Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2021

We, the members of the Remuneration Tribunal, make the following determination.
Dated		15 June		2021

Signed	Signed	
John Conde AO	Heather Zampatti	
President	Member	

  

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	1
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	11
12	Part‑time work	13
13	Remuneration packaging	13
Part 3—Superannuation	15
14	Superannuation	15
15	Superannuation salary for the purposes of CSS, PSS, DFRDB and MSBS	16
Part 4—Vehicles and business support	18
16	Vehicles	18
17	Vehicle parking	18
18	Business support	18
Part 5—Travel and accommodation assistance	19
19	Accommodation assistance	19
20	Accommodation assistance—special provisions	20
21	Accommodation in official residence	20
22	Reunion travel assistance	20
Schedule 1—Repeals	22
Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2020	22

Part 1—Preliminary
  
1  Name
		This instrument is the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2021.
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 2021.	1 July 2021	
Note:	This table relates only to the provisions of this instrument as originally made.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 2021.
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 2020.
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).
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 2—Remuneration
  
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	
Director‑General, Office of the Special Investigator	$775,910		1	
Solicitor‑General	$775,910	Table 2B, item 2	1	
Chief Executive Officer, Services Australia	$748,210		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 14	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		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	
Chief Executive Officer, Australian Research Council	$471,090	Table 2B, item 15	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		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 3	2	
President, Australian Human Rights Commission	$443,390	Table 2B, item 4	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	
Coordinator‑General, National Recovery and Resilience Agency	$443,390	Table 2B, item 5	1	
Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority	$443,390		2	
National Skills Commissioner	$443,390	Table 2B, item 16	2	
Parliamentary Budget Officer	$443,390		2	
Deputy Chair, Productivity Commission	$443,390		1	
Second Parliamentary Counsel	$443,390		2	
Chief Executive Officer, Sport Integrity Australia	$443,390		2	
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 Executive Officer, Australian Skills Quality Authority	$415,680		2	
Chief Executive Officer, Comcare	$415,680	Table 2B, item 6	2	
General Manager, Fair Work Commission	$415,680		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	
Director, Australian Institute of Family Studies	$387,960		2	
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 Australia	$387,960	Table 2B, item 7	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		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	
Chief Executive Officer, Australian Centre for International Agriculture Research	$360,250		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	
Chief Executive Officer, Australian Radioactive Waste Agency	$360,250		1	
Australian Small Business and Family Enterprise Ombudsman	$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		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	
Chief Executive Officer, Food Standards Australia New Zealand	$332,550	Table 2B, item 17	1	
Gene Technology Regulator	$332,550		2	
Chief Executive, National Capital Authority	$332,550	Table 2B, item 8	2	
Administrator of the National Health Funding Pool	$332,550		2	
Executive Director, Australian Industrial Chemicals Introduction 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 9	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		2	
Chief Executive Officer, National Sports Tribunal	$304,830		2	
Chief Executive Officer, North Queensland Water Infrastructure Authority	$304,830		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	
Director of Workplace Gender Equality	$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	
Chief Executive Officer, Torres Strait Regional Authority	$258,393		2	
Australian Electoral Officer for Queensland	$249,420		2	
Director, Classification Board	$249,420	Table 2B, item 10	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 11	2	
Senior Member, Veterans’ Review Board	$249,420		2	
Administrative Appeals Tribunal (former member, Migration Review Tribunal (MRT))	$221,700	Table 2B, item 12	2	
Administrative Appeals Tribunal (former member, Refugee Review Tribunal (RRT))	$221,700	Table 2B, item 12	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 10	2	
Classifier, Classification Board	$138,570	Table 2B, item 13	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, Australian Curriculum, Assessment and Reporting Authority	Total remuneration for Mr David de Carvalho is $450,090 per year, until 3 March 2022.	
4	President, Australian Human Rights Commission	Total remuneration for Emeritus Professor Rosalind Croucher is $463,710 per year, until 29 July 2024.	
5	Coordinator‑General, National Recovery and Resilience 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.	
6	Chief Executive Officer, Comcare	Total remuneration for Ms Sue Weston is $463,298 for the period beginning on 20 April 2021 and ending on 20 April 2022.	
7	Chief Executive Officer, Infrastructure Australia	Ms Romilly Madew will receive an additional fixed loading of $75,000 per year, until 29 April 2022.	
8	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.	
9	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.	
10	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.	
11	Director, Tuition Protection Service	Total remuneration for Mr Vipan Mahajan is $277,210 per year.	
12	Administrative Appeals Tribunal (AAT) (former member, Migration Review Tribunal (MRT)) and Administrative Appeals Tribunal (former member, Refugee Review Tribunal (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).	
13	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 2021.
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).	
14	Chief Executive Officer, National Disability Insurance Scheme Launch Transition Agency	Mr Martin Hoffman will receive an additional fixed loading of $166,260 per year, until 3 November 2022.	
15	Chief Executive Officer, Australian Research Council	Total remuneration for Professor Sue Thomas is $489,790 per year, until 2 July 2022.	
16	National Skills Commissioner	Mr Adam Boyton will receive an additional fixed loading of $27,700 per year, for the initial term of his appointment, until 12 October 2025.	
17	Chief Executive Officer, Food Standards Australia New Zealand	Total remuneration for Mr Mark Booth is $369,550 per year.	

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 3—Superannuation
  
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 Michael Burgess, Director‑General of Security, Australian Security Intelligence Organisation	$473,760	
2	Ms Sue Weston, Chief Executive Officer, Comcare	$392,240	
3	Dr Stein Helgeby, Parliamentary Budget Officer	$386,348	
4	Ms Sandra Parker, Fair Work Ombudsman	$368,660	
5	Mr Michael Manthorpe, Commonwealth Ombudsman	$357,220	
6	Mr Phillip Glyde, Chief Executive Officer, Murray‑Darling Basin Authority	$356,240	
7	Deputy President, Fair Work Commission	$343,900	
8	Mr David de Carvalho, Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority	$315,070	
9	Mr David Fricker, Director‑General, National Archives of Australia	$299,080	
10	Ms Cathryn Pope, Deputy President, Repatriation Commission	$293,346	
11	Director of Military Prosecutions	$287,100	
12	Mr Brad Archer, Chief Executive Officer, Climate Change Authority	$269,080	
13	Ms Justine Ross, Chief Executive Officer, Asbestos Safety and Eradication Agency	$227,240	
14	Mr Vipan Mahajan, Director, Tuition Protection Service	$205,140	
15	Deputy Director, Classification Board	$166,840	
16	Classifier, Classification Board	$119,180	

Part 4—Vehicles 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 5—Travel 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 (until 3 April 2022)	$40,000	
2	Mr Chin Tan	Race Discrimination Commissioner, Australian Human Rights Commission (until 7 October 2023)	$40,000	
3	Professor Dorothy Keefe	Chief Executive Officer, Cancer Australia (until 2 July 2022)	$40,000	
4	Mr Mark Bielecki	Registered Organisations Commissioner (until 30 April 2022)	$34,500	
5	Dr Christopher Jessup QC	Inspector‑General of Intelligence and Security (until 7 February 2026)	$34,500	
6	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 Army, the Chief of Air Force, 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 (until 4 October 2022)	$40,260	
2	Ms June Oscar	Aboriginal and Torres Strait Islander Social Justice Commissioner (until 3 April 2022)	$27,000	
3	Mr Eric Hutchinson	Administrator of Norfolk Island (until 31 March 2023)	$24,000	
4	Professor Dorothy Keefe	Chief Executive Officer, Cancer Australia (until 2 July 2022)	$22,200	
5	Dr Christopher Jessup QC	Inspector‑General of Intelligence and Security (until 7 February 2026)	$21,384	
6	Dr Stephen Donoghue QC	Solicitor‑General (until 15 January 2022)	$20,880	
7	Mr Chin Tan	Race Discrimination Commissioner, Australian Human Rights Commission (until 7 October 2023)	$18,500	
8	Mr Mark Bielecki	Registered Organisations Commissioner (until 30 April 2022)	$16,824	
9	Mr Joe Longo	Chairperson, Australian Securities and Investments Commission (beginning on 1 June 2021, until 1 July 2021)	$9,600	

Schedule 1—Repeals
  
Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2020
1  The whole of the instrument
Repeal the instrument.