Part 1– GENERAL, RELATING TO OFFICES IN ALL TABLES

PART 1 – GENERAL, RELATING TO OFFICES IN ALL TABLES

1.1 Authority: This Determination is issued pursuant to the Remuneration Tribunal Act 1973, sub-sections 7(3) and 7(4).

1.2 Effect of this determination: This Determination takes effect on and from 1 July 2009 except where specified otherwise. It supersedes and revokes in full Determination 2008/09 – Judicial and Related Offices – Remuneration and Allowances.

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:

(i) general Commonwealth laws concerned with employment;

(ii) the specific Commonwealth Act that establishes an office (if any); and/or

(iii) the Constitution, which grants certain executive powers to the Governor-General and to Ministers of State.

1.2.2 Clause 1.2.1 does not apply to office holders paid under Part 5 (see Clause 5.2), whose offices are listed in Table 3. This clause does not affect the application of the remainder of Parts 1- 4 of this Determination to all office holders.

1.3 Administration: In administering this Determination, authorities:

(i) shall pay the annual benefits specified in proportion (pro rata) to the office holder’s period of service during that year;

(ii) may issue procedural instructions to assist in the implementation of this Determination;

(iii) may elect to apply the same instructions as they do for employees, except where those instructions are not in accordance with this Determination. This includes the utilisation of agency policies or procedures in relation to the administration of recreation leave.

1.4 Use of term ‘Judge’: Unless the contrary intention appears, a reference in this Determination to a ‘Judge’ includes a reference to a Federal Magistrate.