Remuneration Tribunal Determination 2017/01: Remuneration and Allowances for Holders of Public Office

Administered by Department of the Prime Minister and Cabinet

Legislation au F2017L00151 Not in force Legislative Instrument

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Explanatory Statement: Determination 2017/01:

Remuneration and Allowances for Holders of Public Office

  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 expenses 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 (CEO), Australian Digital Health Agency

6.     The Tribunal received a submission from the Hon Sussan Ley MP, then Minister for Health and Aged Care, requesting reunion travel allowance for the incoming CEO. 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).  

CEO, Austrade

7.     There was no consultation on this matter as the amendments remove conditions applying to an office holder whose term of appointment has ceased.

Interim CEO, Aboriginal Hostels Limited (AHL)

8.     The Tribunal received a submission from the Chairperson of AHL, requesting the continuation of accommodation and reunion fares allowances for Mr Tony Usher upon his reappointment as Interim CEO, AHL. The submission provided the information required to consider the request, consistent with the Tribunal’s Guidelines on Geographic Relocation of Full-time Office Holders.

Digital Transformation Agency

9.     The Tribunal received correspondence from the Deputy Secretary, Department of the Prime Minister and Cabinet, advising of the change of name of the Executive Agency from Digital Transformation Office to Digital Transformation Agency.  No additional consultation was required.

Commissioner and Deputy Commissioner, Australian Building and Construction Commission

10. The Tribunal received a submission from the Minister for Employment, Senator the Hon Michaelia Cash, outlining the responsibilities of these offices and seeking a determination of remuneration.  Additional information was obtained from the Department.  This, together with comprehensive information available from the establishing legislation and associated documents informed the Tribunal’s decision.

Fair Work Building Industry Inspectorate

11. This office has been deleted from the determination as it has been replaced by the Australian Building and Construction Commissioner under the Building and Construction Industry (Improving Productivity) Act 2016. 

Special Building Industry Powers – Independent Assessor

12. This office has been deleted from the determination, following its abolition as a result of the repeal of the Fair Work (Building Industry) Act 2012 by the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016.  The Department of Employment confirmed that the office had been abolished.

Productivity Commission – Associate Commissioner

13. The Tribunal was advised by the Productivity Commission that the listing for the part-time statutory office was incomplete in the determination.  The words “Associate Commissioner” were added to clarify the entry.  No consultation was necessary.

Therapeutic Goods Administration (TGA) specified professional committees

14. The Tribunal received correspondence from the Hon Sussan Ley MP, then Minister for Health and Aged Care, requesting the removal of a number of professional committees listed in the Tribunal’s part-time determination following the rationalisation of a number of the TGA’s statutory committees via amendments to the Therapeutic Goods Regulations 1990.  The former Minister also requested the removal of the Australian Therapeutic Good Advisory Council from the part-time determination as the Council has lapsed.

15. The former Minister also requested a determination of remuneration for two new professional committees, the Advisory Committee on Medicines and the Advisory Committee on Vaccines. 


Scientific Advisory Group (Biosecurity)

16. The Tribunal received a submission from the Secretary of the Department of the Agriculture and Water Resources, outlining the responsibilities of these offices and seeking determination of fees for the Scientific Advisory Group established under Biosecurity Regulation 2016.  The Tribunal considered the submission together with the Regulation and additional information obtained from the Department.

Ambassador for Women and Girls and the Special Envoy for Human Rights

17.  The Tribunal received a submission from the Hon Julie Bishop MP, Minister for Foreign Affairs, seeking a determination of remuneration for these offices that were referred into the Tribunal’s jurisdiction by the Minister Assisting the Prime Minister for the Public Service with effect from 13 February 2017.

Retrospectivity 

18. 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

19. Clause 1.1 specifies the Principal Determination (Number 19 of 2016) for the purposes of Part 1 of the Determination.

20. Clause 1.2 sets reunion fares allowance for Mr Tim Kelsey, Chief Executive Officer, Australian Digital Health Agency.

21. Clause 1.3 sets the commencement date of Clause 1.2.

22. Clause 1.4 removes all references to Mr Bruce Gosper, the former Chief Executive Officer, Austrade as his term of appointment has expired.

23. Clauses 1.5, 1.6, 1.7 and 1.8 set accommodation allowance and reunion fares allowances for Mr Tony Usher, the Interim Chief Executive Officer, Aboriginal Hostels Limited for his current period of appointment.

24. Clause 1.9 sets the commencement date of Clauses 1.5, 1.6, 1.7 and 1.8.

25. Clauses 1.10 and 1.11 set remuneration for the offices of the Australian Building and Construction Commissioner and Deputy Commissioner.

26. Clause 1.12 sets the commencement date of Clauses 1.10 and 1.11.

27. Clauses 1.13 and 1.14 remove all references to the Director, Fair Work Building Industry Inspectorate.  This office was replaced by the Australian Building and Construction Commissioner.

28. Clause 1.15 changes the name of the Digital Transformation Office to the Digital Transformation Agency following the government’s announcement of its new name and expanded responsibilities.

PART 2 – PART-TIME OFFICES

29. Clause 2.1 specifies the Principal Determination (Number 18 of 2016) for the purposes of Part 2 of the Determination.

30. Clauses 2.2 and 2.3 remove all reference to the Special Building Industry Powers – Independent Assessor. This office was abolished by the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016.

31. Clause 2.4 updates the title of the office of the Productivity Commission – Associate Commissioner.

32. Clause 2.5 removes a number of committees from the list of Specified Professional Committees (Table B4) following amendments to the Therapeutic Goods Regulations 1990 and removes a further council which has lapsed.

33. Clause 2.6 adds two new committees to the list of Specified Professional Committees.

34. Clause 2.7 sets the commencement date of Clauses 2.5 and 2.6.

35. Clause 2.8 sets remuneration for the newly constituted Scientific Advisory Group (Biosecurity).

36. Clause 2.9 sets the commencement date of Clause 2.8.

37. Clause 2.10 sets remuneration for the offices of Ambassador for Women and Girls and Special Envoy for Human Rights.

38. Clause 2.11 sets the commencement date of Clause 2.10.

 

 

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

 Remuneration Tribunal Act 1973

Overview

The Remuneration Tribunal Act 1973 was enacted to establish the Remuneration Tribunal as an independent statutory authority tasked with determining the remuneration, allowances, and expenses of key Commonwealth office holders, such as members of parliament, Judges of Federal Courts, and most full-time and part-time holders of public offices and principal executive offices. This legislation was introduced to ensure a transparent and consistent approach to the remuneration of public office holders across the Commonwealth. The Act was enacted by the Parliament of Australia, with the primary policy objective being to provide a framework for the independent and informed assessment of remuneration for public office holders. The Tribunal is not bound by the rules of evidence and can inform itself in any manner it sees fit, ensuring a flexible and comprehensive approach to its determinations. The Remuneration Tribunal Act 1973 facilitates the submission of remuneration proposals by relevant ministers and other stakeholders, allowing the Tribunal to consider various factors, including the office's functions, responsibilities, requisite skills, and the remuneration of comparable offices, to arrive at fair and appropriate remuneration packages.

Scope and Application

The Remuneration Tribunal Act 1973 applies to the remuneration, allowances and expenses of key Commonwealth office holders, which include members of parliament, Judges of Federal Courts, most full-time and part-time holders of public offices and principal executive offices. The Tribunal is an independent statutory authority that determines these matters based on submissions from relevant ministers or employing bodies, and may consider other publicly available information and seek further information when necessary. The Act provides flexibility in the Tribunal’s procedures, allowing it to inform itself in any manner it deems fit, receive written or oral statements, and not be bound by formal rules of evidence or procedure. The Tribunal’s determinations can be retrospective if they do not disadvantage any person other than the Commonwealth or an authority of the Commonwealth, in accordance with the Legislation Act 2003. The scope of the Act extends to both full-time and part-time offices, and it includes provisions for updating or removing allowances and remuneration for offices that have been abolished or have undergone structural changes. The Act also provides for the adjustment of remuneration for new or modified roles within the public sector, ensuring that the allowances and remuneration are appropriate in relation to the responsibilities and requirements of the respective offices.

Key Provisions

The Remuneration and Allowances for Holders of Public Office Determination 2017/01 outlines the remuneration and allowances for key Commonwealth office holders, as determined by the Remuneration Tribunal under the Remuneration Tribunal Act 1973 (the Act). Section 11 of the Act provides the Tribunal with broad powers to inform itself as it sees fit, including receiving both written and oral statements, and it is not bound by the rules of evidence or required to conduct formal proceedings. The Tribunal typically receives submissions on remuneration from relevant ministers, secretaries, program managers, or employing bodies, and may seek further information or meet with relevant parties as needed. The determination specifies the remuneration for both full-time and part-time offices, with detailed clauses addressing various allowances and changes to office titles and structures. The Act imposes specific obligations on the Tribunal to ensure it considers all relevant factors when determining remuneration. These include understanding the main functions, responsibilities, and accountabilities of the office, the organisational structure, budget, workforce, and requisite characteristics or qualifications of the office holder. The Tribunal must also consider the remuneration of similar offices within its jurisdiction. Additionally, the Act mandates that the Tribunal consult with relevant ministers or persons making submissions before determining remuneration for an office. The Tribunal must also ensure that any retrospective application of the determination does not adversely affect the rights of individuals or impose any new liabilities on them. Failure to comply with the requirements of the Remuneration Tribunal Act 1973 and the associated determinations may result in various consequences. While the Act does not explicitly state specific offences or penalties for non-compliance, the Tribunal's determinations are binding and must be adhered to by the relevant office holders and the Commonwealth. Non-compliance with the remuneration and allowance provisions could potentially lead to legal challenges or disputes, although the Act itself does not outline specific penalties for such breaches. The Act's primary focus is on ensuring that the remuneration and allowances are determined fairly and transparently, reflecting the duties and responsibilities of the office holders.

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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.