Remuneration Tribunal Determination 2005/05 - Remuneration and Allowances for Holders of Part-time Public Office

REMUNERATION TRIBUNAL

Determination 2005/05:

This Determination comprises:

• Part 1 – General
• Part 2 – Fees
• Part 3 – Conditions of Official Travel
• Schedule A – Specified Offices – Fees and Allowances
• Schedule B – List of Professional Committees (Health and Ageing and Family and Community Services Portfolios)
• Schedule C – Primary Industry Authorities – Fees and Allowances
• Schedule D –Torres Strait Regional Authority – Fees and Allowances
• Schedule E – Aboriginal Land Councils – Fees and Allowances.

PART 1 – GENERAL

1.1              Authority:  The Remuneration Tribunal has made this Determination in accordance with subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.

1.2              Effective Date:  This Determination takes effect on and from 1 July 2005.

1.3              Effect on Earlier Determinations: This Determination supersedes and revokes in full Determination number 12 of 2004 (Remuneration and Allowances for Holders of Part-time Public Office).

1.4              Footnotes:  To avoid doubt, footnotes to tables in this Determination are part of the Determination.

1.5            Definitions:  In this Determination, unless the sense otherwise requires:

1.5.1   'authority' is a reference to a commission, board, committee, tribunal or other body or office;

1.5.2           'business of the authority' means any business of the authority conducted by an office-holder with the approval of the authority, other than attendance at a formal meeting and the preparation time for that meeting, except as specified in Clause 2.5;

1.5.3           ‘office-holder’ means the holder of a part-time public office;

1.5.4           ‘public office’ has the same meaning as in the Remuneration Tribunal Act 1973;

1.5.5           ‘p/a’ in the Schedules to this Determination means the specified fee is payable ‘per annum’, and ‘p/d’ means the specified fee is payable ‘per diem’.

PART 2 – FEES

2.1            Specified Offices:  The fees set out in Schedules A, C, D and E apply to the holders of the public offices specified in those schedules.

2.2     Remuneration Packaging:  An agency may provide access to remuneration packaging to office-holders covered by this Determination.  An office-holder may elect either to take benefits in lieu of her or his fee or to take a combination of her or his fee and benefits.

2.2.1 Any election made in accordance with clause 2.2 must:

(a) be in accordance with agency policies and procedures on remuneration packaging applicable to such offices;

(b) be consistent with relevant taxation laws and rulings or guidelines applicable to remuneration packaging schemes issued by the Australian Taxation Office; and

(c) not result in any cost to the Commonwealth (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if benefits able to be taken as fees were taken as fees.

2.3            Offices not specified:  An office-holder in respect of whom a fee has not otherwise been specified in this Determination shall, subject to the conditions outlined in clauses 2.5 to 2.8 of this Determination, be paid a daily fee as set out in Table 2A below.

TABLE 2A: PUBLIC OFFICES NOT SPECIFIED IN THIS DETERMINATION – DAILY FEES WITH EFFECT FROM 1.7.05

2.3.1           Minister decides category:  The category of fee to be paid shall be determined by the Minister within whose portfolio responsibility the public office is located in accordance with the nature and function of the office.

2.3.2           Official Travel:  An office-holder in respect of whom a fee has been determined in accord with this clause shall be entitled to travelling allowance for travel on official business within Australia at the Tier 2 rate, in accordance with Part 3 of this Determination.

Conditions of payment of daily fees

2.4            Application:  The provisions of clauses 2.5 to 2.8 apply to office-holders covered by clause 2.3 and by Schedules A and C, unless otherwise specified.  Clauses 2.5 to 2.8 do not apply to Schedules D and E.

2.5            Daily fee - preparation for meetings:  The daily fee for a formal meeting includes a component to cover normal preparation time, but where the chairperson of the authority considers the period of preparation time involved is so unusual as to warrant recognition that period may be included as business of the authority.

2.6            Daily fee – minimum hours:  An office-holder shall be paid the daily fee in respect of such period, not less than three hours, on any one day on which he or she attends a formal meeting of the authority, and/or is engaged on business of the authority other than normal preparation time for a meeting, subject to the following conditions.

2.6.1           The chairperson, or nominated presiding officer, shall in each case certify whether the period of three hours has elapsed and in so certifying may have regard to reasonable travelling time incurred by an office holder away from the metropolitan area of the capital city or the environs of the town in which he or she lives.

2.6.2           The maximum payment in respect of any one day shall be the appropriate daily fee.

2.7            Part-payment of daily fee – meeting days:  An office-holder may be paid in respect of formal meetings of less than three hours subject to the following conditions:

(a) for formal meetings aggregating less than two hours, an amount equal to two-fifths of a daily fee;

(b) for formal meetings, or formal meetings and business of the authority on the day of a formal meeting, of two hours or more, but less than three hours on any one day, an amount equal to three-fifths of a daily fee;

(c) the maximum payment in respect of any one day shall be the appropriate daily fee;

(d) eligibility for each payment shall be certified by the chairperson or nominated presiding officer and in so certifying the chairperson may have regard to reasonable travelling time in accordance with 2.6.1; and

(e) preparation time shall only be included in accordance with 2.5.

2.8            Aggregation of hours for daily fee - non-meeting days:  An office-holder may also be paid a daily fee in respect of aggregates of periods of business of the authority of less than three hours, subject to the following conditions:

(a) individual periods of business must be on other than formal meeting days and each period must be for a minimum of one hour;

(b) to attract payment of a daily fee, aggregated periods shall total at least five hours;

(c) the maximum payment in respect of any one day shall be the appropriate daily fee;

(d) eligibility for each payment shall be certified by the chairperson and in so certifying the chairperson may have regard to reasonable travelling time in accordance with  2.6.1; and

(e) preparation time shall only be included in accordance with 2.5.

2.9 Daily Fee – SCT: The following sub-clauses apply, (and clauses 2.5 to 2.8 do not apply) in relation to a person who holds an office as a member of the Superannuation Complaints Tribunal on a part-time basis.

2.9.1 A daily fee is payable once such a person has undertaken official business of five hours duration in aggregate, regardless of the day or days on which that work is done.

2.9.2 The Chairperson of the Superannuation Complaints Tribunal must certify the nature, reasonableness and duration of official business undertaken prior to any payment of fees to such a person.

2.9.3 Official business may include a hearing, preparation for a hearing, decision writing, checking and travel time other than for travel between the person’s home and principal place of work.

2.9.4 The maximum payment in respect of any one day shall be the appropriate daily fee.

PART 3 - CONDITIONS OF OFFICIAL TRAVEL

3.1              Official Travel Determination:  The provisions of Determination 2004/03 as amended - Official Travel by Office Holders – apply to offices covered by this Determination, subject to any exclusions or limitations in this Determination.  In establishing entitlements, the Travel Tier identified in this Determination for an office will apply under Determination 2004/03.

SCHEDULE A - FEES AND ALLOWANCES FOR SPECIFIED OFFICES

A1.  Fees:  The fees set out in Table A1A below are payable in accordance with this Determination to the holders of the relevant office.

A2.  Audit Committee fees:  Where the symbol ‘#’ appears against an Office in Table A1A below, subclause A2.1 applies.

A2.1  A member who is the Chair of the Audit Committee will receive an additional $11,360 per annum.  A member who is a member of the Audit Committee will receive an additional $5,680 per annum.

TABLE A1A – SPECIFIED OFFICES – FEES AND TRAVEL TIER
(Rates are effective from 1 July 2005 unless otherwise specified)

SCHEDULE B

PROFESSIONAL COMMITTEES – HEALTH AND AGEING AND FAMILY AND COMMUNITY SERVICES PORTFOLIOS

B1.1  For the purposes of Schedule A, the following Offices are defined as Professional Committees in the Health and Ageing and Family and Community Services Portfolios. The relevant fees set out in Schedule A are payable to these committees.

• Acute Care Advisory Committees
• Adverse Drug Reactions Advisory Subcommittee
• After Hours Primary Medical Care Trials Steering Committee
• Australian Drug Evaluation Committee
• Australian Prescriber Executive Editorial Board
• Bioengineering and Biomaterials Subcommittee
• Clinical Casemix Committee of Australia
• Complementary Medicines Evaluation Committee
• Congenital Abnormalities Subcommittee
• Consultative Committee on Diagnostic Imaging
• Expert Group on Outpatient Services
• Expert Committee for Surgically Implanted Prostheses, Human Tissue Items and Other Medical Devices Committee
• Fractionation Subcommittee of Human Pituitary Advisory Committee
• General Practice Co-ordination Group
• General Practice Education and Training Council
• General Practice Partnership Advisory Council
• General Practice Policy Group
• General Practice Recognition Eligibility Committees
• General Practice Recognition Appeals Committee
• Implantable Medical Devices Tracking Sub-committee
• Influenza Vaccine Committee
• Medical Services Committees of Inquiry
• Medical Services Review Tribunal
• Medicare Benefits Advisory Committee
• Medicare Participation Review Committees
• Medicare Services Advisory Committee
• Medicines Evaluation Committee
• National Drug Information Advisory Subcommittee
• National Drugs and Poisons Schedule Committee
• Australian Health Information Council
• National Pathology Accreditation Advisory Council
• National Therapeutic Goods Committee, Subcommittee on Child Resistant Packaging
• National Therapeutic Goods Committee, Subcommittee on Medical Devices
• National Therapeutic Goods Committee, Subcommittee on the Australian Code of Good Manufacturing Practice
• Optometrical Services Committee of Inquiry
• Optometrical Services Review Tribunal
• Pathology Services Advisory Committee
• Pathology Services Table Committee
• Pharmaceutical Benefits Advisory Committee
• Pharmaceutical Health and Rational Use of Medicines Committee
• Pharmaceutical Services Committee of Inquiry
• Rural Workforce Agency Evaluation Advisory Committee
• Specialist Recognition Advisory Committee
• Specialist Recognition Appeal Committee
• Medical Devices Evaluation Committee
• Medical Devices Incident Review Committee
• Therapeutic Goods Committee

SCHEDULE C

PRIMARY INDUSTRY AUTHORITIES – FEES AND ALLOWANCES

C1.  Fees:  The fees set out in Table C1A below are payable in accordance with this Determination to the holders of the relevant office.

TABLE C1A – PRIMARY INDUSTRY AUTHORITIES – FEES AND TRAVEL TIER. 

(Rates Are Effective From 1 July 2005 Unless Otherwise Specified).

SCHEDULE D

TORRES STRAIT REGIONAL AUTHORITY – FEES AND ALLOWANCES

D1.  Fees:  The fees set out in Table D1A below are payable in accordance with this Determination to the holders of the relevant office.

D2.  Aggregated hours:  The office-holders specified in this Schedule shall be paid in accordance with the following conditions:

(a) for formal meetings and/or business of the authority aggregating 6 hours or more on any one day – 100% of the daily fee;

(b) for formal meetings and/or business of the authority aggregating 3 hours or more but less than 6 hours on any one day - 60% of the daily fee;

(c) for formal meetings and/or business of the authority aggregating less than 3 hours on any one day - 40% of the daily fee; and

(d) eligibility for each payment shall be certified by the chairperson or nominated presiding officer and in so certifying the chairperson may have regard to reasonable travelling time incurred by an office holder away from the metropolitan area of the capital city or the environs of the town in which the office holder lives.

TABLE D1A –TORRES STRAIT REGIONAL AUTHORITY – FEES AND TRAVEL TIER.  (Rates are effective from 1 July 2005 unless otherwise specified).

SCHEDULE E

ABORIGINAL LAND COUNCILS – FEES AND ALLOWANCES

E1.  Fees:  The fees set out in Table E1A below are payable in accordance with this Determination to the holders of the relevant office.

TABLE E1A – HOLDERS OF PUBLIC OFFICES IN ABORIGINAL LAND COUNCILS.

(Rates are effective from 1 July 2005 unless otherwise specified.)

Notes to Remuneration Tribunal Determination 2005/05:

Remuneration and Allowances for Holders of Part-Time Public Office

This determination as shown in this compilation is amended as indicated in the tables below.  Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Notes to Remuneration Tribunal Determination 2005/05:

Remuneration and Allowances for Holders of Part-Time Public Office

Table of Amendments

ad. = added or inserted am. = amended rs. = repealed and substituted rep. = repealed

[1] Australia Post: A member who is appointed as a Deputy Chair will receive an additional $7,808 per annum.  A member who is appointed to the Audit Committee will receive an additional $7,808 per annum as member, or $15,620 per annum as Chair, of the Committee.   A member who is appointed to the Board of Postcorp will receive $3,521 per annum.

[2] ABC: Mr McDonald will receive a 55% loading in recognition of his additional workload.  A member who is appointed as a Deputy Chair will receive $61,420 per annum.

[3] CSIRO: An additional per diem payment of $625 shall be paid to members of CSIRO who serve on the boards of subsidiaries/associated commercial enterprises.

[4] Airservices Australia:  A member who is appointed as Deputy Chair will receive an additional fee of $5,678 per annum. While Air Marshal Fisher (ret'd) remains Deputy Chair, he will be paid a further fee of $5,205 per annum.

[5] Footnote deleted.

[6] Tourism Australia: A member who is appointed as Deputy Chair will receive $41,640 per annum.

[7] A member who is appointed as a Deputy Chair will receive $39,750 per annum.

[8] Footnote deleted.

[9] PSS/CSS:  The member fee applies only to persons appointed as office holders of both the Public Sector Superannuation Board and the Commonwealth Superannuation Scheme Board.  Such persons are only entitled to receive one specified fee in respect of these offices.

[10] CSS/PSS: This fee applies to persons who are appointed as office holders of the Commonwealth Superannuation Board of Trustees No. 2 but not the Commonwealth Superannuation Board of Trustees No. 1.

[11] NICS:  The Chair is entitled to Tier 1 travel arrangements and Members are entitled to Tier 2 travel arrangements.

[12] A member who is appointed as a Deputy Chair will receive $31,350 per annum.

[13] ANSTO:  A member who is the Chair of the Risk and Audit Management Committee will receive an additional $11,360 per annum.  A Member who is a member of the Risk and Audit Management Committee will receive an additional $5,680 per annum.

[14] EFIC:  A member who is the Chair of the Export Finance and Insurance Corporation’s Alliance and Contingent Divestment Implementation Committee will receive an additional pro-rata payment of $6,814 per annum.  A member who is a member of the Export Finance and Insurance Corporation’s Alliance and Contingent Divestment Implementation Committee will receive an additional pro-rata payment of $3,408 per annum.

[15] IRDB:  The Chair and Members of the Industry Research and Development Board shall only receive remuneration for one Committee.

[16] A member who is appointed as a Deputy Chair will receive $23,280 per annum.

[17] Australian Council for Employment and Training: the Chairperson is entitled to Tier 1 travel.

[18] National Disability Advisory Council: A member who is appointed as a Deputy Chair will receive $21,470 per annum.

[19] AIMS:  A member who is chair of the Audit Committee will receive an additional $6,814 per annum.  A member who is a member of the Audit Committee will receive an additional $3,408 per annum.

[20] A member who is appointed as a Deputy Chair will receive $16,030 per annum.

[21] Classification Review Board: A member who is appointed as a Deputy Convener will receive $10,107 per annum.

[22] FRP: The Chair rate will apply to a member on any day that the member chairs a Panel.

[23] CALDB – The Deputy Chairman will be paid $854 per diem.  Office holders in CALDB on the date of effect of Determination 2005/14 have the once only option of choosing to maintain their previous remuneration for the balance of their term.  This is – Chairman: Retainer $8,403 p.a., Daily fee $842, Deputy Chair: Retainer $6,767 p.a., Daily fee $842, Member: Retainer $2,499 p.a., Daily fee $694.

[24] SMRC: Councillors who work permanently on a part-time basis will receive a retainer of $20,560 (Chair) or $13,860 (Members).

[25] Takeovers Panel – Daily fees are only payable for sitting days of takeover proceedings and for Panel days.  Remuneration for other business is by way of the annual fee, which is $15,000 for the Chairman and $2,500 for the Members.

[26] Environment Protection: This rate shall apply only for the position while it is occupied by Dr D F McMichael.

[27] Repatriation Medical Authority - Retainers of $41,110 for the Chairperson and $27,380 for the Members will be payable.

[28] Seafarer Safety, Rehabilitation and Compensation Authority: A member who is appointed as a Deputy Chair will receive $638 per diem.

[29] Defence Force Advocate: Fees payable for work done within s.58T(c) of the Defence Act 1903 shall be the maximum daily rate as determined for senior counsel in the Australian Government Solicitor’s Commonwealth Policy on Counsel Fees.

[30] RRT: Members of the Refugee Review Tribunal receive a per diem fee for seven hours work (which may be cumulative over several days).

[31] MRT: Members of the Migration Review Tribunal receive a per diem fee for seven hours work (which may be cumulative over several days).

[32] Ministerial Advisory Committee on Aids, Sexual Health and Hepatitis: A member who is appointed as a Deputy Chair will receive $524 per diem.

[33] Australian River Company: Mr E G Anson shall receive additional remuneration of $42,940 per annum, on a pro-rata basis, for periods where he has the approval of the Board to perform executive duties. A member who is appointed as a Deputy Chair will receive $580 per diem.

[34] ANCD: A member who is appointed as a Deputy Chairman will receive $573 per diem.

[35] SSAT: The maximum fees payable each year to part-time Directors, Presiding Members, Medical Members and Members of the Social Security Appeals Tribunal are capped at 80% of the sum of the base salary plus supplement in lieu of performance remuneration determined for full-time Directors.

[36] Editorial Advisory Board: Subject to a minimum payment of $2,385 pa.

[37] MRCC: Where a member has an entitlement to Tier 1 travel by virtue of a full-time appointment, that entitlement will also apply to this Office.

[38] The Carrick Institute:  Members of the Institute who serve on the Audit and Risk Management Committee (the Committee) receive and additional $2,776 per annum for the Chair of the Committee and $2,096 per annum for Members of the Committee.  [effective 5 September 2005 ref Det 2005/16]

[39] Teaching Australia:  While Professor Gregor Ramsey is Chair he will receive the Chair’s fee plus an additional loading of 70%.  The Chair is entitled to Tier 1 travel.  The Deputy Chair will receive the Member’s fee plus an additional loading of 100%.

[40] ASCC: The Deputy Chair will receive $27,810 per annum.

[41] Australian Fair Pay Commission:  The Chairman will receive the Chair’s fee plus an additional loading of 30%, and the Commissioners will receive the Member’s fee plus an additional loading of 30%.  The loading for the offices of Chairman and Commissioner will be reviewed by the Tribunal in June 2007.

[42] Australian Fisheries Management Authority: A member who is appointed as a Deputy Chair will receive $39,750 per annum.

[43] Grains Research and Development Corporation: A member who serves on the Finance, Risk and Audit Committee will receive an additional $11,360 per annum for the Committee Chairman, and an additional $5,680 per annum for Committee Members.

[44]  Member of the Forest and Wood Products Research and Development Corporation, in addition to his or her annual fee, shall receive a per diem fee of $615, paid in accordance with the provisions of Part 2 of this Determination, when conducting the business of the following bodies: the Market Knowledge and Development Advisory Group; the Hardwood Advisory Group; the Engineered Wood Products Advisory Group; and the Softwood Advisory Group.  The Member's normal travel entitlements will also apply to these duties.

[45] A Non-executive Director of the Sugar Research and Development Corporation who sits on of the Audit Committee will receive an additional $6,814 per annum as Chair or $3,407 per annum.

[46] A member of the Australian Fisheries Management Authority Selection Committee appointed under section 29(1)(b) of the Fisheries Administration Act 1991 shall be paid a fee of $421 per diem.

[47] A member of a Selection Committee for a Research and Development Council appointed under section 126(2)(b) of the Primary Industries and Energy Research and Development Act 1989 shall be paid a fee of $421 per diem.

[48] Research & Development Corps:  Committees established under the Primary Industries and Energy Research Development Act 1989.

[49] MACs AFMA: Mr Stuart Richey will be paid an annual fee of $16,470 until 31 March 2008, while Chairman of the Northern Prawn Fishery MAC.