Federal Register of Legislation - Australian Government

Primary content

This determination supersedes Determination 2017/06: Departmental Secretaries - Classification Structure and Terms and Conditions.
Administered by: Prime Minister and Cabinet
Registered 27 Jun 2018
Date of repeal 01 Jul 2019
Repealed by Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2019

Commonwealth Coat of Arms of Australia

 

Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2018

We, the members of the Remuneration Tribunal, make the following determination.

Dated   25 June 2018

 

John Conde AO

Ewen Crouch AM

Heather Zampatti

President

Member

Member

 

 

 

 

 

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Determination supersedes previous determination......................................................... 1

5............ Schedules...................................................................................................................... 1

6............ Simplified outline of this instrument.............................................................................. 1

7............ Definitions..................................................................................................................... 2

8............ Meaning of total remuneration..................................................................................... 4

9............ Entitlements or conditions under other laws.................................................................. 4

Part 2—Classification, remuneration and related matters                                                     6

10.......... Classification structure.................................................................................................. 6

11.......... Pay point assignments................................................................................................... 7

12.......... Remuneration packaging............................................................................................... 8

13.......... Travel tier...................................................................................................................... 9

Part 3—Superannuation                                                                                                                            10

14.......... Superannuation............................................................................................................ 10

Part 4—Vehicles and business support                                                                                             12

15.......... Vehicles....................................................................................................................... 12

16.......... Vehicle parking........................................................................................................... 12

17.......... Business support......................................................................................................... 12

Part 5—Leave                                                                                                                                                   13

18.......... Normal duty................................................................................................................ 13

19.......... Recreation (annual) leave............................................................................................. 13

20.......... Personal leave.............................................................................................................. 13

21.......... Miscellaneous leave..................................................................................................... 14

22.......... Statutory leave provisions........................................................................................... 14

23.......... Application for leave................................................................................................... 14

Part 6—End of appointment                                                                                                                   15

24.......... Compensation for loss of office.................................................................................. 15

25.......... Notice of a decision not to reappoint........................................................................... 15

Part 7—Removal, relocation and family reunion assistance                                                17

26.......... Definitions for Part 7................................................................................................... 17

27.......... Relocation costs........................................................................................................... 17

28.......... Settling out allowance.................................................................................................. 17

29.......... Settling in allowance.................................................................................................... 18

30.......... Accommodation support............................................................................................. 18

31.......... Reunion travel............................................................................................................. 18

Part 8—Assistance for training and development                                                                      20

32.......... Leave for training and development............................................................................. 20

33.......... Costs of training and development.............................................................................. 20

Part 9—Delegation                                                                                                                                         21

34.......... Secretary’s Minister may delegate functions............................................................... 21

Schedule 1—Repeals                                                                                                                                     22

Determination 2017/06: Departmental Secretaries ‑ Classification Structure and Terms and Conditions  22

 


Part 1Preliminary

  

1  Name

                   This instrument is the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 July 2018.

1 July 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under Division 4 of Part II of the Remuneration Tribunal Act 1973.

4  Determination supersedes previous determination

                   This instrument supersedes Determination 2017/06: Departmental Secretaries ‑ Classification Structure and Terms and Conditions.

5  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Simplified outline of this instrument

This instrument, among other things, does the following:

•      determines a classification structure for offices of Secretary;

•      specifies pay points for the classification structure;

•      assigns each office of Secretary to a classification;

•      sets terms and conditions for Secretaries;

•      fixes the amount of remuneration that is to be paid to the Secretary of the Department of the Prime Minister and Cabinet and the Secretary of the Department of the Treasury.

Secretaries other than the Secretary of the Department of the Prime Minister and Cabinet and the Secretary of the Department of the Treasury are assigned to pay points by a separate instrument made by the Secretary of the Department of the Prime Minister and Cabinet under subsection 14(3) of the Act.

7  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including Departmental Secretary and Australian Public Service Commissioner.

                   In this instrument:

Act means the Remuneration Tribunal Act 1973.

APSC means the Australian Public Service Commission.

benefit means:

                     (a)  any non‑monetary benefit provided to a Secretary at the Commonwealth’s expense, including:

                              (i)  a vehicle or the use of a vehicle (see section 15); and

                             (ii)  vehicle parking (see section 16); and

                     (b)  any other benefit received by way of remuneration packaging (see section 12).

business class means a standard of service equivalent to that offered by Qantas Airways Ltd in its Business Class.

Commonwealth Allowance Subscription Service means the Commonwealth Allowance Subscription Service and any scheme of a similar nature that modifies, replaces or supersedes the Commonwealth Allowance Subscription Service.

Commonwealth authority means:

                     (a)  an authority or body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or

                     (b)  a body corporate:

                              (i)  incorporated under a law of the Commonwealth or a State or Territory; and

                             (ii)  in which the Commonwealth has a controlling interest.

CSS (short for Commonwealth Superannuation Scheme) has the same meaning as in the Superannuation Act 1976.

DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.

employer superannuation contribution for a Secretary means:

                     (a)  if the Secretary is a member of the CSS, PSS, DFRDB or MSBS—the value attributed to the employer superannuation contribution under subsection 14(1), (2), (3) or (4); or

                     (b)  if the Secretary is a member of the PSSAP—15.4% of ordinary time earnings (within the meaning of the Superannuation Guarantee (Administration) Act 1992) for the Secretary; or

                     (c)  if the Secretary is a member of another superannuation fund—the amount worked out under subsection 14(6).

Note 1:       A Secretary’s employer superannuation contribution is part of the Secretary’s total remuneration (see section 8).

Note 2:       Superannuation contributions made as a result of remuneration packaging do not form part of a Secretary’s employer superannuation contribution (see section 12).

Executive Vehicle Scheme guidelines means:

                     (a)  the guidelines published from time to time in respect of the Executive Vehicle Scheme by:

                              (i)  the APSC; or

                             (ii)  another Department or agency that has policy responsibility for the Scheme; or

                     (b)  any guidelines of a similar nature which modify, replace or supersede those guidelines; or

                     (c)  guidelines to any scheme of a similar nature which modifies, replaces or supersedes the Executive Vehicle Scheme.

family reunion: see section 26.

fringe benefits tax means fringe benefits tax (within the meaning of the Fringe Benefits Tax Assessment Act 1986 as it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986).

home locality: see section 26.

locality of the Australian Capital Territory: see section 26.

MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.

new locality: see section 26.

official travel determination means Determination 2017/15: Official Travel by Office Holders (or any determination that supersedes that determination).

pay point assignment means an instrument made by the Secretary of the Department of the Prime Minister and Cabinet under subsection 14(3) of the Act.

PSS (short for Public Sector Superannuation Scheme) has the same meaning as Public Sector Superannuation Scheme has in the Superannuation Act 1990.

PSSAP (short for Public Sector Superannuation Accumulation Plan) has the same meaning as in the Superannuation Act 2005.

reference salary means the Secretary’s total remuneration, less the rate of the employer superannuation contribution for the Secretary.

Secretary has the same meaning as in the Public Service Act 1999.

Secretary’s Minister, in relation to a Secretary, means the senior portfolio Minister who administers the Department of which the Secretary has been appointed to the office of Secretary.

superannuation salary, for a Secretary, means 70% of the Secretary’s total remuneration (rounded up to the nearest $10).

Table 10A means the table of the classification structure in subsection 10(1).

Table 10B means the table of classification of offices of Secretary in subsection 10(2).

total remuneration: see section 8.

8  Meaning of total remuneration

             (1)  For the purposes of this instrument, the total remuneration of a Secretary is the amount, per year, in column 3 of Table 10A.

             (2)  The total remuneration of a Secretary represents the value, calculated at the total cost to the Commonwealth (including fringe benefits tax), of the following in relation to the Secretary:

                     (a)  salary, allowances and lump sum payments;

                     (b)  benefits;

                     (c)  the employer superannuation contribution.

             (3)  However, the total remuneration of a Secretary does not include the following:

                     (a)  the value of facilities provided as business support under section 17;

                     (b)  payments under Part 6 (end of appointment);

                     (c)  removal, relocation and family reunion assistance provided under Part 7;

                     (d)  travel expenses and allowances under the official travel determination;

                     (e)  the value of any other benefits provided by the Commonwealth that the Tribunal determines should not be taken to be part of the total remuneration.

9  Entitlements or conditions under other laws

                   The provisions of this instrument are additional to and subject to any applicable statutory entitlements or conditions, including entitlements or conditions provided for by the following Acts and by instruments made under those Acts:

                     (a)  the Fair Work Act 2009;

                     (b)  the Long Service Leave (Commonwealth Employees) Act 1976;

                     (c)  the Maternity Leave (Commonwealth Employees) Act 1973;

                     (d)  the Public Governance, Performance and Accountability Act 2013;

                     (e)  the Public Service Act 1999;

                      (f)  the Safety, Rehabilitation and Compensation Act 1988;

                     (g)  the Superannuation Act 1976;

                     (h)  the Superannuation Act 1990;

                      (i)  the Superannuation Act 2005;

                      (j)  the Superannuation Benefits (Supervisory Mechanisms) Act 1990;

                     (k)  the Superannuation (Productivity Benefit) Act 1988;

                      (l)  the Work Health and Safety Act 2011.

Part 2Classification, remuneration and related matters

  

10  Classification structure

             (1)  The following table (Table 10A) sets out:

                     (a)  for the purposes of subsection 13(1) of the Act, the classification structure for offices of Departmental Secretary; and

                     (b)  the total remuneration, per year, for each level and pay point in the classification structure.

 

Table 10A—Classification structure

 

Column 1

Level

Column 2

Pay Point

Column 3

Total remuneration (per year)

Level 1A (the Prime Minister and Cabinet)

 

$896,520

Level 1B (the Treasury)

 

$874,790

Level 1

1

$847,620

Level 1

2

$804,150

Level 1

3

$760,690

Level 2

1

$760,690

Level 2

2

$733,530

Level 2

3

$706,350

 

             (2)  The following table (Table 10B) sets out the classification level to which each office of Secretary is assigned, by reference to the Department to which the office relates.

 

Table 10B—Classification of offices of Secretary

Level

Departments

Level 1A

The Prime Minister and Cabinet

Level 1B

The Treasury

Level 1

The following Departments:

(a) Defence;

(b) Finance;

(c) Foreign Affairs and Trade;

(d) Health;

(e) Home Affairs;

(f) Human Services;

(g) Industry, Innovation and Science;

(h) Social Services

Level 2

The following Departments:

(a) Agriculture and Water Resources;

(b) Attorney‑General’s;

(c) Communications and the Arts;

(d) Education and Training;

(e) the Environment and Energy;

(f) Infrastructure, Regional Development and Cities;

(g) Jobs and Small Business;

(h) Veterans’ Affairs

 

             (3)  A Secretary at level 1A or level 1B is entitled to the total remuneration specified for that level in Table 10A.

             (4)  Subject to section 11, a Secretary at level 1 or level 2 is entitled to the total remuneration specified for the pay point to which the office is assigned by a pay point assignment.

             (5)  If a person is appointed to more than one office of Secretary at the same time, the person is entitled to the total remuneration specified for the highest of the pay points that would apply in relation to any of the appointments on its own.

             (6)  If a person is appointed to an office of Secretary that does not appear in the classification in Table 10B, then, until Table 10B has been amended to include the office and a pay point assignment has been made for the office, the Secretary is entitled to:

                     (a)  if the Secretary has been transferred from another office of Secretary—the total remuneration specified for the pay point that applied to the person in the Secretary’s former office; or

                     (b)  in any other case—the total remuneration specified for the lowest pay point for level 2.

11  Pay point assignments

             (1)  Subject to this section, a pay point assignment must assign an office of Secretary to a pay point within the classification level of the office.

Appointment to another office of Secretary

             (2)  If:

                     (a)  a person who holds an office of Secretary (the former office) is appointed to another office of Secretary; and

                     (b)  the former office is assigned to a pay point which is lower than the pay point that applied to the person in the former office;

then, until the time when the instrument of appointment to the former office would have expired according to its terms, the Secretary is entitled to the total remuneration that applies, from time to time, to the pay point that would have applied to the Secretary in the former office.

Lowering of pay point

             (3)  If, during the period of a person’s appointment to an office of Secretary, the pay point which applies to that office is lowered, the person is entitled, until that period of appointment ends, to the total remuneration that applies, from time to time, to the pay point that would have applied to the Secretary if the pay point had not been lowered.

Maintaining pay point after expiry or end of previous appointment

             (4)  If:

                     (a)  subsection (2) has applied to a person appointed to an office of Secretary; and

                     (b)  at the time that the instrument of appointment to the former office would have expired according to its terms, the Secretary of the Department of the Prime Minister and Cabinet is satisfied, after consulting the President of the Tribunal and the Australian Public Service Commissioner, that it is appropriate in the circumstances to maintain the remuneration of the person at a higher level than would apply under subsection (1);

a pay point assignment may assign the person to a pay point not higher than the one that previously applied to the person.

             (5)  If:

                     (a)  at the end of the appointment (the previous appointment) of a person referred to in subsection (3), that person is appointed to another office of Secretary or reappointed to the same office of Secretary (the current appointment); and

                     (b)  the Secretary of the Department of the Prime Minister and Cabinet is satisfied, after consulting the President of the Tribunal and the Australian Public Service Commissioner, that it is appropriate for the remuneration of the person in respect of the current appointment to be at a higher level than would otherwise apply under subsection (1);

a pay point assignment may assign the person to a pay point not higher than the one that applied to the person immediately before the end of the previous appointment.

12  Remuneration packaging

             (1)  Subject to this Part, a Secretary may elect to receive the benefit of the total remuneration, other than the employer superannuation contribution, as salary or a combination of salary and benefits if:

                     (a)  the election is consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office; and

                     (b)  providing the benefit would not result in a cost to the Commonwealth (including any fringe benefits tax) that would not be incurred if the Secretary received the remuneration in the form of salary.

             (2)  To avoid doubt, a superannuation contribution made as a result of an election by a Secretary under subsection (1) does not form part of the employer superannuation contribution for the Secretary.

13  Travel tier

                   For the purposes of the official travel determination, travel tier 1 applies to a Secretary.

Part 3Superannuation

  

14  Superannuation

Commonwealth Superannuation Scheme

             (1)  For a Secretary who is a member of the CSS:

                     (a)  the Secretary’s annual rate of salary for the purposes of the CSS is the Secretary’s superannuation salary; and

                     (b)  for the purposes of paragraph (a) of the definition of employer superannuation contribution in section 7, the value attributed to the employer superannuation contribution for the Secretary is an amount equal to 15.4% of the Secretary’s superannuation salary.

Public Sector Superannuation Scheme

             (2)  For a Secretary who is a member of the PSS:

                     (a)  the Secretary’s basic salary for the purposes of the PSS is the Secretary’s superannuation salary; and

                     (b)  the amount of the Secretary’s recognised allowances for the purposes of the PSS is nil; and

                     (c)  for the purposes of paragraph (a) of the definition of employer superannuation contribution in section 7, the value attributed to the employer superannuation contribution for the Secretary is an amount equal to 15.4% of the Secretary’s superannuation salary.

Defence Force Retirement and Death Benefits

             (3)  For a Secretary who is a member of the DFRDB:

                     (a)  the Secretary’s annual rate of salary for the purposes of the DFRDB is the Secretary’s superannuation salary; and

                     (b)  for the purposes of paragraph (a) of the definition of employer superannuation contribution in section 7, the value attributed to the employer superannuation contribution for the Secretary is an amount equal to 15.4% of the Secretary’s superannuation salary.

Military Superannuation and Benefits Scheme

             (4)  For a Secretary who is a member of the MSBS:

                     (a)  the Secretary’s annual rate of salary for the purposes of the MSBS is the Secretary’s superannuation salary; and

                     (b)  for the purposes of paragraph (a) of the definition of employer superannuation contribution in section 7, the value attributed to the employer superannuation contribution for the Secretary is an amount equal to 15.4% of the Secretary’s superannuation salary.

Public Sector Superannuation Accumulation Plan

             (5)  For a Secretary who is a member of PSSAP, the Secretary’s superannuation salary for the purposes of the Superannuation (PSSAP) Trust Deed is the Secretary’s ordinary time earnings (within the meaning of the Superannuation Guarantee (Administration) Act 1992).

Other superannuation funds

             (6)  For a Secretary who is a member of any other superannuation fund, the employer superannuation contribution is the minimum contribution that would, under section 23 of the Superannuation Guarantee (Administration) Act 1992, reduce the charge percentage for the Secretary to nil.

Note:          A Secretary’s superannuation salary is 70% of the Secretary’s total remuneration (see the definition of superannuation salary in section 7).

Part 4Vehicles and business support

  

15  Vehicles

             (1)  A Secretary may elect to receive a Commonwealth‑provided vehicle as a benefit. The value attributed to this benefit is to be the actual cost (including fringe benefits tax) of the vehicle to the Commonwealth.

             (2)  The Executive Vehicle Scheme guidelines apply to the selection of a vehicle referred to in subsection (1).

             (3)  A Secretary’s total remuneration includes provision for any use of a vehicle by the Secretary for business‑related purposes.

16  Vehicle parking

                   If a Secretary accepts an offer of a car park at Commonwealth expense, the actual cost (including fringe benefits tax) of the car park to the Secretary’s Department is taken to be a benefit.

17  Business support

             (1)  A Secretary is entitled to the provision by the Secretary’s Department of communications, information technology and other office facilities necessary for the efficient conduct of the Commonwealth’s business, and such provision includes incidental private use of those facilities. Where required, separate telecommunications lines to a Secretary’s residence in support of these facilities may be provided at no cost to the Secretary.

             (2)  A Secretary is entitled to be reimbursed by the Commonwealth for all costs of installation and rental of a telephone line and telephone at the Secretary’s residence and for all call charges on that telephone.

             (3)  If a Secretary maintains 2 residences, the Secretary is entitled to be reimbursed by the Commonwealth under subsection (2) in relation to a telephone line and telephone at one of the Secretary’s residences and, in relation to the other residence, is entitled to be reimbursed only for 50% of the call charges and no other costs.

             (4)  A Secretary is entitled to 2 domestic airline lounge memberships at Commonwealth expense.

Part 5Leave

  

18  Normal duty

                   A Secretary is to be available for duty when required by the Secretary’s Minister and on all days that the Secretary’s Department is open for and conducts normal business.

19  Recreation (annual) leave

             (1)  A Secretary is entitled to recreation leave at a rate of 20 working days for each completed 12 months of service, or pro rata for lesser periods, to be credited in the same way as recreation leave entitlements are credited to employees generally in the Secretary’s Department.

             (2)  A Secretary’s recreation leave credit includes any existing recreation leave accrued either through prior service in the Australian Public Service or the ACT Government Service, or through employment in a Commonwealth authority, that in either case ceased not more than 2 months prior to the Secretary’s appointment as a Secretary.

             (3)  If a Secretary ceases to be a Secretary, other than by death, and does not carry forward a recreation leave credit to other Commonwealth employment, the Secretary is entitled to be paid, at the reference salary rate at that time, for any recreation leave credit accrued and unused at the date the Secretary ceased to be a Secretary. If a Secretary dies, the Secretary’s Minister may authorise payment of this amount to a dependant of the Secretary or the Secretary’s legal personal representative.

             (4)  Subject to subsection (5), a Secretary may elect to cash out up to half of the Secretary’s annual recreation leave entitlement in any year, at the reference salary rate at the time of election. The balance of leave remaining must be at least 4 weeks after any cashing out.

             (5)  Subsection (4) applies only if the Secretary’s Department has a policy that allows employees generally in the Department to cash out some or all of their annual recreation leave entitlements.

20  Personal leave

             (1)  A Secretary is entitled to personal leave, which may be accessed at full or half pay, to accommodate personal illness or injury, to care for a family member or to meet family responsibilities of an emergency and unscheduled nature.

             (2)  A Secretary’s entitlement to personal leave accrues at the rate of 15 days full pay on the date of initial appointment plus a further 15 days at the end of each 12 months of service.

             (3)  In addition to the personal leave entitlement specified in subsection (2), a Secretary’s sick leave entitlements accrued either through prior service in the Australian Public Service or in the service of a State or Territory government, or through employment in a Commonwealth authority, that in either case ceased not more than 2 months prior to being appointed a Secretary, is to be recognised as if accrued while a Secretary and is to be paid at full pay or half pay as recognised on appointment.

             (4)  Neither unused personal leave nor unused sick leave accrued through prior service referred to in subsection (3) are to be paid out if a Secretary ceases for whatever reason to be a Secretary.

             (5)  The Secretary’s Minister may grant additional personal leave to a Secretary at the Secretary’s Minister’s discretion.

21  Miscellaneous leave

                   The Prime Minister or the Prime Minister’s delegate may grant leave of absence to a Secretary for a purpose that the Prime Minister or the delegate considers to be in the interests of the Commonwealth. Such leave of absence may be with or without pay and subject to conditions at the discretion of the Prime Minister or the delegate.

22  Statutory leave provisions

                   A Secretary is entitled to long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 and maternity leave in accordance with the Maternity Leave (Commonwealth Employees) Act 1973.

23  Application for leave

                   If a Secretary wishes to take any recreation leave, long service leave, personal leave or maternity leave to which the Secretary is entitled, or a mixture of them, the Secretary must apply:

                     (a)  if the leave is for a total period of 3 months or less—to the Secretary’s Minister; or

                     (b)  if the leave is for a total period of more than 3 months—to the Prime Minister or the Prime Minister’s delegate.

Part 6End of appointment

  

24  Compensation for loss of office

             (1)  If a Secretary is terminated in accordance with subsection 56(2) or 59(1) of the Public Service Act 1999 and the Commonwealth has not made the Secretary an offer of suitable alternative employment, the Secretary is entitled upon termination to be paid:

                     (a)  for a termination 12 months or more before the end of the Secretary’s term of appointment—12 months’ reference salary at the time of termination; or

                     (b)  for a termination less than 12 months before the end of the Secretary’s term of appointment—1 month’s reference salary for each full month of the balance of the term not served, subject to a minimum payment of 6 months’ reference salary at the time of termination.

             (2)  In determining whether, for the purposes of subsection (1), there has been an offer of suitable alternative employment, take account of any offer of employment with any of the following:

                     (a)  the Commonwealth;

                     (b)  the administration of a Territory;

                     (c)  a public statutory corporation referred to in paragraph 3(4)(d) of the Act;

                     (d)  an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation;

                     (e)  an incorporated company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by the Commonwealth or by a public statutory corporation.

             (3)  If:

                     (a)  a Secretary who has been terminated (the former Secretary) is appointed to suitable alternative employment in an office within the jurisdiction of the Tribunal; and

                     (b)  the total remuneration that applies to that position is less than the total remuneration for the lowest pay point in the classification level of the office from which the former Secretary has been terminated;

then the Tribunal may determine that, for up to 12 months from the appointment:

                     (c)  the former Secretary is entitled to total remuneration at that pay point; and

                     (d)  the former Secretary’s superannuation salary for the purposes of a Commonwealth defined benefits scheme is 70% of that total remuneration (rounded up to the nearest $10).

Note:          The Tribunal will make an individual determination in each case.

25  Notice of a decision not to reappoint

             (1)  A Secretary who is not given 3 months’ notice that the Secretary will not be reappointed to an office of Secretary at the expiration of the Secretary’s current term is entitled to 3 months’ reference salary unless the Commonwealth has made the Secretary an offer of suitable alternative employment.

             (2)  In determining whether, for the purposes of subsection (1), an offer of suitable alternative employment has been made, take account of any offer of employment of a kind described in subsection 24(2).

Part 7Removal, relocation and family reunion assistance

  

26  Definitions for Part 7

                   In this instrument:

family reunion means reunion between the Secretary and members of the Secretary’s immediate family who reside in the residence maintained by the Secretary in the Secretary’s home locality.

home locality means the locality where the Secretary ordinarily lives immediately before the commencement of the term of appointment as Secretary takes place.

locality of the Australian Capital Territory means the Australian Capital Territory and those parts of New South Wales which fall within a 100 kilometre radius of Canberra.

new locality means the locality of the Australian Capital Territory.

27  Relocation costs

             (1)  A Secretary is entitled to payment at Commonwealth expense of relocation costs from the Secretary’s home locality to the new locality in order to take up the appointment as a Secretary.

             (2)  For the purposes of subsection (1), relocation costs include, as applicable:

                     (a)  transportation of the Secretary and the Secretary’s partner and dependants, if any, from the home locality to the new locality, and their return to the home locality when the Secretary ceases to hold office as Secretary for whatever reason; and

                     (b)  the insured removal of the furniture, household effects and domestic animals of the Secretary and the Secretary’s partner and dependants from the home locality to the new locality, and their return to the home locality when the Secretary ceases to hold office as Secretary for whatever reason.

28  Settling out allowance

             (1)  The settling out period is the period of up to 7 days beginning on the day when the furniture and other household effects of the Secretary and the Secretary’s dependants, if any, are removed from the residence of the Secretary at the home locality.

             (2)  During the settling out period, the Secretary is entitled to settling out allowance of:

                     (a)  in relation to the costs of accommodation—$1,727 per week; and

                     (b)  in relation to meals and incidentals—up to the rate per week applicable to an SES employee as advised from time to time under the Commonwealth Allowance Subscription Service for temporary accommodation allowances.

29  Settling in allowance

             (1)  The settling in period is the period beginning up to 7 days before the day when the Secretary begins duty at the new locality and ending on the earlier of:

                     (a)  the day when suitable accommodation or suitable temporary accommodation becomes available at the new locality; or

                     (b)  the day 13 weeks after the day when the Secretary begins duty at the new locality.

             (2)  During the settling in period, the Secretary is entitled to settling in allowance of:

                     (a)  in relation to the costs of accommodation—$1,727 per week; and

                     (b)  in relation to meals and incidentals—up to the rate per week applicable to an SES employee as advised from time to time under the Commonwealth Allowance Subscription Service for temporary accommodation allowances.

30  Accommodation support

                   A Secretary who did not live in the locality of the Australian Capital Territory immediately before the commencement of the term of appointment as Secretary is entitled to accommodation support of an amount per week equal to $34,500 per year for the duration of the Secretary’s term and any subsequent term as Secretary if the Secretary:

                     (a)  continues to maintain a residence in the Secretary’s home locality; and

                     (b)  does not buy a property in the locality of the Australian Capital Territory.

31  Reunion travel

             (1)  This section applies to a Secretary who:

                     (a)  did not, immediately before the commencement of the Secretary’s initial term of appointment as a Secretary, ordinarily live in the locality of the Australian Capital Territory; and

                     (b)  maintains a principal place of residence elsewhere in Australia during the initial term of appointment as a Secretary and during any successive term of appointment as a Secretary.

             (2)  The Secretary is entitled, for the purposes of family reunion, in each 12 months of service, at the Secretary’s election at the time of appointment or reappointment to:

                     (a)  12 business class return airfares between Canberra and the capital city nearest the Secretary’s principal place of residence; or

                     (b)  travel for the purposes of reunion up to the value of 12 business class return fares between Canberra and the capital city nearest the principal place of residence.

             (3)  The travel entitlement provided to the Secretary under subsection (2) may be used by the Secretary and the Secretary’s immediate family members. Where business travel to the capital city nearest to the Secretary’s principal place of residence provides an opportunity for family reunion (such as when the business travel is adjacent to a weekend), the reunion fare entitlement is to be reduced by the equivalent of one return business class fare.

             (4)  Travel provided to the Secretary under subsection (2) may be undertaken only while the Secretary occupies the office of a Secretary. Any travel not taken by the day a Secretary ceases to occupy the office of a Secretary ceases to be available.

             (5)  The value of the travel provided to a Secretary under subsection (2) may not be taken as a cash equivalent or converted to any other use.

Part 8Assistance for training and development

  

32  Leave for training and development

                   The Prime Minister or the Prime Minister’s delegate may grant leave of absence with pay to a Secretary to enable the Secretary to pursue training or development activities that the Prime Minister or the Prime Minister’s delegate considers to be in the interests of the Commonwealth. Such leave of absence may be subject to conditions at the discretion of the Prime Minister or the Prime Minister’s delegate.

33  Costs of training and development

                   A Secretary’s Minister may approve reimbursement of costs incurred by the Secretary in connection with training or development activities. Such reimbursement is at the discretion of the Secretary’s Minister, may be in full or in part, and may be subject to conditions.

Part 9Delegation

  

34  Secretary’s Minister may delegate functions

                   A Secretary’s Minister may delegate any of the Minister’s functions under this instrument to another Minister.