Remuneration Tribunal Determination 2016/01 - Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices and Principal Executive Office

Administered by Department of the Prime Minister and Cabinet

Legislation au F2016L00162 Not in force Legislative Instrument

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Explanatory Statement: Determination 2016/01:

Remuneration and Allowances for Holders of Public Office,  Judicial and Related Offices and Principal Executive 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 – JUDICIAL AND RELATED OFFICES

PART 4 – PRINCIPAL EXECUTIVE OFFICE

PART 1 – FULL-TIME OFFICES

4. Clause 1.1 specifies the Principal Determination (Number 21 of 2015) for the purposes of Part 1 of the Determination.

5. Clauses 1.2 and 1.3 correct a remuneration error in the original Determination for the office of Chief Commissioner and Chief Executive Officer, and correct the name of the Authority from the Australian Skills Quality Agency to the Australian Skills Quality Authority. 

6. Clause 1.4 sets the date of effect of clauses 1.2 and 1.3.

7. Clause 1.5 removes all references to the Chief Executive Officer Health Workforce Australia, the Chief Executive Officer ComSuper and the Coordinator-General for Remote Indigenous Services. These offices have been abolished. The clause also removes all reference to the Private Health Insurance Ombudsman. The office functions have been transferred to the Office of the Commonwealth Ombudsman.

8. Clause 1.6 removes transitional arrangements for the Australian Accounting Standards Board, Chair. The clause is no longer applicable.

9. Clause 1.7 removes the clause number from the Chair, Australian Accounting Standards Board entry. This provision expired on 31 December 2015.

10. Clauses 1.8 and 1.9 remove all reference to accommodation and reunion travel allowances for Mr T Wilson, the former Human Rights Commissioner.

11. Clause 1.10 sets remuneration for the new office of Australian Small Business and Family Enterprise Ombudsman.

12. Clause 1.11 sets the date of effect of clause 1.10.

13. Clause 1.12 corrects the name of the body. The associated office fees and entitlements have not changed.

PART 2 – PART-TIME OFFICES

14. Clause 2.1 specifies the Principal Determination (Number 20 of 2015) for the purposes of Part 2 of the Determination.

15. Clause 2.2 deletes specific provisions for the Climate Change Authority Associate Member, the Australian Accounting Standards Board and the Auditing and Assurance Standards Board. These clauses are no longer applicable. 

16. Clause 2.3 removes the clause number from the Climate Change Authority Associate Member entry. This provision expired on 31 December 2015.

17. Clause 2.4 removes the clause number from the Australian Accounting Standards Board (AASB) entry. This provision expired on 31 December 2015.

18 Clause 2.5 removes the clause number from the Auditing and Assurance Standards Board (AuASB) entry. This provision expired on 31 December 2015.

19. Clauses 2.6 and 2.7 set specific remuneration for the new office of Associate Member (Agriculture), Australian Competition and Consumer Commission.

20. Clauses 2.8 to 2.11 set remuneration for the new offices of Co-Chair, Referendum Council and members of the Referendum Council.

21. Clause 2.12 sets the date of effect of clauses 2.8 to 2.11.

22. Clause 2.13 sets remuneration for the new offices of the Australian Medical Research Advisory Board.

23. Clause 2.14 corrects the name of the office. The associated fees and entitlements have not changed.

24. Clause 2.15 deletes all reference to the Pathology Services Table Committee. This committee no longer exists.

25. Clause 2.16 sets a person specific member fee for the Hon Michael Knight AO as a former member of state parliament in receipt of a superannuation pension. There is no change to the Audit and Committee fee.

26. Clause 2.17 sets the date of effect of clause 2.16.

27. Clause 2.18 clarifies that the Chair of ASC Pty Ltd is not eligible for additional remuneration for Board sub-committees. 

PART 3 – JUDICIAL AND RELATED OFFICES

28. Clause 3.1 specifies the Principal Determination (Number 18 of 2015) for the purposes of Part 3 of the Determination.

29. Clause 3.2 amends a section number as a result of renumbering certain provisions of the Administrative Appeals Tribunal Act 1975.  It also corrects the year of the Act which was an error in the original Determination.

PART 4 – PRINCIPAL EXECUTIVE OFFICE

30. Clause 4.1 specifies the Principal Determination (Number 19 of 2015) for the purposes of Part 4 of the Determination.

31. Clause 4.2 provides for a partner and/or child/children to access reunion fares to reunite with an eligible office holder who is based away from their normal place of residence, where the demands of work prevent the office holder from travelling home.  Travel is at economy class and is funded from the office holder’s existing reunion travel entitlement.

Authority: Subsections 7(3), 7(4), 7(4B) and 5(2A)

 of the Remuneration Tribunal Act 1973.

Overview

The Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices and Principal Executive Office Determination 2016 (F2016L00162) was enacted to address the need for adjustments to remuneration and allowances for various public office holders, as determined by the Remuneration Tribunal. This determination, made under the authority of the Remuneration Tribunal Act 1973, aims to ensure that the remuneration and allowances of public office holders are fair and reflect the current economic conditions and responsibilities associated with their roles. The Tribunal undertook this determination by consulting established practices and relevant data to make informed adjustments. The policy objective behind this determination is to maintain equitable and competitive remuneration for public office holders, thereby ensuring the attractiveness and retention of skilled individuals in public service roles.

Scope and Application

The Determination 2016/01 under the Remuneration and Allowances for Holders of Public Office, Judicial and Related Offices and Principal Executive Office is a legislative instrument designed to regulate the remuneration and allowances of various office holders across different categories of public service in Australia. This determination applies to full-time offices, part-time offices, judicial and related offices, and principal executive offices, encompassing a wide range of public servants and judicial officers across the Commonwealth. The application of this determination is governed by the Remuneration Tribunal Act 1973, with specific clauses detailing adjustments to remuneration, corrections to previous errors, and the abolition of certain offices. Notably, this determination does not extend to affect the rights of any individual adversely and does not impose any new liabilities, as per subsection 12(2) of the Legislative Instruments Act 2003. The scope of this legislation is further extended and defined through subordinate instruments, ensuring the continuous and precise regulation of remuneration for public office holders.

Key Provisions

The Determination (F2016L00162) outlines the remuneration and allowances for certain public office holders, judicial officers, and principal executive officers. It corrects previous errors, updates remuneration for new and existing offices, and removes outdated provisions that no longer apply due to the abolition of certain offices or committees. For example, Clause 1.5 removes references to abolished offices such as the Chief Executive Officer Health Workforce Australia and transfers their functions to the Office of the Commonwealth Ombudsman. Clauses 2.6 and 2.7 establish specific remuneration for new offices like the Associate Member (Agriculture), Australian Competition and Consumer Commission, while Clauses 2.8 to 2.11 set remuneration for new offices of the Co-Chair, Referendum Council and its members. The Act imposes obligations on the Remuneration Tribunal to ensure that remuneration and allowances are set accurately and updated as necessary. This includes correcting errors, as seen in Clauses 1.2 and 1.3 which correct a remuneration error for the office of Chief Commissioner and Chief Executive Officer, and Clauses 2.15 and 2.16 which remove references to defunct committees and set specific remuneration for certain individuals. Furthermore, the Act mandates that any retrospective application of the Determination does not adversely affect the rights of individuals, nor does it impose any new liabilities on them, as per subsection 12(2) of the Legislative Instruments Act 2003. Breaches of the provisions outlined in the Determination could result in various civil or administrative penalties, depending on the nature of the breach. For example, failing to adhere to the updated remuneration schedules could lead to disputes over entitlements and potentially result in legal challenges. While the Determination itself does not explicitly outline criminal penalties, any associated legislation or regulations might impose penalties for non-compliance. The exact consequences would depend on the specific provisions of those related laws.

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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.