Section 1 - Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination (No. 1) 2023 - Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination (No. 1) 2023 | Zoe
Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination (No. 1) 2023
1Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination (No. 1) 2023
Start here
Get a plain-English read of 1
Turn the raw legal text into a practical explanation grounded in Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination (No. 1) 2023.
Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination (No. 1) 2023
We, the members of the Remuneration Tribunal, make the following determination.
Dated 8 June 2023
Signed
Signed
Signed
John Conde AO
Heather Zampatti
Stephen Conry AM
President
Member
Member
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 When this instrument takes effect
4 Authority
5 Determination supersedes previous determination
6 Schedules
7 Simplified outline of this instrument
8 Definitions
Part 2—General provisions
9 Fees are gross fees
10 Remuneration packaging
11 Employer shortfall exemption certificate
12 Other holders of part‑time public office
Part 3—Annual fees
13 Simplified outline of this Part
14 Application of this Part
15 Payment of annual fees
16 Annual fees
17 Special provisions for certain offices
Part 4—Daily fees
18 Simplified outline of this Part
19 Application of this Part
20 Payment of daily fees
21 Calculation of daily fees
22 Daily fees
23 Special provisions for certain offices
24 Specified professional committees
Part 5—Annual meeting fees and additional daily fees
25 Simplified outline of this Part
26 Application of this Part
27 Payment of annual meeting fees
28 Payment of additional daily fees
29 Authority business—exclusion
30 Calculation of additional daily fees
31 Annual meeting fees and additional daily fees
32 Special provisions for certain offices
Part 6—Base fees and meeting fees
33 Simplified outline of this Part
34 Application of this Part
35 Payment of base fees
36 Payment of meeting fees
37 Base fees and meeting fees
38 Special provisions for certain offices
Part 7—Aboriginal Land Councils fees
39 Simplified outline of this Part
40 Application of this Part
41 Payment of daily fees
42 Calculation of daily fees
43 Travel tier
44 Daily fees
Schedule 1—Repeals
Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2022
Part 1—Preliminary
1 Name
This instrument is the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination (No. 1) 2023.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered.
Note: 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.
(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.
3 When this instrument takes effect
(1) Subject to subsection (2), this instrument takes effect when it commences.
(2) The item of Table 3A that deals with the Chair of the Tax Practitioners Board takes effect on 29 May 2023.
4 Authority
This instrument is made under subsections 7(3) and (4) of the Remuneration Tribunal Act 1973.
5 Determination supersedes previous determination
This instrument supersedes the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2022.
6 Schedules
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.
7 Simplified outline of this instrument
This instrument is structured so that Part 2 contains general provisions, and each of Parts 3 to 7 contains the provisions for a specific remuneration model, as follows:
• Part 3 applies to office holders remunerated by annual fees;
• Part 4 applies to office holders remunerated by daily fees;
• Part 5 applies to office holders who are remunerated under an annual meeting fee and additional daily fee model;
• Part 6 applies to office holders who are remunerated under a base (annual) fee and (daily) meeting fee model;
• Part 7 applies to offices of the Aboriginal Land Councils.
8 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including office and public office.
In this instrument:
ADF Super member has the same meaning as in the Australian Defence Force Superannuation Act 2015.
agency, of an office holder, means:
(a) the agency to which the office holder is attached; or
(b) if the office holder is not attached to an agency—the portfolio Department.
authority is the body or office to which an office holder is appointed.
authority business means any authority business conducted by an office holder with the authority’s approval, but does not include the following:
(a) attendance at a formal meeting;
(b) official travel time on a meeting day;
(c) normal preparation time for a formal meeting (although time spent by the office holder preparing for a formal meeting may be treated as authority business if the Chair considers the time excessive to normal preparation time).
CSS (short for Commonwealth Superannuation Scheme) has the same meaning as in the Superannuation Act 1976.
DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.
employing authority, in relation to an office holder, means an entity exercising a power or performing a function in relation to the office holder’s employment or remuneration.
fringe benefits tax means fringe benefits tax (within the meaning of the Fringe Benefits Tax Assessment Act 1986 as it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986).
MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.
normal preparation time means the time that a member of an authority (including the Chair or a Deputy Chair) ordinarily requires to prepare for a meeting of the authority. It can occur on either a day of a meeting or on another day.
office holder means the holder of a part‑time public office.
official travel determination means the Remuneration Tribunal (Official Travel) Determination 2022 (or any determination that supersedes that determination).
official travel time is the reasonable period, certified by a Chair, that an office holder spends travelling on official business away from the town or city in which the office holder’s principal place of residence is located. The Chair may consider agency travel guidelines (if any) when determining the reasonable period.
PSS (short for Public Sector Superannuation Scheme) has the same meaning as Public Sector Superannuation Scheme has in the Superannuation Act 1990.
PSSAP (short for Public Sector Superannuation Accumulation Plan) has the same meaning as in the Superannuation Act 2005.
specified professional committee means a professional committee specified in Table 4C.
Table 2A means the table of daily fees in subsection 12(1).
Table 3A means the table of annual fees in section 16.
Table 3B means the table of special provisions for certain offices in section 17.
Table 4A means the table of daily fees in section 22.
Table 4B means the table of special provisions for certain offices in section 23.
Table 4C means the table of specified professional committees in section 24.
Table 5A means the table of annual meeting fees and additional daily fees in section 31.
Table 5B means the table of special provisions for certain offices in section 32.
Table 6A means the table of base fees and meeting fees in section 37.
Table 6B means the table of special provisions for certain offices in section 38.
Table 7B means the table of daily fees for holders of public offices in Aboriginal Land Councils in section 44.
Part 2—General provisions
9 Fees are gross fees
Fees set out in this instrument are gross fees, and no additional amount is payable by the employing authority to meet any taxation obligations.
10 Remuneration packaging
(1) An employing authority may provide access to remuneration packaging to office holders.
(2) An office holder may elect to take the fees and allowances payable under this instrument either as a cash payment, or a combination of a cash payment and other benefits.
(3) An election made in accordance with subsection (2) must be consistent with:
(a) applicable agency policies and procedures on remuneration packaging; and
(b) relevant taxation laws, rulings and guidelines issued by the Australian Taxation Office.
(4) Remuneration packaging must be administered without additional cost to the employing authority and any fringe benefits tax associated with a benefit must be included in the remuneration package.
11 Employer shortfall exemption certificate
(1) This section applies to an office holder if:
(a) the office holder is not a member of the CSS, DFRDB, MSBS, PSS or PSSAP, or an ADF Super member; and
(b) an employer shortfall exemption certificate has been issued under the Superannuation Guarantee (Administration) Act 1992 to the office holder in relation to:
(i) the office holder’s employer; and
(ii) a quarter in a financial year.
(2) Any remuneration payable to the office holder in accordance with this instrument in respect of the quarter is to be increased by the amount of the minimum contribution that would (if the certificate had not been issued), under section 23 of the Superannuation Guarantee (Administration) Act 1992, reduce the charge percentage for the office holder to nil.
12 Other holders of part‑time public office
(1) The following daily fees apply to offices that are not specified in Part 3, 4, 5, 6 or 7.
Table 2A—Other office holders
Column 1Kind of office Column 2Daily fee
Chair $572
Member $430
(2) Fees set out in subsection (1) are to be paid in accordance with Part 4.
(3) For the purposes of the official travel determination, travel tier 2 applies to an office holder whose fees are set out in subsection (1).
Note: This instrument applies only to offices that are public offices (see the definition of public office in subsection 3(4) of the Act).
Part 3—Annual fees
13 Simplified outline of this Part
This Part applies to office holders who receive an annual fee. It sets out the way fees are paid and the activities covered by the fee. Table 3A sets out the following:
• the individual public offices remunerated by annual fees;
• the fees payable to Chairs, Deputy Chairs and Members (where applicable);
• any additional provisions or conditions that apply to the office;
• the travel tier for the office.
14 Application of this Part
This Part applies to office holders whose annual fees are set out in Table 3A.
15 Payment of annual fees
(1) The annual fees set out in Table 3A are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual fee covers all activities undertaken by the office holder in performing the duties of their office.
Reduction for lengthy absence
(2) The annual fee is proportionally reduced where an office holder is unavailable to perform the duties of their office for a period of more than 3 months, except to the extent that a reduction would be inconsistent with the terms of the office holder’s appointment.
16 Annual fees
The following table (Table 3A) sets out, for each office holder or authority in column 1:
(a) if column 1 specifies an office holder—the annual fee for the office holder; and
(b) if column 1 specifies an authority—the annual fee for one or more of the following office holders in relation to the authority:
(i) the Chair;
(ii) a Deputy Chair;
(iii) a member other than the Chair or a Deputy Chair; and
(c) the special provisions (if any) of this instrument that apply to the office holder or office holders; and
(d) the travel tier that applies to the office holder or office holders for the purposes of the official travel determination.
Note: Some authorities specified in column 1 have office holders who receive daily fees under Part 4, who are not covered by this instrument because they hold office on a full‑time basis, or who do not receive fees.
1 Audit fees A member (other than the Chair or Deputy Chair) who is also appointed to an Audit Committee (however named) is entitled to additional fees as follows:(a) for the Chair of the Audit Committee—$23,050 per year;(b) for a member of the Audit Committee—$11,530 per year.
2 Audit fees A member (other than the Chair or Deputy Chair) who is also appointed to an Audit Committee (however named) is entitled to additional fees as follows:(a) for the Chair of the Audit Committee—$16,770 per year;(b) for a member of the Audit Committee—$8,390 per year.
3 Audit fees A member (other than the Chair or Deputy Chair) who is also appointed to an Audit Committee (however named) is entitled to additional fees as follows:(a) for the Chair of the Audit Committee—$10,160 per year;(b) for a member of the Audit Committee—$5,080 per year.
4 Travel tier The Chair is entitled to tier 1 travel arrangements. Other members or directors are entitled to tier 2 travel arrangements.
5 Travel tier The Chair and Deputy Chair are entitled to tier 1 travel arrangements. Other members or directors are entitled to tier 2 travel arrangements.
6 Australia Post A member (other than the Chair or Deputy Chair) who is also appointed to the People and Sustainability Committee is entitled to additional fees as follows:(a) for the Chair of the People and Sustainability Committee—$19,640 per year;(b) for a member of the People and Sustainability Committee—$9,830 per year.
7 Australia Post—Deputy Chair The Deputy Chair is entitled to additional fees as follows:(a) if the Deputy Chair is also appointed as Chair of the Audit and Risk Committee—$23,050 per year;(b) if the Deputy Chair is also appointed as a member of the Audit and Risk Committee—$11,530 per year.
8 ASC Pty Ltd A member (other than the Chair or Deputy Chair) who is also appointed to the Business Assurance and Security Committee (the BAS Committee) is entitled to additional fees as follows:(a) for the Chair of the BAS Committee—$16,110 per year;(b) for a member of the BAS Committee—$8,060 per year.
9 National Disability Insurance Agency A member (other than the Chair) who is also appointed to the Sustainability Committee is entitled to additional fees as follows:(a) for the Chair of the Sustainability Committee—$12,550 per year;(b) for a member of the Sustainability Committee (other than Dr Peta Seaton)—$6,280 per year;(c) for Dr Peta Seaton, while she is a member of the Sustainability Committee—$3,140 per year.
10 National Disability Insurance Agency Dr Peta Seaton is to receive, while she occupies the office of member, an annual fee of $53,349 instead of the amount in column 4 of Table 3A.
11 National Disability Insurance Agency Dr Denis Napthine is to receive, while he occupies the office of member, an annual fee of $53,349 instead of the amount in column 4 of Table 3A.
12 Australian Digital Health Agency Board A member (other than the Chair) who is also appointed to chair a Standing Advisory Committee is entitled to an additional fee of $10,920 per year.
13 Innovation and Science Australia Board The Chair and Members of the Innovation and Science Australia Board are to receive remuneration for only one committee.
14 Indigenous Business Australia A member (other than the Chair or Deputy Chair) who is also appointed to the Finance, Investment and Products Committee is entitled to additional fees as follows:(a) for the Chair of the Finance, Investment and Products Committee—$12,550 per year;(b) for a member of the Finance, Investment and Products Committee—$6,280 per year.
15 Cancer Australia Advisory Council The Hon Jillian Skinner is to receive an annual member fee of $34,980 instead of the amount in column 4 of Table 3A.
16 Australian Film Television and Radio School—Council A member (other than the Chair) who is also appointed Chair of the Academic Board is entitled to an additional fee of $12,550 per year.
17 Pharmaceutical Benefits Advisory Committee (PBAC) A member (other than the Chair or Deputy Chair) who is a PBAC Executive sub‑committee member is entitled to an additional fee of $11,040 per year.
18 Commonwealth Scientific and Industrial Research Organisation—committees A member (other than the Chair) who chairs either of the following committees is entitled to an additional fee of $12,000 per year:(a) the People and Safety Committee;(b) the Science Excellence Committee.
19 Australian War Memorial Council During the period beginning on 21 October 2019 and ending on 30 June 2028:(a) the Chair of the Australian War Memorial Council is entitled to an additional fee of $30,000 per year; and(b) other members of the Australian War Memorial Council are entitled to an additional fee of $15,000 per year.
20 Aboriginal Hostels Limited A member (other than the Chair) who is also appointed to the Audit, Risk and Finance Committee or the Asset Management Committee is entitled to additional fees as follows:(a) for the Chair of the Audit, Risk and Finance Committee—$16,770 per year;(b) for a member of the Audit, Risk and Finance Committee—$8,390 per year;(c) for the Chair of the Asset Management Committee—$8,390 per year;(d) for a member of the Asset Management Committee—$4,200 per year.A member who is covered by more than one of the above paragraphs receives only the highest additional fee for any of the paragraphs that applies to the member.
21 Australian Rail Track Corporation While the Hon Katrina Hodgkinson occupies the office of Member she is to receive an annual fee of $59,900 instead of the amount in column 4 of Table 3A.
22 Australia Council The Hon Don Harwin is to receive, while he occupies the office of member, an annual fee of $34,406 instead of the amount in column 4 of Table 3A.
23 Australia Council Despite item 3 of this table, the Hon Don Harwin is to receive, while he is a member of the Audit Committee (however named) of the Australia Council, a fee of $2,543 per year.
Part 4—Daily fees
18 Simplified outline of this Part
This Part applies to office holders who receive a daily fee. It sets out the conditions that must be met for payment of fees, including certification of hours and minimum claim and maximum payment arrangements. Table 4A identifies the following:
• the individual public offices remunerated by daily fees;
• the fees payable to Chairs, Deputy Chairs and Members (where applicable);
• any additional provisions or conditions that apply to the office;
• the travel tier for the office.
This Part also applies to office holders whose daily fees are set out in Table 2A.
19 Application of this Part
This Part applies to:
(a) office holders whose daily fees are set out in Table 2A; and
(b) office holders whose daily fees are set out in Table 4A.
20 Payment of daily fees
(1) The daily fees set out in Tables 2A and 4A are payable in accordance with this Part.
Note 1: If a person undertakes activities for which the person receives an annual fee under this instrument, the person is not entitled to a daily fee for those activities.
Note 2: If a person undertakes activities for which the person does not receive an annual fee under this instrument, the person is entitled to only one daily fee under this instrument for those activities.
Certification of time
(2) For an office holder other than the Chair, daily fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time.
(3) However, if the Chair is absent from a meeting, the office holder’s daily fees which relate to that meeting may only be paid after the nominated presiding officer for the meeting certifies the total time claimed by the office holder for the day or days to which those fees relate.
(4) For the Chair, daily fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or employing authority.
Maximum payment
(5) The maximum payable for any one day is one daily fee.
Minimum claim
(6) Unless the employing authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one daily fee.
21 Calculation of daily fees
Meeting days
(1) The amount of a daily fee paid to an office holder for a meeting day is:
(a) if the office holder’s qualifying meeting day time is less than 2 hours—40% of the daily fee; or
(b) if the office holder’s qualifying meeting day time is at least 2 hours and less than 3 hours—60% of the daily fee; or
(c) otherwise—100% of the daily fee.
(2) For the purposes of subsection (1), qualifying meeting day time is time that an office holder spends on a meeting day:
(a) attending a formal meeting; or
(b) on authority business; or
(c) on official travel time.
Non‑meeting days
(3) The amount of a daily fee paid to an office holder for a non‑meeting day is 20% of the daily fee set out in Table 4A for each hour, to a maximum of 5 hours per day, that the office holder spends:
(a) on authority business; or
(b) on official travel time.
Note: Normal preparation time must not be taken into account in working out fees under this section (see paragraph (c) of the definition of authority business in section 8).
22 Daily fees
The following table (Table 4A) sets out, for each office or authority in column 1:
(a) if column 1 specifies an office—the daily fee for the office holder; and
(b) if column 1 specifies an authority—the daily fee for each of the following office holders in relation to the authority:
(i) the Chair;
(ii) a Deputy Chair;
(iii) a member other than the Chair or a Deputy Chair; and
(c) the special provisions (if any) of this instrument that apply to the office holder or office holders; and
(d) the travel tier that applies to the office holder or office holders for the purposes of the official travel determination.
Note: Some offices or authorities specified in column 1 have office holders who receive annual fees under Part 3 or annual meeting fees under Part 5, who are not covered by this instrument because they hold office on a full‑time basis, or who do not receive fees.
Torres Strait Regional Authority Member Advisory Committees $516 2
Australian Bravery Decorations Council No fee No fee 1
Council for the Order of Australia No fee No fee 1
Military Rehabilitation and Compensation Commission No fee No fee Table 4B, item 17 2
National Emergency Medal Committee No fee No fee 1
23 Special provisions for certain offices
The provisions in column 2 of the following table (Table 4B) apply for the purposes of paragraph 22(c).
Table 4B—Special provisions for certain offices
Item Column 1Office Column 2Special provision
1 Professional Services Review—Determining Authority The following are to be paid in accordance with Part 6 instead of this Part:(a) the Chair;(b) the non‑practitioner member mentioned in paragraph 106ZPA(1)(b) of the Health Insurance Act 1973;(c) the member appointed, as mentioned in paragraph 106ZPA(1)(c) of that Act, as a medical practitioner (within the meaning of that Act). To avoid doubt, this does not include a member who is a medical practitioner but whose appointment relates to another kind of practitioner (within the meaning of Part VAA of that Act).
2 Inspector‑General of Biosecurity The daily fee is capped at 175 days per year.
3 Specialist Medical Review Council In addition to the relevant daily fee, the Convenor is to receive a retainer of $30,320 per year. A councillor who is appointed as a presiding councillor under subsection 196ZK(3) of the Veterans’ Entitlements Act 1986 is to receive a retainer of $20,460 per year in addition to the relevant daily fee.
4 Gene Technology Committees An Expert Advisor appointed to either the Gene Technology Technical Advisory Committee or the Gene Technology Ethics and Community Consultative Committee is to receive $901 per day and is entitled to Tier 1 Travel.
5 Repatriation Medical Authority In addition to the relevant daily fee, retainers of $60,540 per year for the Chair and $40,370 per year for Members are payable.
6 Selection Committees for Research and Development Corporations This entry refers to Selection Committees established under Part 4 of the Primary Industries Research and Development Act 1989.
7 Committees of Research and Development Corporations This entry refers to committees established under Part 2 of the Primary Industries Research and Development Act 1989.
8 Editorial Advisory Board Subject to a minimum payment of $3,518 per year.
9 Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections (MACBBVSTI) Members appointed as organisational representatives, such as Federal Parliamentarians and State or Territory officials, do not receive the travel allowance determined for MACBBVSTI Members if they have an entitlement to travel allowance from a different source.
10 Examiner, Australian Criminal Intelligence Commission The maximum amount an Examiner who is paid by way of daily fees can be paid in one year is $254,140.
11 Australian Competition and Consumer Commission—Associate Member (Agriculture) The office holder is to receive an annual fee of $274,370 while working the equivalent of 3 days per week, in accordance with Part 3, instead of the amount in column 4 of Table 4A.
12 Fair Work Commission—Expert Panel Member Fees for all official business are to be calculated in accordance with subsection 21(3). Subsection 21(1) does not apply.
13 Classification Review Board When the Deputy Convenor acts as Convenor, the Deputy Convenor is entitled to the remuneration and other conditions determined for the Convenor.
14 Defence Force Advocate The daily fee specified in Table 4A is payable when the Advocate undertakes tasks that do not require the advocacy and legal advice skills of a Senior Counsel. Fees payable for advocacy and legal advice that the Department certifies as within the Advocate’s functions under section 58T of the Defence Act 1903, and requiring the skills of a Senior Counsel or a King’s Counsel, is to be at the rate of $3,500 per day.
15 Defence Force Advocate Section 21 does not apply. Daily fees (including daily fees affected by item 14 of this table) are to be calculated pro rata on the basis of a 6‑hour working day.
16 Torres Strait Regional Authority Section 21 does not apply. Office holders are to be paid in accordance with the following conditions:(a) for formal meetings or authority business aggregating 6 hours or more on any one day—100% of the daily fee;(b) for formal meetings or authority business aggregating 3 hours or more but less than 6 hours on any one day—60% of the daily fee;(c) for formal meetings or authority business aggregating less than 3 hours on any one day—40% of the daily fee.When working out an aggregate mentioned in paragraph (a), (b) or (c) for a day that falls within the 12‑month period beginning when the Remuneration Tribunal Amendment Determination (No. 2) 2023 commences, official travel that occurs on that day is to be included in the aggregate (even if no formal meetings or authority business take place on that day).
17 Military Rehabilitation and Compensation Commission Where a member has an entitlement to Tier 1 travel by virtue of a full‑time appointment, that entitlement also applies to this office.
18 Inspector‑General of Live Animal Exports The daily fee is capped at 120 days per year.
19 National Soils Advocate The daily fee is capped at 100 days per year.
24 Specified professional committees
The following table (Table 4C) sets out the specified professional committees.
Table 4C—Specified professional committees
Item Professional committee
1 Advisory Committee on Biologicals
2 Advisory Committee on Chemicals Scheduling
3 Advisory Committee on Complementary Medicines
4 Advisory Committee on Medical Devices
5 Advisory Committee on Medicines
6 Advisory Committee on Medicines Scheduling
7 Advisory Committee on Vaccines
8 Australian Commission on Safety and Quality in Health Care—Expert Committees
11 National Pathology Accreditation Advisory Council
12 Pharmaceutical Services Federal Committee of Inquiry
Part 5—Annual meeting fees and additional daily fees
25 Simplified outline of this Part
This Part applies to office holders who receive an annual meeting fee and additional daily fee. The annual meeting fee compensates for formal meetings of the authority with the additional daily fee payable for authority business unrelated to the formal meetings.
This Part sets out the conditions that must be met for payment of both the annual meeting fee and the additional daily fee, including certification of hours and minimum claim and maximum payment arrangements. Table 5A identifies the following:
• the individual public offices remunerated by annual meeting and additional daily fees;
• the fees payable to Chairs and Members (where applicable);
• any additional provisions or conditions that apply to the office, including any caps that apply to the additional daily fee;
• the travel tier for the office.
26 Application of this Part
This Part applies to office holders whose annual meeting fees and additional daily fees are set out in Table 5A.
27 Payment of annual meeting fees
(1) The annual meeting fees set out in Table 5A are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual meeting fee covers the following:
(a) attendance at all formal meetings of the authority (regardless of their duration);
(b) any preparation time for the formal meetings;
(c) any official travel time associated with the formal meetings.
Reduction for lengthy absence
(2) The annual meeting fee is proportionally reduced where an office holder is unavailable to attend meetings of the authority for a period of more than 3 months, except to the extent that a reduction would be inconsistent with the terms of the office holder’s appointment.
28 Payment of additional daily fees
(1) The additional daily fees set out in Table 5A are payable for time spent on authority business in accordance with this Part and as calculated under section 30.
Note 1: If a person undertakes activities for which the person receives an annual fee under this instrument, the person is not entitled to a daily fee for those activities.
Note 2: If a person undertakes activities for which the person does not receive an annual fee under this instrument, the person is entitled to only one daily fee under this instrument for those activities.
Certification of time
(2) For an office holder other than the Chair, additional daily fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time that is not associated with a formal meeting.
(3) For the Chair, additional daily fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or employing authority.
Maximum payment
(4) The maximum payable for any one day is one additional daily fee.
Minimum claim
(5) Unless the employing authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one additional daily fee.
Annual cap
(6) If Table 5A sets out a cap on additional daily fees for an office holder, additional daily fees are not payable to the office holder once their aggregate additional daily fee earnings during that financial year reach the cap.
29 Authority business—exclusion
For the purposes of this Part, time spent on the following is not to be treated as time spent on authority business:
(a) all preparation for a formal meeting, even where it is considered excessive to normal preparation time;
(b) any official travel time associated with a formal meeting regardless of when the travel occurs.
30 Calculation of additional daily fees
(1) The amount of an additional daily fee paid to an office holder for a day is 20% of the additional daily fee set out in Table 5A for each hour, to a maximum of 5 hours per day, that the office holder spends:
(a) on authority business; or
(b) on official travel time that is not associated with a formal meeting.
(2) For the purposes of subsection (1), disregard any period of time of less than one hour that the office holder spends as mentioned in paragraph (1)(a) or (b).
31 Annual meeting fees and additional daily fees
The following table (Table 5A) sets out, for each office holder in column 1:
(a) the annual meeting fee for the office holder; and
(b) the additional daily fee for the office holder; and
(c) the annual cap on additional daily fees for the office holder (if applicable); and
(d) the special provisions (if any) of this instrument that apply to the office holder; and
(e) the travel tier that applies to the office holder for the purposes of the official travel determination.
Table 5A—Annual meeting fees and additional daily fees
1 Australian Technical Advisory Group on Immunisation A Co‑Chair in any Co‑Chair arrangement for the Group is to receive:(a) an annual meeting fee of $35,600; and(b) an additional daily fee of $901.
2 National Competition Council The annual fee applies to all Council work including governance, meeting preparation and consideration of applications at and prior to scheduled meetings. The additional daily fee applies only to consideration of applications that are not able to be covered in the scheduled meetings due to statutory timeframes.
Part 6—Base fees and meeting fees
33 Simplified outline of this Part
This Part applies to office holders who receive a combination of a base (annual) fee and a (daily) meeting fee. The base fee compensates for a wide range of work undertaken by the office holder as set out in this Part. The meeting fee component applies only to full day formal meetings of the authority and is payable in accordance with the provisions set out in this Part. Table 6A identifies the following:
• the individual public offices remunerated by base fees and meeting fees;
• the fees payable to Chairs and Members (where applicable);
• any additional provisions or conditions that apply to the office;
• the travel tier for the office.
34 Application of this Part
This Part applies to office holders whose base fees and meeting fees are set out in Table 6A.
35 Payment of base fees
(1) The base fees set out in Table 6A are annual fees payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The base fee covers all activities undertaken by an office holder in performing the duties of their office, including the following:
(a) part day meetings (involving less than 5 hours including official travel time);
(b) preparation for a formal meeting;
(c) sub‑committee work;
(d) formal dinners;
(e) teleconferences;
(f) representational activities;
(g) other authority business.
Reduction for lengthy absence
(2) The base fee is proportionally reduced where an office holder is unavailable to attend meetings of the authority for a period of more than 3 months, except to the extent that a reduction would be inconsistent with the terms of the office holder’s appointment.
36 Payment of meeting fees
(1) The meeting fees set out in Table 6A are payable in accordance with this Part.
(2) Meeting fees are payable only where the total time spent on a formal meeting of the authority, combined with official travel time associated with the meeting, is 5 hours or more on the same day. Part days do not accrue.
Certification of time
(3) For an office holder other than the Chair, meeting fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time.
(4) However, if the Chair is absent from a meeting, the office holder’s meeting fees which relate to the meeting may only be paid after the nominated presiding officer for the meeting certifies the total time claimed by the office holder for the day or days to which those fees relate.
(5) For the Chair, meeting fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or authority.
37 Base fees and meeting fees
The following table (Table 6A) sets out, for each office holder in column 1:
(a) the base fee for the office holder; and
(b) the meeting fee for the office holder; and
(c) the special provisions (if any) of this instrument that apply to the office holder; and
(d) the travel tier that applies to the office holder for the purposes of the official travel determination.
1 Professional Services Review—Determining Authority—Member The fees set out in Table 6A apply only to the following:(a) the non‑practitioner member mentioned in paragraph 106ZPA(1)(b) of the Health Insurance Act 1973;(b) the member appointed, as mentioned in paragraph 106ZPA(1)(c) of that Act, as a medical practitioner (within the meaning of that Act). To avoid doubt, this does not include a member who is a medical practitioner but whose appointment relates to another kind of practitioner (within the meaning of Part VAA of that Act).Other members are to be paid in accordance with Part 4.
2 Takeovers Panel Meeting fees are payable for sitting days of takeover proceedings and for Panel days where the duration of the proceedings is of a minimum of 3 hours. Payment of fees is subject to a maximum of one meeting fee for any one day. For periods of work of less than 3 hours, a fee is payable as follows:(a) less than 2 hours—40% of a meeting fee;(b) 2 hours to less than 3 hours—60% of a meeting fee.
Part 7—Aboriginal Land Councils fees
39 Simplified outline of this Part
This Part applies to office holders of the Aboriginal Land Councils. Councillors may receive a daily fee. This Part sets out the conditions that must be met for payment of fees, including certification of hours and minimum claim and maximum payment arrangements. Table 7B sets out:
• the individual office holders who receive daily fees; and
• the fees payable to Chairs, Deputy Chairs (where applicable), Councillors and Committee Members who receive daily fees.
40 Application of this Part
This Part applies to office holders whose daily fees are set out in Table 7B.
41 Payment of daily fees
(1) The daily fees set out in Table 7B are payable in accordance with this Part.
Note 1: If a person undertakes activities for which the person receives an annual fee under this instrument, the person is not entitled to a daily fee for those activities.
Note 2: If a person undertakes activities for which the person does not receive an annual fee under this instrument, the person is entitled to only one daily fee under this instrument for those activities.
Certification of time
(2) For an office holder other than the Chair, daily fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time.
(3) However, if the Chair is absent from a meeting, the office holder’s daily fees which relate to that meeting may only be paid after the nominated presiding officer for the meeting certifies the total time claimed by the office holder for the day or days to which those fees relate.
(4) For the Chair, daily fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or employing authority.
Maximum payment
(5) The maximum payable for any one day is one daily fee.
Minimum claim
(6) Unless the employing authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one daily fee.
42 Calculation of daily fees
Meeting days
(1) The amount of a daily fee paid to an office holder for a meeting day is:
(a) if the office holder’s qualifying meeting day time is less than 2 hours—40% of the daily fee; or
(b) if the office holder’s qualifying meeting day time is at least 2 hours and less than 3 hours—60% of the daily fee; or
(c) otherwise—100% of the daily fee.
(2) For the purposes of subsection (1), qualifying meeting day time is time that an office holder spends on a meeting day:
(a) attending a formal meeting; or
(b) on authority business; or
(c) on official travel time.
Non‑meeting days
(3) The amount of a daily fee paid to an office holder for a non‑meeting day is 20% of the daily fee set out in Table 7B for each hour, to a maximum of 5 hours per day, that the office holder spends:
(a) on authority business; or
(b) on official travel time.
Note: Normal preparation time must not be taken into account in working out fees under this section (see paragraph (c) of the definition of authority business in section 8).
43 Travel tier
For the purposes of the official travel determination, travel tier 2 applies to an office holder.
44 Daily fees
The following table (Table 7B) sets out, for each office holder in column 1, the daily fee for the office holder when the office holder is engaged in the activity in column 2.
Table 7B—Daily fees for holders of public offices in Aboriginal Land Councils
Column 1Office Column 2Activity Column 3Daily fee
Northern Land Council—Chair If engaged part‑time on the functions and duties of the office $800
Northern Land Council—Member If engaged on general Council business $344
Northern Land Council—Member If engaged on business of the executive $520
Central Land Council—Chair If engaged part‑time on the functions and duties of the office $800
Central Land Council—Member If engaged on general Council business $344
Central Land Council—Member If engaged on business of the executive $520
Anindilyakwa Land Council—Chair If engaged part‑time on the functions and duties of the office $687
Anindilyakwa Land Council—Member If engaged part‑time on the functions and duties of the office $344
Tiwi Land Council—Deputy Chair If engaged part‑time on the functions and duties of the office $344
Tiwi Land Council—Member If engaged part‑time on the functions and duties of the office $344
Tiwi Land Council Management Committee—Deputy Chair If engaged on business of the Management Committee $520
Tiwi Land Council Management Committee—Member If engaged on business of the Management Committee $520
Schedule 1—Repeals
Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2022