The Tribunal has determined a level of financial compensation for a holder of a public office where there is early loss of office (some exclusions apply). Where a term of appointment expires (i.e. there is no early termination) no termination payment is available.
The Tribunal does not determine early loss of office provisions for part-time office holders or judicial offices. Separate severance arrangements apply to Members of Parliament.
The relevant determination for each office type will outline the provisions.
- Full-time Office Holders and Specified Statutory Offices: loss of office provisions are set out in the Compensation for Loss of Office for Holders of Public Office determination.
- Full-time non-Judicial offices included in the Judicial Determination: loss of office provisions are included in the Judicial and Related offices determination.
- Principal Executive Offices (PEOs): loss of office entitlements are set out in the PEO determination.
- Secretaries: loss of office entitlements are set out in the Departmental Secretaries determination.
Questions about the taxation of loss of office compensation should be directed to the Australian Tax Office.
Where there are significant changes to the role or responsibilities of an office that warrant reconsideration of remuneration, a submission should be made to the Tribunal as soon as possible. Comprehensive submission guidelines are available on the Tribunal’s website.
You may also contact the Tribunal’s Secretariat for advice on your particular submission. Where time permits, the Secretariat can also provide feedback on draft submissions.
The Official Travel determination provides for the payment of an allowance to the office holder to cover reasonable expenses associated with official travel, i.e. accommodation, meals and incidentals, and it is a matter for the office holder as to how that allowance is to be used. An office holder’s TA must be paid in full.
However, in the event that the cost of accommodation is met by an entity other than the office holder, only the meals and incidentals component of TA is payable. An example of this might include where an office holder attended a conference and the cost of accommodation was met by the Commonwealth as part of the conference package.
In applying the provisions of the Official Travel determination, office holders and agencies should have regard to the set of general principles included in that determination.