Explanatory Statement: Determination 2018/05:
Remuneration and Allowances for Holders of Public Office
- 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 Judges of Federal Courts and most full-time and part-time holders of public offices, including Specified Statutory Offices. An additional function of the Tribunal is to determine a classification structure for Principal Executive Offices and the terms and conditions applicable to each classification within the structure.
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.
Deputy Electoral Commissioner, Australian Electoral Officers for New South Wales, Victoria, Queensland, Western Australia, South Australia, Northern Territory and Tasmania
6. The Tribunal decided indicative remuneration for these offices in February 2018, following a submission from the Special Minister of State, the Hon Mathias Cormann MP. Minister Cormann wrote to the Tribunal and to the Minister Assisting the Prime Minister for the Public Service, the Hon Kelly O’Dwyer MP, requesting the revocation of the declaration of these offices as Principal Executive Offices (PEO), and transition to the Tribunal’s Full-time Office determinative jurisdiction.
Infrastructure Australia, Chief Executive Officer (CEO)
7. The Tribunal consulted with the Minister for Urban Infrastructure (now Minister for Urban Infrastructure and Cities), the Hon Paul Fletcher MP, on this matter. Advice from the Department of Infrastructure, Regional Development and Cities was received confirming the reappointment of Mr Philip Davies to the office of CEO until April 2023.
Retrospectivity
8. 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
9. 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
10. Clause 1.1 specifies the Principal Determination (Number 11 of 2017 as amended) for the purposes of Part 1 of the Determination.
11. Clauses 1.2 to 1.6 set remuneration for the Deputy Electoral Commissioner, and the Australian Electoral Officers for each State.
12. Clause 1.7 sets person specific remuneration for the current Australian Electoral Officer for Queensland, Mr Thomas Ryan, for the term of his appointment.
13. Clause 1.8 amends the date of the expiration of the additional fixed loading of $75,000 for the Chief Executive Officer, Infrastructure Australia, Mr Philip Davies, on his reappointment to the office.
Authority: Subsections 7(3) and 7(4)
Remuneration Tribunal Act 1973
Overview
The Remuneration and Allowances for Holders of Public Office Determination 2018 was enacted to provide updated remuneration and allowance determinations for specific public offices under the Remuneration Tribunal Act 1973. This Act, established by the Australian Parliament, addresses the need for an independent body to determine the remuneration, allowances and expenses for key Commonwealth office holders, ensuring that these are fair and appropriate in relation to the responsibilities and accountabilities of the roles. The Determination 2018/05 updates the remuneration for Deputy Electoral Commissioner and Australian Electoral Officers for various states, as well as for the Chief Executive Officer of Infrastructure Australia, reflecting the current roles and market conditions. This determination aligns with the policy objective of the Remuneration Tribunal Act 1973 to maintain an independent and transparent process for determining public office remuneration.
Scope and Application
The Remuneration Tribunal Act 1973 applies to key Commonwealth office holders, including Judges of Federal Courts and most full-time and part-time holders of public offices, such as Specified Statutory Offices. The Act establishes the Remuneration Tribunal as an independent statutory authority tasked with reporting on and determining the remuneration, allowances, and expenses of these office holders. Additionally, the Tribunal determines the classification structure for Principal Executive Offices and the terms and conditions applicable to each classification. The Tribunal’s jurisdiction extends to making determinations on the remuneration and allowances of individuals such as the Deputy Electoral Commissioner and Australian Electoral Officers for each state, as well as the Chief Executive Officer of Infrastructure Australia. The Tribunal’s decisions are based on submissions from relevant ministers or employing bodies, and it may consult with other stakeholders and review publicly available information to inform its determinations. The Act also allows for the Tribunal to make retrospective determinations without adversely affecting the rights of individuals, in accordance with the Legislation Act 2003. Furthermore, the Tribunal has the authority to repeal, rescind, revoke, amend, or vary any instrument under the Acts Interpretation Act 1901, providing flexibility in its administrative and legislative functions.
Key Provisions
The main operative sections of the Remuneration and Allowances for Holders of Public Office Determination 2018/05, as established under the Remuneration Tribunal Act 1973, are primarily concerned with the remuneration, allowances, and expenses of key Commonwealth office holders, including Judges of Federal Courts and most full-time and part-time holders of public offices, including Specified Statutory Offices. Section 11 of the Act (2) outlines the Tribunal’s procedural flexibility, allowing it to gather information through various means, such as written or oral statements, without being constrained by formal procedures or rules of evidence. Clauses 1.1 to 1.8 of the Determination specify the remuneration for various offices, including the Deputy Electoral Commissioner, Australian Electoral Officers for each State, and the Chief Executive Officer of Infrastructure Australia, as well as providing person-specific remuneration for certain office holders.
The Remuneration Tribunal Act 1973 imposes certain obligations on the Remuneration Tribunal, including the requirement to inform itself on the main functions, responsibilities, and accountabilities of the office, the organisational structure, budget, and workforce, as well as the requisite characteristics, skills, or qualifications required of the office holder. The Act also mandates that the Tribunal seeks views from the relevant Portfolio Minister before determining remuneration for an office. Furthermore, the Tribunal must consider the remuneration of similar, comparator offices within its jurisdiction and may rely on publicly available information such as portfolio budget statements, annual reports, corporate plans, legislation, and media releases. In some instances, the Tribunal may meet with relevant parties or seek further information from the relevant minister or person making the submission.
Breaches of the Remuneration Tribunal Act 1973 and the associated Determination could lead to various consequences, although specific offences and penalties are not detailed within the text provided. Generally, non-compliance with statutory obligations could result in civil or administrative penalties as prescribed by other relevant legislation. The Determination itself notes that any retrospective application 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, in accordance with subsection 12(2) of the Legislation Act 2003. The Act also includes provisions for the repeal, rescission, revocation, amendment, or variation of the Determination, as outlined in subsection 33(3) of the Acts Interpretation Act 1901.