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

Administered by Department of Employment and Workplace Relations

Legislation au F2007L03493 Not in force Legislative Instrument

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REMUNERATION TRIBUNAL

 

Explanatory Statement: Determination 2007/14

Remuneration and Allowances for Holders of Public Office

 

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

 

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

 

3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments 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.

 

PART 1 – RECREATION LEAVE

 

4. Clause 1.1 specifies the Principal Determination (Number 9 of 2007) for the purposes of Part 1 of the Determination.

 

5. Clause 1.2 removes the reference to payment in lieu on separation or death from the specific list of matters to which agency policies and practices may be applied.  This has been done to prevent the possible misconception that these policies and procedures can override Clause 2.6 of the Principal Determination, which stipulates the superannuation salary is to be used when making calculations related to payments in lieu of recreation leave.

 

PART 2 – PART-TIME OFFICES

 

6. Clause 2.1 specifies the Principal Determination (Number 10 of 2007) for the purposes of Part 2 of the Determination.

 

7. Clauses 2.2 and 2.3 delete all references to offices associated with four obsolete bodies or authorities.

 

 

 

8. Clauses 2.4 and 2.5 reflect name changes for two bodies.  The associated fees and entitlements are not new or changed.

 

PART 3 – JUDICIAL AND RELATED OFFICES

 

9. Clause 3.1 specifies the Principal Determination (Number 11 of 2007) for the purposes of Part 3 of the Determination.

 

10. Clause 3.2 amends the definition of Total Remuneration to make it clear that payments in lieu of recreation leave and any separation benefits should be excluded from this calculation.

 

11. Clause 3.3 removes a clause specific to the former Chief Executive and Principal Registrar of the High Court, Mr Chris Doogan; causing the renumbering of a subsequent clause relating to the Registrar, National Native Title Tribunal, Mr Chris Doepel.

 

12. Clause 3.4 causes references in a remuneration table to the two clauses relating to Messrs Doogan and Doepel to be deleted and amended respectively.

 

PART 4 – FULL-TIME OFFICES

 

13. Clause 4.1 specifies the Principal Determination (Number 13 of 2007) for the purposes of Part 4 of the Determination.

 

14. Clause 4.2 corrects the reference to the Director General of Security, Australian Security Intelligence Organisation.  According to the Australian Security Intelligence Organisation Act 1979, this is the full title of the office.  The associated fees and entitlements are not new or changed.

 

15. Clauses 4.3 and 4.4 set remuneration for the new office of Executive Director of Township Leasing with effect from 1 July 2007.

 

16. Clauses 4.5 to 4.8 provide that, with effect on and from 3 September 2007, a person holding a dual appointment as Principal Member of the Migration Review Tribunal and the Refugee Review Tribunal will be entitled to Tier 1 travel and will receive an additional amount of Total Remuneration.  This amount is to be included in superannuation salary.

 

17. Clauses 4.9 and 4.10 delete all references to the Reunion Travel provided to the former Principal Member of the Migration Review Tribunal and Refugee Review Tribunal, Mr Steve Karas, with effect on and from 3 September 2007.

 

 

 

 

18. Clause 4.11 provides for an increase in the reunion travel allowance for Mr Tom Calma, the Aboriginal and Torres Strait Islander Social Justice Commissioner.

 

 

Authority: Sub-sections 7(3) and 7(4) of

the Remuneration Tribunal Act 1973.

Overview

The Remuneration Tribunal Act 1973 established the Remuneration Tribunal, empowering it to determine remuneration and related matters for office holders. The Determination 2007/14, made under the authority of this act, addresses various remuneration issues by updating and correcting existing provisions to align with current office titles and practices. This determination seeks to ensure that remuneration calculations and entitlements are accurately applied without causing retrospective disadvantage to any office holder, consistent with the Legislative Instruments Act 2003. The Remuneration Tribunal consulted extensively to inform its decisions, ensuring that the changes reflect contemporary practices and accurately represent the entitlements of public office holders.

Scope and Application

The Remuneration Tribunal has issued a determination under the Remuneration Tribunal Act 1973, governing remuneration and allowances for holders of public office. This determination applies to various categories of office holders, including part-time and full-time roles, as well as judicial and related offices. It operates within the Commonwealth jurisdiction, affecting individuals and entities holding public offices across Australia. The determination corrects and updates various remuneration and allowance details, including the removal of certain references to obsolete bodies, amendments to definitions, and adjustments to specific office entitlements. Notably, it ensures that payments in lieu of recreation leave and separation benefits are excluded from the calculation of total remuneration. The determination also includes specific updates such as the establishment of remuneration for a new office, adjustments for dual appointments, and changes to travel allowances. Importantly, any retrospective application of this determination is governed by the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of persons or impose liabilities on them. This determination is a critical legislative instrument for ensuring clarity and equity in the remuneration and allowances for public office holders across Australia.

Key Provisions

The Remuneration Tribunal has established a determination regarding the remuneration and allowances for holders of public office, pursuant to the Remuneration Tribunal Act 1973. This determination outlines specific changes and clarifications to the remuneration and allowances for various public office holders, as detailed in the explanatory statement. The Tribunal has based its determination on consultations in line with established practices, and any retrospective application of this determination does not adversely affect the rights of individuals, as stipulated in subsection 12(2) of the Legislative Instruments Act 2003. The determination imposes certain obligations and requirements on the parties involved. For instance, Clause 1.2 removes the reference to payment in lieu on separation or death from the specific list of matters to which agency policies and practices may be applied. This is to ensure that these policies and procedures do not override Clause 2.6 of the Principal Determination, which stipulates that the superannuation salary should be used when making calculations related to payments in lieu of recreation leave. Similarly, Clauses 2.4 and 2.5 reflect name changes for two bodies, while maintaining the associated fees and entitlements. The determination also amends the definition of Total Remuneration in Clause 3.2, making it clear that payments in lieu of recreation leave and any separation benefits should be excluded from this calculation. The determination includes provisions for specific offences, penalties, or civil/criminal consequences for breach. However, the explanatory statement does not explicitly mention any penalties or consequences for non-compliance with the determination. The focus of the determination appears to be on clarifying and updating remuneration and allowances for public office holders, rather than imposing penalties for non-compliance. Nevertheless, any breach of the legislation or determination could potentially lead to legal consequences, depending on the specific circumstances and applicable laws.

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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.