{"id":"F2018L00899","name":"Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018","slug":"remuneration-tribunal-compensation-for-loss-of-office-for-holders-of-certain-public-offices-determin","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439679,"registerId":"F2018L00899-fast-fetch-1775955612526","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nRemuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018\n\nWe, the members of the Remuneration Tribunal, make the following determination.\n\nDated 25 June 2018\n\n \n\n| John Conde AO | Ewen Crouch AM | Heather Zampatti |\n| --- | --- | --- |\n| President | Member | Member |\n|  |  |  |\n\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Determination supersedes previous determination\n\n5 Schedule\n\n6 Definitions\n\n7 Application of this instrument\n\n8 Entitlement to compensation for loss of office\n\nSchedule 1—Repeals\n\nDetermination 2014/17: Compensation for Loss of Office for Holders of Public Office\n\n1  Name\n\n  This instrument is the Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2018. 1 July 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsections 7(3) and (4) of the Remuneration Tribunal Act 1973.\n\n4  Determination supersedes previous determination\n\n  This instrument supersedes Determination 2014/17: Compensation for Loss of Office for Holders of Public Office.\n\n5  Schedule\n\n  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.\n\n6  Definitions\n\n  In this instrument:\n\nAPS employment means employment as an APS employee (within the meaning of the Public Service Act 1999).\n\nCommonwealth company has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\nCommonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.\n\nemployer superannuation contribution, for an office holder, has the same meaning it has in the relevant principal determination in relation to the office holder.\n\noffice holder: see section 7.\n\nreference salary, in relation to an office holder, means the office holder’s total remuneration, less the amount that reflects the employer superannuation contribution for the office holder.\n\nrelevant principal determination, in relation to an office holder, means the determination mentioned in section 7 that applies to the office holder.\n\ntotal remuneration, in relation to an office holder, has the same meaning it has in the relevant principal determination in relation to the office holder.\n\n7  Application of this instrument\n\n (1) This instrument applies to a person (an office holder) who holds one of the following:\n\n (a) an office to which the Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2018 (or any determination that supersedes that determination) applies;\n\n (b) an office to which the Remuneration Tribunal (Specified Statutory Offices—Remuneration and Allowances) Determination 2018 (or any determination that supersedes that determination) applies;\n\n (c) an office to which Part 3 of the Remuneration Tribunal (Judicial and Related Offices—Remuneration and Allowances) Determination 2018 (or any determination that supersedes that determination) applies.\n\n (2) However, this instrument does not apply to an office holder if the office holder:\n\n (a) was appointed on a part‑time basis; and\n\n (b) is eligible for either a daily fee or annualised fee (rather than total remuneration or a proportion of total remuneration).\n\n8  Entitlement to compensation for loss of office\n\n (1) An office holder is entitled to compensation for loss of office if the office holder’s appointment is terminated prior to the expiry of the term of the office holder’s appointment, unless an exclusion event occurs.\n\n (2) The compensation payable is calculated on the basis of one‑third of one month of reference salary for each month of service remaining in the term of the office holder’s appointment with:\n\n (a) a minimum payment of 4 months of reference salary; and\n\n (b) a maximum payment of a year of reference salary.\n\n (3) The Commonwealth may calculate service remaining by excluding any period of Commonwealth service in alternative employment to be performed during the remaining term of the appointment where the alternative employment commenced immediately after the termination. The Commonwealth may require an office holder to sign a release in return for the payment.\n\nExclusion event\n\n (4) An exclusion event is any of the following events:\n\n (a) the office holder resigns or retires;\n\n (b) the office holder serves the office holder’s full term of appointment;\n\n (c) the office holder’s appointment terminates prematurely for reasons of misbehaviour or unsatisfactory performance;\n\n (d) the office holder’s appointment terminates prematurely because the office holder is not able to perform the duties of the office because of physical or mental incapacity;\n\n (e) the office holder:\n\n (i) becomes bankrupt; or\n\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n\n (iii) compounds with the office holder’s creditors; or\n\n (iv) makes an assignment of the office holder’s remuneration for the benefit of the office holder’s creditors;\n\n (f) the office holder is offered suitable alternative employment (including in a Commonwealth company or Commonwealth entity).\n\n (5) Without limiting paragraph (4)(f), an offer of suitable alternative employment is taken to have been made to the office holder if the office holder is:\n\n (a) on leave without pay or some other form of authorised absence from APS employment; and\n\n (b) able to resume that employment following the termination of the office holder’s appointment.\n\nSchedule 1—Repeals\n\n \n\nDetermination 2014/17: Compensation for Loss of Office for Holders of Public Office\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly supersedes and repeals Determination 2014/17 (Schedule 1) and ties entitlement to offices covered by the Tribunal’s 2018 remuneration determinations, while excluding part‑time/daily‑fee holders (s 4; s 7(1)–(2)). It also clarifies the calculation basis (reference salary) and adds express Commonwealth procedures for offsetting alternative employment and obtaining a release (s 6; s 8(3)–(5)). These updates indicate a revised scope and administrative approach compared with the repealed instrument."},"complexity_factors":["Cross‑references to other Tribunal determinations to define covered offices (application depends on external instruments) (s 7(1))","Definition of reference salary as total remuneration less employer superannuation contribution creates a two‑step calculation (s 6)","Formulaic entitlement with per‑month rate plus explicit minimum and maximum caps adds arithmetic but is predictable (s 8(2))","Multiple exclusion events that cancel entitlement require factual and legal assessment (resignation, full term, misconduct, incapacity, insolvency, suitable alternative employment) (s 8(4))","Commonwealth discretion to exclude service remaining where alternative employment commences immediately and to require a release introduces administrative discretion and negotiation (s 8(3))","Explicit exclusion of part‑time appointees paid daily or annualised fees narrows application but requires verification of payment basis (s 7(2))","Instrument supersedes and repeals the 2014 determination, so administrators must reconcile changes and apply the new text (s 4; Schedule 1)"],"plain_english_summary":"This determination sets when the Commonwealth must pay severance to certain public office holders who are terminated before their appointment term ends. It applies to holders covered by the Remuneration Tribunal’s 2018 determinations (not part‑time or daily‑fee appointees) and uses a formulaic payment calculated from an office holder’s reference salary, subject to minimum and maximum limits. It matters because it defines who receives pay on early termination, how much they receive, and the circumstances that exclude entitlement."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and update of the previous 2014 determination (Determination 2014/17), which it explicitly repeals. The scope remains limited to compensation for loss of office for specific categories of public office holders, with no expansion into new areas or categories of recipients."},"complexity_factors":["Short instrument with only 8 operative sections plus a repeal schedule","7 defined terms in section 6, all referencing external legislation or other determinations","Simple conditional structure: basic entitlement in section 8(1)-(2), followed by specific exclusions in subsection (4)","Single cross-reference dependency: relies on three other Remuneration Tribunal determinations to define who is covered (section 7)","Straightforward mathematical formula for calculating compensation (one-third of monthly salary × remaining months, with min/max caps)","No nested exceptions or complex temporal provisions","Clear exclusion events listed exhaustively in subsection (4)"],"plain_english_summary":"This Determination sets rules for severance-style compensation for senior Australian public office holders appointed for fixed terms who lose office early. It covers full-time, specified statutory and certain judicial office holders (not part‑time fee-paid appointees).\n\nCompensation is generally one‑third of a month's pay per remaining month of term, with a 4‑month minimum and 12‑month maximum, calculated using reference salary; payments are excluded for voluntary departures, misconduct, incapacity, insolvency, suitable alternative employment or return to APS roles."}},"importantCases":[],"_links":{"self":"/api/acts/remuneration-tribunal-compensation-for-loss-of-office-for-holders-of-certain-public-offices-determin","history":"/api/acts/remuneration-tribunal-compensation-for-loss-of-office-for-holders-of-certain-public-offices-determin/history","analysis":"/api/acts/remuneration-tribunal-compensation-for-loss-of-office-for-holders-of-certain-public-offices-determin/analysis","conflicts":"/api/acts/remuneration-tribunal-compensation-for-loss-of-office-for-holders-of-certain-public-offices-determin/conflicts","importantCases":"/api/acts/remuneration-tribunal-compensation-for-loss-of-office-for-holders-of-certain-public-offices-determin/important-cases","documents":"/api/acts/remuneration-tribunal-compensation-for-loss-of-office-for-holders-of-certain-public-offices-determin/documents"}}