Remuneration Tribunal Determination 2017/11: Remuneration and Allowances for Holders of Full-Time Public Office
PART 2REMUNERATION AND RELATED MATTERS
Start here
Get a plain-English read of PART 2
Turn the raw legal text into a practical explanation grounded in Remuneration Tribunal Determination 2017/11: Remuneration and Allowances for Holders of Full-Time Public Office.
2.1 Total Remuneration: Office Holders are eligible for the Total Remuneration as set out in Column 2 of Table 2A below, commencing on 1 July 2017, unless otherwise specified.
TABLE 2A – FULL-TIME OFFICE HOLDERS – TOTAL REMUNERATION AND OTHER BENEFITS
Column 1Office
Column 2Total Remunerationfor office(per annum)
Column 3Additional clauses applying
Column 4Travel Tier
Chair, Australian Prudential Regulation Authority (APRA)
$852,310
1
Solicitor-General
$745,770
2.2.1
1
Chairperson, Australian Competition and Consumer Commission (ACCC)
$745,770
1
Chairperson, Australian Securities and Investments Commission (ASIC)
$745,770
1
Australian Public Service Commissioner
$692,500
1
Commissioner, Australian Federal Police
$692,500
1
Director-General, Office of National AssessmentsEffective 18 December 2017, refer Det 2017/21
$692,500
1
Deputy Chair, APRA
$681,840
1
Member, APRA
$639,230
1
Director-General of Security, Australian Security Intelligence Organisation
$639,230
1
Australian Border Force Commissioner
$617,920
1
Deputy Chairperson, ASIC
$596,610
1
Chairman, Productivity Commission
$585,960
1
Vice Chief of the Defence Force
$585,960
1
Chief of Navy
$559,330
1
Chief of Army
$559,330
1
Chief of Air Force
$559,330
1
Deputy Chairperson, ACCC
$559,330
1
Vice President, Fair Work Commission
$559,330
1
Chief Executive Officer, Australian Digital Health Agency
$532,690
1
Australian Electoral Commissioner
$532,690
1
Chair, Australian Energy Regulator
$532,690
1
Chair/Chief Executive Officer, Clean Energy Regulator
$532,690
1
Chair, Australian Communications and Media Authority (ACMA)
$532,690
1
Chief Executive Officer, Digital Transformation Agency
$532,690
2.2.8
1
Chief Executive Officer, Austrade
$532,690
1
Chief Executive Officer, National Disability Insurance Scheme Launch Transition Agency
$532,690
2.2.11
2
Director of Public Prosecutions
$532,690
1
Member, ASIC
$532,690
1
Chief Executive Officer, Australian Crime Commission
$506,060
1
Chief Executive Officer, National Health and Medical Research CouncilEffective 2 November 2017, refer Det 2017/20
$506,060
1
Chief Executive, Australian Financial Security Authority
$479,430
2
Chief Executive Officer, Australian Transaction Reports and Analysis Centre
Director General, Australian Safeguards and Non-Proliferation Office
$292,990
2
Member, Tax Practitioners Board
$292,990
2
Aged Care Pricing Commissioner
$292,990
2
Chief Executive Officer, Asbestos Safety and Eradication Agency
$292,990
2
Registrar of Aboriginal and Torres Strait Islander Corporations
$292,990
2
Australian Electoral Officer for New South WalesEffective 30 April 2018, refer Det 2018/05
$266,350
2
Australian Electoral Officer for VictoriaEffective 30 April 2018, refer Det 2018/05
$266,350
2
Merit Protection Commissioner
$266,350
2
Chief Executive Officer, National Health Funding BodyEffective 26 March 2018, refer Det 2018/03
$266,350
2
Executive Director of Township Leasing
$266,350
2
Deputy Chairperson, SCT
$239,720
2
AAT (former Senior Member, MRT)
$239,720
2.2.5
2
AAT (former Senior Member, RRT)
$239,720
2.2.5
2
Australian Electoral Officer for QueenslandEffective 30 April 2018, refer Det 2018/05
$239,720
2.2.16
2
Director, Classification Board
$239,720
2.2.3
2
Student Identifiers Registrar
$239,720
2
Senior Member, VRB
$239,720
2
Director, Tuition Protection Service
$239,720
2.2.10
2
Australian Electoral Officer for Western AustraliaEffective 30 April 2018, refer Det 2018/05
$213,080
2
Chairman (full-time), Central Land Council
$213,080
3
Chairman (full-time), Northern Land Council
$213,080
2
AAT (former Member, MRT)
$213,080
2.2.5
2
AAT (former Member, RRT)
$213,080
2.2.5
2
AAT (former Senior Member, SSAT)
$213,080
2.2.6
2
Australian Electoral Officer for South AustraliaEffective 30 April 2018, refer Det 2018/05
$207,530
2
Australian Electoral Officer for Northern TerritoryEffective 30 April 2018, refer Det 2018/05
$195,040
2
Australian Electoral Officer for TasmaniaEffective 30 April 2018, refer Det 2018/05
$190,570
2
Deputy Director, Classification Board
$186,450
2.2.3
2
Chair (full-time), Anindilyakwa Land Council
$186,450
2
AAT (former Member, SSAT)
$186,450
2.2.6
2
Classifier, Classification Board
$133,180
2.2.4
3
2.2 Alternative/Additional Remuneration Provisions: Where Column 3 of Table 2A contains a reference to this clause in respect of an Office, the provisions of this clause modify Column 2 of Table 2A. Unless otherwise specified, the rates in this clause will apply from 1 July 2017.
2.2.1 Solicitor-General: While Dr Stephen Donaghue QC does not establish his principal place of residence in Canberra he will be paid an annualised amount of $34,500 per year instead of the daily amounts of travel allowance set out in Clauses 3.5 – 3.9 of Determination 2016/07 – Official Travel by office Holders (or any determination that supersedes 2016/07) that would otherwise be payable for travel to Canberra, effective from 2 April 2017.
2.2.2 Northern Australia Infrastructure Facility, Chief Executive Officer: The Chief Executive Officer will receive Total Remuneration of $418,790 until 30 June 2021, during the financial assistance phase prescribed under section 8 of the Northern Australia Infrastructure Facility Act 2016.
2.2.3 Classification Board: On any occasion when the Deputy Director acts as Director, he or she will be entitled to the remuneration and other conditions determined for the Director.
2.2.4 Temporary Classifier: Where a person is appointed to the Classification Board as a Temporary Classifier, a daily fee of $552 is payable, in lieu of other provisions in this Part. The provisions of Part 3 (Allowances), Part 5 (Recreation leave) and Part 6 (Compensation for early loss of office) do not apply. The conditions for payment of the daily fee shall be as set out in the Tribunal’s determination in relation to Holders of Part-Time Office, 2017/10 Schedule B.
2.2.5 Administrative Appeals Tribunal – Migration Review Tribunal/Refugee Review Tribunal: This determination applies to a full-time office holder of the AAT who is a former member of the MRT/RRT and is covered by the transitional provisions of Item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former MRT/RRT member’s term of appointment that commenced before 1 July 2015).
2.2.6 Administrative Appeals Tribunal – Social Security Appeals Tribunal: This determination applies to a full-time office holder of the AAT who is a former member of the SSAT and is covered by the transitional provisions of Item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former SSAT member’s term of appointment that commenced before 1 July 2015).
2.2.7 Tertiary Education Quality and Standards Agency (TEQSA), Chief Executive Officer: Mr Anthony McClaran will receive $399,520 Total Remuneration for the initial term of his appointment, until 9 October 2020.
2.2.8 Digital Transformation Agency: The Chief Executive Officer, Mr Gavin Slater will receive an additional fixed loading of $127,000 per annum for the initial term of his appointment, until 30 April 2022.
2.2.9 Innovation and Science Australia, Chief Executive Officer: The Chief Executive Officer, Dr Charlie Day will receive an additional fixed loading of $50,000 until 25 November 2019.
2.2.10 Tuition Protection Service, Director: Mr Vipan Mahajan will receive $262,060 Total Remuneration while he occupies the office shown in Column 1 of Table 2A.
2.2.11 National Disability Insurance Scheme Launch Transition Agency, Chief Executive Officer: Mr Roberto De Luca will receive $696,000 Total Remuneration for the initial term of his appointment, until 27 August 2020.
2.2.12 Australian Human Rights Commission, President: Emeritus Professor Rosalind Croucher will receive $445,690 Total Remuneration for the initial term of her appointment, until 29 July 2024.
2.2.13 National Capital Authority, Chief Executive: Ms Sally Barnes will receive an additional fixed loading of $55,380 for the initial term of her appointment, until 10 February 2023.
2.2.14 Infrastructure and Project Financing Agency, Chief Executive Officer: Ms Leilani Frew will receive an additional fixed loading of $75,000 for the term of her appointment until 9 December 2022.
2.2.15 Infrastructure Australia: Mr Philip Davies will receive an additional fixed loading of $75,000 for the term of his appointment, until 20 April 2023.
2.2.16 Australian Electoral Officer for Queensland: Mr Thomas Ryan will receive Total Remuneration of $272,340 for the term of his appointment, until 2 September 2020.
2.3 Part-time work: Where approval is given by the employer for an Office Holder to perform the duties of an Office on a part-time basis, the Total Remuneration contained in Table 2A will be payable on a pro-rata basis in accordance with the proportion of full-time hours worked. Where proposed hours are less than 60 per cent of the full-time rate, prior agreement of the Remuneration Tribunal is required to the remuneration level.
2.4 Remuneration packaging: Subject to this Part, an Office Holder may elect to receive the benefit of the Total Remuneration, other than the value of the Employer’s Superannuation Contribution, in cash as salary or as a combination of salary and Benefits. Any election must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office. Any election must not result in a cost to the employer (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if all of the Total Remuneration elements able to be taken as salary were taken as salary.
2.5 Superannuation
2.5.1 Tables 2.5A and 2.5B set the Superannuation Salary for certain office holders for the purpose of clauses 2.5.2, 2.5.3, 2.5.4 and 2.5.5. Where no specific amount is listed in Table 2.5A for the specific office or office holder, then Table 2.5B applies.
Table 2.5A - Defined benefit scheme arrangements - Specified provisions
Specified office and/or office holder
Superannuation Salary
Mr Duncan Lewis, Director-General of Security, Australian Security Intelligence Organisation
$504,710
Mr Nick Warner, Director-General, Office of National AssessmentsEffective 18 December 2017, refer Det 2017/21
$501,352
Director of Public Prosecutions
$383,540
Ms Jennifer Taylor, Chief Executive Officer, Comcare
Mr David Fricker, Director-General, National Archives of Australia
$288,070
Director of Military Prosecutions
$283,400
Administrator of the Northern Territory
$239,720
Mr Vipan Mahajan, Director, Tuition Protection Service
$194,260
Deputy Director, Classification Board
$160,350
Classifier, Classification Board
$114,540
TABLE 2.5B – DEFINED BENEFIT SCHEME ARRANGEMENTS – OFFICE OR OFFICE HOLDER NOT SPECIFIED IN TABLE 2.5A
<table cellspacing="0" cellpadding="0" style="width:426.25pt; margin-top:0pt; margin-left:20.8pt; margin-bottom:0pt; border:1pt solid #000000; border-collapse:collapse"><tbody><tr><td style="width:187.9pt; border-right:1pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:4.9pt; padding-left:4.9pt; vertical-align:middle"><p><span style="font-weight:bold">Office Holder’s</span></p><p><span style="font-weight:bold">Total Remuneration</span></p></td><td style="width:215.75pt; border-bottom:0.75pt solid #000000; padding-right:4.9pt; padding-left:5.4pt; vertical-align:middle"><p style="margin-top:0pt; margin-bottom:6pt"><span style="font-weight:bold">Superannuation Salary</span><span style="font-size:6.67pt; font-weight:bold; vertical-align:super">#</span></p></td></tr><tr><td style="width:187.9pt; border-top:0.75pt solid #000000; border-right:1pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:4.9pt; padding-left:4.9pt; vertical-align:top"><p><span>Equal to or more than $426,160</span></p></td><td style="width:215.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:4.9pt; padding-left:5.4pt; vertical-align:top"><p><span>70% of the Office holder’s Total Remuneration</span></p></td></tr><tr><td style="width:187.9pt; border-top:0.75pt solid #000000; border-right:1pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:4.9pt; padding-left:4.9pt; vertical-align:top"><p><span>Less than $426,160</span></p></td><td style="width:215.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:4.9pt; padding-left:5.4pt; vertical-align:top"><p><span>73% of the Office holder’s Total Remuneration</span></p></td></tr><tr><td colspan="2" style="width:414.45pt; border-top:0.75pt solid #000000; padding-right:4.9pt; padding-left:4.9pt; vertical-align:top"><p class="ListParagraph" style="margin-left:0pt; text-indent:28.35pt; text-align:center; font-size:8pt"><span style="font-size:5.33pt; vertical-align:super"># </span><span>calculated amount is to be rounded up to the nearest $10.</span></p></td></tr></tbody></table>
2.5.2 For an Office Holder who is a member of the Commonwealth Superannuation Scheme:
(a) the Officer Holder’s annual rate of salary for the purposes of the scheme is the Superannuation Salary specified in Table 2.5A or calculated in accordance with Table 2.5B as relevant to the Office Holder; and
(b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4 per cent of the Office Holder’s Superannuation Salary.
2.5.3 For an Office Holder who is a member of the Public Sector Superannuation Scheme:
the Office Holder’s basic salary for the purposes of the scheme is the Superannuation Salary specified in Table 2.5A or calculated in accordance with Table 2.5B as relevant to the Office Holder; and
the amount of the Officer Holder’s recognised allowances for the purpose of the scheme is zero; and
the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4 per cent of the Office Holder’s Superannuation Salary.
2.5.4 For an Office Holder who is a member of the Defence Force Retirement and Death Benefits Scheme:
(a) the Office Holder’s annual rate of salary for the purposes of the scheme is the Superannuation Salary specified in Table 2.5A or calculated in accordance with Table 2.5B as relevant to the Office Holder; and
(b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4 per cent of the Office Holder’s Superannuation Salary.
2.5.5 For an Office Holder who is a member of the Military Superannuation and Benefits Scheme:
the Office Holder’s annual rate of salary for the purposes of the scheme is the Superannuation Salary specified in Table 2.5A or calculated in accordance with Table 2.5B as relevant to the Office Holder; and
the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4 per cent of the Office Holder’s Superannuation Salary.
2.5.6 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).
2.5.7 For an Office Holder who is a member of any other superannuation fund, the Employer’s Superannuation Contribution is the minimum level of employer superannuation contribution that would, under section 23 of the Superannuation Guarantee (Administration) Act 1992, reduce the charge percentage in relation to that Office Holder to zero.2.5.8 No cash in lieu: The value attributable by virtue of this clause to the Employer’s Superannuation Contribution is referable to a non-salary component of Total Remuneration and may not be the subject of an election to take an equivalent amount of salary instead.
2.6 Vehicles: Where an Office Holder accepts an offer of an agency owned or leased vehicle for private use, the Office Holder’s Total Remuneration will be reduced by the actual cost of the vehicle to the agency and fringe benefits taxation, less a reasonable amount (if any) reflecting business usage patterns. Where an Office Holder has access to an agency owned or leased vehicle for private use, the Office Holder will be considered to have accepted an offer of a vehicle for the purposes of this provision. Any business usage amount is to be assessed on log book records for at least a 12 week representative period. Where the annual business kilometres are less than 5,000 it will be based on the ‘cents per kilometre’ method. Where business kilometres are 5,000 kilometres or more, the percentage of business use to total kilometres travelled per annum will be applied to the total cost of the vehicle.
2.6.1 Vehicle parking: Where an Office Holder accepts an offer of a car park at Commonwealth expense, the actual cost (including fringe benefits tax) of the car park to the Agency will be a Benefit for Total Remuneration purposes.
2.7 Business Support: Where an Office Holder is provided with communications, information technology and other office facilities necessary for the efficient conduct of his or her office, incidental private use of those facilities by the Office Holder does not necessitate the value of the facilities being included in Total Remuneration.
PART 3 – ALLOWANCES
3.1 Accommodation Allowance: The Office Holders listed in Column 1 of Table 3A will be eligible to receive an accommodation allowance (subject to expenditure) as shown in Column 3 of Table 3A whilst they occupy the office shown in Column 2. This amount is to assist the Office Holder in meeting settling-in and commercial rental accommodation costs (including one-off utility connection costs) in the office location:
(a) while they also continue to have a property other than in the office location, as their principal place of residence; and
(b) it will not be paid for such periods that they live in premises owned by them at the office location.
An Office Holder will not be eligible to access travel allowance entitlements in the home locality or the office locality whilst they remain eligible to receive the accommodation allowance. However, where in terms of the ongoing arrangement it would clearly be more cost effective for the agency to provide travel allowance entitlements in the office locality, the agency should decide at the earliest practical opportunity to pay travel allowance rather than the accommodation allowance.
Where the commercial accommodation does not include cooking facilities, the cost of meals may form part of the payment, within the accommodation cap set for an Office Holder.
TABLE 3A – ACCOMMODATION ALLOWANCES
Column 1Office Holder
Column 2Office
Column 3Allowance (pa)
Ms June Oscar
Aboriginal and Torres Strait Islander Social Justice Commissioner
$40,000
Mr Nick Ryan
Chief Executive Officer, Australian Aged Care Quality Agency
$40,000
Ms Kate Jenkins
Sex Discrimination Commissioner, Australian Human Rights Commission
$40,000
Mr Michael Griffin
Integrity Commissioner, Australian Commission for Law Enforcement Integrity
$34,500
Mr Gavin Slater
Chief Executive Officer, Digital Transformation Agency
$34,500
Dr Charlie Day
Chief Executive Officer, Innovation and Science Australia
$34,500
Dr Alan Finkel
Chief Scientist
$34,500
The Hon Margaret Stone
Inspector-General of Intelligence and Security
$34,500
Mr Mark Bielecki
Registered Organisations Commissioner
$34,500
Mr Tony Usher
Chief Executive Officer, Aboriginal Hostels LimitedEffective 17 October 2017, refer Det 2017/20
$34,500
Dr Chris Parker
Chief Executive Officer, Australian Pesticides and Veterinary Medicines AuthorityEffective 1 December 2017 until 31 December 2019,refer Det 2017/21
$32,000
Mr Robert Fitzgerald
Commissioner, Productivity Commission
$22,000
3.1.1 Classification Board: Subject to individual qualification for this allowance, to be decided by the employer in accordance with agency guidelines, Members who have, or had, to relocate to Sydney to take up their appointment will be paid an accommodation allowance of $13,500 per annum. The allowance does not represent salary for superannuation.
3.1.2 Defence Chiefs: The employer may approve housing assistance in accordance with agency policy and practices for the Vice-Chief of the Defence Force, the Chief of Navy, the Chief of Air Force, the Chief of Army and the Director of Military Prosecutions.
3.1.3 Official residence: Where residing in an official residence is a requirement of an office, total remuneration does not include the value of accommodation in the official residence, or the running costs of the premises.
3.1.4 Non-commercial accommodation: Where an Office Holder listed in Column 1 of Table 3A elects to be accommodated in private, non-commercial accommodation, such as the home of a family member or friend, a rate of one third of the accommodation allowance in Column 3 of Table 3A is payable in lieu of the amount specified in Column 3.
3.2 Reunion Travel: The Office Holders shown in Column 1 of Table 3B may receive travel costs of up to the amount shown in Column 3 from their Employer for travel back to their principal place of residence for the purposes of family reunion while they continue to occupy the office shown in Column 2. Where the Agency decides, as provided in Clause 3.1 of this Determination, to pay an office holder travel allowance instead of accommodation allowance, any reunion travel allowance in Table 3B for that Office Holder will cease to apply at the same time.
3.2.1 Who can use reunion travel? The allowance provided in Clause 3.2 and specified in Table 3B is intended to facilitate personal travel by the office holders identified in that Table. However, where the office holder certifies that the workload and responsibilities of the office prevents him or her from travelling to the principal place of residence for reunion purposes, reunion travel by the office holder’s partner and/or a child or children of the office holder or his or her partner, whose normal place of residence is the office holder’s principal place of residence, can be funded within the financial limits of the allowance. Travel by a person other than the office holder must be at economy class, and only for direct travel between the office holder’s principal place of residence and office location.
TABLE 3B – REUNION TRAVEL
Column 1Office Holder
Column 2Office
Column 3Allowance (pa)
Ms Natasha Griggs
Administrator of Christmas and Cocos (Keeling) IslandsEffective 5 October 2017, refer Det 2017/20
$41,840
Mr Eric Hutchinson
Administrator of Norfolk Island
$41,400
Ms June Oscar
Aboriginal and Torres Strait Islander Social Justice Commissioner
$27,000
Mr Tony Usher
Chief Executive Officer, Aboriginal Hostels LimitedEffective 17 October 2017, refer Det 2017/20
$25,224
Mr Gavin Slater
Chief Executive Officer, Digital Transformation Agency
$19,440
Dr Charlie Day
Chief Executive Officer, Innovation and Science Australia
$18,500
Ms Kate Jenkins
Sex Discrimination Commissioner, Australian Human Rights Commission
$18,500
Mr Mark Bielecki
Registered Organisations Commissioner
$16,824
The Hon Margaret Stone
Inspector-General of Intelligence and Security
$14,376
Mr Michael Griffin
Integrity Commissioner, Australian Commission for Law Enforcement Integrity
$13,896
Mr Nick Ryan
Chief Executive Officer, Australian Aged Care Quality Agency
$12,216
Mr Tim Kelsey
Chief Executive Officer, Australian Digital Health Agency
$10,000
Mr Robert Fitzgerald
Commissioner, Productivity Commission
$9,950
Part PART 2 - Remuneration Tribunal Determination 2017/11: Remuneration and Allowances for Holders of Full-Time Public Office - REMUNERATION AND RELATED MATTERS | Zoe