Remuneration Tribunal Determination 2017/03: Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

Administered by Department of the Prime Minister and Cabinet

Legislation au F2017L00416 Not in force Legislative Instrument

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Explanatory Statement: Determination 2017/03:

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 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. 

Solicitor-General  

6.     The Tribunal received a submission from the Senator the Hon George Brandis QC, Attorney-General requesting an accommodation allowance for the current Solicitor‑General.  The submission detailed the working arrangements of the office and the travel arrangements required of the office holder.

Commonwealth Financial Officer, Norfolk Island

7.     There was no consultation on this matter as the amendment removes recreation leave provisions following abolition of the office.

CEO, Independent Parliamentary Expenses Authority

8.     The Tribunal received a submission from Senator the Hon Scott Ryan, Special Minister of State, seeking a determination of remuneration for this new office.  The office is part of the government’s broader reforms into the parliamentary expenses regime and its functions are set out in the Independent Parliamentary Expenses Authority Act 2017.

Administrator, Norfolk Island

9.     There was no consultation on this matter as the amendment removes reunion travel conditions applying to an office holder whose term of appointment has ceased.

Aboriginal Hostels Limited

10. This is an administrative change only reflecting the numbering of this clause.  The provisions reflect a Tribunal decision that was notified in Determination 2017/01.

Professional Standards Board for Patent and Trade Marks Attorneys and Patent and Trade Marks Attorney Disciplinary Tribunal

11. These offices have been deleted from the determination as they have been abolished as a result of changes to the Intellectual Property Laws Amendment Act 2015, Patents Act 1990 and the Trade Marks Act 1995.

Australian Organ and Tissue Donation and Transplantation Authority Advisory Council

12. The Australian Organ and Tissue Donation and Transplantation Authority Amendment (New Governance Arrangements) Act 2016 provides for the establishment of the Australian Organ and Tissue Donation and Transplantation Board and as a result of the amendment the Council has been abolished.

Trans-Tasman IP Attorneys Board, Trans-Tasman IP Attorneys Disciplinary Tribunal

13. The Tribunal received a submission from the Minister for Industry, Innovation and Science, Senator the Hon Arthur Sinodinos, outlining the responsibilities of these offices and seeking a determination of remuneration.

Australian Film, Television and Radio School (AFTRS) – Chair of the Academic Board  

14. The Tribunal received a submission from the Chair of AFTRS, Professor Julianne Schultz AM FAHA, outlining the responsibilities of the Board and the office and seeking a determination of remuneration.

Member, Registration and Disciplinary Committees (Corporate Insolvency Practitioners)

15. The Tribunal received a submission from the Minister for Revenue and Financial Services, the Hon Kelly O’Dwyer MP, seeking a determination of remuneration for the members of the Registration and Disciplinary Committees formed under Schedule 2 of the Corporations Act 2001.  Information from the amending legislation and additional information provided by the Department of the Treasury were also considered.

Australian Organ and Tissue Donation and Transplantation Authority – Vigilance and Surveillance Expert Advisory Committee

16. The Tribunal received a submission from the Minister for Aged Care and Minister for Indigenous Health, the Hon Ken Wyatt AM MP, outlining the responsibilities of these offices and seeking a determination of remuneration.


Companies Auditors Disciplinary Board

17. The title of the entity formerly known as the “Companies Auditors and Liquidators Disciplinary Board” was changed to the “Companies Auditors Disciplinary Board” as a result of amendments made to the Corporations Act 2001 by the Insolvency Law Reform Act 2016. 

Military Justice System – Chief Judge Advocate and Registrar Military Justice

18. The Tribunal received a submission from the Judge Advocate General as part of the Tribunal’s review of Judicial and Related Offices in 2016.  The roles and responsibilities of these offices were considered as part of the review.  The Tribunal met with the Judge Advocate General in relation to these two offices.  It also sought and received written comments from the Hon Dan Tehan MP Minister for Defence Personnel.

Retrospectivity 

19. 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

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

21.        Clauses 1.2 and 1.3 set a Canberra based accommodation allowance for Dr Stephen Donaghue QC the Solicitor-General, as he is required to work in both Melbourne and Canberra.

22.        Clause 1.4 deletes an obsolete clause as the office of the Commonwealth Financial Officer, Norfolk Island has been abolished.

23.        Clause 1.5 sets remuneration for the new office of Chief Executive Officer, Independent Parliamentary Expenses Authority.

24.        Clause 1.6 sets the commencement date of Clause 1.5.

25.        Clause 1.7 deletes all reference to The Hon Gary Hardgrave, Administrator, Norfolk Island as his term of appointment has expired.

26.        Clause 1.8 inserts ‘Clause 3.3’ against the existing entry for the Aboriginal Hostels Limited clause.

PART 2 – PART-TIME OFFICES

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

28.        Clause 2.2 removes all reference to the Patent and Trade Marks Attorneys Disciplinary Tribunal, Professional Standards Board for Patent and Trade Marks Attorneys and Australian Organ and Tissue Donation and Transplantation Authority Advisory Council.  These offices have been abolished.

29.        Clause 2.3 sets remuneration for the new offices of the Trans-Tasman IP Attorneys Board and Trans-Tasman IP Attorneys Disciplinary Tribunal.

30.        Clause 2.4 sets the commencement date of Clause 2.3.

31.        Clauses 2.5 and 2.6 set remuneration for the Chair of the Australian Film, Television and Radio School’s Academic Board.

32.        Clause 2.7 sets remuneration for the new office of Member, Registration and Disciplinary Committees (Corporate Insolvency Practitioners).

33.        Clause 2.8 sets the commencement date of Clause 2.7.

34.        Clause 2.9 sets remuneration for the new office of Australian Organ and Tissue Donation and Transplantation Authority - Vigilance and Surveillance Expert Advisory Committee

35.        Clause 2.10 sets the commencement date of Clause 2.9.

36.        Clause 2.11 changes the name of the entity “Companies Auditors and Liquidators Disciplinary Board” to “Companies Auditors Disciplinary Board”.

37.        Clause 2.12 sets the commencement date of Clause 2.11.

PART 3 – JUDICIAL AND RELATED OFFICES

38.        Clause 3.1 specifies the Principal Determination (Number 17 of 2016) for the purposes of Part 3 of the Determination.

39.        Clause 3.2 and 3.3 set increased remuneration for Chief Judge Advocate and Registrar of Military Justice.  The determination also sets specific base salary for the Chief Judge Advocate, Major-General Ian Westwood AM.

40.        Clause 3.4 sets the commencement date of Clauses 3.2 and 3.3.

 

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

 Remuneration Tribunal Act 1973

Overview

The Remuneration Tribunal Act 1973 was enacted to establish the Remuneration Tribunal, an independent statutory authority, tasked with reporting on and determining the remuneration, allowances, and expenses of key Commonwealth office holders. These office holders include members of parliament, judges of federal courts, and various full-time and part-time holders of public offices and principal executive offices. The Act was passed by the Parliament of Australia with the objective of ensuring that the remuneration and allowances of these public officials are fair, competitive, and reflective of their responsibilities. The Tribunal operates under the authority conferred by the Act, allowing it to consult widely, inform itself on relevant matters, and make determinations based on a comprehensive understanding of the roles and responsibilities of the offices in question. This legislation thus addresses the need for a transparent and independent process to set appropriate remuneration for public office holders, ensuring that it is commensurate with the duties and challenges associated with these positions.

Scope and Application

The Remuneration Tribunal Act 1973 applies to 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 Act establishes the Remuneration Tribunal as an independent statutory authority responsible for determining the remuneration, allowances, and expenses of these office holders. The Tribunal's jurisdiction extends across the Commonwealth, and it functions to ensure fair and appropriate compensation for these roles. The Act allows the Tribunal to consult with relevant ministers, secretaries, program managers, or employing bodies to gather information on the functions, responsibilities, and remuneration of the offices in question. While the Act does not specify exclusions or exemptions, the Tribunal may not be bound by the rules of evidence and is not required to conduct any proceeding in a formal manner. The application of the Act can be extended or restricted through subordinate instruments, as detailed in the Determination 2017/03, which includes adjustments to allowances and remuneration for various offices, such as the Solicitor-General, the Chief Executive Officer of the Independent Parliamentary Expenses Authority, and the Chief Judge Advocate and Registrar of Military Justice.

Key Provisions

The Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices Determination 2017/03, made under the Remuneration Tribunal Act 1973, sets out the remuneration, allowances and expenses for various key Commonwealth office holders. Section 11 of the Act provides the Tribunal with broad powers to inform itself in any manner it deems fit, including receiving written or oral statements, without being bound by formal procedures or rules of evidence. The Tribunal typically receives submissions on remuneration from relevant ministers or officials, and it may seek views from portfolio ministers before making decisions. It bases its decisions on the office's functions, responsibilities, organisational structure, requisite skills, and comparisons with similar offices. The Act imposes obligations on the Tribunal to consult with relevant parties, consider detailed submissions, and deliberate on appropriate remuneration. It also requires the Tribunal to consider factors such as the office's main functions, the organisational structure, budget and workforce, and the requisite skills or qualifications of the office holder. The Tribunal may meet with relevant parties or seek further information to inform its decisions. Breaches of the obligations under the Remuneration Tribunal Act 1973 may not explicitly prescribe specific offences, penalties, or consequences within the provided text. However, failure to comply with the Act's requirements or the Tribunal’s determinations could potentially lead to legal challenges or disputes over remuneration. The Act's authority under subsections 7(3) and 7(4) suggests that the Tribunal’s determinations are legally binding, and non-compliance with these determinations could result in civil or administrative consequences. The penalties for such breaches are not detailed in the provided text but may be subject to the broader legal framework governing administrative actions and judicial reviews in Australia.

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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.