Explanatory Statement: Determination 2016/11:

Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

1. The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as an independent statutory authority responsible for reporting on and determining the remuneration, allowances and entitlements of key Commonwealth office holders.  These include members of Parliament, Judges of Federal Courts, most full-time and part-time holders of public offices and Principal Executive Offices. 

Consultation

2.     Section 11 of the Act advises that in the performance of its functions the Tribunal:

• may inform itself in such manner as it thinks fit;
• may receive written or oral statements;
• is not required to conduct any proceeding in a formal manner; and
• is not bound by the rules of evidence.

3.     The Tribunal normally receives submissions on remuneration from a Portfolio Minister, or a Secretary, Program Manager or Employing Body (in respect of a principal executive office) with responsibility for the relevant office(s).  The Tribunal will normally seek the views of the relevant Portfolio Minister prior to determining remuneration for an office.

4.     The Tribunal may reach a decision based on the information provided in the submission and other publicly available information such as portfolio budget statements, annual reports, corporate plans, legislation and media releases.  On occasion it may wish to meet with relevant parties or seek further information from the relevant Minister or person making the submission.

5.     Amongst other relevant matters in deliberating on appropriate remuneration for an office the Tribunal informs itself on:

• the main functions, responsibilities and accountabilities of the office;
• the organisational structure, budget and workforce;
• the requisite characteristics, skills or qualifications required of the office holder(s); and
• the remuneration of similar, comparator, offices within its jurisdiction. 

Chief Executive Officer of the Aboriginal Hostels Limited

6.     The Tribunal received a submission from the Chairperson of Aboriginal Hostels Limited requesting accommodation and reunion travel allowances for the interim CEO, for a period of six months. The submission provided the information required to consider the request, consistent with the Tribunal’s Guidelines on Geographic Relocation of Full-time Office Holders (available on its website www.remtribunal.gov.au).  

Australian Law Reform Commission – President (non-judicial), Commissioner (non-judicial)

7.     In conducting its jurisdictional review of offices under the Judicial and Related Offices’ determination, the Tribunal invited submissions from all employing authorities with offices in the determination. A submission was received from the President of the Australian Law Reform Commission as a result of that invitation. The submission provided information on the legislative arrangements for the appointment of full-time and part-time members of the Commission and updated information on their roles and responsibilities.  The Tribunal also received a submission from the Attorney-General’s Department which provided information relevant to the President’s submission.  

Retrospectivity 

8.        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.

Details of the determination are as follows:

PART 1 – FULL-TIME OFFICES

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

10.   Clauses 1.2 and 1.3 set accommodation allowance and reunion fares allowance for the Interim Chief Executive Officer, Mr Tony Usher, Aboriginal Hostels Limited.

11.   Clause 1.4 sets the commencement date of clauses 1.2 and 1.3.

PART 2 – JUDICIAL AND RELATED OFFICES

12.   Clause 2.1 specifies the Principal Determination (Number 18 of 2015 as amended) for the purposes of Part 2 of the Determination.

13.   Clauses 2.2 to 2.4 amend the basis of remuneration for the President (non-judicial) and the Member (Full-time) of the Australian Law Reform Commission to a Total Remuneration arrangement. It also removes the annual retainer for the Member (Part-time) as it is no longer required.

14.   Clause 2.5 sets the commencement date of clauses 2.2 to 2.4.

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

 Remuneration Tribunal Act 1973