Salaries and Allowances Act 1975 (WA)
Western Australia
Western Australia
Western Australia
Salaries and Allowances Act 1975This Act may be cited as the
(1) Subject to subsection (2) this Act shall come into operation on the date on which this Act receives the Royal Assent.
(2) Section 13 shall come into operation on the date on which the first determination made under section 6 comes into operation.
(1) In this Act, unless the contrary intention appears —
(2) For the purposes of this Act a person is an officer of Parliament if the person is the holder for the time being of the office of —
(a) President of the Legislative Council;
(b) Speaker of the Legislative Assembly;
(c) Chairman and deputy of Committees in either House;
(d) Leader of the Opposition in the Legislative Council;
(e) Leader of the Opposition in the Legislative Assembly;
(f) Deputy Leader of the Opposition in the Legislative Assembly;
(g) Government Whip in the Legislative Council;
(h) Opposition Whip in the Legislative Council;
(i) Government Whip in the Legislative Assembly;
(j) Opposition Whip in the Legislative Assembly;
(k) the person who not being a Minister of the Crown is the leader in the Parliament of a party of at least 5 members of Parliament other than a party whose leader is the Premier or the Leader of the Opposition;
(l) the person who is the Whip in the Legislative Council or the Legislative Assembly of a party of at least 7 members other than a party whose leader is the Premier or the Leader of the Opposition and the first mentioned party in the case of the Whip in the Legislative Council has 7 members or more in that House or in the case of the Whip in the Legislative Assembly has 7 or more members in that House.
(1) For the purposes of this Act there is hereby established a Tribunal to be known as the Salaries and Allowances Tribunal.
(2) The Tribunal shall consist of 3 members appointed by the Governor.
(3) Subject to this Act, a member —
(a) holds office for the period, not exceeding 3 years, specified in the member’s instrument of appointment; and
(b) is eligible for reappointment.
(4) If a member —
(a) is, according to the
Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or(b) becomes permanently incapable of performing their duties as a member; or
(c) resigns their office by writing under their hand addressed to the Governor,
the office of that member becomes vacant.
(6) A member shall be paid such fees and allowances as are determined from time to time by the Governor.
(7) A person shall not be appointed as a member if they are a person whose remuneration is determined or reported upon by the Tribunal under this Act.
(8) The Governor shall appoint one of the members to be the Chairperson of the Tribunal.
(1) The Premier shall, before an appointment is made to the office of Governor, request the Tribunal to inquire into, and determine, the remuneration to be paid to the Governor.
(2) The Tribunal shall, on receiving a request made under subsection (1), comply with that request.
(3) The Tribunal may, in complying with a request made under subsection (1), in its determination specify a method of altering from time to time the remuneration payable to the Governor during the subsistence of the appointment referred to in that subsection.
(4) A determination made by the Tribunal under this section shall —
(a) be in writing; and
(b) be signed by the members; and
(c) come into operation, or be deemed to have come into operation, on the day on which the appointment referred to in subsection (1) is made.
(5) The Tribunal shall cause one copy of each determination made under this section to be given to the Premier who shall, not later than 14 days from the date on which the Premier receives the determination, inform the Tribunal that the Premier agrees or does not agree with that determination and, where the Premier does not agree, set out the grounds for the Premier’s disagreement and recommendations as to the alterations that the Premier believes should be made.
(6) The Tribunal, having considered the Premier’s recommendations following the Premier’s disagreement with the determination, shall either amend the determination or reaffirm the determination.
(7) The text of the determination as finally settled shall be published in the
Gazette .(8) Any remuneration payable under, or under any method of alteration specified in, any determination made under this section shall, notwithstanding any other written law, be paid in accordance with that determination out of the Consolidated Account, which is appropriated accordingly.
(9) The remuneration payable under a determination which has come into operation under this section in respect of a particular appointment to the office of Governor shall not, subject to any alteration effected under any method of alteration specified in that determination, be altered while that appointment subsists.
(10) Notwithstanding anything in this section, the Tribunal shall forthwith on the coming into operation of section 9 of the
Acts Amendment (Remuneration of Governor) Act 1989 proceed to inquire into, and determine, the remuneration to be paid to the Governor and this section shall apply to and in relation to that determination as if that determination had been made in compliance with a request made under subsection (1).
(1) The Tribunal shall, from time to time as provided by this Act, inquire into, and determine, the remuneration to be paid or provided to —
(a) Ministers of the Crown and the Parliamentary Secretary of the Cabinet; and
(ab) subject to section 44A(4) and (5) of the
Constitution Acts Amendment Act 1899 , a Parliamentary Secretary appointed under section 44A(1) of that Act; and(b) officers and members of the Parliament including additional remuneration to be paid or provided to a member, other than an officer, of Parliament who is the Chairman, Deputy Chairman or a member of a standing committee of a House or a joint standing committee of both Houses; and
(c) Clerk of the Legislative Council or Clerk of the Legislative Assembly or the Deputy Clerk of either House; and
(d) officers of the Public Service holding offices included in the Special Division of the Public Service; and
(ea) a person holding any of the following offices —
(i) member of the Council of Curtin University;
(ii) member of the Kalgoorlie Campus Council of Curtin University;
(iii) member of the Council of Edith Cowan University;
(iv) member of the ECU South West Campus (Bunbury) Advisory Board of Edith Cowan University;
(v) member of the Advisory Board of the Academy of Edith Cowan University;
(vi) member of the Senate of Murdoch University;
(vii) member of the Senate of the University of Western Australia;
and
(e) a person holding any other office of a full‑time nature, created or established under a law of the State, that is prescribed for the purposes of this section, but not being an office the remuneration for which is determined by or under any industrial award or agreement made or in force under any other law of the State.
(2) A determination of the Tribunal —
(a) shall be in writing; and
(b) shall be signed by the members; and
(c) shall come into operation, or shall be deemed to have come into operation, on such date as is specified therein.
(3) A copy of every determination made by the Tribunal, shall be published in the
Government Gazette .(4) Any remuneration which is payable pursuant to a determination shall, notwithstanding the provisions of any other law of the State, be paid in accordance with the determination and charged to the Consolidated Account, which is appropriated accordingly, or, where the law creating an office to which a determination applies provides for the remuneration of the holder of the office to be paid from some other fund or source, out of that fund or source.
(5) Except where the Tribunal otherwise determines, a member of the Legislative Assembly who ceases to be a member thereof by reason of the dissolution of that House or the expiry thereof by effluxion of time shall nevertheless be deemed for the purposes of this Part and the provisions of any determination to have continued to have been such a member until the day fixed for the taking of the poll next following the dissolution or expiry.
(5a) Notwithstanding any other provision of this Act or any determination, where a person elected as a member of Parliament is a person to whom section 36 or section 37 of the
Constitution Acts Amendment Act 1899 applies, that person shall not be entitled to any remuneration as such a member in respect of any period for which they remain a person to whom that section applies.(5b) Notwithstanding any other provision of this Act or any determination —
(a) a person elected as a member of the Legislative Council at a general election shall not be entitled to any remuneration as such a member in respect of any period before 22 May next following the general election unless that person was a member of the Legislative Council immediately before the general election or is declared elected under section 156D of the
Electoral Act 1907 to complete the unexpired portion of a term of office ending on that 22 May; and(b) where an election held as part of a general election for the Legislative Council fails wholly or partially or is declared to be absolutely void and an election held by reason of that failure or declaration (the
fresh election ) is held before 22 May next following the general election, a person elected as a member of the Legislative Council at the fresh election shall not be entitled to any remuneration as such a member in respect of any period before that 22 May unless that person was a member of the Legislative Council immediately before the fresh election or is declared elected under section 156D of theElectoral Act 1907 to complete the unexpired portion of a term of office ending on that 22 May.
(6) Notwithstanding any other provision of this Act, where any provision of a determination dealing with the payment of electorate allowances or other allowances to members of Parliament which vary according to the electoral district of a member becomes inapplicable, or, in the opinion of the Chairperson, inequitable as a consequence of a subsequent division of the State into electoral districts, the Chairperson may without further authority than this subsection alter the determination in that regard to such extent as the Chairperson thinks necessary for that purpose, and any variation of the determination shall be published in the
Government Gazette .(7) Where a member of Parliament (not being a Minister of the Crown, a Parliamentary Secretary appointed under section 44A(1) of the
Constitution Acts Amendment Act 1899 , or the Parliamentary Secretary of the Cabinet) travels in this State or elsewhere in order to perform any duty or function as a representative of the Government or of a Minister of the Crown —(a) the member of Parliament is not entitled to have their fares for that travel paid by the State, or to receive reimbursement from the State in respect of those fares, unless that payment or reimbursement is made —
(i) with the written approval of the Treasurer; or
(ii) under arrangements made under section 11A(1);
(b) the member of Parliament is not entitled to receive any remuneration from the State in respect of accommodation or other expenses incurred in the course of or in connection with that travel other than an allowance payable in accordance with a determination made by the Tribunal.
(8) Where a payment or reimbursement in respect of the fares of a member of Parliament is made with the approval of the Treasurer as referred to in subsection (7)(a)(i), no payment or reimbursement shall be made in respect of those fares under arrangements made under section 11A(1), but that payment or reimbursement shall not be regarded as being in satisfaction of any part of the entitlements of the member under those arrangements.
(1) The Tribunal shall from time to time, as it sees fit, inquire into and determine, for the purposes of the
Parliamentary Superannuation Act 1970 , any matter that under that Act is to be determined by the Tribunal.(2) Section 6(2) and (3) apply to a determination under this section.
(1) The Tribunal may inquire into and determine the entitlements and benefits to be paid or provided to a member of Parliament if the member ceases to be a member.
(2) The Tribunal shall make such an inquiry and determination if the Tribunal makes a determination under section 28 of the
Parliamentary Superannuation Act 1970 that benefits shall not be payable until a former member attains an age specified by the Tribunal in its determination.(3) Section 6(2) and (3) apply to a determination under this section.
(4) Any amount payable in accordance with a determination under this section shall be charged to the Consolidated Account which is appropriated accordingly.
(1) The Tribunal shall from time to time, as it sees fit, inquire into and determine the entitlements and benefits to be paid or provided to former Premiers of the State, former Ministers of the Crown and former members of the Legislative Assembly or Legislative Council of the State.
(2) Section 6(2) and (3) apply in relation to a determination under this section.
(3) Any amount that is payable in accordance with a determination under this section shall be charged to the Consolidated Account which is appropriated accordingly.
(1) In this section —
(2) A court convicting a person of an offence that the person committed while holding public office may, if it considers that the person’s holding public office was in any way relevant to the commission of the offence and the gravity of the offence warrants the determination, determine that, for the purposes of this section, the offence was a Schedule 1 offence even though it is not prescribed in Schedule 1.
(3) A person is disqualified from receiving any former office entitlement if —
(a) the person is sentenced to imprisonment upon conviction of any offence other than for a term of less than 12 months; or
(b) the person is convicted of a Schedule 1 offence that the person committed while holding public office.
(4) A former office entitlement is not to be paid or provided to a person who is disqualified under this section from receiving it except to the extent that the entitlement arose before the person was disqualified and related to a time before the person was disqualified or to anything done before the person was disqualified.
(5) The person ceases to be disqualified and the former office entitlement is restored with effect from the time when the person became disqualified if —
(a) the person’s conviction is quashed; or
(b) if the offence was not a Schedule 1 offence that the person committed while holding public office, the sentence is quashed —
(i) without substituting for it another sentence of imprisonment; or
(ii) substituting for it a sentence of imprisonment for a term ending less than 12 months after the person began serving the sentence quashed.
(1) Subject to section 5(1) and (1b) of the
Judges’ Salaries and Pensions Act 1950 and section 12(3a) of theDistrict Court of Western Australia Act 1969 , the Tribunal shall, from time to time as provided by this Act, inquire into, and report to the Minister on, the question whether any alterations are desirable in the remuneration to be paid or provided to judges, District Court judges, masters of the Supreme Court and magistrates and the Parliamentary Inspector of the Corruption and Crime Commission appointed under theCorruption, Crime and Misconduct Act 2003 , and if the Tribunal reports that any such alterations are desirable it shall, in its report, recommend the nature and extent of the alterations that should be made.(2) The report of the Tribunal —
(a) shall be in writing; and
(b) shall be signed by the members; and
(c) shall be furnished to the Minister.
(3) A copy of every report made by the Tribunal under this section shall be laid before each House of Parliament within 5 sitting days of that House after the report is received by the Minister.
(4) Except as provided in subsection (5), a recommendation contained in a report made by the Tribunal under this section shall come into operation or shall be deemed to have come into operation on such date as is specified in the report of the Tribunal, and for that purpose the provisions of section 6(4) apply to and in relation to any remuneration recommended to be payable in such a report as if it were remuneration payable pursuant to a determination made under section 6.
(5) Subject to subsection (6) if either House of Parliament, within 15 sitting days of that House after a copy of a report has been laid before that House pursuant to subsection (3), passes a resolution disapproving a recommendation made by the Tribunal, then —
(a) if the recommendation has not yet come into operation — the recommendation shall not come into operation;
(b) if the recommendation has come into operation — the recommendation shall cease to have any force or effect in respect of any period commencing on or after the day on which the resolution is passed.
(6) For the purposes of applying the provisions of subsection (5) to the report made by the Tribunal and tabled in each House of Parliament on 16 October 1975, the reference in that subsection to “within 15 sitting days of that House after a copy of a report has been laid before that House” shall be construed as a reference to within 15 sitting days of that House after 7 November 1975.
(1) The Tribunal is to, from time to time as provided by this Act, inquire into and determine, the amount of remuneration, or the minimum and maximum amounts of remuneration, to be paid or provided to chief executive officers of local governments.
(2) Section 6(2) and (3) apply to a determination under this section.
(1) In this section —
(2) The Tribunal is to, from time to time as provided by this Act, inquire into and determine —
(a) the amount of fees, or the minimum and maximum amounts of fees, to be paid under the
Local Government Act 1995 to elected council members for attendance at meetings; and(b) the amount of expenses, or the minimum and maximum amounts of expenses, to be reimbursed under the
Local Government Act 1995 to elected council members; and(c) the amount of allowances, or the minimum and maximum amounts of allowances, to be paid under the
Local Government Act 1995 to elected council members.
(3) Section 6(2) and (3) apply to a determination under this section.
(1) In this section —
(2) The Tribunal must, from time to time as provided by this Act, inquire into and determine —
(a) the amount of fees, or the minimum and maximum amounts of fees, to be paid under the
Local Government Act 1995 to committee members for attendance at meetings; and(b) the amount of expenses, or the minimum and maximum amounts of expenses, to be reimbursed under the
Local Government Act 1995 to committee members.
(3) Section 6(2) and (3) apply to a determination under this section.
In sections 7C and 7D —
(a) that is described in column 1 of Schedule 2; and
(b) that is not prescribed by the regulations for the purposes of this paragraph.
(1) In this section —
(a) is described in column 2 of Schedule 2 for the entity, other than as that of director of the entity; and
(b) is not prescribed by the regulations for the purposes of this paragraph;
(2) The Tribunal must, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to executive officers of Government entities.
(3) Section 6(2) and (3) apply to a determination under subsection (2).
(4) However, a person who holds an office described in column 2 of Schedule 2 for an entity immediately before the day on which the entity is described in column 1 of Schedule 2 must be treated, for the purposes of subsection (2), as if they were not an executive officer of the entity during the balance of the person’s term of office that remained immediately before that day.
(1) In this section —
(a) is described in column 2 of Schedule 2 for the entity as that of director of the entity; and
(b) is not prescribed by the regulations for the purposes of this paragraph.
(2) The Tribunal must, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to directors of Government entities.
(3) Section 6(2) and (3) apply to a determination under subsection (2).
(1) For the purposes of the
Government Trading Enterprises Act 2023 section 27(2), the Tribunal must, from time to time as provided by this Act, inquire into and determine the allowance to be paid or provided to members of audit and risk management committees of GTEs who are also directors of the GTE concerned.(2) The allowance must be the same for all such members for a particular GTE, other than for the chair of the committee.
(3) Section 6(2) and (3) apply to a determination under subsection (1).
(1) The Tribunal shall ensure that —
(a) not more than a year elapses between one determination under section 6(1) in respect of an office or other position referred to in that subsection and another; and
(b) not more than a year elapses between one report under section 7(1) and another; and
(c) not more than a year elapses between one determination under section 7A and another; and
(d) not more than a year elapses between one determination under section 7B(2) and another; and
(da) not more than a year elapses between one determination under section 7BAA(2) and another; and
(e) not more than a year elapses between one determination under section 7C(2) and another; and
(f) not more than 4 years elapse between one determination under section 7D(2) and another; and
(g) not more than 4 years elapse between one determination under section 7E(1) and another.
(2) Despite subsection (1) —
(a) the Tribunal is not required to make an annual determination under section 6(1), or an annual report under section 7(1), before 1 July 2021; and
(b) the Tribunal must not make a determination under section 7C(2) that comes into operation while section 10F applies.
(3) Subsection (2)(a) does not prevent the Tribunal from making a determination or report referred to in that subsection if the Tribunal considers the circumstances require it.
(1) The Chairperson may convene meetings of the Tribunal and shall preside at all meetings of the Tribunal at which the Chairperson is present.
(2) In the event of the absence of the Chairperson from a meeting —
(a) another member nominated by the Chairperson for that purpose shall preside; or
(b) if another member has not been so nominated by the Chairperson, another member nominated by the Minister for that purpose shall preside.
(3) At a meeting of the Tribunal —
(a) the procedure shall be as determined by the Tribunal; and
[(b) deleted] (c) all questions shall be decided by a majority of the votes of the members present and voting; and
(d) the member presiding has a deliberative vote; and
(e) in the event of an equality of votes being cast on any question, the question shall be deferred until a subsequent meeting of the Tribunal.
(4) The Tribunal must ensure that accurate minutes are kept of each of its meetings.
(5) A meeting of the Tribunal may be held —
(a) in person; or
(b) using remote communication; or
(c) by a mix of those 2 ways of meeting.
(6) A person (including the member presiding) who participates in a meeting of the Tribunal using remote communication is taken to be present at the meeting.
(7) In subsections (5) and (6) —
(1) A written resolution that is signed, or otherwise assented to in writing, by the members has the same effect as if it had been passed at a meeting of the Tribunal.
(2) If the resolution constitutes the making of a determination or report, a member may comply with section 5A(4)(b), 6(2)(b) or 7(2)(b) by assenting to the determination or report in writing otherwise than by signing it.
Note for this subsection:
The reference to section 6(2)(b) includes section 6(2)(b) as applied under section 6A(2), 6AA(3), 6B(2), 7A(2), 7B(3), 7BAA(3), 7C(3), 7D(3) or 7E(3).
(3) A resolution that has effect under subsection (1) must be recorded in the minutes of the Tribunal’s next meeting.
Two members constitute a quorum at a meeting of the Tribunal and the functions of the members under sections 5A(4)(b), 6(2)(b) and 7(2)(b) may be performed by 2 members.
Note for this section:
The reference to section 6(2)(b) includes section 6(2)(b) as applied under section 6A(2), 6AA(3), 6B(2), 7A(2), 7B(3), 7BAA(3), 7C(3), 7D(3) or 7E(3).
(1) In the performance of the functions of the Tribunal —
(a) the Tribunal may inform itself in such manner as it thinks fit; and
(b) the Tribunal may receive written or oral statements; and
(c) the Tribunal is not required to conduct any proceeding in a formal manner; and
(d) the Tribunal is not bound by the rules of evidence.
(2) For the purposes of the exercise and performance of its powers and functions under this Act, the Tribunal has all the powers, rights and privileges that are specified in the
Royal Commissions Act 1968 , as appertaining to a Royal Commission and the provisions of that Act have effect as if they were enacted in this Act and in terms made applicable to the Tribunal.(3) The Minister may, if the Minister thinks fit, appoint a person or persons to assist the Tribunal in an inquiry.
(4) Without limiting the provisions of subsection (3) the Minister shall —
(a) appoint a person nominated from time to time in writing by the President of the Legislative Council and the Speaker of the Legislative Assembly to assist the Tribunal in an inquiry in so far as it relates to the remuneration of Ministers of the Crown, a Parliamentary Secretary appointed under section 44A(1) of the
Constitution Acts Amendment Act 1899 , the Parliamentary Secretary of the Cabinet and officers and members of the Parliament; and(b) appoint a person nominated from time to time in writing by the Public Sector Commissioner to assist the Tribunal in an inquiry in so far as it relates to the remuneration to be paid or provided to the officers and persons referred to in section 6(1)(d) and (e); and
(ca) appoint a person nominated from time to time in writing by the Public Sector Commissioner to assist the Tribunal in an inquiry insofar as it relates to the remuneration to be paid or provided to persons holding the offices referred to in section 6(1)(ea); and
(c) appoint a person nominated from time to time in writing by the chief executive officer of the department principally assisting the Minister in the administration of the
Local Government Act 1995 to assist the Tribunal in an inquiry in so far as it relates to —(i) the remuneration to be paid or provided to chief executive officers of local governments referred to in section 7A; or
(ii) the fees, expenses and allowances to be paid to elected council members referred to in section 7B; or
(iii) the fees and expenses to be paid to committee members referred to in section 7BAA;
and
(d) appoint a person nominated from time to time in writing by the chief executive officer of the department of the Public Service principally assisting in the administration of the
Financial Management Act 2006 to assist the Tribunal in an inquiry in so far as it relates to the minimum and maximum amounts of remuneration to be paid or provided to executive officers or directors of Government entities referred to in section 7C(2) or 7D(2) or the amount of remuneration to be paid or provided to those officers as referred to in section 10F(3) or the allowance to be paid or provided under section 7E(1).
(1) In this section —
(a) the most recent Government Financial Projections Statement that is —
(i) released under the
Government Financial Responsibility Act 2000 section 12(1); and(ii) made publicly available in the budget papers tabled in the Legislative Assembly under the title “Economic and Fiscal Outlook” or, if the regulations prescribe another part of the budget papers, that other part;
(b) the most recent Government Mid-year Financial Projections Statement that is —
(i) released under the
Government Financial Responsibility Act 2000 section 13(1); and(ii) made publicly available under section 9 of that Act;
(a) the Public Sector Wages Policy Statement 2014 issued by the State government that applies to industrial agreements expiring after 1 November 2013; or
(b) if any Public Sector Wages Policy Statement is issued in substitution for that statement, the later statement.
(2) In making a determination under section 6(1)(a), (ab), (d) or (e), 7C(2), 7D(2) or 7E(1) the Tribunal must take into consideration the following —
(a) any Public Sector Wages Policy Statement, irrespective of whether or not the statement applies to a person or office in respect of whom or which the determination is made;
(b) the financial position and fiscal strategy of the State as set out in the following —
(i) the most recent Government Financial Strategy Statement released under the
Government Financial Responsibility Act 2000 section 11(1) and made publicly available under section 9 of that Act;(ii) the Government Financial Projections Statement;
(iii) any submissions made to the Tribunal on behalf of the State government.
In this Division —
(1) This section applies to a determination made by the Tribunal under section 5A that comes into operation before 1 July 2021.
(2) The Tribunal must not make a determination under which the remuneration to be paid to the Governor is more than the remuneration paid to the person who held the office of Governor immediately before commencement day.
(3) If immediately before commencement day there was a vacancy in the office of Governor, the remuneration determined by the Tribunal to be paid to the Governor must not be more than the remuneration paid to the last person to hold the office of Governor before commencement day.
(4) If, as referred to in section 5A(3), the Tribunal specifies in a determination a method of altering from time to time the remuneration payable to the Governor, the Tribunal must not specify a method that allows for the remuneration of the Governor to be increased before 1 July 2021.
(5) The regulations may prescribe a kind or class of remuneration to which this section does not apply.
(1) In this section —
(a) assesses the work value of each of the offices using established principles and methodologies; and
(b) based on that assessment, assigns each of the offices to a level of classification, known as a band; and
(c) specifies in respect of each band minimum and maximum amounts of annual salary.
(2) This section applies to a determination made by the Tribunal under section 6 that comes into operation before 1 July 2021, other than a determination made under section 6(1)(ea).
(3) The Tribunal must not make a determination under which the remuneration to be paid or provided in respect of an office or other position referred to in section 6(1) is more than the remuneration paid or provided in respect of the office or position immediately before commencement day.
(4) If an office referred to in section 6(1)(d) or (e) was vacant immediately before commencement day, unless subsection (6) applies, the remuneration determined by the Tribunal to be paid or provided in respect of the office must not be more than the remuneration paid or provided to the last person to hold the office before commencement day.
(5) Subsection (6) applies if —
(a) an office referred to in section 6(1)(d) or (e) was vacant immediately before commencement day, and the last person to hold the office before commencement day was not in office on or after 1 July 2016; or
(b) the Tribunal has not previously determined the remuneration to be paid or provided in respect of an office referred to in section 6(1)(d) or (e), for example because it is a new office.
(6) In determining the remuneration to be paid or provided in respect of the office, the Tribunal —
(a) must, in the case of the first determination made by the Tribunal after commencement day, take into consideration the remuneration paid or provided immediately before commencement day in respect of other offices with which the office is comparable; and
(b) must not, in the case of any subsequent determination, determine remuneration that is more than the remuneration determined by the Tribunal in accordance with paragraph (a).
(7) If a determination made by the Tribunal includes a classification framework in respect of the offices referred to in section 6(1)(d) —
(a) the principles and methodologies the Tribunal uses to assess the work value of each of the offices must not differ from the principles and methodologies the Tribunal used immediately before commencement day; and
(b) the number of bands in the classification framework must not differ from the number of bands in the classification framework that applied immediately before commencement day; and
(c) the minimum and maximum amounts of salary specified in respect of a band must not differ from the minimum and maximum amounts of salary that applied in respect of that band immediately before commencement day.
(8) Nothing in this section prevents the Tribunal from determining to increase the remuneration to be paid or provided in respect of an office referred to in section 6(1)(d) as a consequence of the Tribunal assigning the office to a higher level of classification under a classification framework included in a determination.
(9) The regulations may prescribe a kind or class of remuneration to which this section does not apply.
(1) This section applies to a report made by the Tribunal under section 7 that comes into operation before 1 July 2021.
(2) The Tribunal must not make a report under which the remuneration recommended to be paid or provided in respect of an office referred to section 7(1) is more than the remuneration paid or provided in respect of the office immediately before commencement day.
(3) The regulations may prescribe a kind or class of remuneration to which this section does not apply.
(1) In this section —
(2) This section applies until the beginning of 1 July 2021.
(3) If, on or after commencement day, an entity is prescribed by the regulations for the purposes of paragraph (b) of the definition of
Government entity in section 7C(1), the Tribunal is to inquire into and determine the amount of remuneration to be paid or provided to executive officers of the entity.(4) The amount of remuneration the Tribunal determines under subsection (3) in respect of an executive officer of an entity must not be more than the amount of remuneration that was paid or provided to the person who held the office immediately before commencement day.
(5) If, in respect of an executive officer of an entity, there was no person holding the office immediately before commencement day, the Tribunal —
(a) must, in the case of the first determination made by the Tribunal under subsection (3) in respect of the executive officer, take into consideration the remuneration paid or provided immediately before commencement day in respect of executive officers of other entities with which the entity is comparable; and
(b) must not, in the case of any subsequent determination under subsection (3), determine remuneration that is more than the remuneration determined by the Tribunal in accordance with paragraph (a).
(6) Section 6(2) and (3) apply to a determination under subsection (3).
(7) Once the Tribunal has made its first determination under subsection (3) in respect of an executive officer of an entity, the Tribunal may make subsequent determinations under that subsection in respect of the executive officer if it considers the circumstances require it, but nothing in this section requires the Tribunal to do so.
(8) While this section applies —
(a) a provision in the written law under which an entity is established that provides for the entity’s governing body to set the remuneration of an executive officer within the range determined by the Tribunal under section 7C(2) does not apply; and
(b) the executive officer is to be paid or provided the remuneration determined by the Tribunal under subsection (3).
(9) A determination made under subsection (3) in respect of an executive officer of an entity, and in force when this section ceases to apply, continues to apply in respect of the executive officer until the remuneration of the executive officer is determined in accordance with section 7C and the written law under which the entity is established.
(10) The regulations may prescribe a kind or class of remuneration to which this section does not apply.
(1) This section applies to a determination or report of the Tribunal that comes into operation on or after 1 July 2021.
(2) The Tribunal must not make a determination under section 5A, 6 or 7C, or a report under section 7, which —
(a) has the effect of providing for the payment or provision of remuneration on the basis that the remuneration was not paid or provided before 1 July 2021 by reason of the operation of section 10C, 10D, 10E or 10F (as the case requires); or
(b) takes into account any increase in the cost of living that occurred between commencement day and 1 July 2021.
Any person appointed under section 10(3) to assist the Tribunal may be paid such fees and allowances as the Governor determines.
(1) The Treasurer of the State may from time to time make arrangements under which, in such circumstances, and subject to such conditions, restrictions and limitations, as the Treasurer determines, —
(a) the fares of a member of Parliament for travel in this State or elsewhere; and
(b) the fares of a member of the family of a member of Parliament for travel in this State or elsewhere associated with travel by that member of Parliament; and
(c) accommodation or other expenses incurred by a member of Parliament in the course of or in connection with travel by that member of Parliament in this State or elsewhere,
shall be payable by the Treasurer.
(2) Arrangements made under subsection (1)(c) shall not authorise the payment of expenses in respect of which an allowance is payable or reimbursement may be obtained pursuant to a determination made under Part I.
(3) Any moneys payable under arrangements made under subsection (1) —
(a) may be paid directly or by way of reimbursement or, in the case of expenses referred to in paragraph (c) of that subsection, by way of an allowance in respect of those expenses; and
(b) shall be charged to the Consolidated Account, which is appropriated accordingly.
(4) Subject to this section, where a person ceases to be a member of the Legislative Assembly by reason of the dissolution of that House or the expiry thereof by effluxion of time arrangements made under subsection (1) shall continue to apply to and in relation to the person during the period between the dissolution or expiry and the day fixed for the taking of the poll next following the dissolution or expiry.
(5) Without limiting the generality of subsection (1) the Treasurer may determine that arrangements made under that subsection —
(a) shall not apply; or
(b) shall apply to a restricted or limited extent,
in relation to the period between the issue of the writ for a general election or writs for a conjoint election pursuant to the
The Governor may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) In this section —
(2) The amendment made by section 5(1) of the amendment Act does not affect the term of office of a member whose appointment was made before amendment day.
(3) The member who, immediately before amendment day, is the Chairman appointed under section 5(8) is taken to be appointed as the Chairperson under section 5(8), as amended by section 5(5) of the amendment Act, at the beginning of amendment day.
(1) In this section —
(2) Section 5(7) is taken to have had no effect during the validation period.
(3) Subsections (4) to (9) —
(a) supplement subsection (2); and
(b) are not to be construed as limiting the effect of subsection (2) or of each other.
(4) Any written law (including this Act) in force at any time on or after 7 September 2021 is taken to have, or to have had, the same effect at that time as if section 5(7) had had no effect during the validation period.
(5) An appointment of a person as a member, or a resignation under section 5(4)(c), that was made, or purportedly made, during the validation period is taken to be, and to have always been, as lawful, valid and effective as it would be, or would have been, if section 5(7) had had no effect during the validation period.
(6) Subsection (5) applies to make a person’s resignation, or purported resignation, lawful, valid and effective even if, at the time, the reason for the resignation was that the person had not been validly appointed as a member.
(7) Anything done, or purportedly done, on or after 7 September 2021 is taken to be, and to have always been, as lawful, valid and effective as it would be, or would have been, if section 5(7) had had no effect during the validation period.
(8) In subsection (7), a reference to the doing of anything includes a reference to an omission to do anything.
(9) The functions, rights, obligations and liabilities of the State, and of all persons and bodies, are taken to be, and to have always been, the same as if section 5(7) had had no effect during the validation period.
(10) Without limiting the effect of this section, this section has effect for the purposes of any civil proceedings before a court (including appeal proceedings) that relate to an act or omission occurring, or other matter arising, on or after 7 September 2021and that —
(a) are commenced on or after validation day; or
(b) were commenced, but not completed, before validation day.
[Section 6C]
1. An offence against section 60, 61, 81, 82, 83, 85, 88, 122, 124, 169, 170, 378, 409, 414, 419, 424, 440A, 473, 529, 530, 532, 533, 534, 535, or 536 of
2. An offence against section 24, 25, 26, or 27 of the
3. An offence against section 552, 553, 558, or 562 of
[s. 7BA, 7C and 7D]
A GTE. | 1. A person appointed as a director of the GTE. |
2. The person appointed as the chief executive officer of the GTE. | |
3. A person appointed to act in place of the chief executive officer of the GTE. | |
A wholly‑owned subsidiary (as defined in the | 1. A person appointed as a director of the subsidiary. 2. The person appointed as the chief executive officer (however described) of the subsidiary. |
Gold Corporation as defined in the | 1. The person appointed under the |
2. The person appointed under the | |
GoldCorp as defined in the | The person appointed under the |
The Mint as defined in the | The person appointed under the |
A port authority as defined in the | 1. The person appointed under the |
2. A person appointed under the | |
RWWA as defined in the | 1. The person appointed under the |
2. A person appointed under the | |
The Corporation as defined in the | 1. The person appointed under the |
2. A person appointed under the |
This is a compilation of the
27 of 1975 | 16 May 1975 | Act other than s. 13: 16 May 1975 (see s. 2(1)); s. 13: 8 Aug 1975 (see s. 2(2) and | |
89 of 1975 | 20 Nov 1975 | 19 Sep 1975 (see s. 2) | |
63 of 1978 | 22 Sep 1978 | 22 Sep 1978 | |
33 of 1979 | 11 Oct 1979 | 11 Oct 1979 | |
34 of 1980 | 5 Nov 1980 | 5 Nov 1980 | |
78 of 1984 | 14 Nov 1984 | 1 Jul 1985 (see s. 2 and | |
34 of 1986 | 1 Aug 1986 | 1 Aug 1986 (see s. 2) | |
58 of 1986 | 26 Nov 1986 | 24 Dec 1986 | |
13 of 1987 | 25 Jun 1987 | 25 Jun 1987 (see s. 2) | |
40 of 1987 | 12 Jul 1987 | 30 Oct 1987 (see s. 2 and | |
103 of 1987 | 16 Dec 1987 | 16 Dec 1987 (see s. 2) | |
6 of 1988 | 30 Jun 1988 | 30 Jun 1988 (see s. 2(1)) | |
19 of 1989 | 1 Dec 1989 | 1 Dec 1989 (see s. 2(1)) | |
31 of 1989 | 15 Dec 1989 | 15 Dec 1989 (see s. 2) | |
38 of 1990 | 8 Nov 1990 | 8 Nov 1990 (see s. 2) | |
49 of 1991 | 17 Dec 1991 | 17 Dec 1991 (see s. 2) | |
68 of 1992 | 11 Dec 1992 | 11 Dec 1992 (see s. 2) | |
6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) | |
14 of 1994 | 22 Apr 1994 | 24 May 1994 (see s. 2 and | |
32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and | |
73 of 1994 | 9 Dec 1994 | 9 Dec 1994 (see s. 2) | |
1 of 1995 | 9 May 1995 | 9 May 1995 (see s. 2(1)) | |
45 of 1995 | 18 Oct 1995 | 18 Oct 1995 (see s. 2) | |
29 of 1996 | 28 Aug 1996 | 30 Aug 1996 (see s. 2 and | |
49 of 1996 | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) | |
23 of 1997 | 18 Sep 1997 | 18 Sep 1997 (see s. 2) | |
42 of 1997 | 9 Dec 1997 | 6 Jan 1998 (see s. 2(1)) | |
36 of 2000 | 10 Oct 2000 | 21 Oct 2000 (see s. 2 and | |
37 of 2000 | 10 Oct 2000 | 10 Oct 2000 (see s. 2) | |
22 of 2001 | 26 Nov 2001 | 26 Nov 2001 (see s. 2) | |
48 of 2003 | 3 Jul 2003 | 1 Jan 2004 (see s. 2 and | |
15 Sep 2003 (see r. 2) | |||
78 of 2003 | 22 Dec 2003 | 7 Jul 2004 (see s. 2 and | |
45 of 2004 | 9 Nov 2004 | 1 Feb 2005 (see s. 2 and | |
49 of 2004 | 12 Nov 2004 | 1 Apr 2005 (see s. 2 and | |
1 of 2005 | 20 May 2005 | 20 May 2005 (see s. 2) | |
56 of 2006 | 16 Nov 2006 | 17 Nov 2006 (see s. 2) | |
77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and | |
8 of 2009 | 21 May 2009 | 22 May 2009 (see s. 2(b)) | |
18 of 2009 | 16 Sep 2009 | 17 Sep 2009 (see s. 2(b)) | |
39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and | |
2 of 2012 | 4 Apr 2012 | s. 38, 40(a), (c) and 41 to the extent that it inserts s. 10(4)(c)(i): 21 Apr 2012 (see s. 2(b) and | |
8 of 2014 | 20 May 2014 | 1 Jul 2014 (see s. 2(b) and | |
35 of 2014 | 9 Dec 2014 | 1 Jul 2015 (see s. 2(b) and | |
32 of 2016 | 19 Oct 2016 | 1 Oct 2017 (see s. 2(b) and | |
46 of 2016 | 7 Dec 2016 | 8 Dec 2016 (see s. 2(b)) | |
1 of 2018 | 27 Feb 2018 | s. 1 and 2: 27 Feb 2018 (see s. 2(a)); Act other than s. 1 and 2: 28 Feb 2018 (see s. 2(b)) | |
20 of 2021 | 24 Nov 2021 | 25 Nov 2021 (see s. 2(b)) | |
13 of 2023 | 22 Jun 2023 | 1 Jul 2023 (see s. 2(b) and SL 2023/89 cl. 2) | |
11 of 2023 | 18 May 2023 | 1 Jan 2024 (see s. 2(d) and SL 2023/92 cl. 2(b)) | |
3 of 2025 | 19 Jun 2025 | 20 Jun 2025 (see s. 2(b)) | |
To view the text of the uncommenced provisions see
21 of 2019 | 18 Sep 2019 | To be proclaimed (see s. 2(1)(b)(xiii)) |
(1) Section 6C of the principal Act applies whether or not the offence was committed before the day when this Act commences and whether or not the person was dealt with before that day, but if the person was dealt with before that day the disqualification takes effect on that day instead of the day when the person was dealt with.
(2) For the purposes of subsection (1) a person is dealt with —
(a) if the offence was a Schedule 1 offence committed by the person while holding public office, on the day when the person is convicted;
(b) in any other case, on the day when the person was sentenced.
amendment Act...................................................................................................... 12A(1)
amendment day...................................................................................................... 12A(1)
Chairperson.................................................................................................................. 4(1)
classification framework...................................................................................... 10D(1)
commencement day.................................................................................................... 10B
committee member............................................................................................ 7BAA(1)
director....................................................................................................................... 7D(1)
elected council member.......................................................................................... 7B(1)
entity......................................................................................................................... 10F(1)
executive officer........................................................................................ 7C(1), 10F(1)
former office entitlement........................................................................................ 6C(1)
fresh election............................................................................................................. 6(5b)
Government entity....................................................................................... 7BA, 10F(3)
Government Financial Projections Statement.................................................. 10A(1)
GTE............................................................................................................................... 4(1)
holding public office............................................................................................... 6C(1)
member......................................................................................................................... 4(1)
Minister of the Crown................................................................................................ 4(1)
Public Sector Wages Policy Statement ............................................................. 10A(1)
remote communication.............................................................................................. 9(7)
remuneration................................................................................................................ 4(1)
Schedule 1 offence................................................................................................... 6C(1)
section........................................................................................................................... 4(1)
Tribunal........................................................................................................................ 4(1)
validation day......................................................................................................... 12B(1)
validation period.................................................................................................... 12B(1)
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