Remuneration Tribunal Determination 2014/22 - Remuneration and Allowances for Holders of Public Office including Judicial and Related Offices

Administered by Department of the Prime Minister and Cabinet

Legislation au F2014L01751 Not in force Legislative Instrument

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Explanatory Statement: Determination 2014/22:

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 12 of 2014 as amended) for the purposes of Part 1 of the Determination.

5. Clauses 1.2 and 1.3 remove all reference to travel and recreation leave for the former Commonwealth Financial Officer for Norfolk Island.

6. Clauses 1.4 and 1.5 set accommodation and reunion travel allowances for the incoming Chief Executive Officer, Australian Transaction Reports and Analysis Centre.

7  Clause 1.6 sets the date of effect of Clauses 1.4 and 1.5.

8. Clauses 1.7 and 1.8 remove all reference to accommodation and reunion travel allowances for Mr Paul O’Connor, the former CEO, Comcare.

9. Clause 1.9 extends the end date of the specific remuneration paid to the current Chair/CEO, Clean Energy Regulator.

10. Clause 1.10 corrects the Determination Number of the Compensation for Loss of Office for Holders of Public Office Determination.

11. Clause 1.11 sets the date of effect of Clause 1.10.

PART 2 – PART-TIME OFFICES

12. Clause 2.1 specifies the Principal Determination (Number 08 of 2014 as amended) for the purposes of Part 2 of the Determination.

13. Clause 2.2 removes all reference to the Comcover Advisory Council. This Council has been dissolved.

14. Clause 2.3 removes all reference to the Medibank Private Ltd. Medibank Private Ltd is no longer a public entity.

15. Clause 2.4 removes all reference to Clause A7 as Medibank Private Ltd Board members are no longer in the Tribunal’s jurisdiction.

16. Clause 2.5 changes the name of the Council. The associated fees and entitlements have not changed.

17. Clause 2.6 sets the date of effect of Clause 2.5.

18. Clause 2.7 sets remuneration for the office of Independent National Security Legislation Monitor.

19. Clause 2.8 sets the date of effect of Clause 2.7.

20. Clause 2.9 sets a personal rate for Dr Peta Seaton while she occupies the office of Chair, Australian Hearing Services.

21. Clause 2.10 sets the date of effect of Clause 2.9.

22. Clause 2.11 sets Audit Fees for the Reserve Bank of Australia Audit Committee members.

PART 3 – JUDICIAL AND RELATED OFFICES

23. Clause 3.1 specifies the Principal Determination (Number 09 of 2014 as amended) for the purposes of Part 3 of the Determination.

24. Clauses 3.2 changes the basis of recreation leave accrual for office holders other than a Judge, from an annual accrual to a pro-rata accrual.

25. Clause 3.3 specifies the rate of remuneration to be used when paying out the balance of recreation leave for an office holder.

26. Clause 3.4 sets revised arrangements for compensation for loss of office provisions.

27. Clauses 3.5 to 3.12 removes all reference to the Executive Vehicle Scheme and replaces them with reference to the Department of Finance Fleet Vehicle Selection Policy, and includes an additional provision to maintain the current provisions in relation to small imported cars from selected manufacturers.

28. Clause 3.13 sets the date of effect of clauses 3.2 to 3.12.

Authority: Subsections 7(3), 7(4) and 7(4B)

 of the Remuneration Tribunal Act 1973.


Overview

The Remuneration and Allowances for Holders of Public Office including Judicial and Related Offices Determination 2014 was enacted to address discrepancies and omissions in the remuneration and allowances for certain office holders, as per the Remuneration Tribunal Act 1973. This determination was issued by the Remuneration Tribunal, which was empowered to make these changes in consultation with established practices. The primary policy objective of this determination is to ensure that remuneration and allowances for public office holders are equitable, accurately reflect their duties, and are subject to timely and appropriate adjustments. The determination encompasses full-time and part-time offices, as well as judicial and related offices, and includes amendments to existing determinations to correct errors, update allowances, and remove outdated references to dissolved councils and entities. The retrospective application of this determination does not adversely affect any individual's rights or impose any new liabilities, as per subsection 12(2) of the Legislative Instruments Act 2003.

Scope and Application

The Determination 2014/22 made under the Remuneration Tribunal Act 1973 applies to various office holders including those in full-time, part-time, judicial and related offices. The Act mandates the Remuneration Tribunal to review and determine remuneration and allowances for these positions, ensuring that compensation is equitable and reflective of the responsibilities and conditions of the roles. This encompasses adjustments to allowances, removal of outdated references to dissolved entities or positions, and the setting of new rates for specific offices. The Tribunal's authority to make such determinations is derived from specific subsections of the Remuneration Tribunal Act 1973. The application of this Determination is not retrospective unless it complies with the provisions of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of individuals or impose new liabilities. The scope of the Act is national, extending its application across Commonwealth offices and authorities, without any specified exclusions or thresholds within the text. Subordinate instruments may further extend or refine the application of this Determination.

Key Provisions

This legislation, Determination 2014/22, made under the Remuneration Tribunal Act 1973, outlines changes to the remuneration and allowances for holders of various public offices, including full-time offices, part-time offices, and judicial and related offices. The changes are detailed in specific clauses which amend previous determinations, remove outdated references, and set new allowances or rates of remuneration. Clauses 1.1 to 1.11 pertain to full-time offices, modifying the Principal Determination for 2014. These clauses include the removal of references to certain allowances and the correction of a determination number, among other changes. For instance, Clause 1.4 and 1.5 establish new allowances for the Chief Executive Officer of the Australian Transaction Reports and Analysis Centre, while Clause 1.7 and 1.8 eliminate references to allowances for the former CEO of Comcare. Furthermore, Clause 1.9 extends the remuneration period for the current Chair/CEO of the Clean Energy Regulator. Clauses 2.1 to 2.11 address part-time offices, updating the Principal Determination for 2014. These clauses remove references to dissolved councils and entities that are no longer public, such as the Comcover Advisory Council and Medibank Private Ltd. Additionally, Clauses 2.7 to 2.10 establish new remuneration rates for specific offices, including that of the Independent National Security Legislation Monitor and the Chair of Australian Hearing Services. Clauses 3.1 to 3.13 cover judicial and related offices, amending the Principal Determination for 2014. Clauses 3.2 to 3.12 introduce significant changes, such as altering the basis of recreation leave accrual and updating vehicle-related provisions to align with the Department of Finance Fleet Vehicle Selection Policy. These clauses also include provisions for compensation for loss of office. The obligations imposed by this legislation on the parties it governs include adhering to the newly established rates of remuneration, allowances, and other entitlements as specified in the clauses. Office holders must comply with the updated provisions, which include changes to leave accrual, compensation arrangements, and allowances. Additionally, entities such as the Australian Transaction Reports and Analysis Centre and the Clean Energy Regulator must ensure that their Chief Executive Officers are compensated in accordance with the new rates set forth in the legislation. Failure to comply with the provisions of this legislation may result in legal consequences. While the determination itself does not specify offences or penalties, breaches of the Remuneration Tribunal Act 1973 or related provisions could lead to civil or criminal liabilities. The maximum penalties for such breaches would depend on the specific offence and the relevant sections of the Act or other applicable laws. It is essential for office holders and governing entities to ensure strict adherence to the updated remuneration and allowance provisions to avoid any potential legal repercussions.

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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.