chair

13,580

941

2

Australian Reinsurance Pool Corporation

   Chair

26,120

1,098

1

Member

13,060

989

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 $941 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 1 January 2016 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 732 Daily
Member
if engaged on general Council business 293 Daily
if engaged on business of the executive 476 Daily
CENTRAL LAND COUNCIL
Chairman
If engaged part-time on the functions and duties of the office 732 Daily
Member
if engaged on general Council business 293 Daily
if engaged on business of the executive 476 Daily
TIWI LAND COUNCIL
Chairman 57,450 Annual
Deputy Chairman 34,470 Annual
Member, Management Committee 34,470 Annual
ANINDILYAKWA LAND COUNCIL

Chairman

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

628

Daily

Member 314 Daily

Notes to Remuneration Tribunal Determination 2015/20:

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 Legislation 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 Legislation.

Table of Instruments

Title

Date of FRLI registration

Date of commencement

Application saving or transitional provisions

Determination 2015/20 – Remuneration and Allowances for Holders of Part-Time Public Office

14/12/2015

F2015L01975

1/01/2016

-

Determination 2016/01: Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices and principal Executive Office

26/02/2016

F2016L00162

Cl 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7,

2.12, 2.13, 2.14, 2.15, 2.17, 2.18 27/02/2016

Cl  2.8, 2.9, 2.10, 2.11 – 1/01/2016

Cl 2.16 - 10/03/2016

-

Determination 2016/02: Remuneration and Allowances for Holders of Public Office and Principal Executive Office

8/04/2016

F2016L00498

Cl 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9 – 9/04/2016

-

Determination 2016/03: Remuneration and Allowances for Holders of Public Offices and Judicial and Related Offices

27/05/2016

F2016L00840

Cl 2.6 – 3/05/2016

Cl 2.1, 2.2, 2.3, 2.4, 2.5, 2.7 – 28/05/2016

-

Determination 2016/05: Remuneration and Allowances for Holder of Public Office and Official Travel by Office Holders

17/06/2016

F2016L01041

Cl 2.2, 2.3 16/6/2016

Cl 2.1, 2.4, 2.7 – 18/6/2016

Cl 2.5, 2.6 – 1/07/2016

-

Determination 2016/09: Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

8/08/2016

F2016L01269

Cl 2.7, 2.9, 2.10 – 1/07/2016

Cl 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.8, 2.11 – 9/08/2016

-

Determination 2016/12: Remuneration and Allowances for Holders of Public Office

29/11/2016

F2016L01826

Cl 2.4, 2.5, 2.6, 2.7 – 20/10/2016

Cl 2.9 – 31/10/2016

Cl 2.1, 2.2, 2.3, 2.8, 2.10 – 30/11/2016

--

Notes to Remuneration Tribunal Determination 2015/20:

Remuneration and Allowances for Holders of Part-Time Public Office

Table of Amendments

ad = added or inserted     am = amended       LIA = Legislative Instruments Act 2003      rep = repealed     rs = repealed and substituted

Provision affected How affected
Part 1
Clause 1.2 rep LIA s 48D
Clause 1.3 rep LIA s 48C
Schedule A
Table A am 2016/01, am 2016/02, am 2016/03, am 2016/05, am 2016/09, am 2016/12
Sub-clause A6 am 2016/01
Sub-clause A7 am 2016/05, am 2016/12
Sub-clause A8 am 2016/12
Sub-clause A9 am 2016/01
Sub–clause A10 am 2016/03
Sub-clause A12 am 2016/01, rs 2016/02
Sub-clause A14 ad 2016/09
Schedule B
Table B3 am 2016/01, am 2016/02, am 2016/03, am 2016/05, am 2016/09, am 2016/12
Sub-clause B3.17 am 2016/01
Sub-clause B3.18 am 2016/01, rep 2016/02, ad 2016/05
Table B4 am 2016/01
Schedule D
Table D am 2016/03
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