Determination 2017/20: Remuneration and Allowances for Holders of Public Office

Administered by Department of the Prime Minister and Cabinet

Legislation au F2017L01410 Not in force Legislative Instrument

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Explanatory Statement: Determination 2017/20:

Remuneration and Allowances for Holders of Public Office

  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 including Specified Statutory 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 Health and Medical Research Council (NHMRC) Chief Executive Officer

6.     The Tribunal received a submission from the Minister for Health, the Hon Greg Hunt MP, seeking a review of remuneration for the office of Chief Executive Officer (CEO), National Health and Medical Research Council, in conjunction with revocation of the Principal Executive Office (PEO) status of that office.


Veterans’ Review Board (VRB), Principal Member, Part-time Senior Member and Member

7.     The Tribunal received a letter from the Minister for Veterans’ Affairs, the Hon Dan Tehan MP, along with a submission from the Principal Member, Veterans’ Review Board, seeking a review of the remuneration for the full-time office of Principal Member, and the part-time offices of the Senior Member and Member of the Veterans’ Review Board.  The submission provided updated information on the functions and responsibilities of the offices. 

Merit Protection Commissioner (MPC)

8.     The Tribunal received a submission from the Minister Assisting the Prime Minister for the Public Service, Senator the Hon Michaelia Cash, seeking a review of remuneration for the office of Merit Protection Commissioner.  The submission provided updated information on the functions and responsibilities of the office.   

Aboriginal Hostels Limited (AHL) Chief Executive Officer

9.     The Tribunal received a submission from the Chairperson, Dr Susan Gordon AM, seeking consideration of accommodation allowance and reunion fares for the office holder.  The submission provided information on the officer holder’s circumstances, consistent with the Tribunal’s Guidelines on Geographic Relocation of Full-time Office Holders (Geographic Relocation Guidelines).  

Administrator, Christmas and Cocos (Keeling) Islands

10. The Tribunal received a submission from the Minister for Regional Development, Senator the Hon Fiona Nash, seeking consideration of accommodation allowance and reunion fares for the office holder.  The submission provided information on the officer holder’s circumstances, consistent with the Tribunal’s Guidelines on Geographic Relocation of Full-time Office Holders (Geographic Relocation Guidelines).  

WSA Co Limited, Board

11. The Tribunal received a request from the Department of Finance to amend the reference to ‘Western Sydney Airport Corporation Limited (WSA Co)’, to ‘WSA Co Limited’ which is the correct name of the corporation.

Indigenous Business Australia (IBA), Finance, Investment and Performance Committee

12. The Tribunal received a submission from the Chair, Indigenous Business Australia, Mr Eddie Fry, seeking additional fees for members of the Board of IBA who are members of the Board’s Finance, Investment and Performance Committee.  The submission provided information on the functions and responsibilities of the
sub-committee and the commitment required of the Chair and Members.

Education Investment Fund Advisory Board

13. The Tribunal received a request from the Department of Education and Training to remove the offices of Chair and Member, Education and Investment Fund  Advisory Board, as the Education and Investment Fund program is no longer in operation.

Retrospectivity 

14. 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

15. 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

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

17. Clause 1.2 sets remuneration for the office of Chief Executive Officer, National Health and Medical Research Council.

18. Clause 1.3 sets the commencement date of clause 1.2.

19. Clause 1.4 sets increased remuneration for the office of Principal Member, Veterans’ Review Board.

20. Clause 1.5 sets reduced remuneration for the office of Merit Protection Commissioner.

21. Clause 1.6 sets person specific remuneration for the current Merit Protection Commissioner, Ms Annwyn Godwin, for the remainder of her current appointment.

22. Clause 1.7 sets the commencement date of Clauses 1.4, 1.5, and 1.6.

23. Clauses 1.8 and 1.9 set accommodation and reunion fare allowances for Mr Tony Usher, Chief Executive Officer, Aboriginal Hostels Limited.

24. Clause 1.10 sets the commencement date of Clauses 1.8 and 1.9.

25. Clause 1.11 sets a reunion fares allowance for Ms Natasha Griggs, the newly appointed Administrator, Christmas and Cocos (Keeling) Islands.

26. Clause 1.12 sets the commencement date of Clause 1.10.

27. Clause 1.13 removes a person specific allowance for Mr Barry Haase, Administrator, Christmas and Cocos (Keeling) Islands, whose term of appointment has ended.

PART 2 – PART-TIME OFFICES

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

29. Clause 2.2 amends an incorrect name for the ‘Western Sydney Airport Corporation Limited (WSA Co)’ and replaces it with the name ‘WSA Co Limited’.

30. Clause 2.3 and 2.4 set additional fees for members of the Board of Indigenous Business Australia who are appointed members of the Finance, Investment and Performance Committee.

31. Clause 2.5 sets the commencement date of Clauses 2.3 and 2.4.

32. Clause 2.6 sets remuneration for the Senior Member and Member, Veterans’ Review Board.  

33. Clause 2.7 sets the commencement date of Clause 2.6.

34. Clause 2.8 removes the offices of Chair and Member of the Education Investment Fund Advisory Board.

 

 

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

 Remuneration Tribunal Act 1973

Overview

The Remuneration and Allowances for Holders of Public Office Determination 2017 (Determination 2017/20) was enacted to provide updated and specific remuneration details for various key Commonwealth office holders, as determined by the Remuneration Tribunal. This Determination was introduced to address the need for timely and accurate remuneration adjustments for public office holders, ensuring their compensation aligns with their roles, responsibilities, and the broader public sector standards. The Remuneration Tribunal Act 1973 empowers the Tribunal to make these determinations, which are subject to the policy objective of maintaining fair and competitive remuneration within the public sector. The Determination encompasses full-time and part-time office holders, including members of Parliament, Judges of Federal Courts, and holders of Specified Statutory Offices and Principal Executive Offices. The Tribunal is mandated to consider various factors such as the office's functions, responsibilities, requisite skills, and comparative remuneration within its jurisdiction when deliberating on appropriate remuneration.

Scope and Application

The Remuneration Tribunal Act 1973 applies to key Commonwealth office holders, including members of Parliament, Judges of Federal Courts, and most full-time and part-time holders of public offices, such as Specified Statutory Offices and Principal Executive Offices. The Tribunal, established as an independent statutory authority under this Act, is tasked with reporting on and determining the remuneration, allowances, and expenses of these office holders. The Act extends its jurisdiction across the Commonwealth of Australia and allows the Tribunal significant flexibility in its proceedings, including the ability to gather information and evidence as it deems necessary, without being bound by formal rules or evidence. Submissions on remuneration are typically made by portfolio ministers, secretaries, program managers, or employing bodies, with the Tribunal often consulting relevant Portfolio Ministers before making its determinations. The Tribunal bases its decisions on a range of publicly available information, including budget statements, annual reports, corporate plans, and media releases, and may occasionally meet with relevant parties to gather further information. The scope of the Act is further extended through subordinate instruments, which may include amendments, variations, or revocations of previous determinations. For example, Determination 2017/20 specifically addresses the remuneration and allowances for various office holders, including the Chief Executive Officer of the National Health and Medical Research Council, members of the Veterans' Review Board, and the Merit Protection Commissioner, among others. Additionally, the Act allows for retrospective applications of determinations that do not adversely affect the rights of individuals, in accordance with the Legislation Act 2003. The Act also provides the authority to repeal, rescind, revoke, amend, or vary any legislative or administrative instruments, as per the Acts Interpretation Act 1901.

Key Provisions

The Determination 2017/20 under the Remuneration Tribunal Act 1973 primarily focuses on setting or adjusting the remuneration, allowances, and expenses for various Commonwealth office holders. This includes full-time positions such as the Chief Executive Officer of the National Health and Medical Research Council (section 1.2) and part-time positions such as the Senior Member and Member of the Veterans' Review Board (section 2.6). For specific individuals, it also establishes person-specific remuneration, such as for the Merit Protection Commissioner, Ms Annwyn Godwin (section 1.6), and provides allowances such as accommodation and reunion fares for Chief Executive Officers of Aboriginal Hostels Limited and the Administrator of Christmas and Cocos (Keeling) Islands (sections 1.8, 1.9, 1.10, and 1.11). The Determination also addresses the remuneration for members of the Board of Indigenous Business Australia who serve on the Finance, Investment and Performance Committee (section 2.3 and 2.4). The Act imposes several obligations on the Remuneration Tribunal, including the duty to consider submissions from relevant ministers or office holders and to base its decisions on a range of factors such as the functions, responsibilities, and requisite skills of the office, as well as the remuneration of comparable offices (section 11). The Tribunal must also take into account publicly available information, and it may seek further information or meet with relevant parties as necessary. Additionally, the Tribunal is tasked with ensuring that its decisions comply with the Guidelines on Geographic Relocation of Full-time Office Holders when considering allowances related to relocation (section 1.8, 1.9, 1.10, and 1.11). Breaching the provisions of this Determination can result in various legal consequences. While the explanatory statement does not explicitly detail specific offences or penalties, it is clear that the Tribunal's determinations are legally binding and enforceable. Any failure to comply with the set remuneration or allowances could be subject to review or challenge under relevant laws governing public office remuneration. The Determination itself, however, does not outline specific penalties for non-compliance, suggesting that such consequences would be determined by the broader legislative framework within which the Tribunal operates.

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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.