Remuneration Tribunal Determination 2011/09 - Remuneration and Allowances for Holders of Part-Time Public Office

REMUNERATION TRIBUNAL

Determination 2011/09:

As amended.

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

Consolidated as at 1 June 2012 and incorporates amending determinations up to and including 2012/08 – 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 July 2011.

1.3            Effect on Earlier Determinations:  This Determination supersedes and revokes in full Determination 2010/11 (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 2.10;

‘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 2.10 to 2.14 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 July 2011.

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 base and meeting fees

2.4            Application:  The provisions of clauses 2.5 to 2.8 apply to office-holders covered by Table A2A.  Clauses 2.9 to 2.14 do not apply to offices covered by Table A2A.

2.5            Base fee:  The base fee is an annual fee payable on a periodic basis throughout each year.  Part years are paid on a proportionate basis. The base fee covers all activities undertaken on behalf of the authority, except formal meetings of the authority.  Committee work including audit committee membership is included in the base fee.

2.6            Meeting fee:  The daily meeting fees specified in Table A2A are payable only in respect of formal meetings of the prescribed authority, requiring attendance for a full day, or more than one day, of at least 5 hours on each day.  Formal meeting attendance for each member must be certified by the Chair or nominated presiding officer.

2.7            Maximum number of meetings:  For each office a cap on the total number of meeting days of the authority each calendar year, for which a meeting fee is payable, is specified in Table A2A.  Meeting fees are not payable for meetings above the cap.

2.8            Exclusions:  No meeting fee is payable in respect of part-day meetings, preparation or travel time, committee meetings, formal dinners, teleconferences, representational activities or other business of the authority.  The base fee covers those activities.  There is no payment in respect of aggregation of part-day work of any kind.

Conditions of payment of daily fees

2.9            Application:  The provisions of clauses 2.10 to 2.14 apply to office-holders covered by clause 2.3 and by Schedules A (Table A1A only), B and C, unless otherwise specified.  Clauses 2.10 to 2.14 do not apply to Schedules D and E.

2.10        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.

2.11        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.

2.11.1     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.

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

2.12        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 2.11.1; and

(e) preparation time shall only be included in accordance with clause 2.10.

2.13        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 2.11.1; and

(e) preparation time shall only be included in accordance with clause 2.10.

2.14 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 2.11.1 and 2.11.2.

2.15 Daily Fee – Superannuation Complaints Tribunal (SCT): The following sub-clauses               apply, (and clauses 2.4 to 2.8 and clauses 2.10 to 2.14 do not apply) in relation to a               person who holds an               office as a member of the SCT on a part-time basis.

2.15.1 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.

2.15.2 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.

2.15.3 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.

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

2.16 Daily Fee – Social Security Appeals Tribunal (SSAT): The following sub-clauses apply, (and clauses 2.4 to 2.8 and clauses 2.10 to 2.14 do not apply) in relation to a person who holds an office as a member of the SSAT on a part-time basis.

 2.16.1 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.

 2.16.2 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.

 2.16.3 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.

 2.16.4 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.

 2.16.5 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

Table A1A – Specified offices – annual and daily fees and travel tier. (Rates are effective from 1 July 2011 unless otherwise specified.)

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.

ADDITIONAL CLAUSES TO TABLE A1A

A1. Australia Post: A member who is appointed as a Deputy Chair will receive an additional $9,820 per annum.  A member who is appointed to the Audit Committee will receive an additional $9,820 per annum as member, or $19,620 per annum as Chair, of the Committee.  A member who is appointed to the Board of Postcorp will receive $4,420 per annum.

A2. Australian Broadcasting Corporation (ABC): A member who is appointed as a Deputy Chair will receive $77,020 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 $14,270 per annum.  A member who is a member of the Committee will receive an additional $7,135 per annum.  In lieu of the preceding amounts, the Hon Michael Knight will receive $4,524 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 $13,700 per annum.  A Member who is member of the BAS Committee will receive an additional $6,850 per annum.

A5. Airservices Australia: A member who is appointed as Deputy Chair will receive an additional fee of $7,135 per annum.

A6. Civil Aviation Safety Authority (CASA) Board: A member who is appointed a Deputy Chair will receive $58,490 per annum.

A7. Commonwealth Scientific and Industrial Research Organisation (CSIRO): An additional per diem payment of $787 shall be paid to members of CSIRO who serve on the boards of subsidiaries/associated commercial enterprises.

A8. Various: The Chair is entitled to Tier 1 travel arrangements. Members/Directors are entitled to Tier 2 travel arrangements.

A9. Tourism Australia: A member who is appointed as Deputy Chair will receive $57,460 per annum.

A10. Australian Institute for Teaching and School Leadership Ltd (AITSL): The Deputy Chair will receive $64,340 per annum. The Deputy Chair is entitled to Tier 1 Travel arrangements.

A11. Innovation Australia: The Chair and Members of the Innovation Australia Board shall only receive     remuneration for one Committee.

A12. Food Standards Australia New Zealand: A Member who is the Chair of the Finance, Audit and Risk Management (FARM) Committee will receive an additional $8,550 per annum.  A Member who is member of the FARM Committee will receive an additional $4,275 per annum.

A13. Various: A member of the named body who is appointed as a Deputy Chair will receive $39,330 per annum.

A14. 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 $8,550 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 $4,275 per annum.

A15. Various: A member of the named body who is appointed as a Deputy Chair will receive $29,230 per annum.

A16. Screen Australia: A member who is appointed as a Deputy Chair will receive $26,240 per annum.  A member who is chair of the Audit Committee will receive an additional $8,560 per annum.  A member who is a member of the Audit Committee will receive an additional $4,280 per annum.

A17. Australian Institute of Marine Science: A member who is chair of the Audit Committee will receive an additional $8,550 per annum.  A member who is a member of the Audit Committee will receive an additional $4,275 per annum.

A18. National Health Performance Authority: The Deputy Chair will receive $30,000 per annum.

A19. Various: A member of the named body who is appointed as a Deputy Chair will receive $20,130 per annum.

A20. Classification Review Board: A member who is appointed as a Deputy Convener will receive $770 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.

A21. Deleted.

A22. Company Auditors and Liquidators Disciplinary Board: The Deputy Chairman will receive $1,076 per diem.  Office holders who qualified under Determination 2005/14 and who decided to retain their previous conditions receive – Chairman, retainer of $10,540 per annum and $1,058 per day; Deputy Chairman, retainer of $8,494 per annum and $1,058 per day and Members, retainer of $3,138 per annum and $873 per day.

A23. Financial Reporting Panel: The Chair rate will apply to a member on any day that the member chairs a Panel.

A24. 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.

A25. Specialist Medical Review Council (SMRC): In addition to the relevant daily fee, the Convenor will receive a retainer of $25,820 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 $17,400 per annum.

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 $18,830 for the Chairman and $3,152 for the Members.

A27. Repatriation Medical Authority: Retainers of $51,580 for the Chairperson and $34,370 for the Members will be payable.

A28. 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.

A29. Migration Review Tribunal: Members of the Migration Review Tribunal receive a daily fee for seven hours work (which may be cumulative over several days).

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

A31. 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 $661 per day and is entitled to Tier 1 Travel.

A32. National Film and Sound Archive: A member who is appointed as a Deputy Chair will receive $661 per day.

A33. Seafarers Safety, Rehabilitation and Compensation Authority: A member who is appointed as a Deputy Chair will receive $803 per day.

A34. 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.

A35. Australian National Council on Drugs: A member who is appointed as a Deputy Chairman will receive $721 per day.

A36. Australian River Company: Mr E G Anson shall receive additional remuneration of $53,840 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 $731 per day.

A37. Editorial Advisory Board: Subject to a minimum payment of $2,995 per annum.

A38. 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.

A39. 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.

A40. Australian Curriculum Assessment and Reporting Authority (ACARA): The Deputy Chair will receive $66,280 per annum, and is entitled to Tier 1 Travel.

A41. Examiner, Australian Crime Commission: The maximum amount an Examiner who is paid by way of daily fees can be paid in one year is $200,890.

A42. Commonwealth Superannuation Corporation (CSC):  The Chair will receive an additional loading of $15,620 until 30 June 2012. The Director will receive $58,980 per annum and an additional loading of $7,810 until 30 June 2012.

A43.  Australian Solar Institute (ASI): A director who is chair of the Audit and Risk Committee will receive an additional $5,000 per annum. A member who is a member of the Audit and Risk Committee will receive an additional $2,000 per annum.

A44. Murray-Darling Basin Authority: While Mr Craig Knowles occupies the office of Chair, he will receive an annual fee of $65,431.

A45. NBN Co Limited: A member who is appointed as Deputy Chair will receive an additional fee of $60,590 per annum. The Deputy Chair is entitled to Tier 1 Travel arrangements.

Table A2A – Specified offices – base and meeting fees and travel tier. (Rates are effective from the date specified.)

General provisions relating to the following table: 

• The fees set out in Table A2A below are payable in accordance with the conditions of this Determination to the holders of the relevant office.
• The additional clauses referred to in Column 4 are listed immediately following the Table.

ADDITIONAL CLAUSES TO TABLE A2A

A2A-1.  Indenepdent Assessor – Special Building Industry Powers: The base fee includes payment for the first 20 full days of work, in any given financial year, where a day is an aggregate of at least 7 hours, after which a daily fee of $800 per day of work would apply.

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  $873 per day
• Member  $661 per day
• Travel Tier 1

B1.1 Professional Committees

• Advisory Committee for Biologicals
• 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 Medical Devices
• Advisory Committee on the Safety of Medicines
• Australian Commission on Safety and Quality in Health Care – Expert Committees
• Medicare Participation Review Committees
• National Aboriginal and Torres Strait Islander 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 July 2011 unless otherwise specified.)

C1. Australian Fisheries Management Authority Commission: A member who is appointed as a Deputy Chair will receive $31,870 per annum.

C2. Grains Research and Development Corporation: The Chair of the Finance, Risk and Audit Committee will receive an additional annual fee of $14,270; whilst a member of the same committee will receive an additional annual fee of $7,135.

C3. Rural Industries Research and Development Corporation: The Chair of the Audit Committee will receive an additional annual fee of $8,550; whilst a member of the same Committee will receive an additional annual fee of $4,275.

C4. Sugar Research and Development Corporation: A Non-executive Director who sits on of the Audit Committee will receive an additional $8,550 per annum as Chair of the Committee or $4,275 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 $531.

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 $531.

C7. Research & Development Corps: This entry refers to committees established under the Primary Industries and Energy Research and 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 July 2011 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 2011 unless otherwise specified.)

Notes to Remuneration Tribunal Determination 2011/09:

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 2011/09:

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