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Determinations/Remuneration Tribunal as amended, taking into account amendments up to Remuneration Tribunal Amendment Determination (No. 4) 2019
Administered by: Prime Minister and Cabinet
Registered 03 Sep 2019
Start Date 27 Aug 2019

Commonwealth Coat of Arms of Australia

Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2019

made under subsections 7(3) and (4) of the

Remuneration Tribunal Act 1973

Compilation No. 1

Compilation date:                              27 August 2019

Includes amendments up to:            F2019L01094

Registered:                                         3 September 2019

 

About this compilation

This compilation

This is a compilation of the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2019 that shows the text of the law as amended and in force on 27 August 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

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

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

3............ When this instrument takes effect.................................................................................. 1

4............ Authority....................................................................................................................... 1

5............ Determination supersedes previous determination......................................................... 1

6............ Schedules...................................................................................................................... 1

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

8............ Meaning of total remuneration..................................................................................... 3

9............ Remuneration and benefits not to be supplemented....................................................... 4

Part 2—Remuneration                                                                                                                                  5

10.......... Total remuneration......................................................................................................... 5

11.......... Special provisions for certain offices........................................................................... 12

12.......... Part‑time work............................................................................................................. 14

13.......... Remuneration packaging............................................................................................. 14

Part 3—Superannuation                                                                                                                            16

14.......... Superannuation............................................................................................................ 16

15.......... Superannuation salary for the purposes of CSS, PSS, DFRDB and MSBS............... 17

Part 4—Vehicles and business support                                                                                             19

16.......... Vehicles....................................................................................................................... 19

17.......... Vehicle parking........................................................................................................... 19

18.......... Business support......................................................................................................... 19

Part 5—Travel and accommodation assistance                                                                           20

19.......... Accommodation assistance.......................................................................................... 20

20.......... Accommodation assistance—special provisions......................................................... 21

21.......... Accommodation in official residence........................................................................... 22

22.......... Reunion travel assistance............................................................................................. 22

Part 6—Application and transitional provisions                                                                         24

23.......... Application and transitional provisions—general........................................................ 24

Schedule 1—Repeals                                                                                                                                     25

Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2018                                                                                                                                                                 25

Endnotes                                                                                                                                                               26

Endnote 1—About the endnotes                                                                                                      26

Endnote 2—Abbreviation key                                                                                                          27

Endnote 3—Legislation history                                                                                                       28

Endnote 4—Amendment history                                                                                                     29

 


Part 1Preliminary

  

1  Name

                   This instrument is the Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2019.

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 2019.

1 July 2019

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  When this instrument takes effect

                   This instrument takes effect at the start of 1 July 2019.

4  Authority

                   This instrument is made under subsections 7(3) and (4) of the Remuneration Tribunal Act 1973.

5  Determination supersedes previous determination

                   This instrument supersedes the Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2018.

6  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.

7  Definitions

                   In this instrument:

agency, of an office holder, means:

                     (a)  the agency to which the office holder is attached; or

                     (b)  if the office holder is not attached to an agency—the portfolio Department.

benefit means:

                     (a)  any non‑monetary benefit provided at the employing authority’s expense to or for the benefit of an office holder as a personal benefit, including:

                              (i)  a vehicle (see section 16); and

                             (ii)  vehicle parking (see section 17); and

                     (b)  any other benefit received by way of remuneration packaging (see section 13).

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 an office holder means:

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

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

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

Note 2:       Superannuation contributions made as a result of remuneration packaging do not form part of an office holder’s employer superannuation contribution (see section 13).

employing authority, in relation to an office holder, means an entity exercising a power or performing a function in relation to the office holder’s employment or remuneration.

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).

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

office holder means a person who holds an office in column 1 of Table 2A.

office locality, in relation to an office holder, means the geographic locality of the office holder’s usual place of work on official business.

official business, in relation to an office holder, means business pertaining to or required by the duties of the office holder’s office.

official travel determination means the Remuneration Tribunal (Official Travel) Determination 2019 (or any determination that supersedes that determination).

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.

superannuation salary, for an office holder who is a member of the CSS, PSS, DFRDB or MSBS, is the amount worked out under section 15.

Table 2A means the table of total remuneration in section 10.

Table 2B means the table of special provisions for certain offices in section 11.

Table 3A means the table of superannuation salaries in subsection 15(1).

Table 3B means the table of superannuation salaries for specified office holders in subsection 15(2).

Table 5A means the table of accommodation assistance in subsection 19(6).

Table 5B means the table of reunion fares assistance in subsection 22(4).

Table 6A means the table of application and transitional provisions in section 23.

total remuneration: see section 8.

8  Meaning of total remuneration

             (1)  For the purposes of this instrument, the total remuneration of an office holder is the amount, per year, in column 2 of Table 2A.

             (2)  The total remuneration of an office holder represents the value, calculated at the total cost to the employing authority of the office holder (including fringe benefits tax), of the following in relation to the office holder:

                     (a)  salary, allowances and lump sum payments;

                     (b)  benefits;

                     (c)  the employer superannuation contribution.

             (3)  However, the total remuneration of an office holder does not include the following:

                     (a)  the value of facilities provided as business support that are not required to be included in total remuneration under section 18;

                     (b)  assistance paid in accordance with Part 5;

                     (c)  reimbursement of expenses incurred on geographic relocation following appointment as an office holder, in accordance with agency policies and practices where approved by the employing authority;

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

                     (e)  payment in lieu of recreation leave in accordance with the Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018 (or any determination that supersedes that determination);

                      (f)  compensation for early loss of office in accordance with the Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018 (or any determination that supersedes that determination).

9  Remuneration and benefits not to be supplemented

                   The remuneration and benefits provided for in this instrument must not be supplemented.

Part 2Remuneration

  

10  Total remuneration

                   The following table (Table 2A) sets out, for the holder of each office in column 1:

                     (a)  the total remuneration, per year, of the office holder; and

                     (b)  the special provisions of this instrument that apply to the office holder (if any); and

                     (c)  the travel tier that applies to the office holder for the purposes of the official travel determination.

 

Table 2A—Total remuneration

Column 1

Office

Column 2

Total remuneration (per year)

Column 3

Special provisions

Column 4

Travel tier

 

Chair, Australian Prudential Regulation Authority

$886,750

 

1

Chairperson, Australian Competition and Consumer Commission

$775,910

Table 2B, item 1

1

Chairperson, Australian Securities and Investments Commission

$775,910

 

1

Solicitor‑General

$775,910

Table 2B, item 2

1

Australian Federal Police Commissioner

$720,480

 

1

Australian Public Service Commissioner

$720,480

 

1

Director‑General, Office of National Intelligence

$720,480

 

1

Deputy Chair, Australian Prudential Regulation Authority

$709,390

 

1

Member, Australian Prudential Regulation Authority

$665,070

 

1

Director‑General of Security, Australian Security Intelligence Organisation

$665,070

 

1

Director‑General, Australian Signals Directorate

$665,070

 

1

Australian Border Force Commissioner

$642,890

 

1

Deputy Chairperson, Australian Securities and Investments Commission

$620,730

 

1

Vice Chief of the Defence Force

$609,640

 

1

Chair, Productivity Commission

$609,640

 

1

Deputy Chairperson, Australian Competition and Consumer Commission

$581,940

Table 2B, item 1

1

Chief of Navy

$581,940

 

1

Chief of Army

$581,940

 

1

Chief of Air Force

$581,940

 

1

Vice President, Fair Work Commission

$581,940

 

1

Chief Executive Officer, Austrade

$554,220

 

1

Chair, Australian Communications and Media Authority

$554,220

 

1

Member, Australian Competition and Consumer Commission

$554,220

Table 2B, item 1

1

Chief Executive Officer, Australian Criminal Intelligence Commission

$554,220

 

1

Chief Executive Officer, Australian Digital Health Agency

$554,220

 

1

Australian Electoral Commissioner

$554,220

 

1

Chair, Australian Energy Regulator

$554,220

 

1

Member, Australian Securities and Investments Commission

$554,220

 

1

Chair/Chief Executive Officer, Clean Energy Regulator

$554,220

 

1

Chief Executive Officer, Digital Transformation Agency

$554,220

 

1

Director of Public Prosecutions

$554,220

 

1

Chief Executive Officer, National Disability Insurance Scheme Launch Transition Agency

$554,220

Table 2B, item 3

2

Chief Executive Officer, National Indigenous Australians Agency

$554,220

 

1

First Parliamentary Counsel

$554,220

 

1

Chief Executive Officer, National Health and Medical Research Council

$526,520

 

1

Chief Executive, Australian Financial Security Authority

$498,810

 

2

Chief Executive Officer, Australian Transaction Reports and Analysis Centre

$498,810

 

2

Director, Bureau of Meteorology

$498,810

 

2

Chief Scientist

$498,810

 

1

Data Standards Chair

$498,810

Table 6A, item 1

1

Chief Executive Officer, National Housing Finance and Investment Corporation

$498,810

 

2

Integrity Commissioner, Australian Commission for Law Enforcement Integrity

$471,090

 

1

Examiner, Australian Criminal Intelligence Commission

$471,090

 

1

Commonwealth Ombudsman

$471,090

 

1

Deputy President, Fair Work Commission

$471,090

 

1

Chief Executive Officer, Independent Hospital Pricing Authority

$471,090

 

1

Information Commissioner

$471,090

 

1

Inspector‑General of Intelligence and Security

$471,090

 

1

National Disability Insurance Scheme Quality and Safeguards Commissioner

$471,090

Table 2B, item 4

2

Aged Care Quality and Safety Commissioner

$443,390

 

2

Australian Building and Construction Commissioner

$443,390

 

2

Chief Executive Officer, Australian Commission on Safety and Quality in Health Care

$443,390

 

1

Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority

$443,390

Table 2B, item 5

2

President, Australian Human Rights Commission

$443,390

Table 2B, item 6

1

Chief Commissioner, Australian Transport Safety Bureau

$443,390

 

1

Chief Executive Officer, Cancer Australia

$443,390

 

2

Fair Work Ombudsman

$443,390

 

1

Inspector‑General of Taxation

$443,390

 

1

Chief Executive, Murray‑Darling Basin Authority

$443,390

 

1

Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority

$443,390

 

2

Chief Executive Officer, North Queensland Livestock Industry Recovery Agency

$443,390

Table 2B, item 7

1

Parliamentary Budget Officer

$443,390

 

2

Second Parliamentary Counsel

$443,390

 

2

Deputy Chair, Productivity Commission

$443,390

 

1

Chair, Australian Accounting Standards Board

$415,680

 

1

Deputy Chair, Australian Communications and Media Authority

$415,680

 

1

Inspector‑General Australian Defence Force

$415,680

 

2

Member, Australian Energy Regulator

$415,680

 

1

Chief Executive Officer, Australian Fisheries Management Authority

$415,680

 

1

Chief Commissioner & Chief Executive Officer, Australian Skills Quality Authority

$415,680

 

2

Chief Executive Officer, Comcare

$415,680

Table 2B, item 8

2

General Manager, Fair Work Commission

$415,680

 

1

Chief Executive Officer, Innovation and Science Australia

$415,680

Table 2B, item 9

1

Chair, Pharmaceutical Benefits Advisory Committee

$415,680

 

1

Chief Executive Officer, Safe Work Australia

$415,680

 

2

Chair, Auditing and Assurance Standards Board

$387,960

 

1

Director, Australian Institute of Criminology

$387,960

 

1

Chief Executive Officer, Australian Pesticides and Veterinary Medicines Authority

$387,960

 

2

Chief Executive Officer, Australian Radiation Protection and Nuclear Safety Agency

$387,960

 

1

Chief Executive Officer, Australian Renewable Energy Agency

$387,960

 

2

Director of Military Prosecutions

$387,960

 

2

Associate Director of Public Prosecutions

$387,960

 

1

Commissioner, Fair Work Commission

$387,960

 

1

Freedom of Information Commissioner

$387,960

 

2

Chief Executive Officer, Infrastructure and Project Financing Agency

$387,960

Table 2B, item 10

1

Chief Executive Officer, Infrastructure Australia

$387,960

Table 2B, item 11

1

Director‑General, National Archives of Australia

$387,960

 

2

General Manager, National Blood Authority

$387,960

 

2

Chief Executive Officer, Northern Australia Infrastructure Facility

$387,960

Table 2B, item 12

1

Privacy Commissioner

$387,960

 

2

Commissioner, Productivity Commission

$387,960

 

2

Director, Professional Services Review

$387,960

 

1

Registered Organisations Commissioner

$387,960

 

2

Member, Australian Communications and Media Authority

$360,250

 

1

Aboriginal and Torres Strait Islander Social Justice Commissioner

$360,250

 

2

Age Discrimination Commissioner

$360,250

 

2

Disability Discrimination Commissioner

$360,250

 

2

Human Rights Commissioner

$360,250

 

2

National Children’s Commissioner

$360,250

 

2

Race Discrimination Commissioner

$360,250

 

2

Sex Discrimination Commissioner

$360,250

 

2

Chief Executive Officer, Australian National Preventative Health Agency

$360,250

 

2

Deputy Chief Commissioner, Australian Skills Quality Authority

$360,250

 

2

Commissioner, Australian Skills Quality Authority

$360,250

 

2

Australian Small Business and Family Enterprise Ombudsman

$360,250

 

2

Chief Executive Officer, Australian Sports Anti‑Doping Authority

$360,250

 

2

Chief Executive Officer, Climate Change Authority

$360,250

 

2

e‑Safety Commissioner

$360,250

 

2

Chief Executive Officer, Great Barrier Reef Marine Park Authority

$360,250

 

2

Chief Executive Officer, Independent Parliamentary Expenses Authority

$360,250

 

2

Chief Executive Officer, National Mental Health Commission

$360,250

 

2

Director of National Parks

$360,250

 

2

Chief Executive Officer, National Transport Commission

$360,250

 

1

Official Secretary to the Governor‑General

$360,250

 

2

Director, Old Parliament House

$360,250

 

2

Deputy President, Repatriation Commission

$360,250

 

1

Chief Executive Officer, Tertiary Education Quality and Standards Agency

$360,250

Table 2B, item 13

2

Principal Member, Veterans’ Review Board

$360,250

 

1

Chief Executive Officer, Aboriginal Hostels Limited

$332,550

 

2

Administrator of the Northern Territory

$332,550

 

1

Commissioner, Australian Charities and Not‑for‑profits Commission

$332,550

 

2

Deputy Electoral Commissioner

$332,550

 

2

Chief Executive Officer, Australian Organ and Tissue Donation and Transplantation Authority

$332,550

 

2

Deputy Commonwealth Ombudsman

$332,550

 

2

Gene Technology Regulator

$332,550

 

2

Chief Executive, National Capital Authority

$332,550

Table 2B, item 14

2

Administrator of the National Health Funding Pool

$332,550

 

2

Director, National Industrial Chemicals Notification and Assessment Scheme

$332,550

 

2

National Rural Health Commissioner

$332,550

 

2

Registrar of Aboriginal and Torres Strait Islander Corporations

$304,830

 

2

Administrator, Christmas and Cocos (Keeling) Islands

$304,830

Table 2B, item 15

2

Administrator of Norfolk Island

$304,830

 

2

Aged Care Pricing Commissioner

$304,830

 

2

Chief Executive Officer, Asbestos Safety and Eradication Agency

$304,830

 

2

Deputy Australian Building and Construction Commissioner

$304,830

 

2

Director General, Australian Safeguards and Non‑Proliferation Office

$304,830

 

2

Chief Executive Officer, National Faster Rail Agency

$304,830

Table 6A, item 2

2

Deputy Chair, Pharmaceutical Benefits Advisory Committee

$304,830

 

1

Commissioner, Repatriation Commission

$304,830

 

2

Chairperson, Superannuation Complaints Tribunal

$304,830

 

2

Administrator, Torres Strait Regional Authority

$304,830

 

2

Chairperson, Torres Strait Regional Authority

$304,830

 

2

Australian Electoral Officer for New South Wales

$277,120

 

2

Australian Electoral Officer for Victoria

$277,120

 

2

Merit Protection Commissioner

$277,120

 

2

Chief Executive Officer, National Health Funding Body

$277,120

 

2

Director, Office of Australian War Graves

$277,120

 

2

Executive Director of Township Leasing

$277,120

 

2

Australian Electoral Officer for Queensland

$249,420

Table 2B, item 16

2

Director, Classification Board

$249,420

Table 2B, item 17

2

Associate Commissioner, Productivity Commission

$249,420

 

2

Student Identifiers Registrar

$249,420

 

2

Deputy Chairperson, Superannuation Complaints Tribunal

$249,420

 

2

Director, Tuition Protection Service

$249,420

Table 2B, item 18

2

Senior Member, Veterans’ Review Board

$249,420

 

2

Administrative Appeals Tribunal (former member, Migration Review Tribunal (MRT))

$221,700

Table 2B, item 19

2

Administrative Appeals Tribunal (former member, Refugee Review Tribunal (RRT))

$221,700

Table 2B, item 19

2

Australian Electoral Officer for Western Australia

$221,700

 

2

Chair (full‑time), Central Land Council

$221,700

 

2

Chair (full‑time), Northern Land Council

$221,700

 

2

Australian Electoral Officer for South Australia

$215,930

 

2

Australian Electoral Officer for Northern Territory

$202,930

 

2

Australian Electoral Officer for Tasmania

$198,280

 

2

Chair (full‑time), Anindilyakwa Land Council

$193,990

 

2

Deputy Director, Classification Board

$193,990

Table 2B, item 17

2

Classifier, Classification Board

$138,570

Table 2B, item 20

3

 

11  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 2B) apply to the holders of the offices in column 1.

 

Table 2B—Special provisions for certain offices

Item

Column 1

Office

Column 2

Special provision

1

Chairperson, Deputy Chairperson and Member of the Australian Competition and Consumer Commission (ACCC)

Despite the official travel determination, the ACCC may put in place arrangements for Members’ travel to Canberra that are more cost effective than the travel entitlements they are otherwise entitled to under this determination.

2

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 travel allowance provided for by Division 2 of Part 4 of the official travel determination that would otherwise be payable for travel to Canberra.

3

Chief Executive Officer, National Disability Insurance Scheme Launch Transition Agency

Total remuneration for Mr Roberto De Luca is $724,120 per year for the initial term of his appointment, until 27 August 2020.

4

National Disability Insurance Scheme Quality and Safeguards Commissioner

Total remuneration for Mr Graeme Head is $541,010 per year for the initial term of his appointment, until 30 June 2021.

5

Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority

Total remuneration for Mr David de Carvalho is $450,090 per year for the term of his appointment, until 3 March 2022.

6

President, Australian Human Rights Commission

Total remuneration for Emeritus Professor Rosalind Croucher is $463,710 per year for the initial term of her appointment, until 29 July 2024.

7

Chief Executive Officer, North Queensland Livestock Industry Recovery Agency

The Hon Shane Stone will receive an additional fixed loading of $100,000 per year for the term of his appointment, until 29 February 2024.

8

Chief Executive Officer, Comcare

Total remuneration for Ms Sue Weston is $452,640 per year for the term of her appointment, until 7 April 2024.

9

Chief Executive Officer, Innovation and Science Australia

Dr Charlie Day will receive an additional fixed loading of $50,000 per year, until 25 November 2019.

10

Chief Executive Officer, Infrastructure and Project Financing Agency

Ms Leilani Frew will receive an additional fixed loading of $75,000 for the term of her appointment, until 9 December 2022.

11

Chief Executive Officer, Infrastructure Australia

Ms Romilly Madew will receive an additional fixed loading of $75,000 per year, until 29 April 2022.

12

Chief Executive Officer, Northern Australia Infrastructure Facility

Total remuneration for the Chief Executive Officer is $435,720 per year until 30 June 2021, during the financial assistance phase prescribed in section 8 of the Northern Australia Infrastructure Facility Act 2016.

13

Chief Executive Officer, Tertiary Education Quality and Standards Agency

Total remuneration for Mr Anthony McClaran is $415,680 per year for the initial term of his appointment, until 9 October 2020.

14

Chief Executive, National Capital Authority

Ms Sally Barnes will receive an additional fixed loading of $55,380 for the initial term of her appointment, until 10 February 2023.

15

Administrator, Christmas and Cocos (Keeling) Islands

Despite the official travel determination, the Administrator and any immediate family members normally resident with the Administrator on Christmas Island are entitled to 2 return economy class fares per year each between their home and work base.

16

Australian Electoral Officer for Queensland

Total remuneration for Mr Thomas Ryan is $283,350 per year for the initial term of his appointment, until 2 September 2020.

17

Director, Classification Board and Deputy Director, Classification Board

On any occasion when the Deputy Director acts as Director, the Deputy Director is entitled to the remuneration and other conditions determined for the Director.

18

Director, Tuition Protection Service

Total remuneration for Mr Vipan Mahajan is $277,210 per year.

19

Administrative Appeals Tribunal (AAT) (former member, MRT), and AAT (former member, RRT)

This instrument applies to a full‑time office holder of the AAT who is a former member of the MRT or the RRT and is covered by item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former member’s term of appointment that commenced before 1 July 2015).

20

Temporary Classifier

If a person is appointed to the Classification Board as a Temporary Classifier, a daily fee of $576 is payable to the person, in lieu of other provisions in this Part. The conditions for payment of the daily fee are as set out in Part 4 of the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2019.

The following do not apply to the person:

(a) Part 5 of this instrument;

(b) the Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018 (or any determination that supersedes that determination);

(c) the Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018 (or any determination that supersedes that determination).

 

12  Part‑time work

             (1)  If an office holder’s employing authority has approved the office holder to perform the duties of the office on a part‑time basis, the total remuneration for that office is to be paid on a pro rata basis in accordance with the proportion of full‑time hours worked.

             (2)  However, if the proposed hours are less than 60% of the full‑time hours, prior agreement of the Tribunal is required for the level of remuneration.

13  Remuneration packaging

             (1)  Subject to this Part, an office holder 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 employing authority (including any fringe benefits tax) that would not be incurred if the office holder received the remuneration in the form of salary.

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

Part 3Superannuation

  

14  Superannuation

Commonwealth Superannuation Scheme

             (1)  For an office holder who is a member of the CSS:

                     (a)  the office holder’s annual rate of salary for the purposes of the CSS is the office holder’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 office holder is an amount equal to 15.4% of the office holder’s superannuation salary.

Note:          For the superannuation salary for an office holder who is a member of the CSS, see section 15.

Public Sector Superannuation Scheme

             (2)  For an office holder who is a member of the PSS:

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

                     (b)  the amount of the office holder’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 office holder is an amount equal to 15.4% of the office holder’s superannuation salary.

Note:          For the superannuation salary for an office holder who is a member of the PSS, see section 15.

Defence Force Retirement and Death Benefits

             (3)  For an office holder who is a member of the DFRDB:

                     (a)  the office holder’s annual rate of salary for the purposes of the DFRDB is the office holder’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 office holder is an amount equal to 15.4% of the office holder’s superannuation salary.

Note:          For the superannuation salary for an office holder who is a member of the DFRDB, see section 15.

Military Superannuation and Benefits Scheme

             (4)  For an office holder who is a member of the MSBS:

                     (a)  the office holder’s annual rate of salary for the purposes of the MSBS is the office holder’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 office holder is an amount equal to 15.4% of the office holder’s superannuation salary.

Note:          For the superannuation salary for an office holder who is a member of the MSBS, see section 15.

Public Sector Superannuation Accumulation Plan

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

Other superannuation funds

             (6)  For an office holder 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 that office holder to nil.

No cash in lieu

             (7)  The value attributed to the employer superannuation contribution under this section 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.

15  Superannuation salary for the purposes of CSS, PSS, DFRDB and MSBS

             (1)  Subject to subsection (2), the superannuation salary for an office holder who is a member of the CSS, PSS, DFRDB or MSBS is worked out in accordance with the following table (Table 3A).

 

Table 3A—Superannuation salary—general

Item

If the office holder’s total remuneration is …

the office holder’s superannuation salary is …

1

$443,390 or more

70% of the office holder’s total remuneration (rounded up to the nearest $10).

2

less than $443,390

73% of the office holder’s total remuneration (rounded up to the nearest $10).

 

             (2)  If an office or an office holder is specified in column 1 of the following table (Table 3B), the amount in column 2 is the superannuation salary for a holder of that office, or for that office holder.

 

Table 3B—Superannuation salary for specified office holders

Item

Column 1

Office or office holder

Column 2

Superannuation salary

1

Mr Duncan Lewis, Director‑General of Security, Australian Security Intelligence Organisation

$525,110

2

Mr Nick Warner, Director‑General, Office of National Intelligence

$521,610

3

Mr Michael Burgess, Director‑General, Australian Signals Directorate

$473,760

4

Ms Sue Weston, Chief Executive Officer, Comcare

$392,240

5

Ms Sandra Parker, Fair Work Ombudsman

$368,660

6

Mr Michael Manthorpe, Commonwealth Ombudsman

$357,220

7

Mr Phillip Glyde, Chief Executive Officer, Murray‑Darling Basin Authority

$356,240

8

Deputy President, Fair Work Commission

$343,900

9

Mr David de Carvalho, Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority

$315,070

10

Dr James Findlay, Director of National Parks

$303,440

11

Mr David Fricker, Director‑General, National Archives of Australia

$299,080

12

Director of Military Prosecutions

$287,100

13

Mr Brad Archer, Chief Executive Officer, Climate Change Authority

$269,080

14

Ms Justine Ross, Chief Executive Officer, Asbestos Safety and Eradication Agency

$227,240

15

Mr Vipan Mahajan, Director, Tuition Protection Service

$205,140

16

Deputy Director, Classification Board

$166,840

17

Classifier, Classification Board

$119,180

 

Part 4Vehicles and business support

  

16  Vehicles

             (1)  If an office holder:

                     (a)  accepts an offer of a vehicle owned or leased by the office holder’s agency for private use; or

                     (b)  has access to a vehicle owned or leased by the office holder’s agency for private use;

the actual cost of the vehicle to the agency (including fringe benefits tax), less a reasonable amount (if any) reflecting business usage patterns, is taken to be a benefit.

             (2)  For the purposes of subsection (1):

                     (a)  if the annual business kilometres are less than 5,000—the business usage amount is to be based on the “cents per kilometre” method; or

                     (b)  if the annual business kilometres are 5,000 or more:

                              (i)  any business usage amount is to be assessed on log book records for at least a 12 week representative period; and

                             (ii)  the percentage of business use to total kilometres travelled per year is to be applied to the total cost of the vehicle.

17  Vehicle parking

                   If 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 is taken to be a benefit.

18  Business support

                   If an office holder is provided with communications, information technology or other office facilities necessary for the efficient conduct of the office holder’s office, incidental private use of those facilities does not require the value of the facilities to be included in total remuneration.

Part 5Travel and accommodation assistance

  

19  Accommodation assistance

             (1)  An office holder in column 1 of Table 5A is eligible to be reimbursed for qualifying accommodation costs while the office holder:

                     (a)  occupies the office in column 2; and

                     (b)  has a principal place of residence in a locality (the PPR locality) other than the office locality.

Commercial accommodation

             (2)  For the purposes of subsection (1), if the office holder is in commercial accommodation in the office locality, the following are qualifying accommodation costs up to the amount (per year) in column 3 of Table 5A:

                     (a)  the costs of the commercial accommodation;

                     (b)  settling‑in costs (including one‑off utility connection costs);

                     (c)  if the commercial accommodation does not include cooking facilities—the cost of meals.

Private, non‑commercial accommodation

             (3)  For the purposes of subsection (1), if the office holder is in private, non‑commercial accommodation (such as the home of a family member or friend) in the office locality, the costs of the private, non‑commercial accommodation are qualifying accommodation costs up to one third of the amount (per year) in column 3 of Table 5A.

Exclusions

             (4)  Assistance is not payable under this section while the office holder lives in premises owned by the office holder in the office locality.

             (5)  An office holder is not eligible to access travel allowance entitlements under the official travel determination in the PPR locality or the office locality while the office holder remains eligible to receive assistance under this section.

Amounts of accommodation assistance

             (6)  Amounts of accommodation assistance are set out in the following table (Table 5A).

 

Table 5A—Accommodation assistance

Item

Column 1

Office holder

Column 2

Office

Column 3

Assistance (per year)

1

Ms June Oscar

Aboriginal and Torres Strait Islander Social Justice Commissioner

$40,000

2

Ms Kate Jenkins

Sex Discrimination Commissioner, Australian Human Rights Commission

$40,000

3

Mr Chin Tan

Race Discrimination Commissioner, Australian Human Rights Commission (until 7 October 2023)

$40,000

4

Mr Ben Gauntlett

Disability Discrimination Commissioner, Australian Human Rights Commission

$40,000

5

Professor Dorothy Keefe

Chief Executive Officer, Cancer Australia (until 2 July 2022)

$40,000

6

Mr Michael Griffin

Integrity Commissioner, Australian Commission for Law Enforcement Integrity

$34,500

7

Dr Irene Ioannakis

Commissioner, Australian Skills Quality Authority (until 10 September 2022)

$34,500

8

Dr Charlie Day

Chief Executive Officer, Innovation and Science Australia

$34,500

9

Dr Alan Finkel

Chief Scientist

$34,500

10

The Hon Margaret Stone

Inspector‑General of Intelligence and Security

$34,500

11

Mr Mark Bielecki

Registered Organisations Commissioner

$34,500

12

Mr Tony Usher

Chief Executive Officer, Aboriginal Hostels Limited

$34,500

13

Dr Chris Parker

Chief Executive Officer, Australian Pesticides and Veterinary Medicines Authority (until 31 December 2019)

$32,000

14

Mr Richard Spencer

Commissioner, Productivity Commission (until 26 October 2021)

$22,000

 

20  Accommodation assistance—special provisions

Member of the Classification Board

             (1)  Subject to individual qualification for this allowance, to be decided by the employing authority in accordance with agency guidelines, a member of the Classification Board who has, or had, to relocate to Sydney to take up the appointment is to be paid an accommodation allowance of $13,500 per year. This allowance does not represent salary for superannuation.

Defence chiefs

             (2)  The employing authority 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.

21  Accommodation in official residence

                   If an office requires the office holder to reside in an official residence, the office holder’s total remuneration does not include the value of accommodation in the residence or the running costs of the residence.

22  Reunion travel assistance

             (1)  An office holder in column 1 of Table 5B may receive travel costs of up to the amount (per year) in column 3 for travel back to the locality of the office holder’s principal place of residence (the PPR locality) for the purpose of family reunion, while the office holder occupies the office in column 2.

             (2)  If the office holder certifies that the workload and responsibilities of the office prevent the office holder from travelling to the PPR locality for reunion purposes, the costs of reunion travel by the office holder’s partner, or a child or children of the office holder or of the office holder’s partner, who resides at the office holder’s principal place of residence, can be funded. Funding paid in accordance with this subsection counts towards the limit in subsection (1).

             (3)  Travel by a person other than the office holder funded in accordance with subsection (2) must be at economy class, and only for direct travel between the PPR locality and the office locality.

             (4)  Amounts of reunion travel assistance are set out in the following table (Table 5B).

 

Table 5B—Reunion travel assistance

Item

Column 1

Office holder

Column 2

Office

Column 3

Assistance (per year)

1

Ms Natasha Griggs

Administrator of Christmas and Cocos (Keeling) Islands

$41,840

2

Mr Eric Hutchinson

Administrator of Norfolk Island

$41,400

3

Dr Irene Ioannakis

Commissioner, Australian Skills Quality Authority (until 10 September 2022)

$30,240

4

Ms June Oscar

Aboriginal and Torres Strait Islander Social Justice Commissioner

$27,000

5

Mr Ben Gauntlett

Disability Discrimination Commissioner, Australian Human Rights Commission

$25,920

6

Mr Tony Usher

Chief Executive Officer, Aboriginal Hostels Limited

$25,224

7

Professor Dorothy Keefe

Chief Executive Officer, Cancer Australia (until 2 July 2022)

$22,200

8

Dr Stephen Donoghue QC

Solicitor‑General

$20,880

9

Dr Charlie Day

Chief Executive Officer, Innovation and Science Australia

$18,500

10

Ms Kate Jenkins

Sex Discrimination Commissioner, Australian Human Rights Commission

$18,500

11

Mr Chin Tan

Race Discrimination Commissioner, Australian Human Rights Commission (until 7 October 2023)

$18,500

12

Mr Mark Bielecki

Registered Organisations Commissioner

$16,824

13

The Hon Margaret Stone

Inspector‑General of Intelligence and Security

$14,376

14

Mr Michael Griffin

Integrity Commissioner, Australian Commission for Law Enforcement Integrity

$13,896

15

Mr Tim Kelsey

Chief Executive Officer, Australian Digital Health Agency

$10,000

 

Part 6Application and transitional provisions

  

23  Application and transitional provisions—general

                   The following table (Table 6A) sets out application and transitional provisions for the provisions in column 1.

 

Table 6A—Application and transitional provisions

Item

Column 1

Provision

Column 2

Application and transitional provisions

1

Table 2A, item dealing with Data Standards Chair

This item applies on and after 14 August 2019 (see the Remuneration Tribunal Amendment Determination (No. 4) 2019).

2

Table 2A, item dealing with Chief Executive Officer, National Faster Rail Agency

This item applies on and after 1 July 2019 (see the Remuneration Tribunal Amendment Determination (No. 4) 2019).

 



Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Remuneration Tribunal (Remuneration and Allowances for Holders of Full time Public Office) Determination 2019

21 June 2019 (F2019L00857)

1 July 2019

 

Remuneration Tribunal Amendment Determination (No. 4) 2019

26 Aug 2019 (F2019L01094)

Sch 1 (items 6–10): 27 Aug 2019 (s 2(1) item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA 48D

s 7.............................................

am F2019L01094

s 10...........................................

am F2019L01094

Part 6

 

Part 6........................................

ad F2019L01094

s 23...........................................

ad F2019L01094