Determination 2017/17: Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

Administered by Department of the Prime Minister and Cabinet

Legislation au F2017L01108 Not in force Legislative Instrument

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Explanatory Statement: Determination 2017/17:

Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

  1. The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as an independent statutory authority responsible for reporting on and determining the remuneration, allowances and expenses of key Commonwealth office holders.  These include members of parliament, Judges of Federal Courts, most full-time and part-time holders of public offices and principal executive offices.

Consultation

2.     Section 11 of the Act advises that in the performance of its functions the Tribunal:

  • may inform itself in such manner as it thinks fit;
  • may receive written or oral statements;
  • is not required to conduct any proceeding in a formal manner; and
  • is not bound by the rules of evidence.

3.     The Tribunal normally receives submissions on remuneration from a portfolio minister, or a secretary, program manager or employing body (in respect of a principal executive office) with responsibility for the relevant office(s).  The Tribunal will normally seek the views of the relevant Portfolio Minister prior to determining remuneration for an office.

4.     The Tribunal may reach a decision based on the information provided in the submission and other publicly available information such as portfolio budget statements, annual reports, corporate plans, legislation and media releases.  On occasion it may wish to meet with relevant parties or seek further information from the relevant minister or person making the submission.

5.     Amongst other relevant matters in deliberating on appropriate remuneration for an office the Tribunal informs itself on:

  • the main functions, responsibilities and accountabilities of the office;
  • the organisational structure, budget and workforce;
  • the requisite characteristics, skills or qualifications required of the office holder(s); and
  • the remuneration of similar, comparator, offices within its jurisdiction. 

National Capital Authority, Chief Executive  

6.     The amendments remove all reference to the person specific remuneration provisions applying to the office of Chief Executive, which ceased to apply from 28 August 2017. The Tribunal received confirmation from the Authority of the office holder’s resignation from this date.

National Disability Insurance Scheme Launch Transition Agency, Chief Executive Officer

7.     The Tribunal received a submission from the Minister for Social Services, the Hon Christian Porter MP, seeking personal remuneration for Mr Roberto De Luca.

eSafety Commissioner

8.     The Tribunal received advice from the Office of the eSafety Commissioner that the Enhancing Online Safety for Children Amendment Act 2017 renamed the title of the ‘Children’s eSafety Commissioner’ to the ‘eSafety Commissioner’.  

Foreign Investment Review Board, Member

9.     The Tribunal received a request from the Secretary of the Treasury, Mr John Fraser, seeking a person specific member fee for the Hon Cheryl Edwardes AM, as a former member of state parliament in receipt of a superannuation pension.

Western Sydney Airport Corporation Limited (WSA Co), Chair, Deputy Chair and Directors

10. The Tribunal decided indicative remuneration for this office in May 2017 following a submission from the Minister for Finance, Senator the Hon Mathias Cormann, and the Minister for Urban Infrastructure, Hon Paul Fletcher MP. The Tribunal received confirmation from the Secretary, Department of Infrastructure and Regional Development, Mr Mike Mrdak AO that WSA Co was formally incorporated on 7 August 2017.  

Judicial and Related Offices – Clause 3.2

11. There was no consultation on this matter as this is part of the Tribunal’s Annual Travel Allowance (TA) review, based on rates set by the Australian Taxation Office (Taxation Determination 2017/19: Income tax: what are the reasonable travel and overtime meal allowance expense amounts for the 2017-18 income year?). The adjustment increases the Canberra allowance for the Chief Justice and Justices of the High Court of Australia who do not establish their place of residence in Canberra.  The Canberra allowance is in lieu of the TA that would otherwise be payable.

Retrospectivity 

12. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislation Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.

The power to repeal, rescind and revoke, amend and vary

13. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Details of the determination are as follows:

PART 1 – FULL-TIME OFFICES

14. Clause 1.1 specifies the Principal Determination (Number 11 of 2017 as amended) for the purposes of Part 1 of the Determination.

15. Clauses 1.2 and 1.3 remove all references to person specific remuneration for the Chief Executive, National Capital Authority, following the office holder’s resignation. 

16. Clauses 1.4 and 1.5 set person specific remuneration for the incoming Chief Executive Officer, National Disability Insurance Scheme Launch Transition Agency, Mr Roberto DeLuca for the initial term of his appointment.

17. Clause 1.6 sets the commencement date of Clause 1.5.

18. Clause 1.7 changes the name of the “Children’s eSafety Commissioner” to the “eSafety Commissioner” consistent with the Enhancing Online Safety for Children Amendment Act 2017.  

PART 2 – PART-TIME OFFICES

19. Clause 2.1 specifies the Principal Determination (Number 10 of 2017 as amended) for the purposes of Part 2 of the Determination.

20. Clauses 2.2 and 2.3 set person specific remuneration for the incoming Member of the Foreign Investment Review Board, the Hon Cheryl Edwardes AM.

21. Clause 2.4 sets the commencement date of Clause 2.3.

22. Clause 2.5 sets remuneration for the new offices of Chair, Deputy Chair and Directors of the Western Sydney Airport Corporation Limited (WSA Co). 

23. Clause 2.6 sets the commencement date of Clause 2.5.

PART 3 – JUDICIAL AND RELATED OFFICES

24. Clause 3.1 specifies the Principal Determination (Number 09 of 2017 as amended) for the purposes of Part 3 of the Determination.

25. Clause 3.2 increases the Canberra allowance for the Chief Justice and Justices of the High Court of Australia who do not establish their place of residence in Canberra.  This is in lieu of the TA that would otherwise be payable.

26. Clause 3.3 sets the commencement date of Clause 3.2.

 

 

Authority: Subsections 7(3) and 7(4)

 Remuneration Tribunal Act 1973

Overview

The Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices Determination 2017 was enacted to ensure that key Commonwealth office holders receive appropriate remuneration that reflects their responsibilities and contributions. This determination was introduced to address the need for consistent and transparent remuneration practices for public officials. The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, is an independent statutory authority responsible for this task. The policy objective of this determination is to provide fair and competitive remuneration for public office holders, ensuring that their compensation aligns with their roles and responsibilities, and reflects broader economic and social factors. The determination provides for remuneration adjustments for various public office holders, including the Chief Executive Officer of the National Disability Insurance Scheme Launch Transition Agency, the eSafety Commissioner, members of the Foreign Investment Review Board, and directors of the Western Sydney Airport Corporation Limited. Additionally, it adjusts the Canberra allowance for the Chief Justice and Justices of the High Court of Australia who do not reside in Canberra, reflecting changes in travel and accommodation expenses.

Scope and Application

The Remuneration Tribunal Act 1973 (the Act) applies to a range of Commonwealth office holders, including members of parliament, Federal Court judges, and holders of public and principal executive offices. The Act establishes the Remuneration Tribunal as an independent statutory authority responsible for determining the remuneration, allowances, and expenses of these office holders. The Tribunal consults with relevant ministers and officials, examining factors such as the main functions, responsibilities, and accountabilities of the office, the organisational structure, budget and workforce, requisite characteristics, skills, and qualifications required of the office holder, and the remuneration of similar offices. The Act has a national jurisdictional reach, as it applies to Commonwealth office holders across Australia. The Act does not specify any exclusions or thresholds, and the application of the Act may be extended or restricted through subordinate instruments such as determinations and regulations. For example, the Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices Determination 2017/17 amends the principal determinations for various offices, including the Chief Executive of the National Disability Insurance Scheme Launch Transition Agency, the eSafety Commissioner, and the Member of the Foreign Investment Review Board. The determination also sets the remuneration for the new offices of Chair, Deputy Chair, and Directors of the Western Sydney Airport Corporation Limited. Additionally, the determination increases the Canberra allowance for the Chief Justice and Justices of the High Court of Australia who do not establish their place of residence in Canberra. Any retrospective application of the determination is in accordance with the Legislation Act 2003, ensuring that it does not affect the rights of a person to their disadvantage or impose any liability on such a person.

Key Provisions

The Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices Determination 2017/17 outlines various provisions related to the remuneration and allowances for key Commonwealth office holders, as established under the Remuneration Tribunal Act 1973 (the Act). Section 11 (2) of the Act provides the Tribunal with broad discretion in conducting its functions, allowing it to gather information in any manner it sees fit, including receiving written or oral statements, without the need to adhere to formal proceedings or rules of evidence. This flexibility is intended to ensure the Tribunal can effectively assess and determine appropriate remuneration for various offices. The Act imposes specific obligations on the Tribunal to consider several factors when determining remuneration, such as the functions, responsibilities, and accountabilities of the office, the organisational structure and budget, the required characteristics and skills of the officeholder, and the remuneration of comparable offices. The Tribunal must also consult with relevant ministers or bodies, like the Portfolio Minister, and may seek further information or meetings with relevant parties as needed. Additionally, the Tribunal must take into account submissions from responsible officials, such as the Minister for Social Services or the Secretary of the Treasury, when determining person-specific remuneration. Breaches of the obligations and requirements set out in the Act or the Determination could lead to various consequences. While the specific penalties are not detailed in the provided text, breaches of statutory requirements under Australian law can generally result in civil or criminal penalties, depending on the nature of the offence. Civil penalties could include fines, while criminal penalties might involve imprisonment or both fines and imprisonment. The maximum penalties would be determined by the specific provisions of the legislation under which the offence is charged. For instance, under the Acts Interpretation Act 1901, the power to make legislative instruments includes the power to repeal, rescind, revoke, amend, or vary such instruments. This broad power allows for the dynamic adjustment of remuneration and allowances as necessary, ensuring they remain fair and reflective of the current economic and social conditions. The Tribunal’s decisions are also subject to the Legislation Act 2003, which governs the retrospective application of laws, ensuring that such applications do not adversely affect individuals’ rights or impose new liabilities on them. In summary, the Determination provides clear guidelines on how the Tribunal should approach its functions, the factors it must consider, and the processes it should follow in determining remuneration and allowances. It also sets out the legal framework within which these determinations are made, ensuring that the process is transparent, fair, and in compliance with relevant legislation.

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Area of Law
Public Sector Remuneration
Instrument
Regulation
Concepts
Definitions & Interpretation
Person Specific Remuneration
Commencement Provisions
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.