Remuneration Tribunal Determination 2005/03 - Specified Statutory Officers - Remuneration and Allowances

Administered by Department of Employment and Workplace Relations

Legislation au F2005L00991 Not in force Legislative Instrument

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REMUNERATION TRIBUNAL

Explanatory Statement:  Determination 2005/03

Specified Statutory Officers Remuneration and Allowances

1.

The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for certain holders of public office, as it is empowered to do by the Remuneration Tribunal Act 1973.   

In making this determination the Tribunal has informed itself through consultation in accordance with established practice.

 

PART 1 GENERAL

2.

Part 1 specifies the authority for and the date of effect of the determination and revokes and supersedes the previous principal Determination (2004/09) applying to the Offices covered by this Determination.  The Part also contains definitions of certain words used in the Determination.

 

PART 2 REMUNERATION AND RELATED MATTERS

3.

Table 1 of Clause 2.1 provides increased Base Salary and Total Remuneration (TR) effective on and from 2 May 2005 for the Specified Statutory Offices listed in the Table.  The TR rates in the superseded Determination (2004/09) have been increased by 4.1 per cent following the annual review of remuneration.  Base Salary (superannuable salary) is calculated at 73 per cent of TR (rounded). In the superseded Determination Base Salary was calculated at 70 per cent of TR. TR has not been adjusted to reflect the increase in superannuable salary.

4.

The TR for Specified Statutory Officers is presently determined on the basis of an employer superannuation contribution rate of 13% of Base Salary. Table 2 of clause 2.1 increases TR, from 1 July 2005, to reflect an increase in employer superannuation contributions, deducted from TR, to 15.4%. This rate is consistent with the proposed employer contribution rate to the Public Sector Superannuation Scheme accumulation plan to be introduced on that date. This change will not entail any real increase in remuneration of office holders who are members of the current Commonwealth defined benefit superannuation schemes.

5.

Clause 2.4 defines the amount of Superannuation Support to be deducted from the TR rates, to represent the employer superannuation liability.

6.

Clauses 2.5 and 2.6 have been updated by increasing the amount for business related vehicle usage from $3,050 to $3,100 per annum.  The rates are based on the kilometre allowance for business use of a motor vehicle.

7.

Other provisions in Part 2 remain unchanged from those contained in Determination 2003/06 (other than minor wording changes).

 

 

PART 3 – OFFICIAL TRAVEL

8.

Part 3 sets out the official travel provisions.  Clause 3.1 specifies that the provisions in Determination 2004/03 apply.  Clause 3.2 specifies that Specified Statutory Officers have Tier 1 travel provisions.

 

PART 4 – COMPENSATION FOR EARLY LOSS OF OFFICE

9.

Part 4 sets out the entitlement for compensation for early loss of office.  Clause 4.1 specifies that the provisions in Determination 1992/11 apply.

 

PART 5 – RECREATION LEAVE

10.

Part 5 sets out the entitlement for recreation leave.  Clause 5.1 specifies that the provisions in Determination 2002/20 apply, where the Remuneration Tribunal has the power to determine recreation leave.

 

 

 

 

 

Authority: Sub-sections 7(3) and 7(4)
of the Remuneration Tribunal Act 1973

 

Overview

The Remuneration Tribunal Determination 2005/03, enacted under the authority of the Remuneration Tribunal Act 1973, addresses the remuneration and related matters for specified statutory officers. This determination was introduced to ensure that the remuneration of these officers is periodically reviewed and adjusted in accordance with established practices and legislative mandates. The Remuneration Tribunal, established by the Act, is responsible for determining the remuneration of specified statutory officers, and this determination serves to update the remuneration rates and allowances effective from 2 May 2005. This includes increases to the base salary, total remuneration, and employer superannuation contributions, as well as adjustments to allowances for business-related vehicle usage. The determination also maintains consistency with previous provisions regarding official travel, compensation for early loss of office, and recreation leave, ensuring that these aspects remain aligned with prior determinations unless otherwise specified.

Scope and Application

The Remuneration Tribunal Determination 2005/03, made under the Remuneration Tribunal Act 1973, applies to holders of specified statutory offices within the Commonwealth public service, establishing their remuneration and allowances. The Determination, effective from 2 May 2005, increases the Total Remuneration (TR) by 4.1 percent following an annual review, with Base Salary now calculated at 73 percent of TR. Notably, this Determination also adjusts employer superannuation contributions from 13 to 15.4 percent, effective from 1 July 2005, without increasing the real remuneration of office holders in existing Commonwealth defined benefit superannuation schemes. The Determination extends to the entire Commonwealth, applying uniformly across all specified statutory offices within the national jurisdiction. It supersedes the previous Determination 2004/09 and incorporates minor changes, including updated business-related vehicle usage allowances and references to other specific Determinations for travel, compensation for early loss of office, and recreation leave entitlements. This comprehensive Determination ensures consistent application of remuneration and related allowances across the specified statutory offices, adhering to the legislative authority granted by the Remuneration Tribunal Act 1973.

Key Provisions

The Remuneration Tribunal has issued Determination 2005/03 under the authority of the Remuneration Tribunal Act 1973, specifying the remuneration and allowances for specified statutory officers, effective from 2 May 2005 (Clause 2.1). This determination increases the base salary and total remuneration (TR) by 4.1%, reflecting an annual review. Base Salary is now calculated at 73% of TR, up from 70% previously (Clause 2.1). The TR rate has also been adjusted to reflect an increase in employer superannuation contributions from 13% to 15.4% effective from 1 July 2005 (Clause 2.2). This change aligns with the proposed employer contribution rate to the Public Sector Superannuation Scheme accumulation plan. The amount of Superannuation Support deducted from the TR rates to represent the employer superannuation liability is also defined (Clause 2.4). Additionally, business-related vehicle usage allowances have been increased from $3,050 to $3,100 per annum (Clauses 2.5 and 2.6). The Remuneration Tribunal has outlined specific obligations for the specified statutory officers, including the updated remuneration rates and the revised calculation method for base salary and total remuneration. The officers must adhere to the new superannuation contribution rates and updated vehicle usage allowances. The Tribunal has also maintained consistency in other provisions from the previous determinations, ensuring that there are no significant disruptions to the remuneration structure for these officers (Clause 2.7). Breach of the provisions set out in this determination may lead to civil consequences, such as the failure to adjust remuneration according to the stipulated rates, which could result in legal disputes or claims for underpayment. However, the determination does not explicitly outline criminal penalties for non-compliance. The primary focus of the legislation is to ensure that statutory officers receive fair and updated remuneration in line with legislative mandates and public sector standards. The detailed nature of the provisions aims to prevent disputes and ensure compliance with the updated remuneration and allowances framework.

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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.