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Remuneration Tribunal Determination 2012/20 - Remuneration and Allowances for Holders of Public Office, Principal Executive Office - Classification Structure and Terms and Conditions and Judicial and Related Offices

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Determination 2012/20
Remuneration and Allowances for Holders of Public Office, Principal Executive Office – Classification Structure and Terms and Conditions and Judicial and Related Offices
 
(i)              Pursuant to subsections 7(3), 7(4) and 5(2A) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal has inquired into the remuneration and allowances to be paid to certain holders of public office, and other matters significantly related thereto, and determines as set out below.
 
(ii)        This Determination takes effect on and from the day following the day it is registered in the Federal Register of Legislative Instruments unless otherwise specified.
 
PART 1 – FULL-TIME OFFICES
 
1.1       In this part, Determination Number 12 of 2012 (as amended) is referred to as the Principal Determination.
 
1.2         Table 2A of Part 2 of the Principal Determination is amended by inserting the following entry after the entry for “Human Rights Commissioner”:  
 
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National Children’s Commissioner
$199,250
$284,160
Nil
 
2

 
1.3         Table 2A of Part 2 of the Principal Determination is amended by inserting “2.2.2” in Column 5 of the entry for “Administrator, Christmas and Cocos (Keeling) Islands.”
 
1.4       Part 2 of the Principal Determination is amended by inserting Clause 2.2.2 as follows: “Administrator, Christmas and Cocos (Keeling) Islands: Mr Jon Stanhope will receive $158,438 base salary and $226,340 Total Remuneration while he occupies the office shown in Column 1.”
 
1.5       Clauses 1.3 and 1.4 take effect on and from 5 October 2012.
 
1.6         Part 4 of the Principal Determination is amended by deleting the current wording in Clause 4.1.2 and replacing it with the following: “Administrator, Christmas and Cocos (Keeling) Islands: The Administrator, and any immediate family members normally resident with him/her on Christmas Island shall be entitled to two return economy class fares per annum each between their home and work base.”
 
1.7         Part 5 of the Principal Determination is amended by deleting the current wording in Clause 5.1.2 and replacing it with the following: “Administrator, Christmas and Cocos (Keeling) Islands: The Administrator is entitled to seven days recreation leave per annum additional to any entitlement in Clause 5.1.”
 
1.8         Part 2 of the Principal Determination is amended by deleting “10 October 2012” in Clause 2.2.13 and replacing it with “31 March 2013”.
 
1.9         Part 2 of the Principal Determination is amended by deleting “30 September 2012” in Clause 2.2.12 and replacing it with “9 May 2013”.
 
1.10      Table 2A of Part 2 of the Principal Determination is amended by deleting the entry for “Chief Executive Officer, Centrelink.”
 
1.11      Table 2A of Part 2 of the Principal Determination is amended by replacing the number “2” in Column 6 of the entry for “Director, Old Parliament House” with “1”.
 
1.12     Clause 1.11 takes effect on and from 1 July 2012.
 
1.13      Table 2A of the Principal Determination is amended by inserting “2.2.27” in Column 5 of the entry for “Chief Executive Officer, Climate Change Authority”.
 
1.14     Part 2 of the Principal Determination is amended by inserting Clause 2.2.27 as follows: “Climate Change Authority: the Base Salary for Ms Anthea Harris will be $250,000 while she occupies the office as shown in Column 1.”

1.15      Clauses 1.13 and 1.14 take effect on and from 1 July 2012.
 
PART 2 – PART-TIME OFFICES
2.1         In this part, Determination Number 13 of 2012 (as amended) is referred to as the Principal Determination.
 
2.2       Schedule B of the Principal Determination is amended by inserting the following entry under Clause B1.1 Professional Committees after the entry for “Australian Commission on Safety and Quality in Health Care – Expert Committees”: “Australian Therapeutic Goods Advisory Committee”.
 
2.3         Clause 2.2 takes effect on and from 1 September 2012.
 
2.4         Schedule B of the Principal Determination is amended by deleting the entry for “National Medicines Policy Committee” under Clause B1.1 Professional Committees.
 
2.5         Table A1A of Schedule A of the Principal Determination is amended by deleting the entry for “Skills Australia” and replacing it with the following entry:
 
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Australian Workforce and Productivity Agency (AWPA)
1,090
d
900
d
A48
1


 
2.6       The Principal Determination is amended by inserting Clause A48 after Clause A47 of the Additional Clauses to Table A1A as follows: “A48. Australian Workforce and Productivity Agency: These rates apply for the work of the Board until      31 October 2012. The rates do not apply to committee work.”
 
2.7       Clauses 2.5 and 2.6 take effect on and from 1 July 2012.
 
PART 3 – PRINCIPAL EXECUTIVE OFFICES
3.1         In this part, Determination Number 14 of 2012 is referred to as the Principal Determination.
 
3.2         Part 2 of the Principal Determination is amended by deleting the current wording in Clause 2.6 and replacing it with the following: “Remuneration packaging: Subject to this Part, a PEO 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.”
 
3.3         Clause 3.2 takes effect on and from 1 July 2012.
 
3.4         Part 6 of the Principal Determination is amended by replacing the word “officer” with “office” in Clause 6.5.
 
3.5         Part 2 of the Principal Determination is amended by inserting Clause 2.8.4 after Clause 2.8.3 as follows: “Transitional: Where an Employing Body has determined remuneration for a PEO based on the provisions applying under the superseded PEO Determination (1999/15) any change resulting from the application of the provisions of this clause (Employer Superannuation Support) need not be applied until remuneration is next varied.
 
3.6         Clause 3.5 takes effect on and from 1 July 2012.
 
PART 4 – JUDICIAL AND RELATED OFFICES
 
4.1         In this part, Determination Number 9 of 2012 (as amended) is referred to as the Principal Determination.
 
4.2         Part 3 of the Principal Determination is amended by inserting clause 3.5 after clause 3.4 as follows: “Administrative Appeals Tribunal: While the Hon Justice Duncan Kerr Chev LH occupies the office of President of the Administrative Appeals Tribunal and does not establish his place of residence in Melbourne, he shall be paid $36,000 a year in lieu of the travelling allowance and cost of airfares that would otherwise be payable for his travel to Melbourne.”
 
 
 
 
 
Signed this 27th day of September 2012.
 
 
 
 
 
 
               Signed
 
 
 
 
             
               Signed
 
 
 
 
   
               Signed          

John C Conde AO
PRESIDENT
John B Prescott AC
MEMBER
Jillian Segal AM
MEMBER