Remuneration Tribunal Determination 2015/09 - Remuneration and Allowances for Holders of Public Office

Administered by Department of the Prime Minister and Cabinet

Legislation au F2015L00937 Not in force Legislative Instrument

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Explanatory Statement: Determination 2015/09:

Remuneration and Allowances for Holders of Public Office

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 – SPECIFIED STATUTORY OFFICES

PART 1 – FULL-TIME OFFICES

4. Clause 1.1 specifies the Principal Determination (Number 07 of 2015) for the purposes of Part 1 of the Determination.

5. Clause 1.2 sets remuneration for the new office of Australian Border Force Commissioner.  

6. Clause 1.3 sets remuneration for the new office of Children’s e-Safety Commissioner.

7. Clause 1.4 sets remuneration for the new office of Chief Executive Officer, Digital Transformation Office.

8. Clause 1.5 sets the date of effect of clauses 1.2, 1.3 and 1.4.

9. Clauses 1.6 to 1.18 implement changes arising from the amalgamation of the Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT), Social Security Appeals Tribunal (SSAT) and Administrative Appeals Tribunal.  The amalgamated tribunal is known as the Administrative Appeals Tribunal (AAT). 

10. Clause 1.6 deletes all references to the Principal Member MRT, Principal Member RRT and Principal Member SSAT.  These offices will not exist in the amalgamated AAT.  It also deletes the reference to the Registrar AAT as this office has been moved to the Judicial and Related Offices Determination.

11. Clauses 1.7 to 1.17 implement transitional arrangements in accordance with Item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 for members of the amalgamated AAT who were formerly full-time office holders of the MRT, RRT or SSAT for the duration of the appointment that commenced prior to 1 July 2015.  The effect of these clauses is to maintain the remuneration and related matters for the specified office holders of the respective former tribunals as they applied prior to commencement of the amalgamated AAT, for the duration of the appointment that commenced prior to 1 July 2015.

12. Clause 1.18 sets the date of effect of clauses 1.6 to 1.17.

13 Clause 1.19 removes all reference to the Chief Executive Officer, National Water Commission. The Commission has been abolished.

PART 2 – PART-TIME OFFICES

14. Clause 2.1 specifies the Principal Determination (Number 08 of 2015) for the purposes of Part 2 of the Determination.

15. Clauses 2.2 to 2.7 implement changes arising from the amalgamation of the MRT, RRT, SSAT and AAT. 

16. Clauses 2.2 to 2.7 implement transitional arrangements in accordance with Item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 for members of the amalgamated AAT who were formerly part-time office holders of the MRT, RRT or SSAT for the duration of the appointment that commenced prior to 1 July 2015.  The effect of these clauses is to maintain the remuneration and related matters for the specified office holders of the respective former tribunals as they applied prior to commencement of the amalgamated AAT for the duration of the appointment that commenced prior to 1 July 2015.  The only changes are included in Clause 2.6 and 2.7, relating to certification of official business prior to payment, previously the responsibility of the respective Principal Member.

17. Clause 2.8 sets the date of effect of Clauses 2.2 to 2.7.

18. Clause 2.9 sets remuneration for the Chair and Members of the Ministerial Council on Asylum Seekers and Detention.

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

20. Clause 2.11 reinstates fees for the office of CSIRO Advisory Committees as a new advisory committee has been established.  The previous fees have not changed.

21. Clause 2.12 sets the date of effect of Clause 2.11.

22. Clause 2.13 removes all reference to the National Water Commission.  The Commission has been abolished.

PART 3 – SPECIFIED STATUTORY OFFICES (SSOs)

23. Clause 3.1 specifies the Principal Determination (Number 03 of 2015) for the  purposes of Part 3 of the Determination.

24. Clause 3.2 removes the CEO, Australian Customs and Border Protection Service from the SSOs Determination.  This office no longer exists.

25. Clause 3.3 sets the date of effect of Clause 3.2.

 

 

 

 

 

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

 of the Remuneration Tribunal Act 1973.


Overview

The Determination 2015/09: Remuneration and Allowances for Holders of Public Office, enacted by the Remuneration Tribunal under the Remuneration Tribunal Act 1973, addresses the need for updating and setting remuneration for various public office holders in light of recent changes in the administrative structure of tribunals and the creation of new offices. This determination follows consultations and aligns with the existing practices of the Tribunal. The objective is to ensure that remuneration and related matters are appropriately adjusted to reflect the current roles and responsibilities of office holders, particularly in response to the amalgamation of several tribunals into the Administrative Appeals Tribunal and the creation of new statutory offices. This determination aims to maintain fairness and consistency in remuneration while accommodating the structural changes within the public sector.

Scope and Application

The Remuneration and Allowances for Holders of Public Office Determination 2015/09 applies to various full-time, part-time, and specified statutory office holders within the Commonwealth, primarily focusing on the remuneration and allowances for these roles. The scope of the Act extends to individuals holding full-time positions, such as the Australian Border Force Commissioner, Children's e-Safety Commissioner, and Chief Executive Officer of the Digital Transformation Office, and part-time positions, such as members of the Administrative Appeals Tribunal and the Ministerial Council on Asylum Seekers and Detention. The Act also addresses remuneration for specified statutory offices, with a focus on transitional arrangements arising from the amalgamation of tribunals, such as the Migration Review Tribunal, Refugee Review Tribunal, Social Security Appeals Tribunal, and Administrative Appeals Tribunal. The determination ensures that the remuneration and allowances for these office holders are adjusted in line with the changes, maintaining the existing terms for those whose appointments began prior to the amalgamation. The Act does not impose any liability on persons other than the Commonwealth or authorities of the Commonwealth to their disadvantage, allowing for retrospective application without affecting their rights adversely. The determination is governed by the Remuneration Tribunal Act 1973 and is subject to amendments through subordinate instruments as necessary.

Key Provisions

The Determination 2015/09, issued under the Remuneration Tribunal Act 1973, delineates the remuneration and associated matters for various public office holders. Clauses 1.1 to 1.19 pertain to full-time offices and establish the Principal Determination (Clause 1.1) and set remuneration for several new positions, including the Australian Border Force Commissioner, Children’s e-Safety Commissioner, and Chief Executive Officer of the Digital Transformation Office (Clauses 1.2 to 1.4). Clauses 1.6 to 1.18 handle the amalgamation of the Migration Review Tribunal, Refugee Review Tribunal, Social Security Appeals Tribunal, and Administrative Appeals Tribunal into the Administrative Appeals Tribunal (AAT), maintaining existing remuneration for transitional appointments (Clauses 1.7 to 1.17) and removing references to abolished offices (Clauses 1.18 and 1.19). The Act imposes specific obligations on the Remuneration Tribunal, such as conducting consultations to inform its determinations, ensuring that retrospective applications do not disadvantage individuals or impose liabilities on them (Clauses 12(2) of the Legislative Instruments Act 2003), and maintaining remuneration for transitional appointments from the former tribunals to the AAT (Clauses 1.7 to 1.17). Furthermore, the Act mandates the removal of references to abolished offices and the establishment of new remuneration for new offices (Clauses 1.19, 2.11, and 3.2). Failure to comply with the provisions of the Determination could result in legal consequences. While the Determination itself does not specify explicit penalties, breaches of the Remuneration Tribunal Act 1973 or the Legislative Instruments Act 2003, under which this Determination operates, could lead to civil or criminal sanctions. For instance, non-compliance with the Remuneration Tribunal Act 1973 might be prosecuted under relevant State or Territory legislation, potentially leading to fines or imprisonment, depending on the nature and severity of the breach.

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