Remuneration Tribunal Determination 2006/12 - Remuneration and Allowances for Holders of Part-Time Public Office

REMUNERATION TRIBUNAL

Determination 2006/12:

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 Families, Community Services and Indigenous Affairs 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              Legislative Basis:  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 2006.

1.3              Effect on Earlier Determinations: This Determination supersedes and revokes in full Determination number 7 of 2006 (Remuneration and Allowances for Holders of Part-time Public Office).

1.4              Definitions:  In this Determination, unless the context clearly indicates otherwise:

'authority' is a reference to any body or office to which office-holders, as defined in clause 1.4, are appointed;

'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;

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

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

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 1.7.2006

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, function and responsibilities of the office.

2.3.2                Official Travel:  An office-holder whose fee has been determined in accordance with clause 2.3 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, B 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 subclause 2.6.1; and

(e) preparation time shall only be included in accordance with clause 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  subclause 2.6.1; and

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

General provisions relating to the following table: 

• The fees set out in Table A1A below are payable in accordance with the conditions of this Determination to the holders of the relevant office.
• In Columns 2 and 3:

•  an “a” following the dollar amount signifies an Annual Fee applies;
•  a “d” following the dollar amount signifies a Daily Fee applies.

• The additional clauses referred to in Column 4 are listed immediately following the Table.

Table A1A – Specified offices – fees and travel tier. (Rates are effective from 1 July 2006 unless otherwise specified.)

ADDITIONAL CLAUSES TO TABLE A1A

A1. Various bodies:  A member of the named body who is the Chair of the Audit Committee, or Audit and Risk Committee, however named, will receive an additional $11,870 per annum.  A member who is a member of the Committee will receive an additional $5,935 per annum.

A2. Australia Post: A member who is appointed as a Deputy Chair will receive an additional $8,160 per annum.  A member who is appointed to the Audit Committee will receive an additional $8,160 per annum as member, or $16,320 per annum as Chair, of the Committee.   A member who is appointed to the Board of Postcorp will receive $3,677 per annum.

A3. ABC: A member who is appointed as a Deputy Chair will receive $64,140 per annum.

A4. CSIRO: An additional per diem payment of $653 shall be paid to members of CSIRO who serve on the boards of subsidiaries/associated commercial enterprises.

A5. Airservices Australia:  A member who is appointed as Deputy Chair will receive an additional fee of $5,935 per annum.

A6. Deputy Chairs: A member who is appointed as Deputy Chair of Tourism Australia will receive $43,490 per annum.

A7. Clause deleted (as per clause 1.9 of Determination 2006/22).

A8.  Clause deleted (as per clause 1.9 of Determination 2006/22).

A9.  IRDB:  The Chair and Members of the Industry Research and Development Board shall only receive remuneration for one Committee.

A10. Various:  The Chair is entitled to Tier 1 travel arrangements and Members are entitled to Tier 2 travel arrangements.

A11.  Various:  A member of the named body who is appointed as a Deputy Chair will receive $32,750 per annum.

A12.  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 $7,119 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 $3,560 per annum.

A13.  Various:  A member of the named body who is appointed as a Deputy Chair will receive $24,320 per annum.

A14.  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%.  Members are entitled to Tier 2 travel.

A15.  Australian Council for Employment and Training: the Chairperson is entitled to Tier 1 travel.

A16.  ASCC: The Deputy Chair will receive $29,050 per annum.

A17.  National Disability and Carer Ministerial Advisory Council: A member who is appointed as a Deputy Chair will receive $22,420 per annum.

A18.  AIMS:  A member who is chair of the Audit Committee will receive an additional $7,119 per annum.  A member who is a member of the Audit Committee will receive an additional $3,560 per annum.

A19.  Various:  A member of the named body who is appointed as a Deputy Chair will receive $16,750 per annum.

A20.  Classification Review Board: A member who is appointed as a Deputy Convener will receive $10,570 per annum.

A21.  The Carrick Institute: Members serving on the Audit and Risk Management Committee receive an additional $2,900 per annum for the Committee Chair and $2,189 per annum for Committee Members.

A22.  FRP: The Chair rate will apply to a member on any day that the member chairs a Panel.

A23.  CALDB:   The Deputy Chairman will receive $893 per diem.  Office holders who qualified under Determination 2005/14 and who decided to retain their previous conditions receive – Chairman, retainer of $8,775 per annum and $880 per day;  Deputy Chairman, retainer of $7,067 per annum and $880 per day and Members, retainer of $2,610 per annum and $725 per day.

A24.  SMRC: Councillors who work permanently on a part-time basis will receive a retainer of $21,480 (Chair) or $14,480 (Members).

A25.  Environment Protection: This rate shall apply only for the position while it is occupied by
Dr D F McMichael.

A26.  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 an annual fee of $15,670 for the Chairman and $2,611 for the Members.

A27.  Repatriation Medical Authority – Retainers of $42,940 for the Chairperson and $28,600 for the Members will be payable.

A28.  Seafarer Safety, Rehabilitation and Compensation Authority: A member who is appointed as a Deputy Chair will receive $667 per day.

A29.  Defence Force Advocate: Fees payable for work done within s.58T© 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.

A30.  RRT: Members of the Refugee Review Tribunal receive a daily fee for seven hours work (which may be cumulative over several days).

A31.  MRT: Members of the Migration Review Tribunal receive a daily fee for seven hours work (which may be cumulative over several days).

A32.  Ministerial Advisory Committee on Aids, Sexual Health and Hepatitis: A member who is appointed as a Deputy Chair will receive $548 per day.

A33.  Australian River Company: Mr E G Anson shall receive additional remuneration of $44,840 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 $607 per day.

A34.  ANCD: A member who is appointed as a Deputy Chairman will receive $599 per day.

A35.  SSAT: The maximum fees payable each year to part-time Directors, 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.

A35A.  SSAT Medical Members:  Medical Members will receive a minimum payment of $6,000 per annum, and will receive no daily fee for the first ten days each year.  The daily fee as set out in Table A1A, Column 3, will apply for each day worked in excess of ten days each year.

A36.  Editorial Advisory Board: Subject to a minimum payment of $2,491 per annum.

A37.  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.

A38.  Clause deleted (as per clause 1.4 of Determination 2007/06).

A39. FSANZ: A Member who is the Chair of the Finance, Audit and Risk Management (FARM) Committee will receive an additional $7,120 per annum. A Member who is member of the FARM Committee will receive an additional $3,560 per annum.

Clause A39 effective from 28 November 2006, ref Det 2007/01

A40. DRSC: A Member who is a State/Territory Chair of the DRSC will receive $375 per day and is entitled to Tier 2 Travel.

A41. Tax Agents’ Board:  For the Chairman and Members of the Tax Agents’ Board, in lieu of clause 2.8(a), individual periods of business must be on other than formal meeting days and each period must be for a minimum of six minutes.

SCHEDULE B – PROFESSIONAL COMMITTEES – HEALTH AND AGEING, AND FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS PORTFOLIOS

B1  The Offices in subclause B1.1 are defined as Professional Committees in the Health and Ageing, and Families, Community Services and Indigenous Affairs Portfolios. As determined in Table A1A of Schedule A, the entitlements of these committees are as follows.

• Chair  $725 per day
• Member  $548 per day
• Travel Tier 1

B1.1 Professional Committees

• Acute Care Advisory Committees
• Adverse Drug Reactions Advisory Subcommittee
• Australian Drug Evaluation Committee
• Australian Health Information Council
• Australian Prescriber Executive Editorial Board
• Bioengineering and Biomaterials Subcommittee
• Complementary Medicines Evaluation Committee
• Congenital Abnormalities Subcommittee
• Expert Group on Outpatient Services
• Fractionation Subcommittee of Human Pituitary Advisory Committee
• General Practice Co-ordination Group
• General Practice Education and Training Council
• General Practice Policy Group
• General Practice Recognition Appeals Committee
• General Practice Recognition Eligibility Committees
• Implantable Medical Devices Tracking Sub-committee
• Influenza Vaccine Committee
• Medical Devices Evaluation Committee
• Medical Devices Incident Review Committee
• Medical Services Advisory Committee
• Medical Services Committees of Inquiry
• Medical Services Review Tribunal
• Medicare Participation Review Committees
• Medicines Evaluation Committee
• National Drug Information Advisory Subcommittee
• National Drugs and Poisons Schedule Committee
• National Pathology Accreditation Advisory Council
• Optometrical Services Committee of Inquiry
• Optometrical Services Review Tribunal
• Pathology Services Table Committee
• Pharmaceutical Health and Rational Use of Medicines Committee
• Pharmaceutical Services Committee of Inquiry
• Rural Workforce Agency Evaluation Advisory Committee
• Therapeutic Goods Committee
• Therapeutic Goods Committee, Subcommittee on Child Resistant Packaging

SCHEDULE C – FEES AND ALLOWANCES FOR PRIMARY INDUSTRY AUTHORITIES

General provisions relating to the following table: 

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

• In Columns 2 and 3:

•  an “a” following the dollar amount signifies an Annual Fee applies;
•  a “d” following the dollar amount signifies a Daily Fee applies.

• The additional clauses referred to in Column 4 are listed immediately following the Table.

Table C1A – Primary Industry Authorities – fees and travel tier.  (Rates are effective from 1 July 2006 unless otherwise specified.)

C1. Australian Fisheries Management Authority: A member who is appointed as a Deputy Chair will receive $41,510 per annum.

C2.  Grains Research and Development Corporation:   The Chair of the Finance, Risk and Audit Committee will receive an additional annual fee of $11,870; whilst a member of the same committee will receive an additional annual fee of $5,935.

C3.  Forest and Wood Products Research and Development Corporation:  A member, in addition to his or her annual fee, shall receive a per diem fee of $643, 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.

C4.  Sugar Research and Development Corporation:  A Non-executive Director who sits on of the Audit Committee will receive an additional $7,119 per annum as Chair of the Committee or $3,560 per annum as Member of the Committee.

C5.  Australian Fisheries Management Authority:  A member of the AFMA Selection Committee appointed under section 29(1)(b) of the Fisheries Administration Act 1991 shall be paid a daily fee of $440.

C6.  Research and Development Council:  A member of a Selection Committee appointed under section 126(2)(b) of the Primary Industries and Energy Research and Development Act 1989 shall be paid a daily fee of $440.

C7.  Research & Development Corps:  This entry refers to committees established under the Primary Industries and Energy Research Development Act 1989.

C8.  MACs AFMA: Mr Stuart Richey will be paid an annual fee of $17,200 until 31 March 2008, while Chairman of the Northern Prawn Fishery MAC.

SCHEDULE D – FEES AND ALLOWANCES FOR TORRES STRAIT REGIONAL AUTHORITY

General Provisions relating to the following table:

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;

© 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 2006 unless otherwise specified).

SCHEDULE E – FEES AND ALLOWANCES FOR ABORIGINAL LAND COUNCILS

General Provisions relating to the following table:

• 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 2006 unless otherwise specified.)

Notes to Remuneration Tribunal Determination 2006/12:

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 2006/12:

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