Queensland Numbered Acts Queensland Numbered ActsAfter section 250--
insert--
'The Local Government Remuneration Tribunal is established.
'The remuneration tribunal has the following functions--
(a) to establish categories of local governments;
(b) to categorise local governments according to the established categories;
(c) to decide remuneration to be paid to councillors, including mayors and deputy mayors;
(d) the other functions that the Minister directs the remuneration tribunal to perform.
'(1) The remuneration tribunal consists of 3 persons, made up of a chairperson and 2 other members.
'(2) Each member of the remuneration tribunal is to be appointed by the Governor in Council for a term of not more than 3 years.
'(3) A person is qualified for appointment as a member only if the person--
(a) has extensive knowledge of and experience in 1 or more of the following--
(i) local government;
(ii) public administration;
(iii) law;
(iv) public finance;
(v) industrial relations;
(vi) community affairs; or
(b) has other knowledge and experience the Governor in Council considers appropriate.
'(4) A person stops being a member if the person--
(a) resigns by signed notice of resignation given to the Minister; or
(b) completes a term of office but is not reappointed; or
(c) is removed as a member by the Governor in Council for misbehaviour or physical or mental incapacity; or
(d) can not continue as a member under section 250AD.
'A person can not become, or continue as, a member of the remuneration tribunal if the person--
(a) is, or becomes--
(i) a councillor or an employee of a local government; or
(ii) a director of a significant business entity; or
(iii) a contractor of a local government; or
(iv) a consultant engaged by a local government; or
(b) is, or becomes, an insolvent under administration within the meaning of the Corporations Act, section 9; or
(c) is, or has been, convicted of an indictable offence and the conviction is not a spent conviction.
'(1) A member of the remuneration tribunal is entitled to be paid the remuneration and allowances decided by the Governor in Council.
'(2) A person appointed as a member is eligible for reappointment.
'(3) A member of the remuneration tribunal holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
'(4) If a commissioner under the Industrial Relations Act 1999 is appointed as a member, the person's appointment does not entitle the person to any remuneration or allowance in addition to the person's salary or allowance as the holder of the person's office as a commissioner.
'(5) However, the person is entitled to be paid expenses reasonably incurred by the person in performing the functions of a member.
'(1) The remuneration tribunal may, for performing its functions effectively and efficiently, enter into a work performance arrangement with the chief executive.
'(2) A work performance arrangement may make provision for all matters necessary and convenient to be provided under the arrangement, including providing for--
(a) the appointment of a public service employee to an office, and the holding of the office by the person, for the arrangement; and
(b) the authorising of a public service employee to exercise powers for the arrangement.
'(3) If a public service employee performs work for the remuneration tribunal under a work performance arrangement, the person--
(a) is not employed by the remuneration tribunal; and
(b) remains an employee of the department.
'(4) To remove any doubt, it is declared that the remuneration tribunal is not authorised to employ a public service employee performing work for the remuneration tribunal under a work performance arrangement.
'(5) In this section--
work performance arrangement means an arrangement under which a public service employee of the department performs work for the remuneration tribunal.
'(1) Subject to subsections (2) and (3), meetings of the remuneration tribunal are to be held at the times and places it decides.
'(2) A member of the remuneration tribunal may call a meeting at any time by giving the other members of the remuneration tribunal at least 7 days written notice of the meeting.
'(3) If the Minister asks the remuneration tribunal to discuss a local government matter, a meeting of the remuneration tribunal to discuss the matter must be held within 14 days after the Minister's request.
'(1) The remuneration tribunal must establish categories of local governments for this division.
'(2) The purpose of establishing categories of local governments is to enable the remuneration tribunal to decide the remuneration that may be paid to mayors and other councillors of local governments in each category of local government.
'For establishing categories of local governments, the remuneration tribunal must having regard to the following criteria--
(a) the size, and geographical and environmental terrain, of local government areas;
(b) the populations of local government areas, including the areas' demographics, the spread of populations serviced by the local governments and the extent of the services the local governments provide;
(c) the size of local governments and the workload associated with particular sizes, including whether councillors of the local governments hold office on a full-time or part-time basis;
(d) the diversity, including cultural diversity, of local governments' communities;
(e) the extent of development of local government areas, including economic and community development, infrastructure and industry;
(f) other matters the remuneration tribunal considers relevant to the effectiveness, efficiency and sustainability of local governments;
(g) other matters prescribed under a regulation.
'(1) The remuneration tribunal must, for each local government, decide the category of local government to which the local government belongs.
'(2) When making a decision about a local government under subsection (1), the remuneration tribunal must have regard to the criteria it used for establishing categories of local governments.
'(3) The remuneration tribunal must, at least every 4 years, review the categories of local governments established under section 250AH.
'(4) After reviewing the categories, the remuneration tribunal must--
(a) decide whether to amend the established categories; and
(b) if any category of local government is amended, again decide the categories of any local governments affected by the amendment.
'(1) The remuneration tribunal must, on or before 1 December in each year and for each category of local government, decide the remuneration that may be paid in the following year to--
(a) a councillor, other than a mayor, of a local government in the category; and
(b) to a mayor of a local government in the category.
'(2) However, the remuneration decided under subsection (1) must not include any amount for expenses to be paid or facilities to be provided to a councillor of a local government under its expenses reimbursement policy.
'(3) The remuneration tribunal must prepare a schedule (the remuneration schedule) that lists the amounts decided under subsection (1) for each category of local government for the year to which it applies.
'(4) In making a decision under subsection (1), the remuneration tribunal must have regard to--
(a) the provisions of this Act about entitlements and responsibilities of councillors of local governments; and
(b) community expectations about what is appropriate remuneration in the circumstances.
'(1) This section applies if a local government considers that, having regard to exceptional circumstances that apply, a councillor of its local government is entitled to a different amount of remuneration from the remuneration stated in the remuneration schedule for the category of local government to which the local government belongs.
'(2) The local government may make a submission to the remuneration tribunal for approval to vary the remuneration that the councillor may be paid.
'(3) The remuneration tribunal may, but is not required to, consider the submission.
'(4) If the remuneration tribunal considers the submission and is satisfied that, having regard to the exceptional circumstances that apply, the councillor is entitled to a different amount of remuneration from that stated in the remuneration schedule, the remuneration tribunal may approve payment of the different remuneration.
'For performing its functions under this Act, the remuneration tribunal may make the inquiries it considers necessary.
'(1) When making inquiries, the remuneration tribunal--
(a) is not bound by technicalities, legal forms or rules of evidence; and
(b) may inform itself in any way the remuneration tribunal considers appropriate; and
(c) may decide the procedures to be followed; and
(d) may conduct any proceedings in the way the remuneration tribunal considers appropriate.
'(2) For subsection (1)(b), the remuneration tribunal may consult with persons as the remuneration tribunal considers appropriate.
'(3) If the remuneration tribunal is conducting an inquiry into a particular matter, the remuneration tribunal must--
(a) invite submissions on the matter from local governments, interested groups and persons and members of the public; and
(b) state the period within which submissions must be made.
'(4) Before making a decision about the matter, the remuneration tribunal must have regard to any submissions made to the remuneration tribunal within the stated period.
'(5) The remuneration tribunal may--
(a) require information or submissions to be presented in writing; and
(b) decide the matters on which information or submissions may be presented orally.
'(1) This section applies if--
(a) the remuneration tribunal is conducting an inquiry into a particular matter; and
(b) a member of the remuneration tribunal stops being a member and is replaced by another person who becomes a member.
'(2) The inquiry may be finished by the remuneration tribunal as reconstituted.
'(3) Any decision of the reconstituted remuneration tribunal in relation to a matter the subject of the inquiry has the same force and effect as if the membership of the remuneration tribunal had not changed.
'(1) The remuneration tribunal must prepare a written report each year on--
(a) the establishment of categories of local governments; and
(b) the category of local government to which each local government belongs; and
(c) the remuneration schedule for the year; and
(d) any approvals made under section 250AL in the previous year.
'(2) The report must be signed by each member of the remuneration tribunal.
'(3) The remuneration tribunal must, within 7 days after making a decision about the remuneration schedule for each year, give the report to the Minister.
'The Minister must, as soon as practicable after receiving the report--
(a) publish in the gazette--
(i) the categories of local governments established by the remuneration tribunal; and
(ii) the category to which each local government belongs; and
(iii) the remuneration schedule; and
(b) table the report in the Legislative Assembly.
'(1) A local government must adopt, by resolution, an expenses and provision of facilities policy (an expenses reimbursement policy) that complies with the requirements under the Act and any relevant guidelines issued by the chief executive.
'(2) The policy must provide for--
(a) payment to councillors of the local government of the reasonable expenses incurred, or to be incurred, by the councillors for discharging their duties and responsibilities as councillors; and
(b) the provision of facilities to the councillors for that purpose.
'(3) An expenses reimbursement policy adopted by the local government must be notified as required under this division.
'(1) A local government may amend, by resolution, its expenses reimbursement policy.
'(2) The amendment of the policy must be notified as required under this division.
'(1) As soon as practicable after a local government adopts its expenses reimbursement policy, the local government must give public notice of the policy.
'(2) The public notice must be published in a newspaper circulating generally in the local government area.
'A local government must not resolve under section 463 that a meeting at which a proposed expenses reimbursement policy is discussed, or an expenses reimbursement policy is adopted or amended, be closed.'.