• Section 1 - Purpose
• Section 2 - Scope / Application
• Section 3 - Definitions
• Section 4 - Policy Statement and Principles
• Remuneration and the Constitution
• Remuneration Principles
• Remuneration Payments
• Enterprise Agreement
• Insurance
• Financial Advice
• Choice of Superannuation Fund
• External Approvals
• Additional Benefits
• Section 5 - Roles and Responsibilities
• Approval Authority
• Governing Authority
• Responsible Officer
• Section 6 - Review
• Section 7 - Further Assistance
• Section 8 - Appendix 1 – Remuneration Schedule
• Section 9 - Associated Information

Section 1 - Purpose

(1) This Policy governs the payment of remuneration for selected Senators and an external chair of a Senate Committee.

Section 2 - Scope / Application

(2) This Policy applies to external Senators appointed or elected pursuant to clauses 13.2(a), (b), (f) and (g) of the Constitution. It also applies to an external chair of a Senate Committee defined in section 8 of this Policy.

(3) This Policy does not apply to:

1. members of the Senate appointed ex officio to the Senate in accordance with clauses 13.2(c), (d) and (e) of the Constitution;
2. members of the Senate elected pursuant to clauses 13.2(h), (i) and (j) of the Constitution whose contribution is regulated by the Senator Workload and Recognition Policy and the Student Members Workload and Recognition Policy.

Section 3 - Definitions

(4) In this Policy, the following words and expressions have the meanings listed below:

Section 4 - Policy Statement and Principles

Remuneration and the Constitution

(5) The provision for appropriate Senator remuneration, as set out in this Policy, recognises the important statutory duties that Senators have as Directors under the Corporations Act 2001 (Cth) and that Senators and any external chair of a Senate Committee have as Responsible Persons under the Australian Charities and Not-for-profits Commission Act 2012 (Cth).

(6) Clauses 13.10(i) of the Constitution provides that the office of Senator is vacated automatically if the Senator receives any profit from the Corporation, other than as an Officer of the Corporation, without the prior leave of the Members of the Corporation in a general meeting.

(7) In its approval of this Policy at its Annual General Meeting of 5 May 2021, the Members of the Corporation provided prior leave for the payment of remuneration in accordance with the terms of this Policy.

Remuneration Principles

(8) Remuneration in accordance with this Policy is to be paid to the categories of Senator and an external chair of a Senate Committee referred to in clause (2) of this Policy only.

(9) Remuneration of Senators is in recognition of all activities and functions related to Senate membership, including:

1. attendance at Senate, and any of Senate's Committees;
2. attendance at functions and graduation ceremonies, as required;
3. reading and preparation for Senate, Senate Committees and ad-hoc committee meetings; and
4. travel time.

(10) Remuneration of an external chair or external member of a Senate Committee is in recognition of all activities and functions related to the Committee, including:

1. attendance at, and chairing, Committee meetings;
2. attendance at functions and graduation ceremonies, as required;
3. reading and preparation for Committee and ad-hoc Committee meetings; and
4. travel time.

(11) The rates of remuneration from time to time, and the basis for the determination of the rates of remuneration (including any external benchmark and the method of calculation) shall be recommended by the Senate Standing Committee and, subject to the approval of the Senate, be included in Appendix 1.

Remuneration Payments

(12) Remuneration will be paid fortnightly via the ACU staff payroll system in the usual fortnightly pay run.

(13) All payments will be made by ACU by direct deposit to an account nominated by the relevant Senator or Senate Committee chair to the Chief People Officer via the Legal, Assurance and Governance Directorate.

(14) Senators and any Senate Committee chair may choose not to be remunerated or may choose to use the value of their remuneration as a contribution to the Giving to ACU program. This option shall be communicated by the relevant Senator in writing to the Chief People Officer via the Legal, Assurance and Governance Directorate. Should any Senator choose not to be remunerated, the full value of the remuneration outlined in Schedule 1, as indexed annually for CPI (excluding the equivalent of any PAYG taxation and superannuation that would have been deducted or paid if the remuneration had been paid to the relevant Senator directly), will be paid directly by ACU to the Giving to ACU program nominated by the Senator or Senate Committee chair at the direction of the Chief People Officer.

(15) In the event that a Senator or any Senate Committee chair participates in the activities of the Senate or its Committees by an arrangement with their substantive employer that involves time-release without compensation to the Senator's or chair’s employer for the time contributed to ACU activities, the relevant Senator or Committee chair may, with written advice to the Chief People Officer via the Legal, Assurance and Governance Directorate:

1. accept the relevant remuneration and negotiate any financial or time-release arrangements with their substantive employer directly; or
2. direct that the remuneration be paid to the substantive employer in lieu of the Senator or Senate Committee Chair upon the receipt by ACU of a recipient issued tax invoice for the value of the remuneration outlined in Schedule 1, as indexed annually for CPI, excluding the equivalent of any PAYG taxation and superannuation that would have been deducted if the remuneration had been paid to the relevant Senator directly; or
3. donate the remuneration, with their employer’s consent, in accordance with clause (14).

(16) Senators and any Senate Committee chair who commence or retire during any pay period will be paid a pro-rata rate based on the number of weeks that they occupied their substantive role.

(17) All remuneration detailed in Appendix 1 is expressed exclusive of superannuation but is superannuable at the prevailing rate for the Commonwealth Superannuation Guarantee (CSG).

(18) PAYG taxation is payable on all remuneration payments made to Senators and any Senate Committee chair and will be deducted from payments made by ACU.

(19) Remuneration shall be paid to individual Senator and any Senate Committee chair and will not be paid to companies or trusts. This exclusion does not apply where the remuneration is donated in accordance with clause (14) or paid to the substantive employer of a Senator or Senate Committee chair upon receipt of a recipient created tax invoice.

(20) If a Senator or Senate Committee chair is absent from consecutive meetings of the Senate or relevant Committee of which due notice has been given in a period of six months without prior leave of the Senate, remuneration payments may be adjusted, reduced or suspended at the discretion of the Chancellor for that period. In the case of the Chancellor, the President of the Corporation shall determine any adjustment required.

Enterprise Agreement

(21) The ACU Staff Enterprise Agreement does not apply to Senators and any Senate Committee chair to whom this Policy applies.

(22) Senators and any Senate Committee chair to whom this Policy applies are not eligible to receive any of the leave or other entitlements outlined in the ACU Staff Enterprise Agreement.

Insurance

(23) Senators and any Senate Committee chair are covered, at ACU’s cost, by ACU’s Directors and Officers Insurance Policy.

Financial Advice

(24) It is the responsibility of each individual Senator and any Senate Committee chair to obtain financial, taxation and/or legal advice in relation to the payment of remuneration made in accordance with this Policy.

Choice of Superannuation Fund

(25) Where a Senator and any Senate Committee chair accepts remuneration in accordance with this Policy and is entitled to choose their own superannuation fund, ACU shall provide the Senator and any Senate Committee chair with a Standard Choice Form within 28 days of their date of commencement.

External Approvals

(26) Senators and any Senate Committee chair remain responsible for obtaining any external approvals (including from their substantive employer, if relevant) that may be required before accepting remuneration from ACU.

Additional Benefits

(27) ACU may, at its discretion, bestow additional, non-financial benefits on Senators and any Senate Committee chair including travel, accommodation, technology (e.g. access to an iPad), training and development and reimbursement of all reasonable expenses incurred by the Senator or any Senate Committee chair in fulfilling their duties to ACU outlined in clauses (9) and (10) of this Policy.

Section 5 - Roles and Responsibilities

Approval Authority

(28) The Senate is the Approval Authority for this Policy and is responsible for approving this Policy and any amendments subject to clause (7).

Governing Authority

(29) The Senate Standing Committee, chaired by the Chancellor, is the Governing Authority for this Policy and is responsible for reviewing the principles of remuneration and the quantum of remuneration, including reviewing the benchmarked remuneration rates on an annual basis.

Responsible Officer

(30) The Chief Legal Assurance and Governance Officer is the Responsible Officer for this Policy and is responsible for monitoring the implementation of the Policy and supporting the Governing Authority in reviewing and updating the Policy, as required, and advising the Governing Authority on updates to the rates of remuneration.

Section 6 - Review

(31) In line with the University's Policy Development and Review Policy, this Policy is scheduled for review every year for the explicit purpose of reviewing the remuneration rates and principles outlined in Appendix 1.

Section 7 - Further Assistance

(32) Further assistance in relation to the application and operation of this Policy may be sought from the Chief Legal Assurance and Governance Officer.

Section 8 - Appendix 1 – Remuneration Schedule

(33) The Remuneration Schedule is based on sector benchmarking^[1].

(34) Remuneration rates are:

1. effective from 1 July each year;
2. to be reviewed annually by the Senate Standing Committee;
3. exclusive of the Commonwealth Superannuation Guarantee (CSG).

Section 9 - Associated Information

(35) For related legislation, policies, procedures and guidelines and any supporting resources, please refer to the Associated Information tab.