Explanatory Statement: Determination 2016/09:
Remuneration and Allowances for Holders of Public Office and Judical 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 Legislation 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
- Clause 1.1 specifies the Principal Determination (Number 21 of 2015 as amended) for the purposes of Part 1 of the Determination.
- Clause 1.2 removes reference to Chief Executive Officer CrimTrac from Table 2A of the determination. The agency functions form part of a new criminal intelligence agency established from 1 July 2016. The clause also removes all reference to the Chief Executive Officer, National Health Performance Authority. The activities of the agency have been transferred to the Australian Institute of Health and Welfare and the Australian Commission on Safety and Quality in Health Care. The clause also removes the entry for the Commonwealth Financial Officer for Norfolk Island. The office has been repealed by the Norfolk Island Legislation Amendment Act 2015.
- Clause 1.3 removes reference to the Chief Executive Officer, CrimTrac from Table 3A. The clause is no longer applicable.
- Clause 1.4 amends the Travel Tier applying to former Members of the Social Security Appeals Tribunal whose existing appointment continues within the Administrative Appeals Tribunal.
- Clauses 1.5 and 1.6 set accommodation allowance and reunion fares allowance for the Sex Discrimination Commissioner, Australian Human Rights Commission.
- Clause 1.7 sets the commencement date of Clauses 1.5 and 1.6.
- Clause 1.8 sets remuneration for the office of the Chief Executive Officer, Innovation and Science Australia.
- Clause 1.9 sets additional remuneration incorporating a loading for a fixed period for the inaugural Chief Executive Officer, Innovation and Science Australia.
- Clause 1.10 sets the commencement date of Clauses 1.8 and 1.9.
- Clause 1.11 sets remuneration for the office of the Chief Executive Officer, Northern Australia Infrastructure Facility.
- Clause 1.12 sets additional remuneration incorporating a loading for a fixed period for the inaugural Chief Executive Officer, Northern Australia Infrastructure Facility.
- Clause 1.13 sets the commencement date of Clauses 1.11 and 1.12.
PART 2 – PART-TIME OFFICES
- Clause 2.1 specifies the Principal Determination (Number 20 of 2015 as amended) for the purposes of Part 2 of the Determination.
- Clause 2.2 removes all reference to the Australian Government Reconstruction Inspectorate. The office has been abolished.
- Clause 2.3 removes all reference to the National Health Performance Authority. The office functions have been transferred to the Australian Institute of Health and Welfare and the Australian Commission for Safety and Quality in Health Care.
- Clause 2.4 amends the Travel Tier applying to former Members of the Social Security Appeals Tribunal whose existing appointment continues within the Administrative Appeals Tribunal.
- Clause 2.5 sets increased remuneration for the office of the Independent National Security Legislation Monitor.
- Clause 2.6 sets remuneration for the Chair and Members of the Emissions Reduction Assurance Committee.
- Clause 2.7 amends the Travel Tier applying to the Chair of the Innovation Australia Board. The current name of the Board is retained pending passage of amending legislation.
- Clause 2.8 sets the commencement date of Clause 2.7.
- Clause 2.9 sets remuneration for the Chair and Members of the Northern Australia Infrastructure Facility Board.
- Clause 2.10 sets additional remuneration incorporating a loading for a fixed period for the inaugural Chair of the Northern Australia Infrastructure Facility Board and a person specific rate of remuneration for Board member, Mr Barry Coulter.
- Clause 2.11 sets the commencement date of Clauses 2.9 and 2.10.
Part 3 – Judicial and Related Offices
- Clause 3.1 specifies the Principal Determination (Number 18 of 2015 as amended) for the purposes of Part 3 of the Determination.
- Clauses 3.2 and 3.3 amend the basis of remuneration for the Assessor (Full-time) of the Federal Court of Australia from Base salary to Total Remuneration.
Authority: Subsections 7(3) and 7(4)
Remuneration Tribunal Act 1973
Overview
The Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices Determination 2016 (No. 9) was enacted to address the remuneration and allowances for various public office holders, ensuring their compensation aligns with their responsibilities and the current economic climate. This determination was made by the Remuneration Tribunal, which is empowered under the Remuneration Tribunal Act 1973 to determine such matters. The policy objective of this determination is to provide a fair and transparent framework for the remuneration of public office holders, which includes adjustments to account for new roles, the transfer of agency functions, and the abolition of certain offices. This approach ensures that remuneration remains competitive and reflective of the roles and responsibilities of the office holders.
Scope and Application
The Determination 2016/09 under the Remuneration Tribunal Act 1973 applies to the remuneration and allowances of specific office holders across full-time, part-time, and judicial and related offices within the Commonwealth. This includes setting specific remuneration and allowances for various roles, such as the Chief Executive Officer of Innovation and Science Australia, the Chair and Members of the Northern Australia Infrastructure Facility Board, and the Assessor (Full-time) of the Federal Court of Australia. The application of this determination is national in scope, governed by the Commonwealth, and is intended to ensure equitable and appropriate remuneration for these roles. The determination also removes references to offices that have been abolished or functions that have been transferred to other agencies, ensuring the determination remains relevant and accurate. Any retrospective application of this determination does not adversely affect the rights of any person other than the Commonwealth or an authority of the Commonwealth, nor does it impose any liability on such a person, as per subsection 12(2) of the Legislation Act 2003. The authority for these amendments and specifications is derived from subsections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.
Key Provisions
The Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices Determination 2016/09 sets out specific remuneration and allowances for various full-time and part-time public office holders and judicial roles in Australia. This determination is made by the Remuneration Tribunal under the authority of the Remuneration Tribunal Act 1973. Clause 1.1 references Principal Determination Number 21 of 2015 as amended, which applies to full-time offices. Clause 1.2 removes references to certain positions such as the Chief Executive Officer of CrimTrac and the Chief Executive Officer of the National Health Performance Authority, reflecting changes in agency functions and structures. Clause 1.4 amends the travel tier for former members of the Social Security Appeals Tribunal who continue their appointments within the Administrative Appeals Tribunal. Clause 1.5 and 1.6 specify the accommodation and reunion fares allowances for the Sex Discrimination Commissioner, Australian Human Rights Commission, while Clause 1.7 sets the commencement date for these clauses. Clauses 1.8 to 1.10 detail the remuneration and additional loadings for the Chief Executive Officers of Innovation and Science Australia and the Northern Australia Infrastructure Facility, along with their commencement dates. Clause 1.11 and 1.12 specify the remuneration and additional loadings for the inaugural Chief Executive Officers of these entities.
The determination imposes specific obligations on the relevant office holders, including adherence to the specified remuneration and allowances outlined in the clauses. Office holders must comply with the travel tiers and allowances as determined by the Tribunal. For example, Clause 1.4 mandates a specific travel tier for former Social Security Appeals Tribunal members continuing within the Administrative Appeals Tribunal. Additionally, the determination ensures that remuneration is set for new positions such as the Chief Executive Officers of Innovation and Science Australia and the Northern Australia Infrastructure Facility, as seen in Clauses 1.8 to 1.12.
Any breach of the remuneration and allowance provisions set out in this determination could result in legal consequences. While specific offences and penalties are not detailed in the explanatory statement, non-compliance with the remuneration and allowances outlined by the Tribunal could potentially lead to civil or administrative penalties. The Tribunal’s authority to make such determinations and the potential for retrospective application, as noted in the Explanatory Statement, underscores the importance of adhering to these provisions. The Remuneration Tribunal Act 1973 provides the legal framework within which these determinations are made, ensuring that public office holders receive fair and appropriate remuneration and allowances.