Frequently Asked Questions
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List of Frequently Asked Questions
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No - The FBT on accommodation allowance is an expense to the agency, not the office holder, so it is not to be deducted from total remuneration.
No. The Tribunal determines or advises on remuneration for a public office. 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.
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.
Factors that might be considered include:
- the desirability of having remuneration determined by an experienced, independent authority;
- whether the office will be established for a short or a long time; and
- the significance of the role and responsibilities of the office.
With the exception of the determinations relating to Departmental Secretaries, Tribunal determinations are legislative instruments, which means that, under sub-section 38(1) of the Legislation Act 2003, they are required to be tabled in both houses of Parliament by the Office of Parliamentary Counsel within 6 sitting days after the determination has been registered on the Federal Register of Legislation.
Where an office holder cannot obtain accommodation of a reasonable standard at the locality without incurring additional costs, an additional payment may be made to him/her based on the excess cost of the accommodation over the travel allowance rate, subject to the conditions outlined in the Official Travel determination.
Comprehensive Submission Guidelines are available on the Tribunal’s website.
The guidelines identify the information and data that the Tribunal expects to be included in a submission. Please note that the Tribunal also expects the submission to include an indication of support from the responsible Minister. If it doesn’t, the Tribunal will likely write to the relevant Minister seeking his or her views on the remuneration for the office.
You may also contact the Tribunal’s Secretariat for advice on your particular submission.
Yes, noting different arrangements apply in respect of Principal Executive Offices (PEOs) – see the PEO page on the Tribunal’s website for more information.
In order to have the Tribunal make a determination for an office, a submission must be made to the Tribunal.
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.
Parking provided at the main office location of a Secretary or full-time office holder, where there is a cost to the Commonwealth, is regarded as a benefit to that office holder and the value, including any fringe benefits tax, is therefore part of the office holder’s total remuneration. This applies even where the office holder doesn't have a Commonwealth provided vehicle.
A Class B parking permit to allow short stay parking in Commonwealth designated spaces would normally be regarded as a business support expense to the Department or agency and therefore not a benefit to the office holder.
Yes. The Tribunal may agree to provide indicative advice on remuneration pending passage of the legislation. Once the legislation has passed, the relevant Department should advise the Tribunal’s Secretariat of that fact and of any amendments to the legislation during its passage. The Tribunal will then issue a formal determination.
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.
Yes, the responsible Department or agency should advise the Tribunal at firstname.lastname@example.org as soon as possible so that redundant entries may be removed from the relevant determination(s).
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 - TA is an allowance to meet expenses incurred by the office holder when required to travel to perform his/her official duties.
Generally, the Tribunal has no authority in relation to the remuneration of acting appointees.
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.
Departments/agencies may need to seek their own legal advice regarding their particular circumstances.
There is no obligation to advise the Tribunal. However, we appreciate such advice as it ensures that correspondence to office holders is correctly addressed and, in the case of a resignation, that any person-specific clauses are removed from the relevant determination.
Where a new Principal Executive Office (PEO) appointment is made, the Tribunal must be advised on the remuneration determined by the employing body for that office holder within 4 weeks of that determination being made.
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.
Performance pay arrangements are set out in the PEO determination and the Tribunal’s guide to the PEO structure.
Sub-clause 2.12.1 of the PEO determination sets out the maximum performance pay that may be available. However it should be noted that there are some instances where the Tribunal has consented to variations in relation to particular offices. These variations include:
* instances where access to performance pay has been removed, usually in association with an increase in available fixed remuneration; and
* instances where the Tribunal has consented to a higher potential performance pay percentage, in special circumstances.
It is an employing body's responsibility to maintain records of correspondence that includes the Tribunal's consent to such variations and ensure its decisions are consistent with the PEO Determination and any variations to which the Tribunal has consented.
The Tribunal regularly reminds employing bodies of these arrangements.
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.