Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018

Administered by Department of the Prime Minister and Cabinet

Legislation au F2018L00898 In force Legislative Instrument

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Explanatory Statement:  Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018

  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 Judges of Federal Courts and most full-time and part-time holders of public offices, including Specified Statutory Offices.  An additional function of the Tribunal is to determine a classification structure for Principal Executive Offices and the terms and conditions applicable to each classification within the structure.

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.

Restructure of Determination

6.        The Tribunal has taken the opportunity to review, restructure and reformat its determinations to reflect standard Commonwealth drafting practice and to improve clarity and readability.  This has involved the restructuring and rewording of certain provisions.  The Office of Parliamentary Counsel was engaged to assist in this process. 


7.        Recreation leave provisions for the Administrator, Christmas and Cocos (Keeling) Islands and the Administrator, Norfolk Island contained in Part 5 of the previous determination, Determination 2017/11 Remuneration and Allowances for Holders of Full-Time Public Office, have been removed from that determination and are now contained in this determination.

8.        Consultation was considered unnecessary by the Tribunal given there have been no other changes to the terms and conditions set out in the previous determination.  As noted in paragraph 6 the new determination has been restructured and reformatted to reflect standard Commonwealth drafting practice.

Retrospectivity

9.        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.

The power to repeal, rescind and revoke, amend and vary

10.   Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Details of the determination are as follows:  

SECTIONS 1 – 4

11.   Specify the authority for and the commencement date of the determination and supersedes previous Determination 2012/11 Recreation Leave for Full-Time Holders of Relevant Offices (as amended) applying to the offices covered by this determination.

SECTIONS 5 – 7

12.   Contain definitions of certain words used in the determination, and outline the application of the determination and the effect of instruments specified in Schedules to the determination.

SECTIONS 8 – 10

13.   Set out the arrangements for accrual of recreation leave, credits accrued prior to appointment, and recreation leave accrued under earlier determinations.

SECTIONS 11 – 14

14.   Set out additional recreation leave entitlements for certain office holders, arrangements for the administration and approval of recreation leave, and payment in lieu of recreation leave.

SCHEDULE 1 – REPEALS

15.   Schedule 1 specifies instruments which have been amended or repealed.

Authority: Sub-sections 7(3) and 7(4)

Remuneration Tribunal Act 1973

 

Overview

The Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018 was enacted under the Remuneration Tribunal Act 1973. This legislation addresses the need for a structured and transparent framework to determine the recreation leave entitlements of key Commonwealth office holders. The Remuneration Tribunal, established by the Act, operates as an independent statutory authority, charged with the responsibility of ensuring that the remuneration, allowances, and entitlements of public office holders, including judges and principal executive officers, are determined fairly and accurately. This Determination serves to restructure and reformat the Tribunal’s previous provisions, improving clarity and readability while adhering to standard Commonwealth drafting practices. The policy objective is to provide a clear and accessible framework for determining recreation leave entitlements, ensuring consistency and fairness in the application of these entitlements across relevant offices.

Scope and Application

The Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018, under the Remuneration Tribunal Act 1973, applies to key Commonwealth office holders, including Judges of Federal Courts and most full-time and part-time holders of public offices such as Specified Statutory Offices. The scope of this legislation encompasses the determination of recreation leave entitlements for these office holders, which has been restructured and reformatted to align with standard Commonwealth drafting practices to enhance clarity and readability. The Tribunal exercises its functions independently and is not bound by formal proceedings or rules of evidence, allowing it to gather information through various means, including consultation with portfolio ministers and other relevant bodies. The geographic reach of this legislation is national, as it pertains to the remuneration and entitlements of office holders across Australia. Notably, the determination does not apply retrospectively in a manner that would disadvantage any person other than the Commonwealth or its authorities, as per the provisions of the Legislation Act 2003. The determination has the power to be repealed, rescinded, revoked, amended, or varied under the Acts Interpretation Act 1901, reflecting the dynamic nature of legislative instruments in adapting to changing circumstances.

Key Provisions

The Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018 (the Determination) is a legislative instrument made under the authority of the Remuneration Tribunal Act 1973 (the Act). The Determination primarily concerns the recreation leave entitlements for certain office holders, including the Administrator, Christmas and Cocos (Keeling) Islands and the Administrator, Norfolk Island, as specified in Sections 1 to 4 (paragraphs 11 to 14). It supersedes the previous Determination 2012/11, which covered the same offices. The commencement date of this Determination is critical for understanding when the new provisions come into effect, replacing the earlier provisions. The Determination imposes certain obligations on the parties it governs. It requires that the Tribunal consider various factors when deliberating on the appropriate remuneration for an office. These factors include 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 (paragraphs 2 to 5). The Tribunal is empowered to gather information in any manner it deems fit and is not restricted by the rules of evidence (Section 11 of the Act, paragraph 2). Failure to comply with the provisions of the Determination can lead to legal consequences. The Act includes provisions for offences, penalties, and civil/criminal consequences for breaches. The Determination itself does not specify particular offences or penalties but operates under the general legal framework established by the Act. It is important to note that the retrospective application of the Determination is in accordance with subsection 12(2) of the Legislation Act 2003, ensuring that it does not adversely affect the rights of individuals or impose new liabilities unless explicitly intended (paragraph 9). Additionally, the power to repeal, rescind, revoke, amend, or vary the Determination is conferred under subsection 33(3) of the Acts Interpretation Act 1901 (paragraph 10). This provision ensures that any legislative instrument made under the Act can be modified in the same manner and subject to the same conditions as originally conferred. The authority for these actions is specified in Sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973 (paragraph 15).

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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.