Federal Register of Legislation - Australian Government

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2012/10 Determinations/Remuneration Tribunal as made
This determination supersedes Remuneration Tribunal Determination 2007/07 - Compensation for Loss of Office for Holders of Public Office.
Administered by: Prime Minister and Cabinet
General Comments: This determination supersedes Remuneration Trubunal Determination 2007/07 – Compensation for Loss of Office for Holders of Public Office which ceased to have effect on 30 June 2012.
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 39
Made 19 Jun 2012
Registered 22 Jun 2012
Tabled HR 25 Jun 2012
Tabled Senate 25 Jun 2012
Date of repeal 13 Aug 2014
Repealed by Remuneration Tribunal Determination 2014/17 - Compensation for Loss of Office for Holders of Public Office

REMUNERATION TRIBUNAL

 

Determination 2012/10:

Compensation for Loss of Office for Holders of Public Office

This Determination governs compensation for loss of office for a holder of a public office.

 

The Determination comprises:

 

·         Part 1 – General;

·         Part 2 – Compensation for loss of office.

 

PART 1 – GENERAL

 

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

 

1.2         Effective Date:  This Determination takes effect on and from 1 July 2012.

 

1.3         Effect on Earlier Determinations:  This Determination supersedes Determination 2007/07 – Compensation for Loss of Office for Holders of Public Office which ceased to have effect on 30 June 2012.

 

Definitions

 

1.4         Reference Salary’ means the Office Holder’s Total Remuneration, less the amount of the Employer's Superannuation Contribution for the Office Holder.

 

1.5         ‘Employer’s Superannuation Contribution’ has the same meaning as included in the relevant Principal Determination in relation to that Office Holder.

 

 

PART 2 – COMPENSATION FOR LOSS OF OFFICE

 

2.1     A person who holds public office is not entitled to compensation for loss of office under Clause 2.3 where:

 

          (a)      the person served the full term of appointment;

 

          (b)      the person was appointed on a part-time basis and is eligible for either a daily or annualised fee (rather than a base salary or other component of Total Remuneration, or a proportion thereof);

 

          (c)      the appointment was terminated prematurely for reasons of misbehaviour or unsatisfactory performance; or

 

            (d)        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.

 

2.2     Subject to Clause 2.1, 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).

 

2.3     Where the Commonwealth does not offer alternative employment under Clause 2.2, the Commonwealth will pay the office holder 1/3 of one month’s remuneration per month of service remaining, in lieu of obligations such as provision of notice or payment instead of notice of redundancy pay and subject to:

 

          (a)      a minimum payment of four months’ remuneration; and

          (b)      a maximum payment of a year’s remuneration.

 

2.4      Under clause 2.3, 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.

 

2.5     Where an office holder is eligible for a payment under clause 2.3, the rate of remuneration used for calculating an entitlement is the office holder’s Reference Salary.

 

 

 

Signed this 19th day of June 2012

 

 

 

 

 

 

 

              Signed       Signed

 

 

 

 

             

                Signed

 

 

 

 

            

                 Signed

John C Conde AO

PRESIDENT

John B Prescott AC

MEMBER

Jillian Segal AM

MEMBER