Document

 

Salaries Federal Office Holders

REMUNERATION TRIBUNAL

Determination 2009/18:

Remuneration and Allowances for Holders of Full-Time Public Office

Effective 1 October 2009

This Determination governs remuneration and allowances for the full-time Public Offices

specified in Table 2A.

This Determination specifies the total value an Office Holder is to receive by way of salary and

other benefits in respect of carrying out the functions and exercising the powers of his or her

office. The salary and benefits provided for in this Determination must not be supplemented.

The Determination comprises:

Part 1 – General;

Part 2 – Remuneration and related matters;

Part 3 – Allowances;

Part 4 – Official travel;

Part 5 – Recreation leave; and

Part 6 – Compensation for early loss of office.

PART 1 – GENERAL

1.1 Authority: This Determination is issued pursuant to sub-sections 7(3) and 7(4) of the

Remuneration Tribunal Act 1973.

1.2 Effective Date: This Determination takes effect on and from 1 October 2009.

1.3 Effect on Earlier Determinations: This Determination supersedes and revokes in full

Determination 2008/08 (as amended) – Remuneration and Allowances for Holders of

Full-Time Public Office.

1.4 Definitions: For the purposes of this Determination, the following definitions apply.

‘Agency’ means the agency to which the Office Holder is attached, or the portfolio department, if the office holder is not attached to an agency.

‘Base Salary’ means the applicable amounts specified in Column 2 of Table 2A of this Determination.

‘Benefits’ means all non-monetary benefits provided at the employer’s expense to or on behalf of an Office Holder as a personal benefit, including a vehicle (where provided – refer clause 2.8), the value attributed by the Remuneration Tribunal to the Superannuation Support (refer clause 2.7) and any other benefits received by way of remuneration packaging (refer clause 2.5).

Remuneration Tribunal Determination 2009/18 1

‘Employer’ means the Commonwealth and includes any person authorised to

exercise powers, perform acts, grant approvals or give directions for, or on behalf of, the Commonwealth.

‘Office Holder’ means the holder of an office listed in Column 1 of Table 2A of this

Determination.

‘Superannuation Support’ means the amount ascertained in accordance with clause

2.7, representing the employer superannuation liability.

‘Total Remuneration’ is the amount shown in Column 3 of Table 2A plus any

additional amount shown in Column 4. It represents the value, calculated at the total

cost to the employer (including Fringe Benefits Tax), of:

salary (including Base Salary), allowances or lump sum payments; and

Benefits;

but does not include:

facilities provided as business support as referred to in Part 2;

allowances specified in Part 3;

reimbursement of expenses incurred on geographic relocation following

appointment as an Office Holder, in accordance with agency policies and

practices where approved by the employer;

travelling allowances and expenditure referred to in Part 4;

any payment in lieu of recreation leave in accordance with Part 5; and

any compensation for early loss of office in accordance with Part 6.

1.5 Guidance notes: The Tribunal may issue guidance notes from time to time to assist agencies to administer this Determination.

Remuneration Tribunal Determination 2009/18 2

PART 2 –REMUNERATION AND RELATED MATTERS

2.1 Total Remuneration: Office Holders are eligible for the annual amounts of Base

Salary and Total Remuneration (including any additional amount shown in Column 4),

as set out in Table 2A below with effect from 1 October 2009, unless otherwise

specified.

TABLE 2A – FULL-TIME OFFICE HOLDERS – TOTAL REMUNERATION AND OTHER BENEFITS

Column 1               Column 2)              Column 3               Column 4               Column 5               Column 6

Office                     Base Salary            Total                       Additional

                                (per annum)          Remuneration       Amount                  Refer                       Travel Tier

                                                                for office                                of Total                  Clause

(per annum)          Remuneration

                                                                                                (per annum)

 

Chair, Australian PrudentialRegulation Authority (APRA) $433,670 $621,230 Nil 2.6.1 Tier 1

 

Solicitor-General $408,280 $545,280 Nil Tier 1

 

Chairperson, AustralianSecurities and Investments Commission (ASIC) $375,230 $545,730 Nil Tier 1

 

Chairperson, Australian Competition and Consumer Commission (ACCC)

$375,230 $545,730 Nil Tier 1

 

Deputy Chair, APRA $362,870 $519,800 Nil Tier 1

 

Member, APRA $345,160 $494,470 Nil Tier 1

 

Deputy Chairperson, ASIC $328,240 $458,410 Nil Tier 1

 

Director of Public Prosecutions $328,050 $431,070 Nil Tier 1

 

Chief Executive Officer,

Australian Curriculum,

Assessment and Reporting

Authority (ACARA)

$315,800 $432,600 Nil Tier 2

 

Chair, Australian

Communications and Media

Authority (ACMA)

$278,210 $397,430 $23,400 2.2.1 Tier 1

 

Member, ASIC $271,490 $395,660 Nil 2.2.9 Tier 1

 

Commissioner, Australian

Federal Police $268,270 $385,270 Nil Tier 1

 

Deputy President – Fair Work

Australia $292,520 $373,590 Nil 2.11 Tier 1

 

Director-General of Security,

Australian Security Intelligence

Organisation

$268,270 $372,220 Nil Tier 1

 

Director-General, Office of

National Assessments $268,270 $372,220 Nil Tier 1

 

Deputy Chairperson, ACCC $263,180 $354,730 Nil Tier 1

 

Vice Chief of the Defence Force $249,790 $355,210 Nil Tier 1

 

Chief Executive Officer,

Australian Crime Commission $257,610 $372,170 Nil Tier 1

 

Inspector-General of

Intelligence and Security $254,480 $355,230 Nil Tier 1

 

Commonwealth Ombudsman $254,480 $355,230 Nil Tier 1

 

Member, ACCC $250,090 $327,440 Nil Tier 1

 

Examiner, Australian Crime

Commission $249,790 $355,210 Nil 2.2.8 Tier 1

 

Law Enforcement Integrity

Commissioner $249,790 $355,210 Nil Tier 1

 

Chief of Navy $249,790 $355,210 Nil Tier 1

 

Chief of Army $249,790 $355,210 Nil Tier 1

 

Chief of Air Force $249,790 $355,210 Nil Tier 1

 

Chair, Australian Energy

Regulator $249,790 $333,210 Nil Tier 1

 

Chairperson, Productivity

Commission $249,790 $333,090 Nil Tier 1

 

Chief Commissioner, Australian

Transport Safety Bureau

Commission

$249,790 $339,900 Nil Tier 1

 

Chief Scientist $248,130 $339,900 Nil Tier 1

 

Chief Executive, Murray-Darling

Basin Authority $243,130 $333,030 Nil Tier 2

 

Coordinator-General for

Remote Indigenous Services $240,610 $329,600 Nil Tier 1

 

Fair Work Ombudsman $238,360 $326,510 Nil Tier 1

 

Chair, Tax Practitioners Board $233,090 $319,300 Nil Tier 1

 

Director of Military Prosecutions $238,460 $297,400 Nil Tier 2

 

Inspector-General of the

Australian Defence Force $238,460 $297,400 Nil Tier 2

 

Inspector-General of Taxation $237,420 $339,540 Nil Tier 1

 

Deputy Chair, ACMA $231,220 $305,150 Nil Tier 1

 

CEO, National Offshore

Petroleum Safety Authority $227,570 $324,590 Nil Tier 1

 

Privacy Commissioner $225,710 $326,480 Nil Tier 1

 

General Manager, Fair Work

Australia $229,330 $314,150 Nil 2.2.13 Tier 1

 

Australian Electoral

Commissioner $225,710 $305,850 Nil 2.2.7 Tier 1

 

Associate Director of Public

Prosecutions $225,710 $300,440 Nil Tier 1

 

Commissioner, Fair Work

Australia $224,540 $295,310 Nil 2.11 Tier 1

 

Chairperson, Commonwealth

Grants Commission $225,710 $293,920 Nil Tier 1

 

CEO, Australian Pesticides and

Veterinary Medicines Authority $218,320 $299,080 Nil Tier 2

 

Chief Executive Officer,

Australian Organ and Tissue

Donation and Transplantation

Authority

$218,360 $298,700 Nil 2.2.10 Tier 2

 

Member, Australian Energy

Regulator $214,500 $280,860 Nil Tier 1

 

Member, ACMA $214,500 $280,860 Nil Tier 1

 

Chief Executive Officer,

Australian Fisheries

Management Authority

Commission

$211,750 $290,060 $21,180 2.2.6 Tier 1

 

Chairman, Pharmaceutical

Benefits Advisory Committee $204,800 $280,540 Nil Tier 1

 

Registrar, Administrative

Appeals Tribunal $203,910 $279,320 Nil Tier 1

 

Infrastructure Coordinator $202,350 $277,180 Nil Tier 1

 

CEO, Australian Radiation

Protection and Nuclear Safety

Agency

$200,960 $300,320 Nil Tier 1

 

Director, Professional Services

Review $200,960 $286,010 Nil Tier 1

 

CEO, National Transport

Commission $200,960 $285,290 Nil Tier 1

 

Administrator of the Northern

Territory $200,960 $253,470 Nil Tier 1

 

Executive Director, Australian

Solar Institute $199,260 $272,950 Nil 2.2.12 Tier 2

 

Principal Member, Refugee

Review Tribunal (RRT) $194,720 $274,260 $36,410 2.2.3 Tier 2

 

Principal Member, Migration

Review Tribunal (MRT) $194,720 $274,260 $36,410 2.2.3 Tier 2

 

Aged Care Commissioner $189,410 $259,460 Nil Tier 2

Gene Technology Regulator $188,730 $248,210 Nil 2.2.11 Tier 2

 

Deputy Commonwealth

Ombudsman $188,730 $241,700 Nil Tier 2

 

Executive Director, Social

Security Appeals Tribunal

(SSAT)

$187,680 $257,080 Nil Tier 2

 

Official Secretary to the

Governor-General $195,700 $264,710 Nil Tier 2

 

Sex Discrimination

Commissioner $180,400 $257,290 Nil Tier 2

 

Race Discrimination

Commissioner $180,400 $257,290 Nil Tier 2

Human Rights Commissioner $180,400 $257,290 Nil Tier 2

 

Disability Discrimination

Commissioner $180,400 $257,290 Nil Tier 2

 

Aboriginal and Torres Strait

Islander Social Justice

Commissioner

$180,400 $257,290 Nil Tier 2

 

Chief Executive, National

Capital Authority $187,400 $256,710 Nil Tier 2

 

Member, Tax Practitioners

Board $176,700 $242,050 Nil Tier 2

 

Director General, Australian

Safeguards and Non-

Proliferation Office

$180,400 $240,940 Nil Tier 2

 

Chairperson, Indigenous Land

Corporation $180,400 $240,370 Nil Tier 2

 

 

Registrar of Aboriginal and

Torres Strait Islander

Corporations

$180,460 $247,200 Nil Tier 2

 

President, Human Rights and

Equal Opportunity Commission $237,420 $339,540 Nil 2.2.2 Tier 1

 

Administrator, Christmas and

Cocos (Keeling) Islands $163,590 $228,560 Nil Tier 2

 

Principal Member, Veterans’

Review Board (VRB) $182,630 $250,190 Nil Tier 1

 

Director, SSAT $161,330 $221,010 Nil Tier 2

 

Executive Director of Township

Leasing $161,150 $220,780 Nil Tier 2

 

Deputy Principal Member, RRT $159,690 $224,640 $13,440 2.2.5 Tier 2

 

Private Health Insurance

Ombudsman $159,690 $220,740 Nil Tier 2

 

Chairperson, Superannuation

Complaints Tribunal (SCT) $168,620 $230,980 Nil Tier 2

 

Director, Classification Board $156,390 $214,230 Nil 2.9 Tier 2

 

Chairperson, Torres Strait

Regional Authority $146,680 $223,330 Nil Tier 2

 

Administrator, Torres Strait

Regional Authority $146,680 $223,330 Nil Tier 2

 

Deputy Chairperson, SCT $138,250 $189,370 Nil Tier 2

 

Deputy Director, Classification

Board $134,450 $184,170 Nil 2.9 Tier 2

 

Senior Member, RRT $131,040 $189,370 Nil Tier 2

 

Senior Member, MRT $131,040 $189,370 Nil Tier 2

 

Senior Member, VRB $125,990 $181,880 Nil Tier 2

 

Assistant Director, SSAT $120,310 $164,800 Nil Tier 2

 

Administrator, Norfolk Island $117,750 $178,380 Nil Tier 2

 

Chairman (full-time), Central Land Council $117,750 $169,030 Nil Tier 3

 

Member, RRT $117,750 $168,660 Nil 2.2.4 Tier 2

 

Member, MRT $117,750 $168,660 Nil Tier 2

 

Chairman (full-time), Northern Land Council $117,750 $159,370 Nil Tier 2

 

Senior Classifier, Classification Board $117,750 $135,930 Nil Tier 2

 

Member, SSAT $110,490 $151,350 Nil Tier 3

 

Classifier, Classification Board $92,880 $107,200 Nil 2.4 Tier 3

 

2.2 Additional Provisions: Where an additional annual amount is specified in Column 4 of Table 2A in relation to an Office Holder, payment will be subject to the provisions of the sub-clause shown in Column 5. The amount will be added to the figure in Column 3 to provide Total Remuneration for that Office Holder.

 

2.2.1 ACMA, Chair: Mr Christopher Chapman will receive a personal loading as shown in Column 4 of Table 2A while he occupies the office shown in Column 1.

 

2.2.2 HREOC President: the Hon Catherine Branson will receive $193,160 base salary and $264,590 Total Remuneration while she occupies the office shown in Column 1.

 

2.2.3 Migration Review Tribunal and Refugee Review Tribunal, Principal Member: A dual appointee as Principal Member of the Migration Review Tribunal and Refugee Review Tribunal is entitled to Tier 1 travel and will receive an additional loading as shown in Column 4 of Table 2A. This loading is included in superannuation salary.

 

2.2.4 Refugee Review Tribunal: Where a person held an appointment as a Full-time Member of the Refugee Review Tribunal on 17 April 2004, that person will be eligible for a personal loading of $5,090 per annum while continuing to hold an appointment (including re-appointment) as a Member. The loading does not count towards superannuation salary.

 

2.2.5 Refugee Review Tribunal and Migration Review Tribunal: Ms Mary Urquhart will receive a personal loading as shown in Column 4 of Table 2A while she occupies the office shown in Column 1 and also acts as a Senior Member of the Migration Review Tribunal.

 

2.2.6 Australian Fisheries Management Authority Commission: Mr Glenn Hurry will receive a personal loading as shown in Column 4 of Table 2A while he occupies the office shown in Column 1. The loading does not count towards superannuation salary.

 

2.2.7 Australian Electoral Commissioner: Mr Ed Killesteyn will receive $238,930 base salary and $339,660 Total Remuneration while he occupies the office shown in Column 1.

 

2.2.8 Australian Crime Commission: The Hon John Hannaford will receive $214,010 base salary and $304,330 Total Remuneration when he occupies the office shown in Column 1.

 

2.2.9 ASIC: Dr Peter Boxall AO will receive $376,650 base salary and $470,800 Total Remuneration while he occupies the office shown in Column 1.

 

2.2.10 CEO, Donation and Transplantation Authority: Ms Karen Murphy will receive a personal loading of $61,800 to be added to the determined Total Remuneration figure while she occupies the office shown in Column 1.

 

2.2.11 Gene Technology Regulator: Dr Joe Smith will receive $207,450 base salary and $272,950 Total Remuneration while he occupies the office shown in Column 1.

 

2.2.12 Australian Solar Institute, Executive Director: will receive $217,330 base salary and $298,700 Total Remuneration until 31 August 2010.

 

2.2.13 General Manager, Fair Work Australia: will receive an additional amount of total remuneration of $10,300 until 30 June 2010.

 

2.3 Part-time work: Where approval is given by the employer for an Office Holder to perform the duties of an Office on a part-time basis, the Base Salary and Total Remuneration contained in Table 2A will be payable on a pro-rata basis in accordance with the proportion of full-time hours worked. Where proposed hours are less than 60 per cent of the full-time rate, prior agreement of the Remuneration Tribunal is required to the remuneration level.

 

2.4 Temporary Classifier: Where a person is appointed to the Classification Board as a Temporary Classifier, a daily fee of $440 is payable from 1 July 2008, in lieu of other provisions in this Part. The provisions of Part 3 (Allowances), Part 5 (Recreation leave) and Part 6 (Compensation for early loss of office) do not apply.

 

2.5 Remuneration packaging: Subject to this Part, an Office Holder may elect to receive the value of remuneration as salary or as a combination of salary and Benefits. The Office Holder must take at least 50 per cent of Superannuation Salary as salary, except where agency policies and procedures on salary packaging allow otherwise. Any election must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office. Any election must not result in a cost to the employer (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if Benefits able to be taken as salary were taken as salary.

 

2.6 Superannuation Salary: Regardless of anything else in this Determination, salary for superannuation purposes will be the Base Salary plus any additional amount shown in Column 4 of Table 2A where the relevant sub-clause specifies that the loading is included as superannuation salary. This will be:

the Office Holder’s annual rate of salary for the purposes of the  superannuation (CSS) Regulations, (and therefore the superannuation salary for the purposes of the Superannuation Act 1976 and the Superannuation Act 1990); or

in the case of the holders of the offices of Vice-Chief of the Defence Force, Chief of Navy, Chief of Air Force, Chief of Army and Director of Military Prosecutions, that officer holder’s annual rate of salary for the purposes of the Defence Force Retirement and Death Benefits Act 1973, the Defence Force Retirement and Death Benefits (Annual Rate of Pay) Regulations, the Military Superannuation and Benefits Scheme Act 1991 and the Rules of the Military Superannuation and Benefits Scheme.

 

2.6.1 APRA: Notwithstanding the above provisions, the salary for superannuation purposes of Dr John Laker will be $497,910, from 1 July 2008, while he occupies the office of Chair, Australian Prudential Regulation Authority.

 

2.7 Employer Superannuation Support: Total Remuneration will be taken to include the Superannuation Support provided by the employer in respect of an Office Holder, which has the value ascertained under sub-clause 2.7.1 or the amount of contributions under sub-clause 2.7.2. Contributions made on a salary sacrifice basis do not form part of Superannuation Support; these are covered by clause 2.5 (Remuneration packaging).

 

2.7.1 Defined Benefits Schemes: In the case of an Office Holder who may be eligible for defined benefits under a Commonwealth superannuation scheme, the value of Superannuation Support will be taken to be 15.4 per cent of Base Salary.

 

2.7.2 Other Schemes: In the case of an Office Holder not covered by sub-clause 2.7.1, the value of Superannuation Support will be the contributions actually paid, or liable to be paid, by the employer in respect of the Office Holder to a superannuation scheme.

 

2.7.3 No cash in lieu: The value attributable by virtue of this clause to Superannuation Support is referable to a non-salary component of Total Remuneration and may not be the subject of an election to take an equivalent amount of salary instead.

 

2.8 Vehicles: Where an Office Holder accepts an offer of an agency owned or leased vehicle for private use, the office holder’s Total Remuneration will be reduced by the actual cost of the vehicle to the agency plus parking and fringe benefits taxation, less a

 

Any business usage amount is to be assessed on log book records for at least a 12 week representative period. Where the annual business kilometres are less than 5,000 it will be based on the ‘cents per kilometre’ method. Where business kilometres are 5,000 kilometres or more, the percentage of business use to total kilometres travelled per annum will be applied to the total cost of the vehicle.

 

2.9 Classification Board: On any occasion when the Deputy Director acts as Director, he or she will be entitled to the remuneration and other conditions determined for the Director.

 

2.10 Business Support: Where an Office Holder is provided with communications, information technology and other office facilities necessary for the efficient conduct of his or her office, incidental private use of those facilities by the office holder does not necessitate the value of the facilities being included in Total Remuneration.

 

2.11 Fair Work Australia: Where an appointee as Deputy President or Commissioner of Fair Work Australia is a Judge, the comparative salary for the purposes of s.637(6) of the Fair Work Act 2009 is the amount in Column 2.

 

PART 3 – ALLOWANCES

 

3.1 Accommodation Allowance: The Office Holders listed in Column 1 of Table 3A will be eligible to receive an accommodation allowance (subject to expenditure) as shown in Column 3 of Table 3A whilst they occupy the office shown in Column 2. This amount is to assist the Office Holder in meeting settling-in and commercial rental accommodation costs (including one-off utility connection costs) in the office location:

 

(a) while they also continue to have a property other than in the office location, as their principal place of residence; and

 

(b) it will not be paid for such periods that they live in premises owned by them at the office location.

 

An Office Holder will not be eligible to access travel allowance entitlements in the home locality or the office locality whilst they remain eligible to receive the accommodation allowance. However, where in terms of the ongoing arrangement it would clearly be more cost effective for the agency to provide travel allowance entitlements in the office locality, the agency should decide at the earliest practical opportunity to pay travel allowance rather than the accommodation allowance.

 

Where the commercial accommodation does not include cooking facilities, the cost of meals may form part of the payment, within the accommodation cap set for an Office Holder.

 

TABLE 3A – ACCOMMODATION ALLOWANCES

Column 1                   Column2        Column 3                   Column 4

Office Holder            Office             Allowance (pa)        Refer Clause

 

Mr T Calma ATSI Social Justice Commissioner $32,780

Mr D O’Brien Principal Member, MRT/RRT $32,780

Mr G Samuel Chairman, ACCC $28,500

Ms S Court Member, ACCC $28,500

Mr R Freeman Chief Executive, Murray-Darling Basin Authority $28,500

Mr P Watson Executive Director of Township Leasing       $20,800

 

3.1.1 Classification Board: Subject to individual qualification for this allowance, to be decided by the employer in accordance with agency guidelines, Members who have, or had, to relocate to Sydney to take up their appointment will be paid an accommodation allowance of $13,500 per annum. The allowance does not represent salary for superannuation.

 

3.1.2 Defence Chiefs: The employer may approve housing assistance in accordance with agency policy and practices for the Vice-Chief of the Defence Force, the Chief of Navy, the Chief of Air Force, the Chief of Army and the Director of Military Prosecutions.

 

3.1.3 Official residence: Where residing in an official residence is a requirement of an office, total remuneration does not include the value of accommodation in the official residence, or the running costs of the premises.

 

3.1.4 Non-commercial accommodation: Where an office holder listed in Column 1 of Table 3A elects to be accommodated in private, non-commercial accommodation, such as the home of a family member or friend, a rate of one third of the accommodation allowance in Column 3 of Table 3A is payable in lieu of the amount specified in Column 3.

 

3.2 Reunion Travel: The Office Holders shown in Column 1 of Table 3B may receive travel costs of up to the amount shown in Column 3 from their employer for travel back to their principal place of residence for the purposes of family reunion while they continue to occupy the office shown in Column 2. Where the agency decides, as provided in Clause 3.1 of this Determination, to pay an office holder travel allowance instead of accommodation allowance, any reunion travel allowance in Table 3B for that office holder will cease to apply at the same time.

 

TABLE 3B – REUNION TRAVEL

Column 1                   Column 2                   Column 3

Office Holder            Office                         Allowance  (pa)

 

Mr T Calma Aboriginal and Torres Strait Islander Social Justice

Commissioner $9,950

 

Mr D O’Brien Principal Member, Migration Review Tribunal and

Refugee Review Tribunal $9,950

 

Mr G Samuel Chairman, ACCC $30,000

Ms S Court Member, ACCC $21,950

Mr R Freeman Chief Executive, Murray-Darling Basin Authority $20,930

 

PART 4 – OFFICIAL TRAVEL

 

General Travel Provisions

4.1 The provisions of Determination 2004/03 (as amended) – Official Travel by Office Holders – apply to offices covered by this Determination, subject to any exclusions or limitations in this Determination. In establishing entitlements, the Travel Tier identified in this Determination for an office will apply under Determination 2004/03.

 

4.1.1 Administrator Christmas and Cocos (Keeling) Islands. For the period of his

appointment Mr Neil Lucas and any immediate family members resident with him on Christmas Island shall be entitled to two return economy class fares per annum between his home and work base.

 

4.1.2 ACCC: the ACCC may put in place arrangements for Members’ travel to Canberra that are more cost effective than the travel entitlements they are otherwise entitled to under this Determination.

 

http://www.remtribunal.gov.au/determinationsReports/byYear/2009/2009-18%20Determination.pdf