The Tribunal is required to determine remuneration for offices that meet the definition of "public office" in s3(4) of the Remuneration Tribunal Act 1973 (the Act). All offices established by a Commonwealth law (also known as statutory offices) and appointments made under a Commonwealth law are "public offices", unless the relevant legislation provides otherwise. If the status of the office is not clear, the arrangements establishing the office should be considered in order to establish whether the Act applies to that office. Legislation which establishes the office, board or committee will generally indicate how remuneration is to be determined. It may be necessary for administering agencies to seek legal advice on whether an office is in the Tribunal's determinative jurisdiction.

In many cases, offices that are not automatically in the Tribunal's jurisdiction (because they are not created in legislation) can be put into the Tribunal's jurisdiction. This process is commonly known as "referral-in". Referral-in occurs through the Minister responsible for the Remuneration Tribunal writing to the Tribunal President specifying that the Tribunal must determine remuneration for that office. This would usually occur as the result of a request to that Minister from the Minister with portfolio responsibility for the office. Offices where the office holder is appointed by the Governor-General or a Minister of State are offices to which this process can apply.

While there are frequently good reasons for doing so, there is no obligation for a Minister of State to request that the Minister with responsibility for the Remuneration Tribunal refer-in an office. Similarly, there is no obligation on the Minister with responsibility for the Remuneration Tribunal to agree to such a request.

2. What should be considered when deciding whether a request should be made for a referral-in?

Factors which might be considered include:

the desirability of having remuneration determined by an experienced, independent authority (and the possible relevance of the Minister being seen to be, and being, in fact, dissociated from the process of fixing remuneration for an office that he/she may have caused to be established);
whether the office will be established for a short or a long time;
the relative importance of the office;
the nature of the work to be undertaken - e.g. consultancy arrangements could be more appropriate; and
the background of the office holder - e.g. there would be no point in the referral-in of a part-time office if it had to be held by a person, such as a full-time Commonwealth employee, who was not entitled to any remuneration for holding it.

3. If a full-time office is in the Tribunal’s jurisdiction, does the Tribunal have to specify a level of remuneration ?

Yes. A submission must be made to the Tribunal.

4. Can a submission be put to the Tribunal before the legislation establishing the office has received Royal Assent?

Yes. The Tribunal may agree to make an indicative determination until the legislation is passed. Once the legislation is passed, the relevant Department should advise the Secretariat of that fact and of any amendments to the legislation. The Tribunal will issue a formal determination in due course.

5. We need remuneration for a new office determined ASAP but the responsible Minister is overseas and cannot sign the submission. What can we do?

The Tribunal may consider draft submissions and provide indicative remuneration levels, but only where the office falls automatically within the Tribunal’s determinative jurisdiction. A signed submission is required before a final determination can be made.

6. Do we have to wait for the Tribunal’s next meeting before our submission can be considered?

No. The Tribunal may consider submissions in between the holding of formal meetings if there is an urgent, real need for that to occur.

7. How soon after the determination is signed can we start paying the office holder? Do we have to wait for it to be tabled in Parliament?

No, you can start paying office holders as soon as the determination is signed. The only exception to this is for Judges' remuneration.

8. Can a Commonwealth employee or a holder of a full-time public office receive additional remuneration for participation on a Commonwealth board?

Anyone employed on a full-time basis by the Commonwealth (i.e. a member of the Australian Public Service or Public Office Holder) may not receive additional remuneration for holding a part-time public office, but can receive travelling allowance. See section 7 (11) of the Act.

Whether a State public servant can receive payment for holding a part-time public office (eg on a Federal Government board) is a matter for the relevant State government.

9. The Tribunal has determined Total Remuneration for full-time public offices from 19 December 2002. What does that comprise?

Total Remuneration for full-time public offices includes the following:

Base salary (basic rate of salary plus supplement in lieu of performance remuneration)

Employer superannuation contributions (notional value); and

Non-cash benefits (eg motor vehicle provided for personal use.

10. What employer superannuation contributions apply where a full-time office holder previously held a higher paid position in the public service and was a CSS/PSS member?

The office holder’s salary for superannuation purposes will be grandfathered at the highest rate applying in the year he/she left the public service (while he/she remains a CSS/PSS member).

11. Can the existing level of remuneration be reviewed?

Yes. To seek a review of remuneration, a submission requesting such a review and outlining reasons must be put to the Tribunal. Guidelines are available on the website. The guidelines note that it is preferable to include an indication of support from the responsible Minister.

12. What should an acting appointee be paid?

Section 33A of the Acts Interpretation Act 1901 provides that the person or body who has the power to appoint a person to act in a particular office also has the power to determine the acting appointee's remuneration and allowances unless the enabling legislation (i.e. the Act establishing the office) provides otherwise.

It is recommended that Departments/agencies seek legal advice regarding their own particular circumstances.

13. Is the Tribunal involved in the appointment processes for full-time public office holders?

No. The Tribunal’s role is defined by the Act. It determines or advises on remuneration for public offices and has no role or authority in or over the appointment process and related policies. Questions on appointment procedures for offices considered by Cabinet should be referred to the Cabinet Secretariat in the Department of the Prime Minister and Cabinet.

14. Is there an obligation to advise the Tribunal of changes such as a new appointment to an office or the resignation of an office holder?

There is no obligation to do so; however, such advice is welcomed as it assists in ensuring that correspondence to the office holder is correctly addressed.

15. If an office in the Tribunal's jurisdiction is abolished, should the Tribunal be advised?

Yes, as a courtesy the responsible Department or agency should advise the Tribunal as soon as possible. This will enable any redundant entries to be removed from the relevant determination(s).

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