Overview

The Remuneration and Allowances for Holders of Public Office including Judicial and Related Offices Determination 2014/13, made under the Remuneration Tribunal Act 1973, was enacted to address the need for a comprehensive review and adjustment of remuneration and allowances for various public office holders. This determination was made by the Remuneration Tribunal, an independent statutory body established to ensure that remuneration and allowances for public office holders are fair and reasonable. The overarching policy objective of this legislation is to maintain a remuneration system that is competitive and equitable, thereby ensuring that public office holders are adequately compensated for their roles and responsibilities. This determination encompasses full-time and part-time offices, as well as judicial and related offices, and it includes provisions for accommodation and reunion travel allowances, recreation leave, and other related matters. The determination aims to reflect changes in roles, responsibilities, and organizational structures, ensuring that remuneration remains aligned with the duties and expectations of each office.

Scope and Application

The Remuneration Tribunal Determination 2014/13, under the Remuneration Tribunal Act 1973, sets out the remuneration and allowances for various full-time and part-time office holders, including judicial and related offices, across different parts of the Commonwealth. This determination applies to a broad range of office holders, including but not limited to, the Chief Executive Officer of the Australian Sports Anti-Doping Authority, the Administrator of Norfolk Island, and members of the Australia Council. It also addresses the remuneration of part-time roles such as those within the Australia Council Audit and Finance Standing Committee, Sector Strategy Panels, and Peer Assessment Panel. The geographic reach of this legislation is national, as it pertains to federal public office holders. The Tribunal has ensured that any retrospective application of this determination does not adversely affect the rights of any individual, other than the Commonwealth or its authorities, and does not impose any new liabilities on them. While the primary act and determination cover the remuneration of specified office holders, further details and specific exclusions or exemptions are addressed in subordinate instruments that may extend or restrict the application of the primary legislation.

Key Provisions

The Remuneration Tribunal has made a determination under the Remuneration Tribunal Act 1973, which sets out remuneration and allowances for certain office holders (Clause 1(1)). This determination is broken down into three parts: full-time offices (Part 1), part-time offices (Part 2), and judicial and related offices (Part 3). In Part 1, Clause 1.1 specifies the Principal Determination (Number 12 of 2014) for full-time offices. Clauses 1.2 to 1.15 set remuneration and allowances for various offices, including the new office of Student Identifiers Registrar, and make changes to existing provisions for the Australian Sports Anti-Doping Authority and the Norfolk Island Administrator. In Part 2, Clause 2.1 specifies the Principal Determination (Number 8 of 2014) for part-time offices. Clauses 2.2 to 2.14 set remuneration for various offices, including the Australia Council, the National Film and Sound Archive, and the Australian Grape and Wine Authority, and make changes to existing provisions for the Defence Force Advocate. In Part 3, Clause 3.1 specifies the Principal Determination (Number 9 of 2014) for judicial and related offices. Clauses 3.2 to 3.7 include new provisions on remuneration packaging, superannuation, vehicles, business support, and payments on separation, and modify definitions of Employer Superannuation Contribution and Reference Salary. The Remuneration Tribunal has a duty to inquire into and determine remuneration and allowances for office holders under the Remuneration Tribunal Act 1973. In making this determination, the Tribunal consulted in accordance with established practice. The determination sets out remuneration and allowances for various offices, including new offices and restructured bodies, and makes changes to existing provisions for certain office holders. The determination also includes new provisions on remuneration packaging, superannuation, vehicles, business support, and payments on separation. The determination sets out remuneration and allowances for various offices, including new offices and restructured bodies, and makes changes to existing provisions for certain office holders. For example, Clause 1.9 and 1.10 set accommodation and reunion travel allowances for Mr Ben McDevitt, Chief Executive Officer, Australian Sports Anti-Doping Authority, and Clause 1.12 sets Reunion Travel allowance for the incoming Administrator, Norfolk Island. The determination also includes new provisions on remuneration packaging, superannuation, vehicles, business support, and payments on separation, which provide greater flexibility for office holders and consistency with other public office holders. The determination 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. However, failure to comply with the determination may result in legal consequences, such as fines or imprisonment, depending on the specific provisions of the Remuneration Tribunal Act 1973 and any relevant legislation. The maximum penalties for breach of the Act are not specified in the determination, but may include fines of up to $21,000 for individuals and $105,000 for bodies corporate, as well as imprisonment for up to two years. Additionally, any person who suffers loss or damage as a result of a breach of the Act may be entitled to compensation.