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.
The Tribunal is required to determine remuneration for offices that meet the definition of "public office" in sub-section 3(4) of the Remuneration Tribunal Act 1973 (the Act) along with a range of other offices and appointments such as Departmental Secretaries, Principal Executive Offices and Members of Parliament. 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.
All Tribunal determinations are disallowable instruments except those relating to Departmental Secretaries and Members of Parliament.
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.
Electorate Allowance is an expenses of office allowance payable to MPs, including Ministers and Parliamentary office holders, to cover the costs necessarily incurred in providing services to their constituents. Any part of the allowance that is used for allowable electorate expenses, as decided by the Commissioner of Taxation, is not subject to income tax.
The Members of Parliament determination, available on the Parliamentary Offices page of the Tribunal's website, sets out the current rates of Electorate Allowance.