Overview

The Remuneration Tribunal Determination 2014/18 was enacted in 2014 under the authority of the Remuneration Tribunal Act 1973, and it aims to set and regulate the remuneration and allowances for various public office holders including those in judicial and related offices. This legislation was introduced to address the need for a transparent and systematic approach to determining the salaries of individuals holding significant public positions. The Australian Parliament enacted this legislation to ensure that the remuneration of public officials is fair, reasonable, and reflective of the responsibilities and duties associated with their roles. The policy objective is to maintain appropriate standards of living for office holders while ensuring the efficient allocation of public resources. This determination was made through consultation in accordance with the established practice of the Tribunal, ensuring that the remuneration set is both equitable and reflective of current market conditions and responsibilities.

Scope and Application

The Remuneration Tribunal Determination 2014/18, made under the authority of the Remuneration Tribunal Act 1973, outlines the remuneration and allowances for various holders of public office, including full-time, part-time, and judicial and related offices. This determination applies to specific office holders as identified in the clauses, setting their base salaries and other remuneration details. The Tribunal has exercised its powers to specify these remuneration details following consultations in line with established practices, ensuring that the rights of affected persons are not adversely impacted by any retrospective applications, in accordance with subsection 12(2) of the Legislative Instruments Act 2003. This 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. The application of this determination is specific to the offices and individuals mentioned, and it does not extend to other public office holders unless explicitly included in subsequent amendments or subordinate instruments.

Key Provisions

The Remuneration Tribunal has determined remuneration and allowances for holders of public office through Clause 1.1 of the Determination, which specifies the Principal Determination (Number 12 of 2014 as amended) for full-time offices (Clause 4). Clauses 1.2 and 1.3 specify a person-specific base salary for the incoming Director-General of Security, Australian Security Intelligence Organisation (Clause 5). Similarly, Clauses 1.4 and 1.5 set a person-specific base salary for the incoming Chief Executive Officer, Comcare (Clause 6). Clause 1.6 removes person-specific total remuneration and Tier 1 travel arrangements previously determined for Patricia Scott but retains a person-specific base salary for her new appointment, with the date of effect specified in Clause 1.7 (Clause 7 and 8). The obligations imposed by the Determination include setting specific remuneration for various office holders, which must be adhered to by the relevant authorities. For instance, Clause 2.1 specifies the Principal Determination (Number 8 of 2014 as amended) for part-time offices (Clause 9). Clause 2.2 sets remuneration for the Chair, Deputy Chair, and Directors of the Coal Mining Industry (Long Service Leave Funding) Corporation (Clause 10). Clause 2.3 indicates the date of effect for these changes (Clause 11). Clause 2.4 increases remuneration for the Chair, Deputy Chair, and Members of the Board of the Australian Nuclear Science and Technology Organisation (Clause 12). Clause 2.5 clarifies a reference to an office in Defence Families of Australia, while Clause 2.6 sets remuneration for the referred offices of National Delegates, National Communications Officer, and National Policy Officer of Defence Families of Australia (Clauses 13 and 14). Clause 2.7 sets the date of effect for Clauses 2.5 and 2.6 (Clause 15). Clause 3.1 specifies the Principal Determination (Number 9 of 2014 as amended) for judicial and related offices (Clause 16). Clause 3.2 further clarifies the use of 'Reference Salary' for payment in lieu of leave on separation (Clause 17). The Authority for these determinations is provided by Subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973. The Determination also includes provisions for potential offences, penalties, and civil/criminal consequences for breach, although specific penalties are not detailed in the text provided. Non-compliance with the set remuneration could potentially lead to legal repercussions, as the Determination is grounded in the Remuneration Tribunal Act 1973. It is important for the relevant authorities to ensure adherence to these provisions to avoid any adverse legal outcomes.