Temporary Reduction of Remuneration (Senior Public Officers) Act 1983 (WA)

WESTERN AUSTRALIA

TEMPORARY REDUCTION OF

REMUNERATION (SENIOR PUBLIC

OFFICERS) ACT 1983.

(No. 7 of 1983)

ARRANGEMENT.

PART I—PRELIMINARY.

Section.

1. Short title.

2. Commencement.

3. Application.

4. Interpretation.

5. Relationship of this Act to other legislation and to the Crown.

PART II—REDUCTION OF REMUNERATION.

6. Temporary reduction of remuneration.

7. Treasurer may exempt, etc.

8. Subsequent increases calculated with respect to notional remuneration.

9. Disposal of amounts of remuneration not paid.

10. Retrospective restoration prohibited.

PART III—REMUNERATION REDUCTION AND

SUPERANNUATION BENEFITS.

11. Effect on section 12 of Parliamentary Superannuation Act 1970.

12. Determination of salary of member for calculation of benefits under Parliamentary Superannuation Act 1970.

13. Salary for purposes of Judges' Salaries and Pensions Act 1950.

14. Contributors under Superannuation and Family Benefits Act 1938.

15. Employers' contributions to other superannuation schemes.

PART IV—MISCELLANEOUS.

16. Weekly earnings for workers' compensation purposes.

17.

Governor may amend Act to remove anomalies. SCHEDULE 2—Determination of amount of Remuneration Reduction

WESTERN AUSTRALIA.

TEMPORARY REDUCTION

OF REMUNERATION

(SENIOR PUBLIC OFFICERS).

No. 7 of 1983.

AN ACT to reduce temporarily in the public interest the remuneration payable to certain employees and the holders of certain offices within the public sector of the State; and for purposes related or incidental thereto.

[Assented to 28 August 1983.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Temporary Sbort title.

Reduction of Remuneration (Senior Public Officers)

Act 1983.

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Commence-

ment.

2. (1) This Act shall come into operation on 1

September 1983.

(2) The Governor may from time to time by proclamation provide

(a)	that all or any of the provisions of this Act which are for the time being in operation shall cease to be in operation; or
(b)	before 1 September 1984, that all or any of the provisions of this Act which are no longer for the time being in operation shall come into operation again,

on such day or days as is or are respectively fixed

by proclamation.

(3) Nothing in subsection (2) shall enable the continuing application of section 6 to the remunera- tion payable to any affected person after the expiry of the period of application provided for in relation to the remuneration of the affected person in that section.

Application.

3. (1) This Act applies to and in relation to any

person who-

(a) (i) is a Government officer, within the meaning given to that term by section 96 of the Industrial Arbitration Act 1979;

(ii) holds or acts in or performs the duties of an office for which the remuneration payable is determined or recommended pursuant to the Salaries and Allow- ances Act 1975;

(iii) is employed as teaching staff, within the meaning given to that term by section 4 of the Government School Teachers Arbitration and Appeal Act 1979;

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(iv) is a member of the academic staff of a post-secondary education institution, within the meaning given to that term by section 4 of the Western Australian Post-Secondary Education Commission Act 1970;

(v) is appointed or employed by

(I)

The Western Australian Govern- ment Railways Commission; or

(II)

The State Energy Commission of

Western Australia;

(vi) is an officer or employee in either House of Parliament

(I)	under the separate control of the President or Speaker or under their joint control;

(II) employed by a Committee appointed pursuant to the Joint Standing Rules and Orders of the Legislative Council and the Legislative Assembly; or

(III)

employed by the Crown;

(vii) is an officer or employee on the Governor's Establishment;

(viii) is a member of or employed by a public

authority; and

(ix) any other person who is employed by the Crown in right of the State; and

(b)	who, but for this Act, would be entitled to notional remuneration payable at a rate exceeding $29 500 per year.

(2) Notwithstanding subsection (1), this Act shall not apply to or in relation to

(a) Judges of the Supreme Court;

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(b)	District Court Judges;
(c)	Judges of the Family Court of Western Australia;
(d)	a Master of the Supreme Court;
(e)	the Chairman of the Workers' Compensa- tion Board and a Chairman of a Supple- mentary Workers' Compensation Board;
(f)	stipendiary magistrates;
(g)	the Chairman of the Licensing Court of Western Australia;
(h)	the President of The Western Australian Industrial Commission; or

(i) academic, non-academic and other staff of-

(i) The University of Western Australia;

(ii) Murdoch University;

(iii)

Western Australian Institute of

Technology;

(iv)

Western Australian College of

Advanced Education.

Interpreta-

tion.

4. (1) In this Act, unless the contrary intention appears

"affected person" means a person to whom this Act applies by virtue of section 3;

"court" includes

(a)	the Supreme Court, The District Court of Western Australia and a local court;

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(b)	The Western Australian Industrial Commission, the Western Australian Industrial Appeal Court, and any member of that Commission or that Court, and any industrial magistrate or other person exercising a power under the Industrial Arbitration Act 1979;

under-

(i)	the Salaries and Allowances Act 1975;

(ii) the Public Service Act 1978;

(iii)

the Public Service Arbitration

Act 1966;

(iv) the Government School Teachers Arbitration and Appeal Act 1979;

(v)

the Western Australian Coal

Industry Tribunal Act 1978;

(vi)

the Railways Classification

Board Act 1920; or

(vii)

the State Energy Commission

Act 1979; and

(d)	a Minister of the Crown in right of the State;

"member" in relation to a public authority

means

(a)	any member of the authority whether known as member, commissioner, councillor, trustee, director, or by any other title;
(b)	any deputy, alternate or acting member of the authority,

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and includes a person holding the office of

chairman or president of the authority;

"public authority" means the Governor in Executive Council, any Minister of the Crown in right of the State, Government department, State trading concern, State instrumentality, State agency, or any public statutory body, corporate or unincorporate, established by or under a law of the State;

"remuneration" means any wage, salary, emolument or earnings and includes any allowances, gratuities, or bonuses;

"Schedule" means Schedule to this Act;

"section" means section of this Act;

"subsection" means subsection of the section in which the term is used.

(2) In this section "allowances" excludes those allowances set out in Schedule 1.

(3)	The Governor may, by regulation, vary or add

to Schedule 1.

Subject to subsections (5) to (8) inclusive, in this Act "notional remuneration" means the rate of annual remuneration to which a person of the category or description referred to in section 3 (1) (a) is entitled on 1 September 1983 or, if a National Wage Case decision is announced by the Australian Conciliation and Arbitration Commission on a day in August 1983, on the day before that decision becomes operative if that day is before 1 September 1983.

(4)

(5) The notional remuneration of a person as provided in subsection (4) is subject to increase on account of incremental progression, promotion, reclassification of position or office, eligibility for allowances, increased allowances or new allowances but in every case, the notional remuneration shall be calculated with respect to the levels of remunera- tion applicable on the day fixed by subsection (4).

1983.]

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In the case of a person who becomes a person of the category or description referred to in section 3 (1) (a) after the commencement of this Act, his notional remuneration shall be determined, so far as is practicable, by reference to the rate or rates of annual remuneration which would have been applicable in his case had he been a person of that category or description when the Act came into operation.

(6)

(7) In the case of a person of a category or description described in section 3 (1) (a) who is employed on a part-time basis, his notional remuneration shall be determined as if the person were employed on a full-time basis.

If a doubt or dispute arises concerning the notional remuneration of a person of a category or description described in section 3 (1) (a), the Treasurer shall determine the notional remuneration of that person according to the spirit of this Act and in an equitable manner after giving the person concerned the opportunity to make submissions in writing; and a determination made by the Treasurer under this subsection shall be final.

(8)

5. (1) Effect shall be given to this Act notwith- Ofell'itijsta

standing anything, whether express or implied, in f:gtilaetri o n

any other Act or in any proclamation, regulation, 'Crilgthe

rule, order or by-law or in any judgment, determina-

tion, order or award of any court or tribunal, or in

any agreement, whether oral or written, or in any

deed or other instrument.

(2) This Act binds the Crown in right of the

State.

PART II-REDUCTION OF REMUNERATION.

6. (1) Subject to this Act, a court shall not Temporary

order, award or enforce the payment of and, except rtmu. nera-

as otherwise authorized under this Act, there shall

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not be paid or agreed to be paid to an affected person by way of remuneration for his personal service such portion of the remuneration which would otherwise be payable to him except for this section as is determined from time to time in accordance with this section and Schedule 2.

(2)

This section shall apply in respect of every instalment of the remuneration payable to an affected person with effect from the day of commencement of the first pay period of the affected person beginning on or after 1 September 1983 and ending with the last pay period of that person ending within 12 months from such day of commencement, except that where a person becomes an affected person at some time after 1 September 1983 this section shall cease to apply with respect to his remuneration after the last pay period of that person ending within 12 months from the day when the section would have commenced to apply to his remuneration if he had been an affected person of the same category or description at that time.

(3) Subject to subsections (4) and (5), this section shall apply with respect to the remuneration payable to an affected person whether the person is on duty or on leave during the relevant period.

(4) Notwithstanding subsection (2), this section shall not have effect so as to reduce the remuneration otherwise payable to or in respect of an affected person in respect of annual or any other kind of leave due to the person upon the termination of his service.

(5) Notwithstanding subsection (2), this section shall not have effect so as to reduce the remuneration otherwise payable to an affected person in respect of a period when he is on long service leave.

(6) Where the remuneration payable to an

affected person includes an allowance of a kind

that is tied to or calculated in relation to the level

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or rate of remuneration payable to the person, such an allowance shall during such period as the remuneration of the person is subject to reduction under this Act, be tied to or calculated in relation to the level or rate of remuneration payable to the person after giving effect to the remuneration reduction provided for by this Act.

Treasurer

7. (1) Where the Treasurer is satisfied that the reduction in remuneration provided for by section 6 has caused or is likely to cause financial hardship to an affected person in a particular case, the Treasurer may

may

exempt. etc.

(a)	exempt the affected person from the application of that section to the remunera- tion otherwise payable to him;
(b)	reduce the rate or amount of remuneration reduction otherwise applicable to the remuneration payable to that affected person; or
(c)	without prejudice to any other power that may exist, authorize or direct that a loan be offered to the affected person on such terms and conditions as may be specified in the authority or direction,

and notice of the numbers (but not names) of persons who are the subject of exemption or reduction of the rate or amount of remuneration reduction under this subsection shall be published in the Gazette.

(2) Where the Treasurer is satisfied that excep- tional circumstances appertain, the Treasurer may, by order published in the Gazette, exempt any class or classes of affected person from the application of section 6 to the remuneration otherwise payable to such class or classes of person.

(3)	The Treasurer may, by order published in the

Gazette, vary or cancel any order made by him under this section.

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Remuneration (Senior Public Officers).

Subsequent

Increases	8. Except insofar as express provision is made
calculated

viltb	to the contrary in section 6 or 10, nothing in this
respect to
notional	Act shall be taken to prevent or affect the exercise
remunera-
tion.	of any power or the performance of any duty by a court with respect to the remuneration payable or to be payable at any time to an affected person and in the exercise of such a power or the performance of such a duty a court shall have regard to the notional remuneration of affected persons together with any increase of remuneration that may have occurred and shall not have regard to either the fact or the amount of remuneration not paid by virtue of section 6.
Disposal of
amounts of	9. (1) Every public authority, other than an solidated Revenue Fund, shall ensure that adequate and proper steps are taken to identify, quantify and maintain records of the amounts of money saved by that authority by reason of compliance with section 6 and shall make reports of such matters in accord- ance with the regulations to the Treasurer and to the Minister who has responsibility for that authority.
remunera-
tion not	authority which is financed directly from the Con-
paid.
(2) A public authority to which subsection (1) applies may make recommendations to the Treasurer concerning the purposes to which and the manner in which the savings referred to in subsection (1) should be applied.

The Treasurer may, in writing signed by him, direct a public authority to which subsection (1) applies to apply all or part of the savings referred to in that subsection to one or more of the follow- ing purposes

(3)

(a)	as a payment to the Consolidated Revenue Fund; or
(b)	to be carried forward as a credit in the accounts of the authority against operating costs in the year ending June 1985 as a means of restraining increases in charges for services provided by the authority.

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10.	A court is not empowered at any time to make Re	Retrospective
Retrospective

an award, order or determination of such a kind or	Proh	bted	i
to such an effect that, after section 6 ceases to apply to the remuneration payable to an affected person, any amount of money being equivalent to all or part of the remuneration not paid to the affected person in accordance with that section is restored to that person.

PART III-REMUNERATION REDUCTION AND

SUPERANNUATION BENEFITS.

(1) In respect of such period as the Z=02 remuneration payable to a member of the Legislative ?a= Council or the Legislative Assembly of Western Z=2ti„ Australia is subject to reduction under this Act, Act 1970.

11.

the Treasurer shall pay into the Parliamentary Superannuation Fund maintained under the Parliamentary Superannuation Act 1970, not later than 14 days after the end of each month, in addition to the sum provided for by section 12 (1) (a) of that Act, the additional sum which would have been payable under that provision if the contributions paid to that Fund by members had not been reduced in consequence of the reduction of the remuneration of such members under this Act.

(2) All payments to be made under this section by the Treasurer shall be paid from the Consolidated Revenue Fund which is hereby appropriated accordingly.

12.

For the purposes of determining the pension [Digfrorla- and other benefits to which a person is or becomes gleanl&Ifor entitled under Part IV of the Parliamentary Super- g,faWetgl annuation Act 1970, the salary of the relevant 1,,,Agsaent_ member of the Legislative Council or Legislative super-

Assembly of Western Australia shall be deemed to aAigiago	. n
have been unaffected by this Act.

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Salary for

purposes of	13. The salary of a person at a particular time
Judges'

Salaries and	shall be determined for the purposes of the Judges'
Pensions
Act 1950.	Salaries and Pensions Act 1950 in all respects as if this Act had not been enacted.
Contributors

under	14. (1) Notwithstanding any express or implied
Super-

annuation	provision to the contrary in the Superannuation and
and
Family	Family Benefits Act 1938, where an affected person
Benefits
Act 1938.	is or becomes a contributor under that Act, the provisions of this section shall apply and the Super- annuation Board is authorized and directed to give effect to the apparent intention and spirit of this section and accordingly the Superannuation and Family Benefits Act 1938 shall be construed subject to any necessary modifications with respect to such persons.
(2) The Consolidated Revenue Fund is hereby appropriated to the extent necessary to give effect to this section.

Without prejudice to the application of section 39 of the Superannuation and Family Benefits Act 1938, during any period when the remuneration payable to an affected person is subject to reduction under this Act, the maximum number of units of pension in respect of which the person may contribute shall have relation to the notional salary of the person.

(3)

(4) References in the Superannuation and Family Benefits Act 1938 to the primary unit entitlement or the total unit entitlement in relation to a contri- butor who is an affected person shall be construed and the appropriate entitlement shall be calculated having regard to the notional salary of the person.

(5) Notwithstanding subsections (3) and (4), an

increase in the remuneration payable to a person

in consequence of the cessation of a reduction in

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remuneration provided for by this Act shall, for the purposes of section 37 (10) of the Superannuation and Family Benefits Act 1938, be regarded as an increase of salary by reason of which there is an increase in total unit entitlement.

Where a contributor, or his widow, becomes entitled to a pension or benefit under the Super- annuation and Family Benefits Act 1938 at a time when the remuneration payable to the contributor is subject to reduction under this Act, the state share of the pension or benefit payable to the contributor or widow shall be calculated and paid as if (whether it is the case or not) the contributor had been contributing immediately prior to his retirement, or death, for a number of units not less than the number equal to his primary unit entitlement calculated in relation to the notional salary of the contributor.

(6)

(7)

Subsection (6) shall not apply in the case of a contributor for a number of units less than the primary unit entitlement appropriate to his rate of salary after effect is given to the reduction of remuneration provided for by this Act.

(8)

In this section, "notional salary" means the amount which would have been the salary of the contributor for the purposes of the Superannuation and Family Benefits Act 1938 if this Act had not been enacted.

15. The employer of an affected person which immediately before the commencement of this Act	Employers'
contribu-
tions to
other
or thereafter contributes to a superannuation or	super-
annuation
similar scheme in respect of that person, other	schemes.
than a scheme referred to in section 11 or 14, is authorized to and shall, unless the affected person directs otherwise, during and with respect to the period when the remuneration of that person is

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subject to reduction under this Act contribute to that scheme at a level or rate as if the remuneration of that person had not been the subject of reduction under this Act.

PART III-MISCELLANEOUS.

Weekly

earnings for

Workers'	16. (1) Notwithstanding any express or implied
Compensa-

tion	provision to the contrary in the Workers' Compensa-
purposes.	tion and Assistance Act 1981, the provisions of this section shall apply and that Act shall be construed subject to necessary modifications in such a way as to give effect to the intention that compensation otherwise payable under that Act to persons who would be affected persons except for their incapacity shall be reduced to any extent that may be necessary to ensure that such persons entitled to compensation under that Act are not placed at an advantage over affected persons.
(2) Notwithstanding any express or implied provi- sion of the Workers' Compensation and Assistance Act 1981, for the purposes of that Act, "weekly earnings"

(a)	shall be calculated, in relation to a person who at the time of disability is an affected person, after taking into account the reduction in remuneration provided for by this Act; and
(b)	in any case, shall be subject to variation-

(i) from the date of;

(ii) after taking into account; and

(iii) for the duration of,

any remuneration reduction to which the person would have been subject by reason of this Act.

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Governor

17. The Governor may

may

amend Act

to remove

anomalies.

(a)	make such regulations as are necessary or convenient for giving effect to the purposes of this Act; and
(b)	make regulations prescribing all matters that are required or permitted by this Act to be prescribed.

SCHEDULE 1.

(Section 4)

Excluded Allowances.

All allowances paid under the Salaries and Allowances Act

1975 Abattoir Accommodation

Air Tight Compartments

Aluminium Welding

Annual Leave Loading

Asbestos

Asbestos Handling

Ashes on Ships

Availability

Bagging Concrete and Brick

Bicycle

Bilges

Bitumen and Tar Work

Boilers and Ships Sides

Boilers Cleaning

Boiler Work

Bunkers

Buoy Lifting

Buoys, Servicing of

Caisson

Call Back

Camping

Casual Loading

Civilian Clothing

Chain Lockers

Child

Cleaning Down Brickwork

Cleaning Engine Crankcases

Cleaning Inside the Casing of Internal Combustion

Engines

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Cleaning Out Ships Holds

Cleaning Tank Tops and Tunnel Wells

Cleaning Boiler Tubes

Clothing, Loss of

Coffer Dams

Commuted Overtime

Composite Disability

Composition or Cement Flooring, Removal of

Confined Space

Condemned Lambs and Goats

Deceased Cattle

Depreciation, Accelerated

Detention

Diesel Engine Ships

Dirt Money

Disabilities

Distant Work

Disturbance

District

Diving and Flying

Double Bottom Tanks

Driving Caravan

Dry Cutting and Polishing Tiles

Dust Allowance

Electrical

Electronic Generator

Escorting Lepers

Excess Fares

Expense of Office

Fares and Travelling

Firefighting

Flint Coating

Floating Plant

Footwear

Foul Linen

Foundry

Fresh Water Tanks

Fuel Tanks

Fumes

Furnace Work

Grain Dust

Guniting

Heat

Heavy Cattle

Height Money

1983.]

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Hospital Environment

Hot Work

Incinerator

Injured, Diseased and Dirty Sheep

Inner London Weighting

Insulation, Preparation of

Insulation Work

Late Castrated Ram or Stag

Laundry

License, Loss of

Lime and Cement Work

London Representation

Maintenance of Turf Wicket

Manure, Handling of

Meal

Mixing Concrete

Mixing Poisonous Mixtures

Morgue

Motor Vehicle

Objectionably Dirty Cattle

Oil Tanks and Boilers

On Call

Opening and Closing

Overtime Penalties

Painters—No Respirators

Painting with a Wide Brush

Percussion and Explosion

Percussion and Explosive Tool

Pesticides

Plumber—Ship Work

Plumber—Under Plates

Plumbers on Sewerage Work

Pneumatic Chipping Machines or Jackhammers, Use of

Post Mortem

Prickle Bush

Prison Environment

Prison Officers Employed at Pardelup

Prisoners Rations

Property

Protective Clothing

Rain

Rations—Native Trackers

Refrigerated Chambers

Relieving

Removal

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Remuneration (Senior Public Officers).

Rent Subsidy

Res-q-steel or Compositions of a Similar Nature

Rock Quarries and Sandpits

Roof Repairing

Rosbinite

Sandblasting

Sanitary Plumbing

Scavenger Trunkways

Second Hand Timber, Working of

Sewerage Work

Shift Loadings

Ship Repair

Slaughtering Nanny Goats

Smoke Boxes

Spraypainting

Standby

Steam Cleaning

Stonemason on Wall

Submarines, Working in

Swanbourne and Graylands

Tarring of Vessels

Tarring Pipes

Telephone

Throwing up Metal

Toilet Cleaning

Tokyo Child

Tokyo Local

Tokyo Rental

Tokyo Representation

Tokyo Special

Tool

Toxic Substances, Handling of

Transfer

Transom Spaces or in Peaks

Transport

Transport Workers Carting Tarred Metal and other

Explosive Material

Transport Workers unable to or has to sleep around trucks

and hut

Travelling

Tunnel

Under Boilers and Tunnels

Underground

Uniform and Boot

Uptake

VD Patients, Regularly Treating

1983.

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Victualling

Washing Dusters

Washing Towels

Water Over Boots

Weekend Penalties

Well Work

Wet Work

Window Cleaning

Work under Wharves

Zinc Spraying

SCHEDULE 2.

(Section 6)

Determination of amount of Remuneration Reduction.

1. In the case of all affected persons other than those described in clause 2 or 3 of this Schedule, the amount of remuneration not to be paid shall be determined as follows

(a)	where the notional remuneration of the affected person exceeds the rate of $29 500 per annum but does not exceed the rate of $33 500 per annum, the amount of remuneration not to be paid shall be 83.75 per cent of the amount by which his notional remuneration exceeds remuneration at the rate of $29 500 per annum;
(b)	where the notional remuneration of the affected person exceeds remuneration at the rate of $33 500 per annum, 10 per centum of his notional remuneration shall not be paid;
(c)	where the notional remuneration of an affected person who is employed on a part-time basis has been determined in accordance with section 4 ('7), the amount of remuneration not to be paid shall be determined taking into account the proportion which the number of hours actually worked bears to the number of hours worked by a comparable kind of person employed on a full-time basis.

2. In the case of a Minister of the Crown in right of the State and the Parliamentary Secretary of the Cabinet of the State, 12 per centum of the notional remuneration of the affected person shall not be paid.

3. In the case of the Premier of the State, 15 per centum

of his notional remuneration shall not be paid.