Remuneration Tribunal Amendment Determination (No. 1) 2018

Administered by Department of the Prime Minister and Cabinet

Legislation au F2018L01258 Not in force Legislative Instrument

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Explanatory Statement: Remuneration Tribunal Amendment Determination (No. 1) 2018

  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 entitlements 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.

Australian Signals Directorate, Director-General

6.       The Tribunal received a submission in June 2018 from Senator the Hon Marise Payne, former Minister for Defence, seeking a determination of remuneration for the office of the Director-General, Australian Signals Directorate.  The submission provided detailed information about the role and responsibilities of this new office.

Digital Transformation Agency, Chief Executive Officer

7.       There was no consultation on this matter as the amendments remove the person specific provisions for Mr Gavin Slater whose appointment as the Chief Executive Officer ceased in June 2018.

National Housing Finance and Investment Corporation, Chief Executive Officer and Board

8.       The Tribunal decided indicative remuneration for these offices in February 2018 after receiving a comprehensive submission from the Hon Scott Morrison MP, in his former capacity as Treasurer.  A further submission from the former Treasurer was received in July 2018 providing updated information on the role of the Chief Executive Officer and requesting the determination of remuneration for all offices of this new Corporation.

Fair Work Ombudsman

9.       On receipt of advice in May 2018 from Senator the Hon Michaelia Cash, former Minister for Jobs and Innovation, the Tribunal determined a person specific superannuation salary for the recently appointed Fair Work Ombudsman, Ms Sandra Parker PSM, maintaining her superannuation salary arrangements consistent with the requirements of the Public Sector Superannuation Scheme.  

Administrative Appeals Tribunal (former senior member, Social Security Appeals Tribunal)

10.  The Tribunal received advice from the Administrative Appeals Tribunal (AAT) in June 2018 that the office of AAT (former senior member of the Social Security Appeals Tribunal) would be vacated from August 2018 and that there would be no further appointments to the office.  The amendments remove all entries relating to this office.  

Export Finance and Insurance Corporation, Board Members

11.  The Tribunal received a submission in May 2018 from the Hon Steven Ciobo MP, former Minister for Trade, Tourism and Investment, seeking a review of remuneration for the offices of Chair, Deputy Chair and Member of the Export Finance and Insurance Corporation. The submission provided updated information on the roles and responsibilities of these offices.

Australian Technical Advisory Group on Immunisation, Co-Chairs

12.  The Tribunal received a submission in July 2018 from the Hon Greg Hunt MP, Minister for Health, seeking revised remuneration arrangements for the part-time office of Chair of the Australian Technical Advisory Group on Immunisation. The Minister advised that the responsibilities of Chair are to be shared by two office holders on a Co-Chair basis and requested that the current remuneration for the office be shared equally between the Co-Chairs.

Australian National Preventative Health Agency Advisory Council

13.  The Tribunal received advice from the Department of Health in July 2018 that the Australian National Preventative Health Agency Advisory Council has been abolished.  The amendments remove all entries for the offices of this Council.

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:

16.  Section 1 specifies the name of the instrument.

17.  Section 2 specifies when the instrument commences.

18.  Section 3 specifies the authority for the instrument.

19.  Section 4 outlines the effect of instruments specified in a Schedule to the instrument.

20.  Schedule 1 sets out the amendments made to the instruments specified in Schedule 1.

SCHEDULE 1 – AMENDMENTS

Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2018

21.  Item 1 inserts a definition of Table 22A (application and transitional provisions).

22.  Item 2 sets remuneration and the travel tier for the office of the Director-General, Australian Signals Directorate.

23.  Item 3 removes the reference to a special provision that applied to the former Chief Executive Officer, Digital Transformation Agency.

24.  Item 4 sets remuneration and the travel tier for the office of the Chief Executive Officer, National Housing Finance and Investment Corporation.

25.  Item 5 removes the entry for the office of the AAT (former senior member, Social Security Appeals Tribunal).

26.  Item 6 removes the remuneration loading that applied to the former Chief Executive Officer, Digital Transformation Agency.

27.  Item 7 removes the special provisions that applied to the office of AAT (former senior member, Social Security Appeals Tribunal).

28.  Item 8 sets a person specific superannuation salary for Ms Sandra Parker, Fair Work Ombudsman.

29.  Item 9 removes the accommodation assistance provision for the former Chief Executive Officer, Digital Transformation Agency.

30.  Item 10 removes the reunion travel assistance provision for the former Chief Executive Officer, Digital Transformation Agency.

31.  Item 11 inserts Part 6─Application and transitional provisions including section 22 which states the purpose of Table 22A.  Table 22A is inserted.  The table sets the commencement dates for the matters specified in Items 1, 4 and 8 of the instrument.

Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2018

32.  Item 12 inserts a definition of Table 8A (application and transitional provisions).

33.  Item 13 sets new remuneration for the offices of Chair, Deputy Chair and Member of the Export Finance and Insurance Corporation.   

34.  Item 14 removes the entry specifying the remuneration applying to the offices of the Export Finance and Insurance Corporation immediately before the commencement of Item 13.

35.  Item 15 sets remuneration and the travel tier for the offices of Chair and Member of the National Housing Finance and Investment Corporation and audit committee fees.

36.  Item 16 inserts a reference to a special provision applying to Co-Chair arrangements for the office of Chair of the Australian Technical Advisory Group on Immunisation.

37.  Item 17 sets remuneration arrangements for the Co-Chairs of the Australian Technical Advisory Group on Immunisation.

38.  Item 18 removes the entry for to the Australian National Preventative Health Agency Advisory Council.

39.  Item 19 inserts Part 8─Application and transitional provisions including section 45 which states the purpose of Table 8A.  Table 8A is inserted.  The table sets the commencement dates for the matters specified in Items 13 and 15 of the instrument.

 

 

Authority: subsections 7(3) and (4)

Remuneration Tribunal Act 1973


Overview

The Remuneration Tribunal Amendment Determination (No. 1) 2018 amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2018 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2018. Enacted by the Australian Government, this legislation addresses the need for timely and appropriate remuneration for various public office holders, ensuring that their compensation is reflective of their roles, responsibilities, and the broader context in which they operate. The determination was introduced to provide updated remuneration for several offices in response to changes in roles, responsibilities, or the cessation of certain positions. It was made under the authority of the Remuneration Tribunal Act 1973, with the aim of maintaining fairness and consistency in the remuneration of public office holders across the Commonwealth.

Scope and Application

The Remuneration Tribunal Amendment Determination (No. 1) 2018 amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2018 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2018, both of which are made under the Remuneration Tribunal Act 1973. This legislation 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 Tribunal's jurisdiction is national, as it operates within the Commonwealth of Australia. The amendments made by this Determination include setting remuneration and travel tiers for various offices, such as the Director-General of the Australian Signals Directorate and the Chief Executive Officer of the National Housing Finance and Investment Corporation, among others. The Determination also removes outdated entries and special provisions that no longer apply due to changes in office holders or the abolition of certain offices. The changes are made in accordance with the relevant Acts, and retrospective application does not disadvantage any person, nor impose any liability, as per the Legislation Act 2003. The power to amend these instruments is granted under the Acts Interpretation Act 1901.

Key Provisions

The Remuneration Tribunal Amendment Determination (No. 1) 2018 amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2018 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2018, as specified in Schedule 1. The determination sets out new remuneration and allowances for various public office holders. Specifically, it sets the remuneration and travel tier for the Director-General, Australian Signals Directorate (Item 2), and for the Chief Executive Officer, National Housing Finance and Investment Corporation (Item 4). It also establishes remuneration and travel tiers for the offices of Chair, Deputy Chair, and Member of the Export Finance and Insurance Corporation (Item 13), and for the offices of Chair and Member of the National Housing Finance and Investment Corporation (Item 15). The determination further sets remuneration arrangements for the Co-Chairs of the Australian Technical Advisory Group on Immunisation (Item 17). The Remuneration Tribunal Amendment Determination (No. 1) 2018 imposes several obligations on the Remuneration Tribunal, primarily regarding the determination of remuneration and allowances for public office holders. The Tribunal must set remuneration and allowances for full-time and part-time public office holders based on the information provided in submissions and other relevant sources. The Tribunal is required to consider various factors when determining remuneration, such as the functions, responsibilities, and accountabilities of the office, the organisational structure and budget, requisite skills and qualifications, and the remuneration of similar offices. Additionally, the Tribunal must ensure that its determinations comply with the relevant legislative provisions and do not adversely affect the rights of individuals. The Remuneration Tribunal Amendment Determination (No. 1) 2018 does not explicitly outline specific offences, penalties, or consequences for breach. However, breaches of the Remuneration Tribunal Act 1973 or related instruments may result in civil or criminal liability, depending on the nature of the breach. For instance, providing false or misleading information to the Tribunal could potentially lead to charges under the Commonwealth Crimes Act 1902. Furthermore, failure to comply with the Tribunal's determinations could result in legal challenges or other consequences, as the Tribunal's decisions are binding on the relevant office holders. The specific penalties for breaches of the Act or related instruments would depend on the nature and severity of the breach, as well as the applicable laws and regulations.

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Area of Law
Public Sector Remuneration
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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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.