Remuneration Tribunal Determination 2016/18: Remuneration and Allowances for Holders of Part-Time Public Office (Cth)

Determination 2016/18:

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 26 May 2017 and incorporating amending determinations up to and including 2017/04 – Remuneration and Allowances for Holders of Public Office.

Compilation No. 6

This compilation includes retrospective amendments made by F2017L00602.

___________________________________________________________________________

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 - GENERALE

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.Effect of this determination: This Determination takes effect on and from 8 December 2016 except where specified otherwise.  It supersedes and revokes in full Determination 2015/20 (as amended) Remuneration and Allowances for Holders of Part-Time Public Office.

3.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.

4.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

5.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 8 December 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.

6.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.

6.1.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.

6.2.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.

7.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 8 December 2016:

Chair - $523

Member - $393

7.1.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

8.Official Travel Determination: Determination 2016/07: Official Travel by Office Holders (or any Determination that supersedes Determination 2016/07), applies to offices covered by this Determination, subject to any exclusions or limitations in this Determination.

8.1.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 2016/07 (or any Determination that supersedes Determination 2016/07), at the Travel Tier rate specified in the relevant Schedule for that office.

8.2.Travel tier for offices not specified: An office holder whose fee has been determined under Clause 8 is entitled to travelling allowance under Determination 2016/07 at the Travel Tier 2 rate (or any Determination that supersedes Determination 2016/07).   

SCHEDULE A - ANNUAL FEES

9.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.

10.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.

10.1.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

11.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 8 December 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	156,680	1
Commonwealth Scientific and Industrial Research Organisation	132,680	99,510	66,340	A2	1
National Disability Insurance Scheme Launch Transition Agency	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	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	112,960	56,150	A2, A13	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
Prostheses List Advisory Committee (PLAC) Effective 7 March 2017, refer Det 2017/04	80,950	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	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	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, A14	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 Chair 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 and Science 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	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.
A14	Australian Film Television and Radio School: A member who is appointed Chair of the Academic Board is entitled to receive an additional fee of $11,500 per annum, effective from 30 January 2017.  The Chair of the Australian Film Television and Radio School is not entitled to this additional fee.

SCHEDULE B - DAILY FEES

12.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.

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

13.1.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.

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

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

14.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.

14.1.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

15.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 8 December 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 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
Member, Registration and Disciplinary Committees (Corporate Insolvency Practitioners) Effective 1 March 2017, refer Det 2017/03	1,129	1
Australian Medical Research Advisory Board	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	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
Australian Organ and Tissue Donation and Transplantation Authority – Vigilance and Surveillance Expert Advisory Committee Effective 1 March 2017, refer Det 2017/03	1,098	824	1
Defence Honours and Awards Appeals Tribunal	1,098	824	2
Emissions Reduction Assurance Committee	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
Professional Committees listed in Table B4	1,098	824	1
Repatriation Medical Authority	1,098	989	B3.4	1
Scientific Advisory Group (Biosecurity) Effective 13 February 2017, refer Det 2017/01	1,098	989	2
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
Trans-Tasman IP Attorneys Board Effective 24 February 2017, refer Det 2017/03	1,098	824	2
Trans-Tasman IP Attorneys Disciplinary Tribunal Effective 24 February 2017, refer Det 2017/03	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
Ambassador for Women and Girls Effective 13 February 2017, refer Det 2701/01	941	2
Special Envoy for Human Rights Effective 13 February 2017, refer Det 2701/01	941	2
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
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
National Health and Medical Research Council (NHMRC) – Commissioner of Complaints	628	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	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, Associate Commissioner	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	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

Advisory Committee on Medicines Scheduling

Advisory Committee on Vaccines

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

Independent Hospital Pricing Authority Clinical Advisory Committee

Medicare Participation Review Committees

National Pathology Accreditation Advisory Council

Pharmaceutical Services Committee of Inquiry   

SCHEDULE C - ANNUAL MEETING AND ADDITIONAL DAILY FEES

16.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.

17.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.

17.1.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.

18.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.

18.1.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.

18.2.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.

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

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

18.5.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

19.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 8 December 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     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

20.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.

21.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.

21.1.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.

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

22.1.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.

22.2.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.

22.3.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

23.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 8 December 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
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

Deleted

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

24.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

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

25.1.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.

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

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

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

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

26.2.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).

27.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

28.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.

28.1.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

29.Office holders are entitled to Tier 2 travel.

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

30.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 8 December 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 2016/18:

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 2016/18 – Remuneration and Allowances for Holders of Part-Time Public Office	7/12/2016 F2016L01879	8/12/2016	-
Determination 2017/01: Remuneration and Allowances for Holders of Public Office	23/02/2017 F2017L00151	Cl 2.5, 2.6 – 1/01/2017 Cl 2.8,  2.10  - 13/02/2017 Cl 2.1, 2.2, 2.3, 2.4, 2.7, 2.9, 2.11 -  24/02/2017	-
Determination 2017/03: Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices	12/04/2017 F2017L00416	Cl 2.2, 2.3 – 24/02/2017 Cl 2.7, 2.9, 2.11 – 1/03/2017 Cl 2.1, 2.4, 2.5, 2.6, 2.8, 2.10, 2.12 – 13/04/2017	-
Determination 2017/04: Remuneration and Allowances for Holders of Public Office	26/05/2017 F2017L00602	Cl 2.2, 2.3 – 7/03/2017 Cl 2.1.2.4 – 27/05/2017	-

Notes to Remuneration Tribunal Determination 2016/18:

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
Table A	am 2017/03, am 2017/04
Clause A14	ad 2017/03
Schedule B
Table B3	am 2017/01, am 2017/03
Table B4	am 2017/01
Table C2	rep 2017/04
Table D	am 2017/01
Clause D.2	am 2017/01