Remuneration Tribunal Determination 2014/04 - Remuneration and Allowances for Holders of Public Office including Judicial and Related Offices

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Legislation au F2014L00423 Not in force Legislative Instrument

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REMUNERATION TRIBUNAL

 

Explanatory Statement: Determination 2014/04

Remuneration and Allowances for Holders of Public Office including Judicial and Related Offices

1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for certain 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.

 

Contents

PART 1 – FULL-TIME OFFICES

PART 2 – PART-TIME OFFICES

PART 3 – JUDICIAL AND RELATED OFFICES

 

PART 1 – FULL-TIME OFFICES

4. Clause 1.1 specifies the Principal Determination (Number 10 of 2013 as amended) for the purposes of Part 1 of the Determination.

5. Clause 1.2 sets an accommodation allowance for the new Human Rights Commissioner.

6. Clause 1.3 sets a reunion allowance for the new Human Rights Commissioner.

7. Clause 1.4 sets the date of effect of Clauses 1.2 and 1.3.

PART 2 – PART-TIME OFFICES

8. Clause 2.1 specifies the Principal Determination (Number 3 of 2014) for the purposes of Part 2 of the Determination.

9. Clause 2.2 removes all reference to the Tasmanian Freight Equalisation Scheme Review Authority. This body has been abolished.

10. Clause 2.3 corrects a reference to a Clause number in Clause 7.1.

11. Clause 2.4 sets the date of effect of Clause 2.3.

12. Clause 2.5 sets remuneration for the newly established office of Presiding Member of the Australian Grape and Wine Authority Selection Committee.

 

13. Clause 2.6 sets increased person-specific remuneration for Mr Andrew Fraser, Director of Moorebank Intermodal Terminal (IMT).

14. Clause 2.7 sets increased person-specific remuneration for Mr Craig Knowles, Chair of the Murray-Darling Basin Authority.

15. Clause 2.8 corrects the definition of the additional remuneration determined for Mr Mark Darras, Chair of the Telecommunications Universal Service Management Agency.

16. Clause 2.9 sets the date of effect of Clauses 2.6, 2.7 and 2.8 as at 1 March 2014.

PART 3 – JUDICIAL AND RELATED OFFICES

17. Clause 3.1 specifies the Principal Determination (Number 12 of 2013 as amended) for the purposes of Part 3 of the Determination.

18. Clause 3.2 removes an unnecessary heading from Part 2 of the Principal Determination.

19. Clause 3.3 clarifies the preamble to Clause 2.5, to define more clearly to whom the clause refers.

20. Clause 3.4 amends clause 2.5.5 of the Principal Determination, to ensure that part-time members of the AAT can be paid daily fees or annual fees but not both.

21. Clause 3.5 introduces a new clause which has a provision to pay annual fees rather than daily fees to part-time AAT members who come to an agreement with the AAT President to establish a set work pattern, and sets out the provisions relating to the payment of an annual fee.  The subclauses define those members to whom the annual fee will apply.

22. Clause 3.6 amends a clause relating to loss of office provisions, in recognition that there are now part-time office holders in the Principal Determination paid by way of annual fees.

23. Clause 3.7 amends the title of Table 2, to clarify that remuneration for part-time office holders paid by way of annual fees is not included in that Table.

24. Clause 3.8 introduces a new Table, which sets the level of remuneration for those AAT Members paid by way of annual fees.

25. Clause 3.9 expands the provision in which AAT Members were paid a portion of their daily fee when their cases were cancelled at short notice, to ensure that this also covers the circumstance where a case does not proceed when the member is already in attendance.

 

 

Authority: Subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.

 


 

Overview

The Remuneration Tribunal Act 1973 was enacted to address the need for a structured approach to determining the remuneration and allowances for holders of public office, including judicial and related offices. This Act empowers the Remuneration Tribunal to conduct inquiries and make determinations on remuneration matters, ensuring that office holders are appropriately compensated for their roles. The policy objective of the Act is to establish a fair and transparent framework for setting remuneration, thereby maintaining the integrity and efficiency of public service. The Act was enacted by the Commonwealth Parliament, reflecting a commitment to providing clear guidelines on the financial compensation of public officials. In this context, the explanatory statement for Determination 2014/04 details the Tribunal's recent determinations, which include setting allowances for new and existing office holders, correcting previous errors, and introducing new provisions for part-time Administrative Appeals Tribunal members to be paid annual fees rather than daily fees.

Scope and Application

The Remuneration Tribunal Determination 2014/04, established under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for various office holders, including full-time, part-time, and judicial and related offices. The Act applies to these office holders, detailing allowances and remuneration specifics, and ensures the Tribunal's determinations do not adversely affect individuals' rights as per the Legislative Instruments Act 2003. This legislation has a Commonwealth reach, governing remuneration across federal offices and authorities. The scope includes setting allowances for the Human Rights Commissioner, adjusting remuneration for specific part-time positions, and modifying payment structures for part-time Administrative Appeals Tribunal (AAT) members. Notably, the Act excludes certain bodies, such as the Tasmanian Freight Equalisation Scheme Review Authority, which has been abolished, and includes provisions for annual fees for part-time AAT members under specific conditions. The application of this Act may be extended or restricted through subordinate instruments, ensuring flexibility in remuneration adjustments as necessary.

Key Provisions

The Remuneration Tribunal has issued a determination under the Remuneration Tribunal Act 1973, establishing remuneration and allowances for certain office holders. This determination is divided into three parts, each addressing different categories of office holders: full-time offices, part-time offices, and judicial and related offices. Clause 1.1 (Part 1) references the Principal Determination (Number 10 of 2013 as amended) for full-time office holders, while Clause 2.1 (Part 2) specifies the Principal Determination (Number 3 of 2014) for part-time offices. Clause 3.1 (Part 3) refers to the Principal Determination (Number 12 of 2013 as amended) for judicial and related offices. The determination imposes various obligations on the parties and entities it governs. For full-time office holders, Clauses 1.2 and 1.3 establish specific allowances for the new Human Rights Commissioner, including an accommodation allowance and a reunion allowance, with the changes taking effect from the date specified in Clause 1.4. For part-time office holders, Clause 2.2 removes references to the now-abolished Tasmanian Freight Equalisation Scheme Review Authority, while Clauses 2.5 to 2.8 set remuneration for new and existing part-time office holders, such as the Presiding Member of the Australian Grape and Wine Authority Selection Committee and the Chair of the Murray-Darling Basin Authority. Clause 2.9 specifies the date of effect for these changes. For judicial and related offices, Clause 3.2 removes an unnecessary heading, and Clauses 3.3 to 3.9 amend and clarify various provisions regarding the payment of fees to part-time Administrative Appeals Tribunal (AAT) members, including the introduction of a new clause for those who agree to a set work pattern. There are no explicit offences, penalties, or civil or criminal consequences mentioned within the text of the determination. However, the authority to make such determinations is derived from Subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973, which likely provides the legal basis for enforcing compliance with the determinations issued. The retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of individuals or impose any liability on them.

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Remuneration and Allowances
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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.