Remuneration Tribunal Determination 2007/09 - Recreation leave for Full-Time Holders of Relevant Offices

Administered by Department of the Prime Minister and Cabinet

Legislation au F2007L01760 Not in force Legislative Instrument

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REMUNERATION TRIBUNAL

 

Determination 2007/09:

Recreation Leave for Full-Time Holders of Relevant Offices

 

As amended.

 

Made under sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.

 

Consolidated as at 31 August 2007 and incorporates amending determinations up to and including 2007/14 - Remuneration and Allowances for Holders of Public Office

 

 

This Determination sets out the provisions for annual leave for recreational purposes –

Recreation Leave.  Where enabling legislation for a full-time Office Holder provides for recreation leave entitlements to be determined by the Tribunal, the provisions of this Determination apply to the extent specified in this Determination.  The Determination does not apply to some office holders covered by the Tribunal. The Tribunal does not determine Recreation Leave for part-time office holders.

Part 1 – General;

Part 2 – Recreation leave and related matters.

 

PART 1 – GENERAL

 

1.1            Authority:  This Determination is issued pursuant to subsection 7(3AA) of the Remuneration Tribunal Act 1973.

 

1.2            Effective Date:  This Determination takes effect on and from 1 October 2006.

 

1.3            Effect on Earlier Determinations:  This Determination supersedes Determination 2002/20 (as amended) - Recreation Leave for Full-Time Holders of Relevant Offices, which ceased to have effect on 1 October 2006.

 

1.4            Definitions:  For the purposes of this Determination the following definitions apply.

 

1.4.1  ‘Act’ means the Remuneration Tribunal Act 1973 as amended.

 

1.4.2  ‘Office Holder’ means the full-time holder of a Relevant Office.

 

1.4.3  ‘Public Office’ has the same meaning as s3 of the Act.

 

1.4.4  ‘Relevant Authority’ means, (in accordance with s7(3AC) and s7(3AD) of the Act):

  • the person, authority or body, or a delegate of the person, authority or body, who may, under a law of the Commonwealth, grant leave of absence other than recreation leave to the holder of that office; or
  • the Minister with portfolio responsibility for the Relevant Office, where the preceding provision does not apply.

 

1.4.5  ‘Relevant Office’ means a Public Office in relation to which a law of the Commonwealth provides that the holder of the office has such recreation leave entitlements as are determined by the Remuneration Tribunal (refer s7(3AB) of the Act).

 

1.4.6  ‘Specified Statutory Officer’ has the same meaning as in the Principal Determination entitled “Specified Statutory Officers – Remuneration and Allowances”.

 

1.5            Coverage:  This determination applies to an Office Holder[1] (as defined above) including Specified Statutory Officers[2], where their enabling legislation provides for the Remuneration Tribunal to determine Recreation Leave.  Office holders covered by the Principal Determination entitled ‘Judicial and Related Offices’ are excluded from this determination[3].

 

PART 2 –RECREATION LEAVE AND RELATED MATTERS

 

2.1 Accrual of Recreation Leave:  For each completed 12 months of service, there accrues to an Office Holder a credit of four weeks Recreation Leave, to be paid at the Office Holder’s normal weekly salary.  This leave accrues on a pro rata basis.

 

2.2 Credits prior to appointment:  Where on or after appointment to a Relevant Office, an Office Holder elects to resign under any other employing Act of the Commonwealth, and has not received payment in lieu for the recreation leave credit held immediately before the date of resignation, the Office Holder shall be taken, on the date of effect of the resignation, to have accrued an equivalent credit of recreation leave under this Determination.  The credit taken to have accrued under this clause shall be taken to have accrued on the date when it accrued while the office holder was employed under the other employing Act.

 

2.3 Credits under earlier Determinations:  All entitlements to recreation leave which, at the date of this Determination have accrued under a prior determination but have not been taken will be recognised as accrued entitlements for the purposes of this Determination.

 

2.4 Administration of Recreation Leave:  Subject to clause 2.5, leave accrued under this Determination will be administered in accordance with the annual leave or recreation leave (however described) policies and practices applying generally to employees in the agency to which the Office Holder is attached.  Where there are specific policies and practices for SES (or equivalent) employees in the agency, those will apply to office holders.

 

2.4.1 The application of agency policies and practices in relation to the leave includes provisions (if any) relating to matters such as: limitations on credits accrued; deeming on leave provisions; sickness while on approved leave; cashing out of some credits; but excludes any provision which would have the effect of providing additional Recreation Leave.  Any deeming on leave provisions will not apply to Specified Statutory Officers.

 

2.5 Approval of leave:  Taking of Recreation Leave under this Determination shall be subject to approval by the Relevant Authority.

 

2.6 Payment in lieu:  Where an office holder is eligible for a payment in lieu of recreation leave, the rate of remuneration used for calculating an entitlement is to be the same as the office holder’s salary for superannuation purposes.


Notes to Remuneration Tribunal Determination 2007/09:

Recreation Leave for Full-Time Holders of Relevant Offices

 

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

 

 

 

Title

 

Date of FRLI registration

 

Date of commencement

Application, saving or transitional provisions

2007/14 - Remuneration and Allowances for Holders of Public Office

31/8/2007

F2007L03493

1/09/2007

-

 

 

 

-

 


Notes to Remuneration Tribunal Determination 2007/09:

Recreation Leave for Full-Time Holders of Relevant Offices

 

Table of Amendments

 

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

Provision affected

How affected

Part 2

 

Clause 2.4.1

am 2007/14

 

 

 

 

 

 

 

 

[1] Principal Executive Offices are not ‘public offices’ under the Act - refer to the PEO Determination.

[2] The Remuneration Tribunal does not have the power to determine recreation leave entitlements for the Chief of the Defence Force and the Australian Statistician.

[3] The Judicial and Related Offices Determination contains Recreation Leave provisions.

Overview

The Remuneration Tribunal Determination 2007/09, made under the Remuneration Tribunal Act 1973, was enacted to address the need for standardised provisions on recreation leave for full-time holders of relevant public offices within the Commonwealth. The Remuneration Tribunal, an independent statutory body, was established by the Act to determine remuneration and allowances for public office holders, thereby ensuring that such remuneration remains competitive, fair, and reflective of the responsibilities of the office. The policy objective behind this Determination is to provide clarity and consistency in the accrual, administration, and approval of recreation leave for eligible full-time office holders, ensuring that their leave entitlements are managed in a manner comparable to that of other Commonwealth employees. The Determination sets out the accrual of leave, the recognition of prior credits, and the administration processes while specifying that it does not apply to part-time office holders or those covered by other specific Determinations.

Scope and Application

The Remuneration Tribunal Determination 2007/09, issued under the Remuneration Tribunal Act 1973, governs the annual recreational leave, referred to as Recreation Leave, for full-time holders of relevant Commonwealth offices. This Determination applies to individuals who hold a Relevant Office, defined as a public office for which the holder's recreation leave entitlements are determined by the Remuneration Tribunal, as per the enabling legislation. Notably, this Determination does not apply to part-time office holders nor to those covered by the Judicial and Related Offices Determination, which has its own provisions for Recreation Leave. The Determination sets out the accrual and administration of Recreation Leave, including the process for taking leave and the payment in lieu of leave, and it applies to Specified Statutory Officers. The application of the Determination is contingent on the enabling legislation for each office, and it incorporates amendments made through subordinate instruments such as the 2007/14 - Remuneration and Allowances for Holders of Public Office. This Determination came into effect on 1 October 2006, superseding previous Determinations and is subject to registration under the Legislative Instruments Act 2003.

Key Provisions

The Remuneration Tribunal Determination 2007/09, which is made under the Remuneration Tribunal Act 1973, establishes the rules for recreation leave for full-time holders of relevant offices. This Determination applies to full-time office holders whose enabling legislation allows the Tribunal to determine their recreation leave entitlements, and it came into effect on 1 October 2006, superseding the previous Determination 2002/20. Notably, this Determination does not apply to part-time office holders or to those covered under the Judicial and Related Offices Determination. Under this Determination, full-time office holders accrue four weeks of recreation leave for each completed 12 months of service. This leave is paid at the holder's normal weekly salary and accrues on a pro rata basis. If an office holder resigns from another Commonwealth employing act without receiving payment in lieu for their recreation leave credit, they are deemed to have accrued an equivalent credit under this Determination. Any recreation leave entitlements accrued under prior determinations but not yet taken will be recognised as accrued entitlements under this new Determination. The administration of recreation leave will generally follow the annual leave or recreation leave policies and practices of the agency to which the office holder is attached, including any specific policies for senior executive service (SES) or equivalent employees. However, the application of these policies excludes any provision that would provide additional recreation leave, and deeming on leave provisions do not apply to specified statutory officers. The Determination imposes certain obligations on office holders and the relevant authorities. Office holders must ensure their recreation leave is accrued and managed in accordance with the Determination, including any agency-specific policies. Relevant authorities must approve the taking of recreation leave by office holders. Additionally, when calculating a payment in lieu of recreation leave, the rate of remuneration must be the same as the office holder's salary for superannuation purposes. Failure to comply with the provisions of this Determination could result in various consequences. However, the specific offences, penalties, or consequences for breach are not detailed within the Determination itself. Generally, breaches of legislative instruments can lead to civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties might include fines, while criminal penalties could involve imprisonment or significant fines, depending on the jurisdiction and the specific breach. The exact penalties would need to be referred to in the relevant enabling legislation or other applicable laws.

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