Remuneration Tribunal Amendment Determination (No. 4) 2018

Administered by Department of the Prime Minister and Cabinet

Legislation au F2018L01812 Not in force Legislative Instrument

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Explanatory Statement: Remuneration Tribunal Amendment Determination (No. 4) 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.
  1. 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.
  2. 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.
  3. 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.

Aged Care Quality and Safety Commission and Advisory Council

6.       In June 2018 the Tribunal received a letter from the Minister for Aged Care and Indigenous Health, the Hon Ken Wyatt AM MP, requesting indicative remuneration for the offices of the proposed Aged Care Quality and Safety Commission and offices of the Chair and Member of the Advisory Group. The letter was accompanied by a submission on the roles and responsibilities of the offices, which will come into effect on 1 January 2019 following proclamation of the Aged Care Quality and Safety Commission Act 2018. 

7.       The submission outlined that the Aged Care Quality and Safety Commission will subsume and integrate the offices and functions of the Australian Aged Care Quality Agency and Aged Care Complaints Commissioner. The offices of Chair and Member of the Aged Care Quality Advisory Council will be replaced by equivalent offices in the new Aged Care Quality and Safety Advisory Council from 1 January 2019.

Cancer Australia, Chief Executive Officer

8.       In October 2018, at the request of the Minister for Health, the Hon Greg Hunt MP, and in consultation with the Tribunal, the Minister for Finance and the Public Service, Senator the Hon Mathias Cormann, revoked the Principal Executive Office status of the office of Chief Executive Officer of Cancer Australia. The effect of the revocation is to return the office to the Tribunal’s determinative jurisdiction with effect from the date of revocation, 5 December 2018. Minister Hunt provided a submission with detailed and updated information on the roles and responsibilities of the office.

Director of National Parks

9.       In November 2018, the Tribunal received a submission from the Minister for the Environment, the Hon Melissa Price MP, proposing a review of remuneration for the office of Director of National Parks and providing information about the expanded role and responsibilities of the office.

10.  The Tribunal was also provided with detail on the superannuation arrangements of the appointee to the office and determined a person-specific superannuation salary for Dr James Findlay, maintaining his superannuation salary arrangements consistent with the requirements of the Public Sector Superannuation Scheme and to ensure the value of the superannuation benefit is properly accounted for in the composition of his total remuneration package.

Asbestos Safety and Eradication Agency, Chief Executive Officer

11.  In November 2018, the Tribunal received a letter from the Minister for Jobs and Industrial Relations, the Hon Kelly O’Dwyer MP, requesting the determination of a personal superannuation salary for the recently appointed Chief Executive Officer of the Asbestos Safety and Eradication Agency, Ms Justine Ross. The Tribunal determined a person-specific superannuation salary for Ms Ross maintaining her superannuation salary arrangements consistent with the requirements of the Public Sector Superannuation Scheme and to ensure the value of the superannuation benefit is properly accounted for in the composition of her total remuneration package.

Australian Institute of Health and Welfare, Deputy Chair

12.  In May 2018, the Tribunal received a letter from the Minister for Health, the Hon Greg Hunt MP, seeking a determination of remuneration for the then proposed office of Deputy Chair of the Australian Institute of Health and Welfare. The letter provided information about the roles and responsibilities of the office in the new structure, which came into effect on 27 November 2018 following the commencement of the Australian Institute of Health and Welfare Amendment Act 2018.

Commonwealth Science Council

13.  In November 2018, the Tribunal received advice from the Department of Industry, Innovation and Science that the Government had renamed the Commonwealth Science Council as the National Science and Technology Council. The Department also advised that the change in title would not have a significant impact on either the scope or scale of responsibilities of the members of the 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

Part 1—Repeals of items that are being replaced

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

21.  Item 1 removes superseded remuneration provisions for the office of Director of National Parks.

Part 2—Main amendments

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

22.  Item 2 inserts remuneration and the travel tier for the new office of the Australian Aged Care Quality and Safety Commissioner.

23.  Item 3 sets remuneration and the travel tier for the office of Chief Executive Officer of Cancer Australia.

24.  Item 4 removes the remuneration provisions for the former office of the Chief Executive Officer of the Australian Aged Care Quality Agency.

25.  Item 5 removes the remuneration provisions for the former office of the Aged Care Complaints Commissioner.

26.  Item 6 sets new remuneration and the travel tier for the office of the Director of National Parks.

27.  Item 7 sets a person-specific superannuation salary for Dr James Findlay, the Director of National Parks.

28.  Item 8 sets a person-specific superannuation salary for Ms Justine Ross, Chief Executive Officer of the Asbestos Safety and Eradication Agency.

29.  Items 9 and 10 remove the accommodation and reunion travel assistance provisions for Mr Nick Ryan, the former Chief Executive Officer of the Australian Aged Care Quality Agency.

30.  Item 11 sets the commencement dates for the matters specified in Items 1 to 10 of the instrument.

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

31.  Items 12 and 13 set remuneration and the travel tier for the new office of Deputy Chair of the Australian Institute of Health and Welfare.

32.  Item 14 renames the Commonwealth Science Council the National Science and Technology Council.

33.  Item 15 sets remuneration and the travel tier for the offices of Chair and Member of the Aged Care Quality and Safety Advisory Council.

34.  Item 16 removes the remuneration provisions for the offices of the former Aged Care Quality Advisory Council.

35.  Item 17 sets the commencement dates for the matters specified in Items 12 to 16 of the instrument.

 

Authority: subsections 7(3) and (4) Remuneration Tribunal Act 1973

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Remuneration Tribunal Amendment Determination (No.4) 2018

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Overview of the Legislative Instrument

This determination amends Principal Determinations:

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

The determination:

 

  • sets remuneration and the travel tier for the new offices of the Aged Care Quality and Safety Commission and the Aged Care Quality and Safety Advisory Council;
  • sets new remuneration and the travel tier for the office of Chief Executive Officer of Cancer Australia;
  • sets new remuneration for the office of the Director of National Parks;
  • sets a person specific superannuation salary for Dr James Findley, Director of National Parks;
  • sets a person specific superannuation salary for Ms Justine Ross, Chief Executive Officer of the Asbestos Safety and Eradication Agency;
  • sets an annual fee for the new office of Deputy Chair of Australian Institute of Health and Welfare;
  • changes references to the Commonwealth Science Council to National Science and Technology Council; and
  • removes a number of obsolete provisions.

The instrument maintains the principle of fair, and current, remuneration for work performed.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Remuneration Tribunal

Overview

The Remuneration Tribunal Amendment Determination (No. 4) 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. This legislation, enacted by the Parliament of Australia, addresses the need to ensure that the remuneration and allowances for key Commonwealth office holders are fair, current, and reflective of the responsibilities and accountabilities of these offices. The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, is an independent statutory authority responsible for determining these matters. The amendments introduced by this determination include setting remuneration for new offices, adjusting remuneration for existing offices, and removing obsolete provisions, thereby maintaining the principle of equitable remuneration for public service roles. The changes reflect the evolving nature of public office responsibilities and the necessity for the Tribunal to adapt its determinations accordingly.

Scope and Application

The Remuneration Tribunal Amendment Determination (No. 4) 2018 applies to the Remuneration Tribunal established under the Remuneration Tribunal Act 1973, impacting the remuneration, allowances, and entitlements for key Commonwealth office holders. This includes full-time and part-time holders of public offices, particularly those in Federal Courts and specified statutory offices. The Amendment Determination specifically amends the remuneration provisions for various offices, including those within the Aged Care Quality and Safety Commission, Cancer Australia, the Director of National Parks, and the Asbestos Safety and Eradication Agency, among others. The geographic reach of this legislation is national, as it pertains to Commonwealth office holders across Australia. The Act allows the Tribunal to determine remuneration based on various factors such as the office’s functions, responsibilities, requisite skills, and comparisons with similar offices. The determination also includes specific superannuation salaries for certain office holders. Any retrospective application of this determination complies with the Legislation Act 2003, ensuring it does not adversely affect the rights of individuals or impose new liabilities. The Amendment Determination does not raise any human rights issues, as affirmed by the Statement of Compatibility with Human Rights.

Key Provisions

The Remuneration Tribunal Amendment Determination (No. 4) 2018, under the Remuneration Tribunal Act 1973, updates the remuneration and allowances for various public offices. Specifically, section 1 of the Determination specifies its name, while section 2 outlines its commencement date. The authority for this instrument is given under subsections 7(3) and (4) of the Remuneration Tribunal Act 1973, as referenced in section 3. Section 4 explains the effect of the instruments specified in the Schedule, which includes Schedule 1 outlining the amendments. The main changes in Schedule 1 involve the repeal of superseded remuneration provisions, insertion of new remuneration for certain offices, and setting person-specific superannuation salaries. The Determination imposes several obligations on the Remuneration Tribunal and the relevant office holders. According to section 11 of the Act, the Tribunal is required to inform itself in any manner it deems fit when performing its functions. This includes receiving submissions from Portfolio Ministers or other responsible parties and considering various factors such as the office's functions, responsibilities, and the remuneration of similar offices. Furthermore, the Tribunal must ensure that its determinations comply with the principle of fair and current remuneration for the work performed. The Determination sets specific remuneration and travel tiers for various offices. For instance, it establishes remuneration for the new offices of the Aged Care Quality and Safety Commission and the Aged Care Quality and Safety Advisory Council. It also adjusts the remuneration for the Chief Executive Officer of Cancer Australia and the Director of National Parks. Additionally, it sets person-specific superannuation salaries for Dr. James Findlay and Ms. Justine Ross, ensuring that their superannuation arrangements comply with the Public Sector Superanneration Scheme. The Determination also removes certain obsolete provisions and renames the Commonwealth Science Council to the National Science and Technology Council. The Determination outlines potential consequences for breaches, although specific penalties are not detailed in the text. Generally, under Australian legislation, breaches can result in civil or criminal penalties, which may include fines or imprisonment, depending on the severity of the offence. The Determination ensures that any retrospective application does not disadvantage individuals other than the Commonwealth or its authorities, in accordance with subsection 12(2) of the Legislation Act 2003. Additionally, the power to repeal, rescind, revoke, amend, or vary the Determination is conferred under subsection 33(3) of the Acts Interpretation Act 1901, ensuring flexibility in legislative adjustments.

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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.