Tribunal determinations, except those specifically applying to Departmental Secretaries and Members of Parliament, are disallowable instruments under the Legislation Act 2003.
This means that either House of Parliament may, within 15 sitting days after a disallowable determination has been tabled, 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 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 remuneration reverts to its previous level.
When the Tribunal makes a comprehensive determination relating to a category of offices (e.g. part-time offices) it is called a 'principal' determination and entirely replaces any earlier principal determination.
A principal determination usually covers a group of offices within the Tribunal's jurisdiction or a specific subject area (such as recreation leave). The Remuneration Tribunal Act 1973 and, for Members of Parliament, the Parliamentary Business Resources Act 2017, require the Tribunal to make determinations in relation to some remuneration matters (as opposed to some subject areas such as recreation leave) at intervals of no more than a year. This means that many of the Tribunal's principal determinations are in place for no more than 12 months.
All Tribunal determinations are registered on the Federal Register of Legislation (FRL) other than those relating to Secretaries, which are gazetted.
An amending determination inserts changes into a principal determination. Examples are inserting new offices into a principal determination, modifying provisions for access to particular conditions or a change in a remuneration amount for an office. An amending determination can include a number of changes to provisions in different principal determinations.
Where an amending determination has been issued, a consolidated determination needs to be made. A consolidated determination, also known as a compilation, is essentially a principal determination updated to include the provisions of any amending determinations. The consolidation records the reference number of the amending determination and includes the date of effect of the amended provision. As most amending determinations must be registered on FRL before a consolidated determination can be made (and then also registered with FRL), there is a usually a delay of between 1 and 2 weeks between the time the Tribunal signs an amending determination and the registration of the consolidated determination.
Determinations on the Tribunal’s website
The determinations that contain the current remuneration and conditions for each group of office holders are listed on the relevant office page. This could include either a consolidated determination (if there have been amending determinations) or a principal determination (where there have been no changes made). As it usually takes a week or two for a consolidated determination to be made, at times an amending determination may also display on the office page. Once the amendment has been incorporated into a consolidated determination, the amending determination will be moved to the Document Library on the Tribunal’s website.
All Tribunal determinations are disallowable instruments except those relating to Departmental Secretaries and Members of Parliament.
Either House of Parliament may, within 15 sitting days after a determination has been tabled, 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. 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. Any remuneration increase would be backdated to the date of effect specified in the determination. 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.
Unlike other public offices, remuneration increases for holders of Judicial Offices cannot be put into effect until after the disallowance period of the relevant determination has passed.
The Tribunal flags those determinations that are still within the 15 sitting day disallowance period to alert paying agencies not to pass on any increases to Judicial Offices until the disallowance period has passed.
No. A person employed on a full-time basis by the Commonwealth (e.g. an Australian Public Service employee or a public office holder) may not receive remuneration for holding a part-time public office but can receive travelling allowance for official travel associated with fulfilling the requirements of that office.
The legislative basis for this is sub-section 7(11) of the Remuneration Tribunal Act 1973 (the Act). The restriction also applies to a person holding any office or appointment or who is otherwise employed, on a full-time basis, in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, an incorporated company referred to in paragraph 3(4)(da) of the Act or an incorporated company all the stock or share in the capital or which is or are beneficially owned by the Commonwealth or by a public statutory corporation.
Whether a State public servant can receive payment for holding a part-time public office (e.g. on a Federal Government body) is a matter for the relevant State government.
The website’s search facility enables users to find answers to questions about the Tribunal's functions and offices. Where there is a FAQ containing the search term the website provides suggestions as text is entered. Paying agencies and other frequent visitors to the site are encouraged to sign up to receive an email alert when changes are made to the website.
Each category of office has a dedicated launch page that provides a background on the office and relevant FAQs. Current determinations, together with current applicable guidelines, statements and reports, display on the launch page. The current determinations could include either consolidated determinations or principal determinations (see the FAQ “What are principal determinations, compilations and amending determinations” for more information).
Most determinations (including associated explanatory statements and if applicable, reasons for determinations) and other statements and reports from 2004 can be found in the Document Library by conducting a filtered search (by office, year and/or document type). Should access be required to historical documentation (generally from 2003 or earlier years) a request can be made to the Remuneration Tribunal Secretariat at enquiry [at] remtribunal.gov.au.
The Tribunal is also keen to receive feedback about the website. You are welcome to email your suggestions and comments to enquiry [at] remtribunal.gov.au.
Rates for meals and incidentals are equivalent to the overseas meals and incidentals rates in the Australian Taxation Office (ATO) determination dealing with reasonable travel and overtime meal allowance expense amounts. The relevant ATO determination is specified in the Tribunal’s Official Travel determination.
The rate of overseas TA payable to an office holder depends on the Travel Tier determined for the office. Accommodation should be provided at a standard reasonably equivalent to that provided for the office holder in Australia.
Class of travel is also dependent on the Travel Tier determined by the Tribunal, i.e.
Tier 1 = First Class or Business Class
Tier 2 = Business Class
Tier 3 = Economy Class
An office holder who is entitled to travel Economy Class may upgrade to Business Class where the duration of the flight exceeds five hours.
It would be appropriate to reduce the reasonable daily overseas meal allowance amounts determined by the Australian Taxation Office by 50 per cent where dinner has been provided or paid for by an entity other than the office holder, or 25 per cent in the case of either breakfast or lunch. Alternatively, it would also be permissible for office holders to comply with any relevant administrative guidelines put in place for employees in their agency where these are not inconsistent with the Official Travel determination.
Total remuneration (TR) is defined in the relevant determination applying to the particular office holder (i.e. Full-time Offices, Principal Executive Offices, Specified Statutory Offices, Departmental Secretaries and Judicial and Related Offices).
An office holder's cash salary is the component of TR that remains when all other payments and benefits, including the Employer Superannuation Contribution, are honoured. Cash salary should not be confused with the superannuation salary determined by the Tribunal for members of defined benefit schemes.
Cash salary equals TR, less the Employer Superannuation Contribution, less all payments and benefits included in the office holder's remuneration package (other than those specifically excluded in accordance with the relevant determination).
The process is outlined in the diagram below (note that slightly different superannuation arrangements apply to PEOs - see "How is cash salary calculated for a PEO"):
The Employer's Superannuation Contribution*
Other payments and benefits e.g. allowances, motor vehicle, parking, fringe benefits tax and any salary sacrifice payments e.g. additional superannuation contributions.
* The Employer's Superannuation Contribution is defined in the Tribunal's determination.
Essentially it is:
The Tribunal may determine recreation leave for full-time holders of public office (but not part-time) where the enabling legislation (i.e. the Act establishing the office) states that the Tribunal will determine the matter.
It cannot determine other types of leave, such as personal and miscellaneous leave, for public office holders other than Secretaries of Departments.
The Tribunal has more general powers for Principal Executive Offices (PEOs) and for Judicial and Related offices - it can determine other types of leave as outlined in Part 5 of the PEO determination and in Part 2 of the Judicial and Related Offices determination.