Because Mr. Stewart was heading a quasi-judicial position during the period of the audit, he was not getting performance pay. In fact, what he was getting was management pay for his management responsibilities.
There had been case law in the late 1980s that indicated there was a problem for the government to award performance pay to a person holding a quasi-judicial position or a position requiring independence, such as an ombudsman-like function. Therefore the government moved to a new regime in the early 1990s for heads of quasi-judicial bodies or bodies that had independent investigatory functions. The person, instead of receiving performance pay, was receiving management pay, which was not variable. It was basically half of the maximum performance pay available to a person in a similar non-quasi-judicial position.