Determinations

Remuneration Tribunal determinations take effect from the date specified in the determination or, if no date is specified, the day after it is registered on the Federal Register of Legislative Instruments (FRLI). In some cases a determination may include some provisions that come into operation on different dates as specified in the determination. Any Tribunal determination, or provision of a determination, that adversely affects the rights of a person, or imposes liabilities on a person, has no effect until it is registered on the FRLI.

All Tribunal determinations are disallowable instruments. Under sub-section 38(1) of the Legislative Instruments Act 2003, Tribunal determinations are required to be tabled in both houses of Parliament by the Attorney-General's Department, within 6 sitting days after the determination has been registered on the FRLI.

Sub-section 7(8) of the Remuneration Tribunal Act 1973 provides that either house, within 15 sitting days after the determination has been tabled, may pass a resolution 'disapproving' the determination. If a determination that is disapproved (disallowed) has already come into operation, the determination does not have any force or effect on or after the day on which the resolution was passed. However, disallowance does not apply retrospectively. This means, for example, that affected office holders who have already received a pay rise do not have to repay any additional remuneration they have already received. However, from the date of disallowance, their pay would revert to what it was previously.

Special arrangements apply for judicial offices within the Tribunal’s determining jurisdiction. Under sub-sections 7(5A), 7(5B) and 7(5C) of the Act, determinations for judicial offices do not come into effect until after the 15 sitting days disallowance period has passed. This means, for example, that if the Tribunal determines a remuneration increase for judges, they will not receive their increased pay until after the disallowance period. If the increase was operative from some months previously, the affected offices’ increased remuneration is backdated to that operative date. These arrangements are necessary due to sub-section 72(iii) of the Constitution, which expressly prohibits diminution of a judge’s remuneration while the judge remains in office.

Principal Determinations

When the Tribunal makes a comprehensive determination relating to a category or categories of offices it is a ‘principal’ determination unless its terms make it an ‘amending’ determination. A principal determination has ongoing effect (unless disallowed by the Parliament or revoked by the Tribunal) according to its provisions.

Principal determinations usually cover a group of office holders or persons within the Tribunal’s jurisdiction (eg full-time office holders, Principal Executive Offices, Senators and Members of the Federal Parliament) or a specific subject area (such as recreation leave). The principal determinations relevant to each group of office holders or persons are listed in the relevant subject area pages.

Amending Determinations

An amending determination inserts changes into a principal determination.  Examples are inserting new offices into a principal determination or modifying provisions for access to particular entitlements.

To enable users to identify more easily the current provisions applying under Tribunal determinations, the Tribunal Secretariat maintains a ‘consolidated’ version of current determinations. Consolidated determinations are unofficial ‘cut and paste’ versions of the principal determinations incorporating changes made by amending determinations. These consolidated versions are not formally issued by the Tribunal and cannot be relied upon in legal matters; however they are a ready way of understanding current entitlements. Where there is any doubt as to a provision, users should consult the initial principal determination and subsequent amending determinations to resolve any issue.

Determinations sorted by Year