Statutory and Other Offices Remuneration (Executives) Amendment Act 1989 (NSW)
STATUTORY AND OTHER OFFICES REMUNERATION
(EXECUTIVES) AMENDMENT ACT 1989 No. 104
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencemem
3. Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No. 4)
SCHEDULE 1 - AMENDMENTS RELATING TO CHIEF EXECUTIVE AND
SENIOR EXECUTIVE OFRCE HOLDERS
SCHEDULE 2 - CONSEQUENTIAL AND OTHER AMENDMENTS
STATUTORY AND OTHER OFFICES REMUNERATION
(EXECUTIVES) AMENDMENT ACT 1989 No. 104
NEW SOUTH WALES
Act No. 104,1989
An Act to amend the Statutory and Other Offices Remuneration Act 1975 in connection with the remuneration of chief executive and senior executive office holders, and for other purposes. [Assented to 15 August 1989]
Statutory and Other Ojfces Remuneration (Executives) Amendment 1989
The Legislature of New South Wales enacts:
Short title
| 1. | This Act may be cited as the Statutory | and Other Offices |
| Remuneration (Executives) Amendment Act 19! | )89. |
| Commencement |
2. This Act commences on a day or days to be appointed by
proclamatioa
Amendment of Statutory and Other Offices Remuneration Act 1975
(1976 No. 4)
3. The Statutory and Other Offices Remuneration Act 1975 is
amended as set out in Schedules 1 and Z
SCHEDULE 1 - AMENDMENTS RELATING TO CHIEF
EXECUTIVE AND SENIOR EXECUTIVE
OFFICE HOLDERS
(Sec. 3)
(1) PartSA
After Part 3, insert
PART 3A ■ REMUNERATION PACKAGES FOR
CHIEF EXECUTIVE AND SENIOR
EXECUTIVE OFFICE HOLDERS
Definitions
24A In this Part
"chief ejKCutive office holder" means the holder of a
position referred to in Schedule 3A to the Public Sector
Management Act 1988;
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"determination" means a determination made by the
Tribunal under section 24B, 24C or 24I>,
"ejfficutive office holder" means a chief executive office
holder or a senior executive office holder,
"remuneration package" means the annual amount
payable under section 42L of the Public Sector
Management Act 1988:
| (a) | as monetary remuneration for the executive office holder; or |
| (b) | partly as that remuneration and partly as the cost to the employer of the executive office holder of employment benefits; |
"senior executive office holder^' means the holder of a
position referred to in Schedule 3B to the Public Sector
Management Act 1988.
Initial determinations
24B. (1) Tlie Tribunal is required to make, as soon as practicable after the commencement of this Part, a determination of the remuneration packages for executive office holders.
(2) The Tribunal is required to make, as occasion requires, a determination of the remuneration package for an executive office holder not included in any previous determination.
(3) The Tribunal may make a determination under this section in respect of a prospective executive office holder notified to the Tribunal by the Minister.
Annual determinations
24C. The Tribunal is required to make, not earlier than 1 July and not later than 31 August in each year, a determination of the remuneration packages for executive office holders as on and from 1 October in that year.
Statutory and Other Of^ces Remuneration (Executives) Amendment 1989
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AND SENIOR EXECUTIVE OFFICE HOLDERS - continued
Special determinations
24D. (1) If the Minister so directs, the Tribunal is required to make (not later than the day specified in the direction as the day on or before which the determination is to be made) a determination as to whether, and (if so) how, any determination already made should be altered in relation to such executive office holders as are referred to in the direction*
| (2) | A reference in subsection (1) to an ejKcutive office |
holder includes a reference to an executive office holder whose remuneration package is not fixed by the determination to which the determination made under this section relates.
Directions by Minister
24E (1) The Minister may give the Tribunal directions as to matters which the Tribunal should take into consideration when making determinations of the remuneration packages for executive office holders or for any of them or for any class of them*
(2) In making a determination, the Tribunal must take into consideration any such matters and such other matters as the Tribunal thinks fit
General provisions relating to determinations
24F. (1) In making a determination, the Tribunal may:
| (a) | fix, as a remuneration package, a specified amount or any amount that is within a specified range of amounts; or |
| (b) | provide that a different remuneration package applies in the case of an executive office holder who is named in the determination; or |
| (c) | increase, reduce or not change any remuneration package; or |
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AND SENIOR EXECUTIVE OITICE HOLDERS - continued
| (d) | fix remuneration packages for particular executive office holders or for classes of executive office holders. |
(2) A remuneration package determined by the Tribunal for an executive office holder may not be less than the remuneration package which the Tribunal considers appropriate for a clerk (grade 12) in the Public Service with general administrative duties.
(3) The Tribunal may make a determination that applies in relation to an executive office holder even though no person holds the office for the time being
Inquiries
24G. (1) Before making a determination, the Tribunal may make such inquiry as the Tribunal thinks necessary.
(2) An inquiry for the purpose of a determination to be made under section 24C (Annual determinations) may not be commenced before 1 April in the year in which the determination is to be made.
(3) In the exercise or performance of the Tribunal’s powers, authorities, duties and functions under this Part
| (a) | the Tribunal may inform himself or herself in such manner as he or she thinks fit; |
| (b) | the Tribunal may receive written or oral submissions; |
| (c) | the Tribunal must take into consideration submissions received by him or her relating to the remuneration packages for executive office holders, whether or not those submissions were received in response to an invitation under subsection (4); |
| (d) | the Tribunal is not required to conduct any proceedings in a formal manner; and |
(e) the Tribunal is not bound by the rules of evidence.
(4) Without affecting the generality of subsection (3), the
Tribunal may invite submissions from executive office holders, Ministers of the Crown, members and officers of
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SCHEDULE 1 - AMENDMENTS RELATING TO CHIEF EXECUTIVE
AND SENIOR EXECUTIVE OFHCE HOLDERS - continued
statutory bodies and Departments of the Government and
any other persons.
Tribunars reports
24H. (1) The Tribunal must, as soon as practicable after making a determination under section 24B (Initial determinations), make a report to the Minister of the Tribunal’s determination.
(2) The Tribunal must, not earlier than 1 July and not later than 31 August in each year, make a report to the Minister of the Tribunal’s determination under section 24C (Annual determinations).
(3) The Tribunal must, not later than the day specified in a direction referred to in section 24D (Special determinations) as the day on or before which the determination is to be made, make a report to the Minister of the Tribunal’s determination made in consequence of that direction.
Publication of determinations
241. The report of a determination may be published by the Minister in ^ e Gazette and in such other manner as the Minister thinks fit
Operation of determinations
24J. (1) Subject to this Part, a determination which was made under.
| (a) | section 24B (Initial determinations) - is to be taken to have come into force on the date that the first appointment is made to the office concerned; and |
| (b) | section 24C (Annual determinations) - comes into force, or is to be taken to have come into force, on 1 October in the year in which it is made; and |
| (c) | section 24D (Special determinations) - comes into force, or is to be taken to have come into force, on the |
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AND SENIOR EXECUTIVE OFFICE HOLDERS - continued
day specified in the determination as the day on which the determination is, or is to be taken, to come into force.
(2) Subject to this Part, a determination continues in force until and including 30 September nejct following the day on which it comes into force.
(3) Subject to this Part, a determination has effect subject to any determination that was made under section 24D (Special determinations) and that is in force.
(4) A determination may not be challenged, reviewed, quashed or called into question before any court in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition, mandamus, certiorari or otherwise.
Remuneration package during period before making of report
24K. (1) If the report of a determination under section 24C (Annual determinations) is made to the Minister after 1 October in any year, the remuneration package for each executive office holder is (for the period commencing on and including that day and ending on and including the day preceding the date the report is made) the remuneration package that would have been applicable had the determination in force on the preceding 30 September continued in force (subject to any adjustment necessary because of the making of the report).
| (2) | Despite anything in this Part, if a determination takes |
effect on a date (the "effective date") that is earlier than the date that the report of the determination is made to the Minister, a person who:
| (a) | was an executive office holder at or at any time before the effective date; and |
| (b) | was not an executive office holder at the date that the report is made, |
Statutory and Other Offces Remuneration (Executives) Amendment 1989
SCHEDULE 1 - AMENDMENTS RELATING TO CHIEF EXECUTIVE
AND SENIOR EXECUTIVE OFHCE HOLDERS - continued
is not, in relation to any period before the date the report is
made, affected by the determination, unless:
| (c) | the determination would, if the person had continued in office, operate to increase the remuneration package for the person in relation to that period; and |
| (d) | the person ceased to hold office otherwise than because of the resignation of his or her office (except by way of retirement) or because of his or her removal from office. |
Remuneration packages for executive office holders not dealt with
24L (1) I t but for this section, no remuneration package would be applicable to an executive office holder in respect of any period during which he or she is an executive office holder, the Minister may, from time to time, fix the remuneration package for the executive office holder in respect of that period.
(2) The remuneration package for an executive office holder under this section applies until a determination applicable to the person comes into force.
| (2) | Schedule 2, Part 1 (Public offices); |
Omit "Western Lands Commissioner.".
Omit "Assistant Western Lands Commissioner.".
Omit "President of the Board of Fire Commissioners of New
South Wales.".
Omit "General Manager of the Homebush Abattoir
Corporation.".
Omit "Deputy General Manager of the Homebush Abattoir
Corporation.".
Omit "Commissioner (under the Forestry Act 1916).".
Omit "Assistant Commissioner (under the Forestry Act
1916).".
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Statutory and Other Offices Remuneration (Executives) Amendment 1989
SCHEDULE 1 - AMENDMENTS RELATING TO CHIEF EXECUTIVE
AND SENIOR EXECUTIVE OFFICE HOLDERS - continued
Omit "Managing Director of the Water Board.".
Omit "Deputy Managing Director of the Water Board.".
Omit "Managing director of the Government Insurance
Office of New South Wales.".
Omit "Deputy managing director of the Government
Insurance Office of New South Wales.".
Omit "Director of State Lotteries.".
Omit "Managing director of the State Bank.".
Omit "Deputy managing director of the State Bank.".
Omit "General Manager of The Maritime Services Board of
New South Wales.".
Omit "Deputy General Manager of The Maritime Services
Board of New South Wales.".
Omit "Commissioner of the Soil Conservation Service.".
Omit "Managing Director of the Hunter Water Board.".
Omit "Deputy Managing Director of the Hunter Water
Board.".
Omit "President of the Broken Hill Water Board.".
Omit "Full-time member of a Water Supply Authority (other
than the Broken Hill Water Board) listed in Part 1 of
Schedule 1 to the Water Supply Authorities Act 1987.".
Omit "General Manager of The Electricity Commission of
New South Wales.".
Omit "Managing Director of the Grain Handling Authority of
New South Wales.".
Omit "Managing Director of the Sydney Market Authority.".
Omit "Director and Deputy Chairman of the Sydney Cove
Redevelopment Authority.".
Omit "General Manager of the New South Wales Dairy
Corporation.".
Statutory and Other Offces Remuneration (Executives) Amendment 1989
SCHEDULE 1 - AMENDMENTS RELATING TO CHIEF EXECUTIVE
AND SENIOR EXECUTIVE OFHCE HOLDERS - continued
Omit "Commissioner for Corporate Affairs.".
Omit "Director of the State Pollution Control Commission.".
Omit "Managing Director of the Waste Management
Authority of New South Wales.".
Omit "Deputy Managing Director of the Waste Management
Authority of New South Wales.".
Omit "Director of National Parks and Wildlife.".
Omit "Chairman of the Ethnic Affairs Commission of New
South Wales.".
Omit "Chairman of New South Wales Meat Industry
Authority.".
Omit "Chairman of the Council of Auctioneers and Agents.".
Omit "Director of the Legal Aid Commission of New South
Wales.".
Omit "Director of Environment and Planning.".
| Omit | "Director | of | Equal | Opportunity | in | Public |
Employment".
Omit "Managing Director of the New South Wales Egg
Corporation.".
Omit "General Manager of the Tourism Commission of New
South Wales.".
Omit "General Manager of the New Darling Harbour
Authority.".
Omit "President of the State Authorities Superarm nation
Board.".
| Omit | "Vice-President | of | the | State | Authorities |
Superannuation Board.".
Omit "Full-time member of the State Authorities
Superannuation Board, other than President and
Vice-President".
Omit "General Manager of the Motor Accidents Authority.".
Omit "Deputy General Manager of the Motor Accidents
Authority.".
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Statutory and Other Of^ces Remuneration (Executives) Amendment 7959
SCHEDULE 1 - AMENDMENTS RELATING TO CHIEF EXECUTIVE
AND SENIOR EXECUTIVE OFFICE HOLDERS - continued
Omit "General Manager of the Workers Compensation and
Rehabilitation Authority.".
Omit "Deputy General Manager of the Workers
Compensation and Rehabilitation Authority.".
Omit "Chief Executive of the New South Wales Rural
Assistance Authority.".
| (3) | Schedule 3, Part 2 (Public Offices); |
Omit "Deputy Chairman of the Ethnic Affairs Commission of
New South Wales.".
Omit "Commissioner of the Ethnic A ^ irs Commission of
New South Wales, other than the Chairman and Deputy
Chairmaa".
SCHEDULE 2 - CONSEQUENTIAL AND OTHER AMENDMENTS
(Sec. 3)
| (1) | Section 3 (Division of Act): |
Omit the section.
(2) Section 4 (Definitions):
Section 4 (1), definitions of "allowance", "determination",
"office holder", "remuneration":
Omit the definitions.
(3) Section 6 (Statutory and Other Offices Remuneration
Tribunal):
Section 6 (4) (a);
Omit the paragraph, insert instead;
| (a) | an office holder (within the meaning of Part 3) or an executive office holder (within the meaning of Part 3A); |
Statutory and Other OJ^ces Remuneration (Executives) Amendment 1989
SCHEDULE 2 - CONSEQUENTIAL AND OTHER AMENDMENTS
- continued
(4) Section 7 (Assessors):
(a) Omit "2 assessors", insert instead "3 assessors".
| (b) | Section 7 (1) (al); After section 7 (1) (a), insert |
| (a l) | another of whom shall be the Director-General of the Premier’s Department; and |
| (c) | Section 7 (4): After section 7 (3), insert |
| (4) | An assessor referred to in subsection (1) (a) or (a l) |
may appoint a deputy and, in the absence of the assessor, the
deputy may act as an assessor.
(5) Part 3, heading:
Omit the heading, insert instead;
PART 3 - REMUNERATION OF OFFICE HOLDERS
(OTHER THAN CHIEF EXECUTIVE OR SENIOR
EXECUTIVE OFFICE HOLDERS)
(6) Section lOA
Before section 11, insert
Definitions: Part 3
lOA In this Part
"allowance" does not include a travelling or subsistence
allowance;
"determination" means a determination made by the
Tribunal under section 13, 14, 15 or 15 A;
"office holder" means the holder of an office specified in
Schedule 1, 2 or 3;
"remuneration" means remuneration by way of salary or
allowances payable in money to an office holder.
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(7) Section llA ;
After section 11, insert
Employment benefits for non-judicial office holders
l l A (1) This section applies to office holders (other than office holders who are judicial officers within the meaning of the Judicial Officers Act 1986) who are nominated by the Minister by notice in writing to the Tribunal for the purposes of this section.
(2) A determination of the remuneration to be paid to office holders to whom this section applies must fix the remuneration as a single amount without reference to salary or allowances.
(3) An office holder to whom this section applies is entitled to be provided with employment benefits (within the meaning of Division 4 of Part 2A of the Public Sector Management Act 1988) i£
| (a) | the office holder elects by notice in writing to the Minister to be provided with those employment benefits; and |
(b) the Minister approves of that election; and
| (c) | the remuneration otherwise payable to the office holder under section 11 is reduced by the cost of those employment benefits (being the cost determined under that Division of similar employment benefits provided to an executive officer under that Division). |
(4) A nomination referred to in subsection (1) may be revoked at any time, but the revocation does not apply to the determination in force at the time of the revocation.
(5) An election referred to in subsection (3) (a) may, with the approval of the Minister, be revoked at any time.
(6) In the case of the holder of an office specified in Schedule 1:
Statutory and Other Offices Remuneration (Executives) Amendment 1989
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- continued
| (a) | a nomination referred to in subsection (1) may not be made or revoked without the approval of that office holder, and |
| (b) | an election referred to in subsection (3) (a) may be made or revoked without the Minister’s approval. |
| (7) | This section has effect despite anything to the contrary |
in this Part
(8) Section 16 (General provisions as to determinations):
After section 16 (1), insert
(1 A) A determination by the Tribunal of the remuneration to be paid to an office holder who is an officer in the Public Service may not be less than the maximum salary, at the time of the determination, for a clerk (grade 12) in the Public Service.
(9) Section 17 (Inquiries);
Section 17 (3):
After "functions", insert "under this Part".
[Ministers second reading speech made in -
Legislative Assemblyon 27 Lily 1989
Le^lative Council on 8 Aiffist 1989\
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