Full-time Offices - Frequently Asked Questions

Tribunal determinations have force of law until revoked by the Tribunal or disallowed by the Parliament

1. When does an office fall within the Tribunal’s determinative jurisdiction?

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

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

4. Can the existing level of remuneration be reviewed?

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

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

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

8. Is the Tribunal involved in the appointment processes for full-time public office Holders?

9. 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?

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

11. 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?

1. When does an office fall within the Tribunal’s determinative jurisdiction?

In order to establish whether or not an office is within the Tribunal’s jurisdiction the arrangements establishing the office must be considered. Legislation which establishes the office, board or committee will generally indicate how remuneration is to be determined. If this is not clear it is recommended that legal advice on whether the office is in the Tribunal’s determinative jurisdiction be sought.

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). The definition captures automatically all offices established by a Commonwealth law (also known as statutory offices) and appointments made under a Commonwealth law. It also captures (but is not limited to) appointments made by the Governor-General or a Minister of State which are formally referred in writing by the Minister responsible for the Remuneration Tribunal Act to the Tribunal President.

In summary:

1. Offices created by a statute (legislation) are automatically in.
2. Offices not created by statute may be referred to the Tribunal - In order to refer an office to the Tribunal’s jurisdiction, the relevant portfolio minister must ask Minister responsible for the Remuneration Tribunal Act to formally refer the office. The Minister does not have to agree and may tell the portfolio minister to use his/her executive powers under the Constitution.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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).