REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2010/21
Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices, and Members of Parliament - Entitlements
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 – FULL-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 10 of 2010 as amended) for the purposes of Part 1 of the Determination.
5. Clauses 1.2 to 1.19 increase the remuneration of full-time office holders associated with the following administrative tribunals: Superannuation Complaints Tribunal, Veterans’ Review Board, Social Security Appeals Tribunal, and the Refugee Review and Migration Review Tribunals. The date of effect is on and from 1 January 2011.
PART 2 – PART-TIME OFFICES
6. Clause 2.1 specifies the Principal Determination (Number 11 of 2010) for the purposes of Part 2 of the Determination.
7. Clauses 2.2 and 2.3 increase the remuneration of members of the Commonwealth Grants Commission, with effect on and from 1 January 2011.
8. Clauses 2.4 to 2.9 increase the remuneration of part-time office holders associated with the following administrative tribunals: the Refugee Review and Migration Review Tribunals, Superannuation Complaints Tribunal, Veterans’ Review Board, and Social Security Appeals Tribunal. The date of effect is on and from 1 January 2011.
9. Clauses 2.10 to 2.14 clarify how daily fees should be calculated with respect to the particular circumstances of part-time SSAT members. They also set out the maximum fee payable each year to members and, for those qualified to practise as medical practitioners, the minimum fee payable each year. A redundant reference to SSAT Medical Members has been removed. The date of effect is on and from 1 January 2011.
PART 3 – JUDICIAL AND RELATED OFFICES – REMUNERATION AND ALLOWANCES
10. Clause 3.1 specifies the Principal Determination (Number 12 of 2010 as amended) for the purposes of Part 3 of the Determination.
11. Clauses 3.2 and 3.3 increase the remuneration of the Administrative Appeals Tribunal and the National Native Title Tribunal office holders specified in Table 2 (Rates of Remuneration – Non-Judicial Offices) of the Determination, with effect on and from 1 January 2011.
12. Clauses 3.4 to 3.7 increase the remuneration of the offices of the Chief Executive and Principal Registrar, High Court of Australia, and the Registrar, Federal Court of Australia, with effect on and from 1 January 2011. They also provide an equal increase in remuneration for the current Chief Executive Officer, Family Court of Australia, in that case by way of a personal loading until the future structure of the family courts is settled. Some attendant changes to the definition of salary for superannuation purposes have been made to make it clear that the loading received by the CEO of the Family Court will count towards superannuation salary.
13. Clauses 3.4 and 3.7 also increase the remuneration of the National Native Title Tribunal office holders who are remunerated in accordance with a Total Remuneration approach, with effect on and from 1 January 2011.
PART 4 – MEMBERS OF PARLIAMENT - ENTITLEMENTS
14. Clause 4.1 specifies the Principal Determination (Number 18 of 2006 as amended) for the purposes of Part 4 of the Determination.
15. Clause 4.2 provides guidance concerning the utilisation of alternative modes of travel for medical reasons.
Authority: Sub-sections 7(1), 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.