Remuneration Tribunal Determination 2013/11 - Remuneration and Allowances for Holders of Part-Time Public Office
PART 2FEES
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Specified Offices: The fees set out in Schedules A, B, C, D, E and F apply to the holders of the public offices specified in those schedules. They are inclusive of the amount necessary to meet any taxation obligation in respect of these fees.
2.2 Remuneration Packaging: An agency may provide access to remuneration packaging to office-holders covered by this Determination. An office-holder may elect either to take benefits in lieu of her or his fee or to take a combination of her or his fee and benefits.
Any election made in accordance with clause 2.2 must:
be in accordance with agency policies and procedures on remuneration packaging applicable to such offices;
(b) be consistent with relevant taxation laws and rulings or guidelines applicable to remuneration packaging schemes issued by the Australian Taxation Office; and
(c) not result in any 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 fees were taken as fees.
Offices not specified: An office-holder in respect of whom a fee has not otherwise been specified in this Determination shall, subject to the conditions outlined in clauses 2.9 to 2.13 of this Determination, be paid a daily fee as set out in Table 2A below. These fees are inclusive of the amount necessary to meet any taxation obligation in respect of these fees.
Table 2A: Public Offices not specified in this Determination – Daily Fees with effect from 1 July 2013.
Office
Category 1
Category 2
Category 3
$ per day
$ per day
$ per day
Chairperson
429
578
698
Member
322
429
621
Minister decides category: The category of fee to be paid shall be determined by the Minister within whose portfolio responsibility the public office is located, in accordance with the nature, function and responsibilities of the office.
Official Travel: An office-holder whose fee has been determined in accordance with clause 2.3 shall be entitled to travelling allowance for travel on official business within Australia at the Tier 2 rate, in accordance with Part 3 of this Determination.
Conditions of payment of base and meeting fees
Application: The provisions of clauses 2.5 to 2.7 apply to office-holders covered by Table A2A in Schedule A. Clauses 2.8 to 2.13 do not apply to offices covered by Table A2A.
Base fee: The base fee is an annual fee payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The base fee covers all activities undertaken on behalf of the authority, except formal meetings of the authority. Committee work is included in the base fee.
Meeting fee: The daily meeting fees specified in Table A2A are payable only in respect of formal meetings of the prescribed authority, requiring attendance for a full day, or more than one day, of at least 5 hours on each day. Formal meeting attendance for each member must be certified by the Chair or nominated presiding officer.
Exclusions: No meeting fee is payable in respect of part-day meetings, preparation or travel time, committee meetings, formal dinners, teleconferences, representational activities or other business of the authority. The base fee covers those activities. There is no payment in respect of aggregation of part-day work of any kind.
Conditions of payment of daily fees
Application: The provisions of clauses 2.9 to 2.13 apply to office-holders covered by clause 2.3 and by Schedules A (Table A1A only), B and C, unless otherwise specified. Clauses 2.9 to 2.13 do not apply to Schedules D, E and F.
Daily fee – preparation for meetings: The daily fee for a formal meeting includes a component to cover normal preparation time, but where the chairperson of the authority considers the period of preparation time involved is so unusual as to warrant recognition that period may be included as business of the authority.
Daily fee – minimum hours: An office-holder shall be paid the daily fee in respect of such period, not less than three hours, on any one day on which he or she attends a formal meeting of the authority, and/or is engaged on business of the authority other than normal preparation time for a meeting, subject to the following conditions.
The chairperson, or nominated presiding officer, shall in each case certify whether the period of three hours has elapsed and in so certifying may have regard to reasonable travelling time incurred by an office holder away from the metropolitan area of the capital city or the environs of the town in which he or she lives.
The maximum payment in respect of any one day shall be the daily fee.
Part-payment of daily fee – meeting days: An office-holder may be paid in respect of formal meetings of less than three hours subject to the following conditions:
for formal meetings aggregating less than two hours, an amount equal to two-fifths of a daily fee;
(b) for formal meetings, or formal meetings and business of the authority on the day of a formal meeting, of two hours or more, but less than three hours on any one day, an amount equal to three-fifths of a daily fee;
(c) the maximum payment in respect of any one day shall be the daily fee;
(d) eligibility for each payment shall be certified by the chairperson or nominated presiding officer and in so certifying the chairperson may have regard to reasonable travelling time in accordance with subclause 2.10.1; and
(e) preparation time shall only be included in accordance with clause 2.9.
Aggregation of hours for daily fee – non-meeting days: An office-holder may also be paid a daily fee in respect of aggregates of periods of business of the authority of less than three hours, subject to the following conditions:
individual periods of business must be on other than formal meeting days and each period must be for a minimum of one hour;
(b) to attract payment of a daily fee, aggregated periods shall total at least five hours;
(c) the maximum payment in respect of any one day shall be the daily fee;
(d) eligibility for each payment shall be certified by the chairperson and in so certifying the chairperson may have regard to reasonable travelling time in accordance with subclause 2.10.1; and
(e) preparation time shall only be included in accordance with clause 2.9.
2.13 Daily Fees – travelling on non-meeting days: Where an office holder must undertake official travel on a non-meeting day, the chairperson or nominated presiding officer may determine that the office holder is engaged on business of the authority for the period of that travel and is therefore entitled to receive all or part of the daily fee in accordance with subclause 2.10.1 and 2.10.2.
2.14 Daily Fee – Superannuation Complaints Tribunal (SCT): The following sub-clauses apply, (and clauses 2.4 to 2.7 and clauses 2.9 to 2.13 do not apply) in relation to a person who holds an office as a member of the SCT on a part-time basis.
2.14.1 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.
2.14.2 The Chairperson of the SCT must certify the nature, reasonableness and duration of official business undertaken prior to any payment of fees to such a person.
2.14.3 Official business may include a hearing, preparation for a hearing, decision writing, checking and travel time other than for travel between the person’s home and principal place of work.
2.14.4 The maximum payment in respect of any one day shall be the daily fee.
2.15 Daily Fee – Social Security Appeals Tribunal (SSAT): The following sub-clauses apply, (and clauses 2.4 to 2.7 and clauses 2.9 to 2.13 do not apply) in relation to a person who holds an office as a member of the SSAT on a part-time basis.
2.15.1 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.
2.15.2 The Principal Member of the SSAT is to certify the nature, reasonableness and duration of official business undertaken prior to any payment of fees to such a person.
2.15.3 Official business may include a hearing, preparation for a hearing, decision writing, checking and travel time other than for travel between the person’s home and principal place of work.
2.15.4 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 for the cancellation of all work on a day with fewer than 5 working days’ notice.
2.15.5 The maximum payment in respect of any one day shall be the daily fee.