Remuneration Tribunal Determination 2010/11 - Remuneration and Allowances for Holders of Part-Time Public Office

REMUNERATION TRIBUNAL

Determination 2010/11:

As amended.

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

Consolidated as at 19 May 2011 and incorporates amending determinations up to and including 2011/06 – Remuneration and Allowances for Holders of Public Office  

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 Portfolio)

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 August 2010.

1.3            Effect on Earlier Determinations:  This Determination supersedes and revokes in full Determination 2009/14 (as amended) – 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, B, C, D and E apply to the holders of the public offices specified in those schedules.  They are inclusive of the amount necessary to meet any taxation obligation in respect of these fees.

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 2.9 of this Determination, be paid a daily fee as set out in Table 2A below.  These fees are inclusive of the amount necessary to meet any taxation obligation in respect of these fees.

Table 2A: Public Offices not specified in this Determination – Daily Fees
with effect from 1 August 2010.

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 2.9 apply to office-holders covered by clause 2.3 and by Schedules A, B and C, unless otherwise specified.  Clauses 2.5 to 2.9 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 Fees – travelling on non-meeting days: Where an office holder must undertake official travel on a non-meeting day, the chairperson or nominated presiding officer may determine that the office holder is engaged on business of the authority for the period of that travel and is therefore entitled to receive all or part of the appropriate daily fee in accordance with subclause 2.6.1 and 2.6.2.

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

2.10.1 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.

2.10.2 The Chairperson of the SCT must certify the nature, reasonableness and  duration of official business undertaken prior to any payment of fees to such a               person.

2.10.3 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.

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

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

 2.11.1 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.

 2.11.2 The Principal Member of the SSAT is to certify the nature, reasonableness and                             duration of official business undertaken prior to any payment of fees to such a                             person.

 2.11.3 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.

 2.11.4 In addition to fees specified a part-time member shall be paid a cancellation fee                             equivalent to 50 per cent of one day’s fee for the cancellation of all work on a                                           day with fewer than 5 working days’ notice.

 2.11.5 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 August 2010 unless otherwise specified.)

ADDITIONAL CLAUSES TO TABLE A1A

A1. Australia Post: A member who is appointed as a Deputy Chair will receive an additional $9,530 per annum.  A member who is appointed to the Audit Committee will receive an additional $9,530 per annum as member, or $19,040 per annum as Chair, of the Committee.  A member who is appointed to the Board of Postcorp will receive $4,290 per annum.

A2. Australian Broadcasting Corporation (ABC): A member who is appointed as a Deputy Chair will receive $74,770 per annum.

A3. 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 $13,850 per annum.  A member who is a member of the Committee will receive an additional $6,925 per annum.  In lieu of the preceding amounts, the Hon Michael Knight will receive $4,392 per annum for service on Australian Hearing Services Audit and Risk Committee.

A4. ASC Pty Ltd: A Member who is the Chair of the Business Assurance and Security (BAS) Committee will receive an additional $13,300 per annum.  A Member who is member of the BAS Committee will receive an additional $6,660 per annum.

A5. Airservices Australia: A member who is appointed as Deputy Chair will receive an additional fee of $6,923 per annum.

A6. Civil Aviation Safety Authority (CASA) Board: A member who is appointed a Deputy Chair will receive $56,780 per annum.

A7. Commonwealth Scientific and Industrial Research Organisation (CSIRO): An additional per diem payment of $764 shall be paid to members of CSIRO who serve on the boards of subsidiaries/associated commercial enterprises.

A8. Australian Curriculum Assessment and Reporting Authority (ACARA): The Deputy Chair will receive $64,340 per annum, and is entitled to Tier 1 travel.  The Chair and Deputy Chair will receive an additional 50 per cent loading until 1 July 2011 (subject to review).

A9. Various: The Chair is entitled to Tier 1 travel arrangements and Members are entitled to Tier 2 travel arrangements.

A10. Tourism Australia: A member who is appointed as Deputy Chair will receive $55,780 per annum.

A11. Australian Institute for Teaching and School Leadership Ltd (AITSL): The Chair will receive the Chair’s fee plus an additional loading of 50 per cent until 31 December 2010. The Deputy Chair will receive $62,460 per annum plus, until 31 December 2010, an additional loading of 50 per cent. The Deputy Chair is entitled to Tier 1 Travel arrangements.

A12. Innovation Australia: The Chair and Members of the Innovation Australia Board shall only receive     remuneration for one Committee.

A13. Food Standards Australia New Zealand: A Member who is the Chair of the Finance, Audit and Risk Management (FARM) Committee will receive an additional $8,300 per annum.  A Member who is member of the FARM Committee will receive an additional $4,151 per annum.

A14. Various: A member of the named body who is appointed as a Deputy Chair will receive $38,180 per annum.

A15. Export Finance and Insurance Corporation (EFIC): A member who is the Chair of EFIC’s Alliance and Contingent Divestment Implementation Committee will receive an additional pro-rata payment of $8,300 per annum.  A member who is a member of EFIC’s Alliance and Contingent Divestment Implementation Committee will receive an additional pro-rata payment of $4,151 per annum.

A16. Various: A member of the named body who is appointed as a Deputy Chair will receive $28,370 per annum.

A17. Screen Australia: A member who is appointed as a Deputy Chair will receive $25,470 per annum.  A member who is chair of the Audit Committee will receive an additional $8,310 per annum.  A member who is a member of the Audit Committee will receive an additional $4,155 per annum.

A18. Australian Institute of Marine Science: A member who is chair of the Audit Committee will receive an additional $8,300 per annum.  A member who is a member of the Audit Committee will receive an additional $4,151 per annum.

A19. National Disability and Carer Ministerial Advisory Council: A member who is appointed as a Deputy Chair will receive $26,150 per annum.

A20. Various: A member of the named body who is appointed as a Deputy Chair will receive $19,540 per annum.

A21. Classification Review Board: A member who is appointed as a Deputy Convener will receive $747 per day. In addition, when the Deputy Convenor acts as Convenor, he or she will be entitled to the remuneration and other conditions determined for the Convenor.

A22. Australian Learning and Teaching Council: Members serving on the Audit and Risk Management Committee receive an additional $3,389 per annum for the Committee Chair and $2,553 per annum for Committee Members.

A23. Company Auditors and Liquidators Disciplinary Board: The Deputy Chairman will receive $1,044 per diem.  Office holders who qualified under Determination 2005/14 and who decided to retain their previous conditions receive – Chairman, retainer of $10,230 per annum and $1,027 per day; Deputy Chairman, retainer of $8,246 per annum and $1,027 per day and Members, retainer of $3,046 per annum and $847 per day.

A24. Financial Reporting Panel: The Chair rate will apply to a member on any day that the member chairs a Panel.

A25. Tax Practitioners Board (TPB): The maximum fees payable each year to part-time Members of the Tax Practitioners Board are capped at 80% of the sum of the base salary payable each year to a full-time Member.

A26. Specialist Medical Review Council (SMRC): In addition to the relevant daily fee, the Convenor will receive a retainer of $25,060 per annum.  A councillor who is appointed as a presiding councillor under subsection 196ZK(3) of the Veterans’ Entitlements Act 1986 will, in addition to the relevant daily fee, receive a retainer of $16,890 per annum.

A27. 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 $18,280 for the Chairman and $3,060 for the Members.

A28. Repatriation Medical Authority: Retainers of $50,070 for the Chairperson and $33,360 for the Members will be payable.

A29. 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.

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

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

A32. Gene Technology Committees: an Expert Adviser appointed to either the Gene Technology Technical Advisory Committee or the Gene Technology Ethics and Community Consultative Committee will receive $641 per day and is entitled to Tier 1 Travel.

A33. National Film and Sound Archive: A member who is appointed as a Deputy Chair will receive $641 per day.

A34. Seafarers Safety, Rehabilitation and Compensation Authority: A member who is appointed as a Deputy Chair will receive $779 per day.

A35. Social Security Appeals Tribunal (SSAT): The maximum fees payable each year to part-time SSAT Members are capped at 80% of the sum of the base salary determined for full-time Senior Members. A member who is qualified to practise as a medical practitioner shall receive a minimum annual payment of ten times the daily fee.

A36. Deleted

A37. Australian National Council on Drugs: A member who is appointed as a Deputy Chairman will receive $700 per day.

A38. Australian River Company: Mr E G Anson shall receive additional remuneration of $52,270 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 $709 per day.

A39. Editorial Advisory Board: Subject to a minimum payment of $2,907 per annum.

A40. Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections (MACBBVSTI): Members appointed as organisational representatives, such as Federal Parliamentarians and State/Territory Officials, will not receive the travel allowance determined for MACBBVSTI Members if they have an entitlement to travel allowance from a different source.

A41. Military Rehabilitation and Compensation Commission: 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.

SCHEDULE B – PROFESSIONAL COMMITTEES – HEALTH AND AGEING PORTFOLIO

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

• Chair  $847 per day
• Member  $641 per day
• Travel Tier 1

B1.1 Professional Committees

• Advisory Committee on Chemicals Scheduling
• Advisory Committee on Complementary Medicines
• Advisory Committee on Medical Devices
• Advisory Committee on Medicines Scheduling
• Advisory Committee on Prescription Medicines
• Advisory Committee on Non-Prescription Medicines
• Advisory Committee on the Safety of Medicines
• Medical Devices Incident Review Committee
• Medical Services Advisory Committee
• Medicare Participation Review Committees
• National Indigenous Health Equality Council
• National Medicines Policy Committee
• National Pathology Accreditation Advisory Council
• Pathology Services Table Committee
• Pharmaceutical Services Committee of Inquiry
• Therapeutic Goods Committee

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 August 2010 unless otherwise specified.)

C1. Australian Fisheries Management Authority Commission: A member who is appointed as a Deputy Chair will receive $30,940 per annum.

C2. Grains Research and Development Corporation: The Chair of the Finance, Risk and Audit Committee will receive an additional annual fee of $13,850; whilst a member of the same committee will receive an additional annual fee of $6,925.

C3. Rural Industries Research and Development Corporation: The Chair of the Audit Committee will receive an additional annual fee of $8,300; whilst a member of the same Committee will receive an additional annual fee of $4,151.

C4. Sugar Research and Development Corporation: A Non-executive Director who sits on of the Audit Committee will receive an additional $8,300 per annum as Chair of the Committee or $4,151 per annum as Member of the Committee.

C5. Australian Fisheries Management Authority (AFMA): A member of the AFMA Selection Committee appointed under section 141B(1)(b) of the Fisheries Management Act 1991 shall be paid a daily fee of $515.

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 $515.

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

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;

(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 August 2010 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 August 2010 unless otherwise specified.)

Notes to Remuneration Tribunal Determination 2010/11:

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 2010/11:

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