Determination 2013/22:
Departmental Secretaries - Classification Structure and Terms and Conditions
Made under Part II, Division 4 of the Remuneration Tribunal Act 1973
This Determination, amongst other matters:
- assigns each office of Secretary to a classification; and
- amends clauses 2.8 and 2.9 to clarify their application and operation.
PART 1 - GENERAL
Authority
1.1 This Determination is issued pursuant to Division 4 of Part II of the Remuneration Tribunal Act 1973.
Date of Effect
1.2 This Determination takes effect on and from 18 September 2013.
PART 2 - SECRETARIES
2.1 In this part, Determination Number 14 of 2013 is referred to as the Principal Determination.
2.2 Table 2B of Part 2 of the Principal Determination is amended by replacing the table in its entirety with the following table:
Table 2B – Classification of Offices of Secretary
Level | Departments |
Level 1A | Prime Minister and Cabinet |
Level 1B | Treasury |
Level 1 | Defence; Finance; Foreign Affairs and Trade; Health; Human Services; Industry; Social Services |
Level 2 | Agriculture; Attorney-General’s; Communications; Education; Employment; Environment; Immigration and Border Protection; Infrastructure and Regional Development; Veterans' Affairs |
2.3 Clause 2.4 of Part 2 of the Principal Determination is amended by replacing the reference to “clauses 2.7 to 2.9” with “clause 2.7, subclauses 2.8(1) and 2.8(2) and subclauses 2.9(1) and 2.9(2)”.
2.4 Clause 2.7 of Part 2 of the Principal Determination is amended by replacing the reference to “clause 2.9” with “subclause 2.9(1) or subclause 2.9(2)”.
2.5 Clause 2.8 of Part 2 of the Principal Determination is amended by renumbering the existing clause 2.8 as subclause 2.8(1), adding the words “from time to time” after the word “specified” and by adding below it the following subclause:
“2.8(2) If during the period of a person’s appointment to an office of Secretary the pay point which applies to that office is lowered, the person is entitled, until that period of appointment ends, to the Total Remuneration specified from time to time for the pay point that would have applied to him or her if the pay point had not been lowered.”
2.6 Clause 2.9 of Part 2 of the Principal Determination is amended by renumbering the existing clause 2.9 as subclause 2.9(1), replacing the current reference to “clause 2.8” with “subclause 2.8(1)”, replacing the current reference to the “Public Service Commissioner” with “Australian Public Service Commissioner” and by adding below it the following subclause:
“2.9(2) This subclause applies if, upon the end of the appointment (the ‘previous appointment’) of a person referred to in subclause 2.8(2), that person is appointed to another office of Secretary or reappointed to the same office of Secretary (the ‘current appointment’). If, where this subclause applies, the Secretary of PM&C, after consultation with the President of the Tribunal and the Australian Public Service Commissioner, is satisfied that it is appropriate for the remuneration of the Secretary in respect of the current appointment to be at a higher level than would otherwise apply through the application of clause 2.7, a Pay Point Assignment may assign the person to a pay point not higher than the one that applied to the person immediately before the end of the previous appointment.”
Signed this 15 day of October 2013.
Signed Signed | Signed Signed | Signed Signed |
John C Conde AO PRESIDENT | John B Prescott AC MEMBER | Jillian Segal AM MEMBER |
Overview
The Determination 2013/22, issued under Part II, Division 4 of the Remuneration Tribunal Act 1973, was enacted to refine the classification structure and terms and conditions for departmental secretaries. This piece of legislation was introduced to address the need for a clear and updated classification system for the offices of Secretary, ensuring that remuneration is appropriately aligned with the responsibilities and significance of each office. The enactment body is the Remuneration Tribunal, which aims to maintain fair and competitive remuneration practices within the Australian Public Service. This Determination provides a structured classification for offices of Secretary, ensuring that remuneration reflects the level of responsibility and the specific department's needs. The policy objective is to maintain an effective and equitable remuneration framework that supports the efficient functioning of government departments.
Scope and Application
This Determination, issued under Part II, Division 4 of the Remuneration Tribunal Act 1973, specifies the classification of various offices of Secretary within the Australian government. Effective from 18 September 2013, the Determination assigns each office of Secretary to a specific classification level, ranging from Level 1A for the Prime Minister and Cabinet to Level 2 for several other departments. The amendments clarify the application and operation of clauses 2.8 and 2.9, particularly in relation to changes in pay points during a Secretary's term of appointment and in instances where a Secretary transitions between offices or is reappointed. Additionally, the Determination provides that the remuneration of a Secretary in their new or continued appointment may be adjusted if deemed appropriate by the Secretary of the Prime Minister and Cabinet, following consultation with the President of the Tribunal and the Australian Public Service Commissioner. The Determination ensures that any adjustments are made within the bounds of existing pay points, thereby maintaining the integrity of the remuneration framework for these high-level positions.
Key Provisions
The key operative sections of this Determination (2013/22) pertain to the classification of offices of Secretary within Australian Government departments, and amendments to certain clauses in the Principal Determination. Under section 2.2, the offices of Secretary are assigned to specific classification levels, such as Level 1A for the Prime Minister and Cabinet, and Level 1B for Treasury, and so forth. Section 2.8(2) specifies that if the pay point applicable to a Secretary's office is lowered during their appointment, they are entitled to the total remuneration for the previous pay point until their appointment ends. Furthermore, section 2.9(2) allows for the possibility of a higher pay point assignment for a Secretary if they are appointed to another office or reappointed, provided certain conditions are met and after consultation with relevant authorities.
The Act imposes specific obligations and requirements on the parties it governs. These include the assignment of Secretary offices to specific classification levels, as outlined in the amended Table 2B. The Secretary of the Department of Prime Minister and Cabinet, in consultation with the President of the Remuneration Tribunal and the Australian Public Service Commissioner, must determine whether a higher pay point assignment is appropriate for a Secretary transitioning to another office or being reappointed to the same office. Additionally, the Act mandates that if the pay point applicable to a Secretary's office is lowered during their tenure, they are entitled to the total remuneration for the previous pay point until their appointment concludes.
Breach of the provisions outlined in this Determination may result in civil consequences for the parties involved. Specifically, if the entitlements specified in section 2.8(2) are not honoured, the affected Secretary may seek redress through the appropriate channels, potentially leading to claims for unpaid remuneration. Similarly, if the obligations in section 2.9(2) are not met, and a Secretary is not appropriately assigned a higher pay point under the stipulated conditions, this could also lead to disputes and claims. However, the Determination does not explicitly outline specific penalties or maximum penalties for breach of its provisions. It is likely that any resulting legal actions would be pursued within the framework of the Remuneration Tribunal Act 1973 or other relevant legislation.