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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Salaries and Allowances Amendment (Debt and
Deficit Remediation) Bill 2017
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part I Division 1 heading inserted 2
Division 1 -- Preliminary
5. Part I Division 2 heading inserted 2
Division 2 -- Tribunal established
6. Part I Division 3 heading inserted 3
Division 3 -- Inquiries, determinations and reports
7. Section 8 amended 3
8. Section 10 amended 4
9. Part I Division 4 inserted 4
Division 4 -- No remuneration increases before
1 July 2021
10B. Term used: commencement day 4
10C. No increases in Governor's remuneration
before 1 July 2021 4
10D. No increases in remuneration under s. 6
before 1 July 2021 5
10E. No increases in judicial remuneration
before 1 July 2021 7
10F. No increases in remuneration of certain
executive officers of Government entities
before 1 July 2021 8
10G. Compensatory determinations after
1 July 2021 prohibited 10
10. Part I Division 5 heading inserted 10
Division 5 -- Miscellaneous
34--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Salaries and Allowances Amendment (Debt and
Deficit Remediation) Bill 2017
A Bill for
An Act to amend, for the purposes of debt and deficit remediation,
the Salaries and Allowances Act 1975 to prevent increases in the
remuneration of certain public offices.
The Parliament of Western Australia enacts as follows:
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 1
1 1. Short title
2 This is the Salaries and Allowances Amendment (Debt and
3 Deficit Remediation) Act 2017.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act amends the Salaries and Allowances Act 1975.
12 4. Part I Division 1 heading inserted
13 Before section 1 insert:
14
15 Division 1 -- Preliminary
16
17 5. Part I Division 2 heading inserted
18 After section 4 insert:
19
20 Division 2 -- Tribunal established
21
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 6
1 6. Part I Division 3 heading inserted
2 After section 5 insert:
3
4 Division 3 -- Inquiries, determinations and reports
5
6 7. Section 8 amended
7 (1) In section 8 delete "The Tribunal" and insert:
8
9 (1) The Tribunal
10
11 (2) At the end of section 8 insert:
12
13 (2) Despite subsection (1) --
14 (a) the Tribunal is not required to make an annual
15 determination under section 6(1), or an annual
16 report under section 7(1), before 1 July 2021;
17 and
18 (b) the Tribunal must not make a determination
19 under section 7C(2) that comes into operation
20 while section 10F applies.
21 (3) Subsection (2)(a) does not prevent the Tribunal from
22 making a determination or report referred to in that
23 subsection if the Tribunal considers the circumstances
24 require it.
25
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 8
1 8. Section 10 amended
2 In section 10(4)(d) delete "section 7C(2)." and insert:
3
4 section 7C(2) or the amount of remuneration to
5 be paid or provided to those officers as referred
6 to in section 10F(3).
7
8 9. Part I Division 4 inserted
9 After section 10A insert:
10
11 Division 4 -- No remuneration increases before
12 1 July 2021
13 10B. Term used: commencement day
14 In this Division --
15 commencement day means the day on which the
16 Salaries and Allowances Amendment (Debt and Deficit
17 Remediation) Act 2017 section 9 comes into operation.
18 10C. No increases in Governor's remuneration before
19 1 July 2021
20 (1) This section applies to a determination made by the
21 Tribunal under section 5A that comes into operation
22 before 1 July 2021.
23 (2) The Tribunal must not make a determination under
24 which the remuneration to be paid to the Governor is
25 more than the remuneration paid to the person who
26 held the office of Governor immediately before
27 commencement day.
28 (3) If immediately before commencement day there was a
29 vacancy in the office of Governor, the remuneration
30 determined by the Tribunal to be paid to the Governor
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 9
1 must not be more than the remuneration paid to the last
2 person to hold the office of Governor before
3 commencement day.
4 (4) If, as referred to in section 5A(3), the Tribunal
5 specifies in a determination a method of altering from
6 time to time the remuneration payable to the Governor,
7 the Tribunal must not specify a method that allows for
8 the remuneration of the Governor to be increased
9 before 1 July 2021.
10 (5) The regulations may prescribe a kind or class of
11 remuneration to which this section does not apply.
12 10D. No increases in remuneration under s. 6 before
13 1 July 2021
14 (1) In this section --
15 classification framework means a framework under
16 which the Tribunal, in respect of the offices referred to
17 in section 6(1)(d) --
18 (a) assesses the work value of each of the offices
19 using established principles and methodologies;
20 and
21 (b) based on that assessment, assigns each of the
22 offices to a level of classification, known as a
23 band; and
24 (c) specifies in respect of each band minimum and
25 maximum amounts of annual salary.
26 (2) This section applies to a determination made by the
27 Tribunal under section 6 that comes into operation
28 before 1 July 2021, other than a determination made
29 under section 6(1)(ea).
30 (3) The Tribunal must not make a determination under
31 which the remuneration to be paid or provided in
32 respect of an office or other position referred to in
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 9
1 section 6(1) is more than the remuneration paid or
2 provided in respect of the office or position
3 immediately before commencement day.
4 (4) If an office referred to in section 6(1)(d) or (e) was
5 vacant immediately before commencement day, unless
6 subsection (6) applies, the remuneration determined by
7 the Tribunal to be paid or provided in respect of the
8 office must not be more than the remuneration paid or
9 provided to the last person to hold the office before
10 commencement day.
11 (5) Subsection (6) applies if --
12 (a) an office referred to in section 6(1)(d) or (e)
13 was vacant immediately before commencement
14 day, and the last person to hold the office
15 before commencement day was not in office on
16 or after 1 July 2016; or
17 (b) the Tribunal has not previously determined the
18 remuneration to be paid or provided in respect
19 of an office referred to in section 6(1)(d) or (e),
20 for example because it is a new office.
21 (6) In determining the remuneration to be paid or provided
22 in respect of the office, the Tribunal --
23 (a) must, in the case of the first determination
24 made by the Tribunal after commencement day,
25 take into consideration the remuneration paid or
26 provided immediately before commencement
27 day in respect of other offices with which the
28 office is comparable; and
29 (b) must not, in the case of any subsequent
30 determination, determine remuneration that is
31 more than the remuneration determined by the
32 Tribunal in accordance with paragraph (a).
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
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1 (7) If a determination made by the Tribunal includes a
2 classification framework in respect of the offices
3 referred to in section 6(1)(d) --
4 (a) the principles and methodologies the Tribunal
5 uses to assess the work value of each of the
6 offices must not differ from the principles and
7 methodologies the Tribunal used immediately
8 before commencement day; and
9 (b) the number of bands in the classification
10 framework must not differ from the number of
11 bands in the classification framework that
12 applied immediately before commencement
13 day; and
14 (c) the minimum and maximum amounts of salary
15 specified in respect of a band must not differ
16 from the minimum and maximum amounts of
17 salary that applied in respect of that band
18 immediately before commencement day.
19 (8) Nothing in this section prevents the Tribunal from
20 determining to increase the remuneration to be paid or
21 provided in respect of an office referred to in
22 section 6(1)(d) as a consequence of the Tribunal
23 assigning the office to a higher level of classification
24 under a classification framework included in a
25 determination.
26 (9) The regulations may prescribe a kind or class of
27 remuneration to which this section does not apply.
28 10E. No increases in judicial remuneration before
29 1 July 2021
30 (1) This section applies to a report made by the Tribunal
31 under section 7 that comes into operation before
32 1 July 2021.
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 9
1 (2) The Tribunal must not make a report under which the
2 remuneration recommended to be paid or provided in
3 respect of an office referred to section 7(1) is more
4 than the remuneration paid or provided in respect of the
5 office immediately before commencement day.
6 (3) The regulations may prescribe a kind or class of
7 remuneration to which this section does not apply.
8 10F. No increases in remuneration of certain executive
9 officers of Government entities before 1 July 2021
10 (1) In this section --
11 entity means an entity that is specified in column 1 of
12 Schedule 2;
13 executive officer, of an entity, has the meaning given
14 in section 7C(1) and (4).
15 (2) This section applies until the beginning of 1 July 2021.
16 (3) If, on or after commencement day, an entity is
17 prescribed by the regulations for the purposes of
18 paragraph (b) of the definition of Government entity in
19 section 7C(1), the Tribunal is to inquire into and
20 determine the amount of remuneration to be paid or
21 provided to executive officers of the entity.
22 (4) The amount of remuneration the Tribunal determines
23 under subsection (3) in respect of an executive officer
24 of an entity must not be more than the amount of
25 remuneration that was paid or provided to the person
26 who held the office immediately before
27 commencement day.
28 (5) If, in respect of an executive officer of an entity, there
29 was no person holding the office immediately before
30 commencement day, the Tribunal --
31 (a) must, in the case of the first determination
32 made by the Tribunal under subsection (3) in
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 9
1 respect of the executive officer, take into
2 consideration the remuneration paid or
3 provided immediately before commencement
4 day in respect of executive officers of other
5 entities with which the entity is comparable;
6 and
7 (b) must not, in the case of any subsequent
8 determination under subsection (3), determine
9 remuneration that is more than the
10 remuneration determined by the Tribunal in
11 accordance with paragraph (a).
12 (6) Section 6(2) and (3) apply to a determination under
13 subsection (3).
14 (7) Once the Tribunal has made its first determination
15 under subsection (3) in respect of an executive officer
16 of an entity, the Tribunal may make subsequent
17 determinations under that subsection in respect of the
18 executive officer if it considers the circumstances
19 require it, but nothing in this section requires the
20 Tribunal to do so.
21 (8) While this section applies --
22 (a) a provision in the written law under which an
23 entity is established that provides for the
24 entity's governing body to set the remuneration
25 of an executive officer within the range
26 determined by the Tribunal under section 7C(2)
27 does not apply; and
28 (b) the executive officer is to be paid or provided
29 the remuneration determined by the Tribunal
30 under subsection (3).
31 (9) A determination made under subsection (3) in respect
32 of an executive officer of an entity, and in force when
33 this section ceases to apply, continues to apply in
34 respect of the executive officer until the remuneration
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Salaries and Allowances Amendment (Debt and Deficit Remediation)
Bill 2017
s. 10
1 of the executive officer is determined in accordance
2 with section 7C and the written law under which the
3 entity is established.
4 (10) The regulations may prescribe a kind or class of
5 remuneration to which this section does not apply.
6 10G. Compensatory determinations after 1 July 2021
7 prohibited
8 (1) This section applies to a determination or report of the
9 Tribunal that comes into operation on or after
10 1 July 2021.
11 (2) The Tribunal must not make a determination under
12 section 5A, 6, or 7C, or a report under section 7, which
13 has the effect of providing for the payment or provision
14 of remuneration on the basis that the remuneration was
15 not paid or provided before 1 July 2021 by reason of
16 the operation of section 10C, 10D, 10E or 10F (as the
17 case requires).
18
19 10. Part I Division 5 heading inserted
20 Before section 11 insert:
21
22 Division 5 -- Miscellaneous
23
24
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