Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2020
We, the members of the Remuneration Tribunal, make the following determination.
Dated 16 June 2020
Signed | Signed |
John Conde AO | Heather Zampatti |
President | Member |
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 When this instrument takes effect
4 Authority
5 Determination supersedes previous determination
6 Schedules
7 Definitions
8 Meaning of total remuneration
9 Remuneration and benefits not to be supplemented
Part 2—Remuneration
10 Total remuneration
11 Special provisions for certain offices
12 Part‑time work
13 Remuneration packaging
Part 3—Superannuation
14 Superannuation
15 Superannuation salary for the purposes of CSS, PSS, DFRDB and MSBS
Part 4—Vehicles and business support
16 Vehicles
17 Vehicle parking
18 Business support
Part 5—Travel and accommodation assistance
19 Accommodation assistance
20 Accommodation assistance—special provisions
21 Accommodation in official residence
22 Reunion travel assistance
Schedule 1—Repeals
Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2019
This instrument is the Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2020.
(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 2020. | 1 July 2020 |
Note: This table relates only to the provisions of this instrument as originally made.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 2020.
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 2019.
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.
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.
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 |
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 19 | 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 |
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 3 | 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 4 | 2 |
President, Australian Human Rights Commission | $443,390 | Table 2B, item 5 | 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 Drought and North Queensland Flood Response and Recovery Agency | $443,390 | Table 2B, item 6 | 1 |
Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority | $443,390 |
| 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 Commissioner & Chief Executive Officer, Australian Skills Quality Authority | $415,680 |
| 2 |
Chief Executive Officer, Comcare | $415,680 | Table 2B, item 7 | 2 |
General Manager, Fair Work Commission | $415,680 |
| 1 |
Chief Executive Officer, Innovation and Science Australia | $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 and Project Financing Agency | $387,960 | Table 2B, item 8 | 1 |
Chief Executive Officer, Infrastructure Australia | $387,960 | Table 2B, item 9 | 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 10 | 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 |
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, 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 11 | 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 12 | 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 13 | 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 | Table 2B, item 14 | 2 |
Director, Classification Board | $249,420 | Table 2B, item 15 | 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 16 | 2 |
Senior Member, Veterans’ Review Board | $249,420 |
| 2 |
Administrative Appeals Tribunal (former member, Migration Review Tribunal (MRT)) | $221,700 | Table 2B, item 17 | 2 |
Administrative Appeals Tribunal (former member, Refugee Review Tribunal (RRT)) | $221,700 | Table 2B, item 17 | 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 15 | 2 |
Classifier, Classification Board | $138,570 | Table 2B, item 18 | 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 | 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. |
4 | 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. |
5 | 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. |
6 | Coordinator‑General, National Drought and North Queensland Flood Response and 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. |
7 | 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. |
8 | 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. |
9 | Chief Executive Officer, Infrastructure Australia | Ms Romilly Madew will receive an additional fixed loading of $75,000 per year, until 29 April 2022. |
10 | 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. |
11 | 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. |
12 | 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. |
13 | 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. |
14 | 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. |
15 | 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. |
16 | Director, Tuition Protection Service | Total remuneration for Mr Vipan Mahajan is $277,210 per year. |
17 | 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). |
18 | 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 2020. 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). |
19 | Chief Executive Officer, National Disability Insurance Scheme Launch Transition Agency | Mr Martin Hoffman will receive an additional fixed loading of $166,260 per year, for the term of his appointment, from 4 November 2019 until 3 November 2022. |
(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.
(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.
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 Nick Warner, Director‑General, Office of National Intelligence | $521,610 |
2 | Mr Michael Burgess, Director‑General of Security, Australian Security Intelligence Organisation | $473,760 |
3 | Ms Sue Weston, Chief Executive Officer, Comcare | $392,240 |
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 | Dr James Findlay, Director of National Parks | $303,440 |
10 | Mr David Fricker, Director‑General, National Archives of Australia | $299,080 |
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
(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.
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.
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
(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 | Ms Kate Jenkins | Sex Discrimination Commissioner, Australian Human Rights Commission (until 16 April 2021) | $40,000 |
3 | Mr Chin Tan | Race Discrimination Commissioner, Australian Human Rights Commission (until 7 October 2023) | $40,000 |
4 | Professor Dorothy Keefe | Chief Executive Officer, Cancer Australia (until 2 July 2022) | $40,000 |
5 | Ms Libby Lyons | Director of Workplace Gender Equality (until 18 October 2020) | $40,000 |
6 | Dr Irene Ioannakis | Commissioner, Australian Skills Quality Authority (until 10 September 2022) | $34,500 |
7 | Dr Alan Finkel | Chief Scientist (until 31 December 2020) | $34,500 |
8 | The Hon Margaret Stone | Inspector‑General of Intelligence and Security (until 23 August 2020) | $34,500 |
9 | Mr Mark Bielecki | Registered Organisations Commissioner (until 30 April 2022) | $34,500 |
10 | Mr Christopher Wade | Chief Executive Officer, Northern Australia Infrastructure Facility (until 30 June 2021) | $34,500 |
11 | 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.
(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 2020) | $41,840 | ||
2 | Mr Eric Hutchinson | Administrator of Norfolk Island (until 31 March 2021) | $41,400 | ||
3 | Dr Irene Ioannakis | Commissioner, Australian Skills Quality Authority (until 10 September 2022) | $30,240 | ||
4 | Ms Libby Lyons | Director of Workplace Gender Equality (until 18 October 2020) | $28,212 | ||
5 | Ms June Oscar | Aboriginal and Torres Strait Islander Social Justice Commissioner (until 3 April 2022) | $27,000 | ||
6 | Professor Dorothy Keefe | Chief Executive Officer, Cancer Australia (until 2 July 2022) | $22,200 | ||
7 | Dr Stephen Donoghue QC | Solicitor‑General (until 15 January 2022) | $20,880 | ||
8 | Ms Kate Jenkins | Sex Discrimination Commissioner, Australian Human Rights Commission (until 16 April 2021) | $18,500 | ||
9 | Mr Chin Tan | Race Discrimination Commissioner, Australian Human Rights Commission (until 7 October 2023) | $18,500 | ||
10 | Mr Mark Bielecki | Registered Organisations Commissioner (until 30 April 2022) | $16,824 | ||
11 | Mr Christopher Wade | Chief Executive Officer, Northern Australia Infrastructure Facility (until 30 June 2021) | $16,800 | ||
12 | The Hon Margaret Stone | Inspector‑General of Intelligence and Security (until 23 August 2020) | $14,376 | ||
1 The whole of the instrument
Repeal the instrument.