EXPLANATORY STATEMENT
Issued by the authority of the Minister for the Public Service
Remuneration Tribunal Act 1973
Remuneration Tribunal (Members' Fees and Allowances) Regulations 2026
PURPOSE AND OPERATION OF THE INSTRUMENT
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 the Parliament, Judges of Federal Courts and territory Supreme Courts, most full-time and part-time holders of public offices and principal executive offices, such as the Chief Executives of Commonwealth companies.
Section 17 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Under section 4 of the Act, the Tribunal consists of three members appointed by the Governor-General on a part-time basis, one of whom is also appointed as President of the Tribunal. Section 12 of the Act provides that a member of the Tribunal shall be paid such fees and allowances as are prescribed.
The Remuneration Tribunal (Members’ Fees and Allowances) Regulation 2016 (the 2016 Regulation) prescribed fees and allowances payable to members of the Tribunal.
The 2016 Regulation sunset on 1 April 2026. The Remuneration Tribunal (Members' Fees and Allowances) Regulations 2026 (the Regulations) replicates the 2016 Regulation, with only minor amendments to simplify drafting.
The Regulations ensure members of the Tribunal remain entitled to annual fees and travel allowances consistent with previous arrangements.
Details of the Regulations are included in Attachment A. A Statement of Compatibility with Human Rights is included in Attachment B.
The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.
Commencement
The Regulations commence on 1 April 2026.
Consultation
The Tribunal Secretariat, staffed by Australian Public Service employees in the Australian Public Service Commission, was consulted on the Regulations.
Attachment A
NOTES ON SECTIONS
Section 1 – Name
This section provides that the name of the instrument is the Remuneration Tribunal (Members' Fees and Allowances) Regulations 2026.
Section 2 – Commencement
This section provides that the instrument commences on 1 April 2026.
Section 3 – Authority
This section provides that the Remuneration Tribunal (Members' Fees and Allowances) Regulations 2026 are made under section 12 of the Remuneration Tribunal Act 1973 (the Act).
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Section 5 – Definitions
This section notes that a number of expressions used in the instrument are defined in the Act, including ‘allowance’, ‘Departmental Secretary’, ‘member’, and ‘President’. The section also provides that the term ‘Act’ in the instrument means the Remuneration Tribunal Act 1973.
Section 6 – Fees
Section 6 sets out the fees payable to members of the Remuneration Tribunal. This section provides that the following fees are prescribed for a member for the financial year beginning on 1 July 2025 or a later financial year:
- for the President–$148,932 per year;
- for other members–$50,780 per year.
Section 7 – Allowances
Section 7 sets out travel allowances to which members of the Remuneration Tribunal are entitled when travelling on official business. This section provides that the travel allowances to which members of the Tribunal are entitled are the same as a Departmental Secretary.
Schedule 1–Repeals
Schedule 1 provides that the Remuneration Tribunal (Members’ Fees and Allowances) Regulations 2016 is repealed.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Remuneration Tribunal (Members' Fees and Allowances) Regulations 2026
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
This Disallowable Legislative Instrument replaces the Remuneration Tribunal (Members Fees and Allowances) Regulation 2016 (the 2016 Regulation), which was scheduled to sunset on 1 April 2026. The 2016 Regulation prescribed fees and allowances payable to members of the Remuneration Tribunal (the Tribunal).
This Disallowable Legislative Instrument replicates the 2016 Regulation, with only minor amendments to simplify drafting, and ensures members of the Tribunal remain entitled to annual fees and travel allowances consistent with previous arrangements.
Human rights implications
This Disallowable Legislative Instrument engages the right to the enjoyment of just and favourable conditions of work, which includes a right to fair wages and equal remuneration, in Article 7 of the International Covenant on Economic, Social and Cultural Rights. The Disallowable Legislative Instrument promotes the realisation of this right by ensuring that members of the Tribunal continue to be entitled to fees and allowances.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights because it promotes the right to the enjoyment of just and favourable conditions of work.