Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination (No. 1) 2023
We, the members of the Remuneration Tribunal, make the following determination.
Dated 8 June 2023
Signed | Signed | Signed |
John Conde AO | Heather Zampatti | Stephen Conry AM |
President | Member | 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 2022
This instrument is the Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination (No. 1) 2023.
(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 | The day after this instrument is registered. | 10 June 2023 |
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 when it commences.
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 2022.
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 2022 (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 | $911,140 |
| 1 |
Australian Public Service Commissioner | $845,650 |
| 1 |
Chairperson, Australian Competition and Consumer Commission | $797,250 | Table 2B, item 1 | 1 |
Chairperson, Australian Securities and Investments Commission | $797,250 |
| 1 |
Director‑General, Office of the Special Investigator | $797,250 |
| 1 |
Solicitor‑General | $797,250 | Table 2B, item 2 | 1 |
Chief Executive Officer, Services Australia | $768,790 |
| 1 |
Australian Federal Police Commissioner | $740,300 |
| 1 |
Director‑General, Office of National Intelligence | $740,300 |
| 1 |
Deputy Chair, Australian Prudential Regulation Authority | $728,900 |
| 1 |
National Anti‑Corruption Commissioner | $728,900 |
| 1 |
Member, Australian Prudential Regulation Authority | $683,360 |
| 1 |
Director‑General of Security, Australian Security Intelligence Organisation | $683,360 |
| 1 |
Director‑General, Australian Signals Directorate | $683,360 |
| 1 |
Australian Border Force Commissioner | $660,570 |
| 1 |
Director‑General, Australian Submarine Agency | $660,570 |
| 1 |
Deputy Chairperson, Australian Securities and Investments Commission | $637,810 |
| 1 |
Vice Chief of the Defence Force | $626,410 |
| 1 |
Chair, Productivity Commission | $626,410 |
| 1 |
Deputy Chairperson, Australian Competition and Consumer Commission | $597,950 | Table 2B, item 1 | 1 |
Chief of Navy | $597,950 |
| 1 |
Chief of Army | $597,950 |
| 1 |
Chief of Air Force | $597,950 |
| 1 |
Vice President, Fair Work Commission | $597,950 |
| 1 |
Chief Executive Officer, Austrade | $569,470 |
| 1 |
Chair, Australian Communications and Media Authority | $569,470 |
| 1 |
Member, Australian Competition and Consumer Commission | $569,470 | Table 2B, item 1 | 1 |
Chief Executive Officer, Australian Criminal Intelligence Commission | $569,470 |
| 1 |
Chief Executive Officer, Australian Digital Health Agency | $569,470 |
| 1 |
Australian Electoral Commissioner | $569,470 |
| 1 |
Chair, Australian Energy Regulator | $569,470 |
| 1 |
Member, Australian Securities and Investments Commission | $569,470 |
| 1 |
Chair/Chief Executive Officer, Clean Energy Regulator | $569,470 |
| 1 |
Chief Executive Officer, Digital Transformation Agency | $569,470 |
| 1 |
Director of Public Prosecutions | $569,470 |
| 1 |
National Anti‑Corruption Deputy Commissioner | $569,470 |
| 1 |
Chief Executive Officer, National Disability Insurance Agency | $569,470 | Table 2B, item 17 | 2 |
Chief Executive Officer, National Indigenous Australians Agency | $569,470 |
| 1 |
First Parliamentary Counsel | $569,470 |
| 1 |
Chief Executive Officer, National Health and Medical Research Council | $541,000 |
| 1 |
Chief Executive, Australian Financial Security Authority | $512,530 |
| 2 |
Chief Executive Officer, Australian Transaction Reports and Analysis Centre | $512,530 |
| 2 |
Director, Bureau of Meteorology | $512,530 |
| 2 |
Chief Scientist | $512,530 |
| 1 |
Data Standards Chair | $512,530 |
| 1 |
Inspector of the National Anti‑Corruption Commission | $512,530 |
| 1 |
Chief Executive Officer, National Housing Finance and Investment Corporation | $512,530 |
| 2 |
Aged Care Quality and Safety Commissioner | $484,050 |
| 2 |
Integrity Commissioner, Australian Commission for Law Enforcement Integrity | $484,050 |
| 1 |
Examiner, Australian Criminal Intelligence Commission | $484,050 |
| 1 |
Chief Executive Officer, Australian Renewable Energy Agency | $484,050 |
| 2 |
Chief Executive Officer, Australian Research Council | $484,050 |
| 1 |
Commonwealth Ombudsman | $484,050 |
| 1 |
Deputy President, Fair Work Commission | $484,050 |
| 1 |
Chief Executive Officer, Independent Hospital Pricing Authority | $484,050 |
| 1 |
Information Commissioner | $484,050 |
| 1 |
Inspector‑General of Intelligence and Security | $484,050 |
| 1 |
National Disability Insurance Scheme Quality and Safeguards Commissioner | $484,050 | Table 2B, item 15 | 2 |
Independent National Security Legislation Monitor | $476,470 |
| 1 |
Chief Executive Officer, Australian Commission on Safety and Quality in Health Care | $455,590 |
| 1 |
Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority | $455,590 |
| 2 |
President, Australian Human Rights Commission | $455,590 | Table 2B, item 3 | 1 |
Chief Commissioner, Australian Transport Safety Bureau | $455,590 |
| 1 |
Chief Executive Officer, Cancer Australia | $455,590 |
| 2 |
Fair Work Ombudsman | $455,590 |
| 1 |
Inspector‑General of Taxation | $455,590 |
| 1 |
Jobs and Skills Australia Director | $455,590 |
| 2 |
Chief Executive, Murray‑Darling Basin Authority | $455,590 |
| 1 |
Coordinator‑General, National Emergency Management Agency | $455,590 | Table 2B, item 4 | 1 |
Chief Executive Officer, National Offshore Petroleum Safety and Environmental Management Authority | $455,590 |
| 2 |
Parliamentary Budget Officer | $455,590 |
| 2 |
Deputy Chair, Productivity Commission | $455,590 |
| 1 |
Second Parliamentary Counsel | $455,590 |
| 2 |
Chief Executive Officer, Sport Integrity Australia | $455,590 |
| 2 |
Chair, Australian Accounting Standards Board | $427,120 |
| 1 |
Deputy Chair, Australian Communications and Media Authority | $427,120 |
| 1 |
Chief Executive Officer, Great Barrier Reef Marine Park Authority | $427,120 |
| 2 |
Inspector‑General Australian Defence Force | $427,120 |
| 2 |
Member, Australian Energy Regulator | $427,120 |
| 1 |
Chief Executive Officer, Australian Fisheries Management Authority | $427,120 |
| 1 |
Chief Executive Officer, Australian Skills Quality Authority | $427,120 |
| 2 |
Chief Executive Officer, Comcare | $427,120 |
| 2 |
eSafety Commissioner | $427,120 |
| 2 |
General Manager, Fair Work Commission | $427,120 |
| 1 |
Chief Executive Officer, National Anti‑Corruption Commission | $427,120 |
| 1 |
Chief Executive Officer, National Mental Health Commission | $427,120 |
| 2 |
Chair, Pharmaceutical Benefits Advisory Committee | $427,120 |
| 1 |
Chief Executive Officer, Safe Work Australia | $427,120 |
| 2 |
Chair, Auditing and Assurance Standards Board | $398,630 |
| 1 |
Director, Australian Institute of Criminology | $398,630 |
| 1 |
Director, Australian Institute of Family Studies | $398,630 |
| 2 |
Chief Executive Officer, Australian Pesticides and Veterinary Medicines Authority | $398,630 |
| 2 |
Chief Executive Officer, Australian Radiation Protection and Nuclear Safety Agency | $398,630 |
| 1 |
Commissioner, Domestic, Family and Sexual Violence Commission | $398,630 |
| 2 |
Director of Military Prosecutions | $398,630 |
| 2 |
Associate Director of Public Prosecutions | $398,630 |
| 1 |
Commissioner, Fair Work Commission | $398,630 |
| 1 |
Freedom of Information Commissioner | $398,630 |
| 2 |
Chief Executive Officer, Infrastructure Australia | $398,630 |
| 1 |
Director‑General, National Archives of Australia | $398,630 |
| 2 |
General Manager, National Blood Authority | $398,630 |
| 2 |
Chief Executive Officer, Northern Australia Infrastructure Facility | $398,630 | Table 2B, item 12 | 1 |
Privacy Commissioner | $398,630 |
| 2 |
Commissioner, Productivity Commission | $398,630 |
| 2 |
Director, Professional Services Review | $398,630 |
| 1 |
Chief Executive Officer, Australian Centre for International Agriculture Research | $370,160 |
| 2 |
Member, Australian Communications and Media Authority | $370,160 |
| 1 |
Aboriginal and Torres Strait Islander Social Justice Commissioner | $370,160 |
| 2 |
Age Discrimination Commissioner | $370,160 |
| 2 |
Disability Discrimination Commissioner | $370,160 |
| 2 |
Human Rights Commissioner | $370,160 |
| 2 |
National Children’s Commissioner | $370,160 |
| 2 |
Race Discrimination Commissioner | $370,160 |
| 2 |
Sex Discrimination Commissioner | $370,160 |
| 2 |
Chief Executive Officer, Australian National Preventative Health Agency | $370,160 |
| 2 |
Chief Executive Officer, Australian Organ and Tissue Donation and Transplantation Authority | $370,160 |
| 2 |
Chief Executive Officer, Australian Radioactive Waste Agency | $370,160 | Table 2B, item 13 | 1 |
Australian Small Business and Family Enterprise Ombudsman | $370,160 |
| 2 |
Chief Executive Officer, Climate Change Authority | $370,160 |
| 2 |
Chief Executive Officer, Independent Parliamentary Expenses Authority | $370,160 |
| 2 |
Inspector‑General of Water Compliance | $370,160 |
| 2 |
Chief Executive, National Capital Authority | $370,160 | Table 2B, item 6 | 2 |
Administrator of the National Health Funding Pool | $370,160 |
| 2 |
Director of National Parks | $370,160 |
| 2 |
Chief Executive Officer, National Transport Commission | $370,160 |
| 1 |
Official Secretary to the Governor‑General | $370,160 |
| 2 |
Director, Old Parliament House | $370,160 |
| 2 |
Deputy President, Repatriation Commission | $370,160 |
| 1 |
Chief Executive Officer, Tertiary Education Quality and Standards Agency | $370,160 |
| 2 |
Principal Member, Veterans’ Review Board | $370,160 |
| 1 |
Chief Executive Officer, Aboriginal Hostels Limited | $341,700 |
| 2 |
Administrator of the Northern Territory | $341,700 |
| 1 |
Commissioner, Australian Charities and Not‑for‑profits Commission | $341,700 |
| 2 |
Deputy Electoral Commissioner | $341,700 |
| 2 |
Deputy Commonwealth Ombudsman | $341,700 |
| 2 |
Chief Executive Officer, Food Standards Australia New Zealand | $341,700 |
| 1 |
Gene Technology Regulator | $341,700 |
| 2 |
Chief Executive Officer, High Speed Rail Authority | $341,700 |
| 2 |
Executive Director, Australian Industrial Chemicals Introduction Scheme | $341,700 |
| 2 |
National Rural Health Commissioner | $341,700 |
| 2 |
Registrar of Aboriginal and Torres Strait Islander Corporations | $313,220 |
| 2 |
Administrator, Christmas and Cocos (Keeling) Islands | $313,220 | Table 2B, item 7 | 2 |
Administrator of Norfolk Island | $313,220 |
| 2 |
Chief Executive Officer, Asbestos Safety and Eradication Agency | $313,220 |
| 2 |
Director General, Australian Safeguards and Non‑Proliferation Office | $313,220 |
| 2 |
National Data Commissioner | $313,220 | Table 2B, item 16 | 2 |
Chief Executive Officer, National Faster Rail Agency | $313,220 |
| 2 |
Chief Executive Officer, National Health Funding Body | $313,220 |
| 2 |
Chief Executive Officer, National Sports Tribunal | $313,220 |
| 2 |
Head, National Suicide Prevention Office | $313,220 |
| 2 |
Chief Executive Officer, North Queensland Water Infrastructure Authority | $313,220 |
| 2 |
Deputy Chair, Pharmaceutical Benefits Advisory Committee | $313,220 |
| 1 |
Commissioner, Repatriation Commission | $313,220 |
| 2 |
Administrator, Torres Strait Regional Authority | $313,220 |
| 2 |
Chairperson, Torres Strait Regional Authority | $313,220 |
| 2 |
Australian Electoral Officer for New South Wales | $284,750 |
| 2 |
Australian Electoral Officer for Victoria | $284,750 |
| 2 |
Director of Workplace Gender Equality | $284,750 |
| 2 |
Merit Protection Commissioner | $284,750 |
| 2 |
Director, Office of Australian War Graves | $284,750 |
| 2 |
Executive Director of Township Leasing | $284,750 |
| 2 |
Chief Executive Officer, Torres Strait Regional Authority | $265,500 |
| 2 |
Australian Electoral Officer for Queensland | $256,280 |
| 2 |
Director, Classification Board | $256,280 | Table 2B, item 8 | 2 |
Associate Commissioner, Productivity Commission | $256,280 |
| 2 |
Student Identifiers Registrar | $256,280 |
| 2 |
Director, Tuition Protection Service | $256,280 |
| 2 |
Senior Member, Veterans’ Review Board | $256,280 |
| 2 |
Australian Electoral Officer for Western Australia | $227,800 |
| 2 |
Chair (full‑time), Central Land Council | $227,800 |
| 2 |
Chair (full‑time), Northern Land Council | $227,800 |
| 2 |
Australian Electoral Officer for South Australia | $221,870 |
| 2 |
Australian Electoral Officer for Northern Territory | $208,520 |
| 2 |
Australian Electoral Officer for Tasmania | $203,740 |
| 2 |
Chair (full‑time), Anindilyakwa Land Council | $199,330 |
| 2 |
Deputy Director, Classification Board | $199,330 | Table 2B, item 8 | 2 |
Classifier, Classification Board | $142,390 | Table 2B, item 9 | 3 |
Chair, Tiwi Land Council | $130,650 |
| 2 |
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 KC 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 | President, Australian Human Rights Commission | Total remuneration for Emeritus Professor Rosalind Croucher is $476,470 per year, until 29 July 2024. |
4 | Coordinator‑General, National Emergency Management Agency | Mr Brendan Moon will receive: (a) an additional fixed loading of $60,000 per year for the initial term of his appointment, beginning on 6 October 2022 and ending on 5 October 2027; and (b) an additional fixed loading of $28,460 for the period beginning on 6 October 2022 and ending on 5 October 2023. |
6 | Chief Executive, National Capital Authority | Ms Sally Barnes will receive an additional fixed loading of $26,920 per year, until 10 February 2026. |
7 | 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. |
8 | 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. |
9 | Temporary Classifier | If a person is appointed to the Classification Board as a Temporary Classifier, a daily fee of $592 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 (No. 1) 2023. 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 | Chief Executive Officer, Northern Australia Infrastructure Facility | Total remuneration for this office is $484,050 per year until 30 June 2026. |
13 | Chief Executive Officer, Australian Radioactive Waste Agency | Total remuneration for Mr Sam Usher is $508,620 per year, for the initial term of his appointment. |
15 | National Disability Insurance Scheme Quality and Safeguards Commissioner | Ms Tracy Mackey will receive an additional fixed loading of $35,091 per year, until 9 January 2025. |
16 | National Data Commissioner | Total remuneration for Ms Gayle Milnes is $319,910 per year, until 9 April 2027. |
17 | Chief Executive Officer, National Disability Insurance Agency | Ms Rebecca Falkingham will receive an additional fixed loading of $166,260 for the period beginning on 8 December 2022 and ending on 7 December 2023. |
(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 | $455,590 or more | 70% of the office holder’s total remuneration (rounded up to the nearest $10). |
2 | less than $455,590 | 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 | $486,790 |
2 | Dr Stein Helgeby, Parliamentary Budget Officer | $396,980 |
3 | Mr Iain Anderson, Commonwealth Ombudsman | $388,723 |
4 | Ms Sandra Parker, Fair Work Ombudsman | $378,800 |
5 | Deputy President, Fair Work Commission | $348,520 |
6 | Mr David de Carvalho, Chief Executive Officer, Australian Curriculum, Assessment and Reporting Authority | $323,740 |
7 | Ms Jody Swirepik, Director of National Parks | $312,490 |
8 | Ms Cathryn Pope, Deputy President, Repatriation Commission (until 5 August 2025) | $301,420 |
9 | Mr Brad Archer, Chief Executive Officer, Climate Change Authority | $276,480 |
10 | Ms Justine Ross, Chief Executive Officer, Asbestos Safety and Eradication Agency | $233,490 |
11 | Ms Melinda Hatton, Director, Tuition Protection Service | $213,320 |
12 | Deputy Director, Classification Board | $171,430 |
13 | Classifier, Classification Board | $122,460 |
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 | Mr Chin Tan | Race Discrimination Commissioner (until 7 October 2023) | $40,000 |
2 | Professor Dorothy Keefe | Chief Executive Officer, Cancer Australia (until 2 July 2025) | $40,000 |
3 | Mr Graeme Barden | Executive Director, Australian Industrial Chemicals Introduction Scheme (until 30 June 2026) | $40,000 |
4 | The Hon Mary Wooldridge | Director of Workplace Gender Equality (until 18 May 2024) | $40,000 |
5 | Ms Lorraine Finlay | Human Rights Commissioner (until 21 November 2026) | $40,000 |
6 | Ms June Oscar | Aboriginal and Torres Strait Islander Social Justice Commissioner (until 3 April 2024) | $34,500 |
7 | Mr David Chalmers | Chief Executive Officer, Aboriginal Hostels Limited (for the period beginning on 10 March 2023 and ending on 9 March 2025) | $34,500 |
8 | The Hon Dr Christopher Jessup KC | Inspector‑General of Intelligence and Security (until 7 February 2026) | $34,500 |
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 June Oscar | Aboriginal and Torres Strait Islander Social Justice Commissioner (until 3 April 2024) | $30,000 | |
2 | Mr David Chalmers | Chief Executive Officer, Aboriginal Hostels Limited (for the period beginning on 10 March 2023 and ending on 9 March 2025) | $24,400 | |
3 | Professor Dorothy Keefe | Chief Executive Officer, Cancer Australia (until 2 July 2025) | $22,200 | |
4 | The Hon Dr Christopher Jessup KC | Inspector‑General of Intelligence and Security (until 7 February 2026) | $21,384 | |
5 | The Hon Mary Wooldridge | Director of Workplace Gender Equality (until 18 May 2024) | $21,000 | |
6 | Mr Chin Tan | Race Discrimination Commissioner (until 7 October 2023) | $18,500 | |
7 | Ms Lorraine Finlay | Human Rights Commissioner (until 21 November 2026) | $18,000 | |
8 | Mr Graeme Barden | Executive Director, Australian Industrial Chemicals Introduction Scheme (until 30 June 2026) | $5,933 | |
1 The whole of the instrument
Repeal the instrument.