PART 2 - REMUNERATION AND RELATED MATTERS
2.1 Base Salary: A person who holds a full-time office specified in Table 1 or Table 2 shall be paid the Base Salary specified in Table 1 or Table 2.
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 $1,860 a year: A Judge who also holds any of the following part-time offices shall be provided with an additional expense allowance of $1,888 a year with effect on and from 1 November 2009 to 30 April 2010 and $1,917 a year with effect on and from 1 May 2010:
(i) Aboriginal Land Commissioner;
(ii) Chairman of the Australian Electoral Commission;
(iii) Chief Judge of the Supreme Court of Norfolk Island; and
(iv) other offices as specified in Table 1.
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:
(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
(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.
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:
(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
(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.
2.4 Use of specified rates for part-time office: The appropriate authority may elect to pay a person who holds office on a part-time basis a proportion of the base salary of the equivalent full-time office specified in Table 2 (if any), in accordance with the hours worked, subject to a cap of 12 hours pay in any one day. Otherwise, the office holder shall be paid the daily fee specified in Table 2. The proportion of base salary of the equivalent full-time office (hourly rate) will be ascertained by applying the following formula:
Base Salary x 6 = Hourly Rate.
313 36.75
Payment of daily fees
2.5 Use of daily fees: A person who is eligible to receive a daily fee may not be paid more than one daily fee in respect of any one day.
2.5.1 Where a day includes a formal meeting of the authority and official business (including reasonable preparation time and reasonable travel time other than travel between the person’s home and principal place of work) and is of:
(i) three or more hours duration – the full daily fee is payable;
(ii) two or more (but less than three) hours duration – three-fifths of the daily fee is payable;
(iii) less than two hours duration – two-fifths of the daily fee is payable.
2.5.2 On another day or days, where official business is of at least five hours duration in aggregate – a daily fee is payable.
2.5.3 The appropriate authority must certify the nature and duration of work undertaken prior to any payment of fees to a person who holds office on a part-time basis.
2.5.4 Payment of daily fees to Part-Time AAT Members: The following clauses apply, (and clauses 2.5.1-2.5.3 do not apply) in relation to a person who holds office as a member of the Administrative Appeals Tribunal on a part-time basis.
(i) A daily fee is payable once such a person has undertaken official business of five hours duration in aggregate, regardless of the day or days on which that work is done.
(ii) The President of the Administrative Appeals Tribunal must certify the nature, reasonableness and duration of official business undertaken prior to any payment of fees to such a person.
(iii) Official business may include a hearing, preparation for a hearing, reading submissions, decision writing and travel time other than for travel between the person’s home and principal place of work.
2.5.5 Australian Competition Tribunal: Clause 2.5.2 does not apply to Members of the Australian Competition Tribunal who are paid by way of daily fees. Such Members are entitled to payment for the period for which they undertake official business of the Tribunal on non-sitting days on the following basis:
(i) where an office holder is engaged on “business of the authority”, a full daily fee is paid where the member is engaged for at least 5 hours. A Member is not paid any higher fee for more that 5 hours and any extra time cannot be carried over;
(ii) where an office holder is engaged on “business of the authority” for less than 5 hours on a day, subject to (i) above that period may be aggregated with other periods of less than 5 hours on other days. For each multiple of 5 aggregated hours a daily fee is payable.
2.6 Leave: A person who holds an office other than that of a Judge shall be entitled to the following types and amounts of leave of absence:
(i) any unused leave credits accrued previously, including under Determination 2007/09 (as amended) – Recreation Leave for Full-Time Holders of Relevant Offices;
(ii) if a full-time office holder:
(a) the public holidays observed by the Australian Public Service in the location in which the office is based;
(b) paid recreation leave of four weeks per year of service, accruing on 1 January each year;
(iii) other paid and unpaid leave, including sick and carers’ leave, at the discretion of the Commonwealth.
2.6.1 A person who holds an office other than that of a Judge:
(i) may elect to take recreation leave on a half-pay basis and/or to cash out up to one week’s recreation leave per financial year; and
(ii) shall be paid the balance of their recreation leave on leaving office.
2.7 Separation benefits: The separation benefits of an Office Holder are to be determined in accordance with the following sub-clauses.
2.7.1 A person who holds an office other than that of a Judge is not entitled to separation benefits under Clause 2.7.3 where:
(i) the person served the full term of appointment;
(ii) the person was appointed on a part-time basis and is eligible for a daily fee;
(iii) the appointment was terminated prematurely for reasons of misbehaviour or unsatisfactory performance; or
(iv) the appointment was terminated prematurely on account of mental or physical incapacity and the person is entitled to receive invalidity retirement benefits under Commonwealth superannuation legislation.
2.7.2 Subject to Clause 2.7.1, where a person’s appointment to a public office is terminated prematurely, the Commonwealth may elect to offer suitable alternative employment (including in a Commonwealth company or authority).
2.7.3 Where the Commonwealth does not offer alternative employment under Clause 2.7.2, the Commonwealth will pay the office holder one-third of one month’s base salary, or salary for superannuation purposes in the case of an office holder remunerated under Part 5, per month of service remaining, in lieu of obligations such as provision of notice or payment instead of notice or redundancy pay and subject to:
(i) a minimum payment of four month’s base salary or salary for superannuation purposes; and
(ii) a maximum payment of one year’s base salary or salary for superannuation purposes.
2.7.4 Under Clause 2.7.3, the Commonwealth may calculate service remaining taking into account any period of continuing Commonwealth service in alternative employment, and may require an office holder to sign a release in return for the payment.
2.7.5 For the purposes of calculating a separation benefit under Clause 2.7.3 in respect of a part-time office holder:
(i) the reference in Clause 2.7.3 to base salary shall be understood as a reference only to the applicable annual base salary, or salary for superannuation purposes in the case of an office holder remunerated under Part 5, and not to include daily fees;
(ii) the applicable annual base salary, or salary for superannuation purposes in the case of an office holder remunerated under Part 5, shall be notionally converted to a monthly figure by dividing it by 12; and
(iii) no account shall be taken of any period of potential future service in respect of which the office holder has already been, or is to be, paid the applicable base salary or salary for superannuation purposes in the case of an office holder remunerated under Part 5.
2.8 Cashing out and purchasing of recreation leave for Federal Magistrates: Federal Magistrates shall:
(i) be entitled to paid recreation leave of four weeks per year of service accruing on 1 January each year;
(ii) be paid on leaving office as though they were then to take the balance of their recreation leave;
(iii) be eligible to cash out part of their recreation leave credits providing they:
(a) have accrued in excess of four weeks’ recreation leave;
(b) take an amount of leave equal to or greater than that cashed out; and
(c) cash out a maximum of two weeks’ recreation leave in any year;
(iv) be eligible to elect to purchase one, two, three or four weeks’ additional leave per year. Federal Magistrates will have an amount deducted from their annual salary, dependent on the amount of leave purchased and their salary, which will be reflected in their regular salary payments. Purchased leave counts as service for all purposes.
2.9 Salary packaging: A full-time office holder, including a Federal Magistrate, but otherwise excluding Judges, may elect to take benefits in lieu of base salary but must take at least 50 per cent of their base salary as salary.
2.9.1 A part-time office holder, other than a Judge, may elect to take benefits in lieu of her or his part-time office fee or a combination of part-time office fee and benefits, where this is in accordance with agency policies and procedures on salary packaging.
2.9.2 Any election to salary package in accordance with this section must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office.
2.9.3 Any election to salary package in accordance with this section must not result in cost to the Commonwealth (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if benefits able to be taken as salary were taken as salary.