{"id":"F2017L00815","name":"Remuneration Tribunal Determination 2017/09: Judicial and Related Offices – Remuneration and Allowances","slug":"remuneration-tribunal-determination-2017-09-judicial-and-related-offices-remuneration-and-allowances","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96668,"registerId":"commonwealth-F2017L00815-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"As amended","sectionType":"part","heading":"As amended","content":"## As amended\n\nMade under sub-section 7(3), 7(4) and 7(4B) of the Remuneration Tribunal Act 1973.","sortOrder":0},{"sectionNumber":"Consolidated by the Remuneration Tribuna","sectionType":"part","heading":"Consolidated by the Remuneration Tribunal Secretariat as at 19 April 2018 and incorporates amending determinations up to and including 2018/03 — Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices.","content":"## Consolidated by the Remuneration Tribunal Secretariat as at 19 April 2018 and incorporates amending determinations up to and including 2018/03 – Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices.\n\nCompilation No. 7\n\n![](image.004.png) \n\nThis Determination governs remuneration and allowances for the offices specified in Tables 1, 2A, 2B, 3 and 4.\n\nContents\n\nPART 1 – GENERAL, RELATING TO OFFICES IN ALL TABLES............................1\n\nPART 2 – REMUNERATION AND RELATED MATTERS..................................2\n\nPART 3 – OFFICIAL TRAVEL AND RELATED MATTERS.................................9\n\nPART 4 – COMMONWEALTH PROVIDED VEHICLES AND REIMBURSEMENT OF PRIVATE VEHICLE RUNNING COSTS FOR JUDGES 9\n\nPART 5 – PROVISIONS FOR OFFICES ON TOTAL REMUNERATION......................11\n\nPART 6 – TRANSITIONAL ARRANGEMENTS FOR AAT MEMBERS COVERED BY SCHEDULE 9\n\nOF THE TRIBUNALS AMALGAMATION ACT 2015 (the Amending Act)...........15","sortOrder":1},{"sectionNumber":"PART 1","sectionType":"part","heading":"GENERAL, RELATING TO OFFICES IN ALL TABLES","content":"## PART 1 – GENERAL, RELATING TO OFFICES IN ALL TABLES\n\n 1.1 Authority: This Determination is issued pursuant to the Remuneration Tribunal Act 1973, sub-sections 7(3), 7(4) and 7(4B).\n 1.2 Effect of this determination: This Determination commences on 1 July 2017 except where specified otherwise. It supersedes and revokes in full Determination 2016/17 (as amended) – Judicial and Related Offices – Remuneration and Allowances.\n 1.2.1 Subject to Clause 1.2.2, this Determination sets a base level of remuneration and benefits for office holders. Other authorities may prescribe additional remuneration and/or benefits under, for example:\n (i) general Commonwealth laws concerned with employment;\n (ii) the specific Commonwealth Act that establishes an office (if any); and/or\n (iii) the Constitution, which grants certain executive powers to the Governor- General and to Ministers of State.","sortOrder":2},{"sectionNumber":"PART 2","sectionType":"part","heading":"REMUNERATION AND RELATED MATTERS","content":"## PART 2 – REMUNERATION AND RELATED MATTERS\n\n 2.1 Base Salary: A person who holds a full-time office specified in Table 1 or Table 2A shall be paid the Base Salary specified in Table 1 or Table 2A.\n 2.2 Additional Allowances: A Judge who also holds any of the following part-time offices shall be provided with an additional expense allowance of $2,326 a year commencing on 1 July 2017:\n (i) Aboriginal Land Commissioner;\n (ii) Chairman of the Australian Electoral Commission;\n (iii) Chief Judge of the Supreme Court of Norfolk Island; and\n (iv) other offices as specified in Table 1.\n 2.3 Remuneration of part-time office: Notwithstanding any other provision of this Determination, a person who holds office on a part-time basis, other than a member of the National Native Title Tribunal or the Administrative Appeals Tribunal (AAT):\n (i) may not be paid more than the base salary of the equivalent full-time office (if any) in respect of any financial year; and\n (ii) is deemed to hold a full-time office in that year for the purposes of entitlements, other than separation benefits and salary packaging, if paid an amount equal to the base salary of the equivalent full-time office in any given financial year.\n 2.3.1 Remuneration of Part-Time NNTT Members: Notwithstanding any other provision of this Determination, a person who holds office as a member of the National Native Title Tribunal on a part-time basis:\n (i) may not be paid more than the amount calculated as the Total Remuneration of the equivalent full-time office less 15.4 per cent of the full-time office’s Base Salary, in respect of any financial year; and\n (ii) is deemed to hold a full-time office in that year for the purposes of entitlements, other than separation benefits and salary packaging, if paid an amount equal to the amount calculated under 2.3.1 (i) in any given financial year.","sortOrder":3},{"sectionNumber":"Commencing on 1 July 2017","sectionType":"part","heading":"Commencing on 1 July 2017","content":"## Commencing on 1 July 2017\n\n| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |\n| ----------------------------------------- | -------------- | --------------- | --------------- | --------------- |\n| Office in Administrative Appeals Tribunal | 1 day per week | 2 days per week | 3 days per week | 4 days per week |\n| Deputy President | $81,140 | $162,280 | $243,420 | $324,560 |\n| Senior member (level 1) | $64,050 | $128,100 | $192,150 | $256,200 |\n| Senior member (level 2) | $53,910 | $107,820 | $161,730 | $215,640 |\n| Member (level 1) | $40,760 | $81,520 | $122,280 | $163,040 |\n| Member (level 2) | $36,230 | $72,460 | $108,690 | $144,920 |\n| Member (level 3) | $31,700 | $63,400 | $95,100 | $126,800 |\n\nPART 3 – OFFICIAL TRAVEL AND RELATED MATTERS\n\n 3.1 The provisions of Determination 2016/07 – Official Travel by Office Holders, (or any Determination that supersedes Determination 2016/07), apply to offices covered by this Determination, subject to any exclusions or limitations in this Determination. In establishing entitlements, the Travel Tier identified in this Determination for an office will apply under Determination 2016/07 (or any Determination that supersedes Determination 2016/07).\n 3.2 Justices of the High Court of Australia (including the Chief Justice) who do not establish their place of residence in Canberra shall be paid $34,160 a year in lieu of the travelling allowance that would otherwise be payable.\n 3.3 Military Justice System: The employer may approve housing, relocation and medical assistance in accordance with agency policy and practices for the offices of Chief Judge Advocate and the Registrar of Military Justice.\n 3.4 President, Fair Work Commission: The President has the same travel entitlements when travelling within Australia as the Chief Justice of the Federal Court.","sortOrder":4},{"sectionNumber":"PART 4","sectionType":"part","heading":"COMMONWEALTH PROVIDED VEHICLES AND REIMBURSEMENT OF PRIVATE VEHICLE RUNNING COSTS FOR JUDGES","content":"## PART 4 – COMMONWEALTH PROVIDED VEHICLES AND REIMBURSEMENT OF PRIVATE VEHICLE RUNNING COSTS FOR JUDGES\n\n 4.1 Definitions: For the purposes of this part of the Determination, the following definitions apply:\n 4.1.1 ‘Judge’ refers to a Judge other than a Federal Circuit Court Judge, unless the contrary intention appears;\n 4.1.2 ‘Fleet Vehicle Selection (FVS) Policy’, means Commonwealth Department of Finance policy on selection of passenger vehicles for the Australian Government Fleet;\n 4.1.3 ‘Commonwealth car-with-driver service’ means the arrangements for the use of a Commonwealth car-with-driver established from time to time by the Attorney-General with the Chief Justice of the High Court of Australia, the Chief Justice of the Federal Court of Australia and the Chief Justice of the Family Court of Australia for Judges of those Courts;\n 4.1.4 ‘principal registry’ means –\n (i) in the case of the High Court of Australia, the Registry of the Court;\n (ii) in the case of the Federal Court of Australia, the Principal Registry;\n (iii) in the case of the Family Court of Australia, the Principal Registry;","sortOrder":5},{"sectionNumber":"PART 5","sectionType":"part","heading":"PROVISIONS FOR OFFICES ON TOTAL REMUNERATION","content":"## PART 5 – PROVISIONS FOR OFFICES ON TOTAL REMUNERATION\n\n 5.1 Coverage and definitions: The provisions in this part of the Determination apply only to the offices listed in Table 3. For the purposes of this part of the Determination, the following definitions apply.\n 5.1.1 ‘Authority’ means the court, tribunal or other body to which the Office Holder is attached.\n 5.1.2 ‘Base Salary’ means the amount specified in column 3 of Table 3 of this Determination.\n 5.1.3 ‘Benefits’ means all non-monetary benefits provided at the Commonwealth’s expense to or on behalf of an Office Holder as a personal benefit including a vehicle (where provided), the value attributed by the Remuneration Tribunal to the Commonwealth’s superannuation contributions or Superannuation Support (refer clause 5.5) and any other benefits received by way of remuneration packaging (refer clause 5.4).","sortOrder":6},{"sectionNumber":"5.1.4 ‘Employer’s Superannuation Contrib","sectionType":"part","heading":"5.1.4 ‘Employer’s Superannuation Contribution’ means:","content":"## 5.1.4 ‘Employer’s Superannuation Contribution’ means:\n\n in respect of a member of a Commonwealth defined benefit scheme (including the Commonwealth Superannuation Scheme or the Public Sector Superannuation Scheme), the value attributed to the Employer’s Superannuation Contribution in accordance with sub-clauses 5.5.1, 5.5.2,\n\n5.5.4 or 5.5.5; or\n\n in respect of a member of the Public Sector Superannuation Accumulation Plan, 15.4% of ordinary time earnings (OTE) for the office holder; or\n in respect of a member of any other fund, the minimum level of employer superannuation contribution that would reduce to zero the charge percentage for that office holder under section 23 of the Superannuation Guarantee (Administration) Act 1992.\n\nContributions made on a salary sacrifice basis do not form part of the Employer’s Superannuation Contribution; these are covered by clause 5.4 (Remuneration packaging).\n\n 5.1.5 ‘Office Holder’ means a person appointed to an office listed in Table 3 of this Determination.\n 5.1.6 ‘Reference Salary’ means the Office Holder’s Total Remuneration, less the amount of the Employer’s Superannuation Contribution for the office holder.\n 5.1.7 ‘Total Remuneration’ is the amount shown in Columns 4 of Table 3 representing the value, calculated at the total cost to the Commonwealth (including Fringe Benefits Tax where applicable), of:\n\n salary (including Base Salary), allowances or lump sum payments;\n benefits; and\n the Employer’s Superannuation Contribution but does not include:\n the value of Business Support referred to in clause 5.7;\n reimbursement of expenses incurred on geographic relocation following appointment as an Office Holder, in accordance with the authority’s policies and practices where approved by the appropriate authority;\n travelling allowances and expenditure referred to in Part 3;\n any payment in lieu of recreation leave; and\n any separation benefits in accordance with clauses 2.8 – 2.8.6.","sortOrder":7},{"sectionNumber":"5.5","sectionType":"part","heading":"Superannuation Salary","content":"## 5.5 Superannuation Salary\n\n 5.5.1 For an Office Holder who is a member of the Commonwealth Superannuation Scheme:\n (a) the Officer Holder’s annual rate of salary for the purposes of the scheme is the Officer Holder’s Base Salary; and\n (b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Office Holder’s Base Salary.\n\n 5.5.2 For an Office Holder who is a member of the Public Sector Superannuation Scheme:\n (a) the Office Holder’s basic salary for the purposes of the scheme is the Office Holder’s Base Salary; and\n (b) the amount of the Officer Holder’s recognised allowances for the purposes of the scheme is zero; and\n (c) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Officer Holder’s Base Salary.\n\n 5.5.3 For an Office Holder who is a member of the Public Sector Superannuation Accumulation Plan, the Office Holder’s superannuation salary for the purposes of the scheme is the Office Holder’s ordinary time earnings (OTE).\n\n 5.5.4 For an Office Holder who is a member of the Defence Force Retirement and Death Benefits Scheme:\n (a) the Office Holder’s annual rate of salary for the purposes of the scheme is the Office Holder’s Base Salary; and\n (b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Office Holder’s Base Salary.\n\n 5.5.5 For an Office Holder who is a member of the Military Superannuation and Benefits Scheme:\n (a) the Office Holder’s annual rate of salary for the purposes of the scheme is the Office Holder’s Base Salary; and\n (b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Office Holder’s Base Salary.","sortOrder":8},{"sectionNumber":"PART 6","sectionType":"part","heading":"TRANSITIONAL ARRANGEMENTS FOR AAT MEMBERS COVERED BY SCHEDULE 9 OF THE TRIBUNALS AMALGAMATION ACT 2015 (the Amending Act)","content":"## PART 6 – TRANSITIONAL ARRANGEMENTS FOR AAT MEMBERS COVERED BY SCHEDULE 9 OF THE TRIBUNALS AMALGAMATION ACT 2015 (the Amending Act)\n\n 6.1 AAT members (with a term of appointment commencing prior to 1 July 2015): The provisions of Remuneration Tribunal Determination 2015/05 – Judicial and Related Offices – Remuneration and Allowances will continue to apply to members of the AAT who are subject to Item 4 of Schedule 9 to the Amending Act (i.e. for the remaining balance of the AAT member’s term of appointment that commenced before 1 July 2015), with the following exceptions:\n 6.1.1 Clause 2.5.4 (ii) of this determination will apply in lieu of clause 2.5.4 (ii) of Determination 2015/05; and\n 6.1.2 Remuneration as set out in Table 4 applies in lieu of the remuneration included in Tables 2A, 2B and 3 of Determination 2015/05:\n\n| Table 4 | Full-Time Salary and Part-Time Daily Fees – Transitional AAT Offices |\n| ------- | -------------------------------------------------------------------- |","sortOrder":9},{"sectionNumber":"Commences on 1 July 2017","sectionType":"part","heading":"Commences on 1 July 2017","content":"## Commences on 1 July 2017\n\n```html\n

Full-Time Office

Base Salary

Total Remuneration

Travel Tier

Deputy President

$348,410

$477,270

1

Senior Member

$275,000

$376,710

1

Member

$231,360

$317,110

1

Part-Time Office – Annual Fees

1 day per week

2 days per week

3 days per week

4 days per week

Deputy President

$81,140

$162,280

$243,420

$324,560

Senior Member

$64,050

$128,100

$192,150

$256,200

Member

$53,910

$107,820

$161,730

$215,640

Part-Time Office – Daily Fees

Daily fee

Travel Tier

Deputy President (1) (2)

$1,609

1

Senior Member (1) (2)

$1,273

1

Member (1) (2)

$1,069

1

(1) For part-time office holders a minimum annual payment of ten times the daily fee applies, whether the office holder receives a fee based on daily rates or on hourly rates (under 2.4).

(2) In addition to fees specified a part-time member shall be paid a cancellation fee equivalent to 50 per cent of one day’s fee where all of a day’s work is cancelled with fewer than 5 working days’ notice (this includes the circumstance where a hearing does not proceed on a day on which a member has attended).

\n```\n\n 6.2 Former Migration Review Tribunal and Refugee Review Tribunal (MRT/RRT) members: The provisions of Remuneration Tribunal Determinations 2017/11 – Remuneration and Allowances for Holders of Full-Time Public Office (as amended) and 2017/10 – Remuneration and Allowances for Holders of Part-Time Public Office (as","sortOrder":10},{"sectionNumber":"Notes to Remuneration Tribunal Determina","sectionType":"part","heading":"Notes to Remuneration Tribunal Determination 2017/09","content":"# Notes to Remuneration Tribunal Determination 2017/09\n\nJudicial and Related Offices – Remuneration and Allowances\n\nThis determination as shown in this compilation is amended as indicated in the tables below. Under the Legislation Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislation.","sortOrder":11},{"sectionNumber":"Table of Instruments","sectionType":"part","heading":"Table of Instruments","content":"# Table of Instruments\n\n```html\n

Title

Date of FRLI registration

Date of commencement

Application, saving or transitional provisions

Determination 2017/09 – Judicial and Related Offices –

Remuneration and Allowances

29/06/2017

F2017L00815

1/07/2017

-

Determination 2017/14 – Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

1/08/2017

F2017L00978

Cl 3.1, 3.2 – 2/08/2017

-

Determination 2017/17 – Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

30/08/2017

F2017L01108

Cl 3.2 – 27/08/2017

Cl 3.1, 3.3 – 31/08/2017

Determination 2017/18 – Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

04/10/2017

F2017L01321

Cl 3.2 – 3/04/2017

Determination 2017/21 – Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

12/12/2017

F2017L01611

Cl 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9,

3.10 – 13/12/2017

Determination 2017/22 – Remuneration and Allowances for Judicial and Related Offices

14/12/2017

F2017L01615

Cl (i), (ii), 1.1, 1.2, 1.3, 1.4 – 15.12.2017

Determination 2018/03 - Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices

18/04/2018

F2018L00491

Cl 3.2 – 1/01/2018

Cl 3.4, 3.5 – 19.04.2018

\n```","sortOrder":12}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2822},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Determination maintains its core focus on judicial and related office remuneration. The inclusion of transitional arrangements for AAT members affected by the Tribunals Amalgamation Act 2015 represents necessary machinery provisions to manage remuneration continuity during administrative restructuring, rather than an expansion into new policy areas."},"complexity_factors":["Multiple superannuation schemes (CSS, PSS, PSSAP, DFRDB, MSBS) with different calculation bases in Part 5","Complex part-time remuneration structure with tiered daily rates, annual pro-rata calculations, and minimum payment guarantees (10-day rule)","Transitional arrangements in Part 6 preserving legacy entitlements for pre-2015 AAT appointees and former Migration/Refugee Review Tribunal members","Cross-references to multiple other determinations (2016/07, 2015/05) for travel and predecessor pay rates","Nested definitions distinguishing Base Salary, Total Remuneration, Reference Salary, and Employer's Superannuation Contribution"],"plain_english_summary":"This Determination sets salaries, allowances, superannuation and work benefits for federal judges and tribunal members (including High Court, Federal Court, Family Court, AAT and related bodies). It establishes full‑ and part‑time pay rules (with day‑rate calculations for part‑time AAT members), employer super contributions, travel/car entitlements, and how total remuneration is calculated for cost‑to‑government.\n\nIt also preserves transitional pay/conditions for certain pre‑2015 AAT appointments and limits part‑timers from exceeding full‑time equivalents."}},"importantCases":[],"_links":{"self":"/api/acts/remuneration-tribunal-determination-2017-09-judicial-and-related-offices-remuneration-and-allowances","history":"/api/acts/remuneration-tribunal-determination-2017-09-judicial-and-related-offices-remuneration-and-allowances/history","analysis":"/api/acts/remuneration-tribunal-determination-2017-09-judicial-and-related-offices-remuneration-and-allowances/analysis","conflicts":"/api/acts/remuneration-tribunal-determination-2017-09-judicial-and-related-offices-remuneration-and-allowances/conflicts","importantCases":"/api/acts/remuneration-tribunal-determination-2017-09-judicial-and-related-offices-remuneration-and-allowances/important-cases","documents":"/api/acts/remuneration-tribunal-determination-2017-09-judicial-and-related-offices-remuneration-and-allowances/documents"}}