2002 Public Office Holders Report

1.

Section 13 of the Statutory and Other Offices Remuneration Act 1975, (the Act), requires the Statutory and Other Offices Remuneration Tribunal, to make a determination of the remuneration to be paid to office holders on and from 1 October in that year. "Remuneration" is defined in section 10A as salary or allowances paid in money.

2.

The Public Office Holders Group comprises those public offices, listed in the Schedules of the Act (except for the Judges Magistrates and Related Group), which have been grouped together by the Tribunal for remuneration purposes. The remuneration for this Group is determined as a fixed salary amount. Employer on costs such as Superannuation Guarantee Levy are, unlike the Senior Executive Service, additional to the salary amount determined. It is the Government's view that there be no direct nexus with the remuneration of the Judges Magistrates and Related Group. The Tribunal has supported this position in past Determinations.

3.

Since the last review, however, the Tribunal has undertaken extensive reviews of specific office holders who work directly within the judicial system. The office holders concerned were, the Deputy Directors of Public Prosecutions, Crown Prosecutors, Public Defenders, Commissioners Land and Environment Court and Commissioners, Industrial Relations Commission.

4.

These reviews revealed that increases in work value had occurred and as a result the Tribunal determined a new level of remuneration for the office holders concerned. The Tribunal also concluded that as a result of this review the remuneration for these office holders should be set in relationship with judicial remuneration levels. For remuneration purposes, therefore, these office holders, have been removed from the Public Office Holder Group and are now listed with the Judges Magistrates and Related Group.

5.

Since the last review the Tribunal has also made special determinations in respect of Members of the newly created Consumer Trader and Tenancy Tribunal. The Tribunal also made a new Determination in respect of the Motor Vehicle Allowance for those officers who, as part of their employment arrangements are provided with a motor vehicle at either no cost or minimal cost. In accordance with the Act all Reports and Determinations were tabled in Parliament and published in the Government Gazette.

6.

In December 2001 the Parliament passed the Statutory and Other Offices Remuneration Amendment Act 2001. This Act amended Section 13 by removing the requirement for the Tribunal to make its annual determinations by 31 August. Section 13 now provides;

"The Tribunal shall, in each year, make a determination of the remuneration to be paid to office holders as on and from 1 October in that year."

7.

The Act was also amended to allow office holders in the Public Office Holder Group to elect to obtain motor vehicles on a salary sacrifice basis and the ability to elect to make additional employee contributions to superannuation from pre tax remuneration.

8.

Both amendments provide access to schemes that are generally available to the public sector.

9.

The Government has asked the Tribunal to consider various factors, including the economic outlook and has recommended a 4.3 percent increase for this Group of Office Holders.

10.

For this review the Tribunal has received submissions from the Ombudsman, the Acting Chairperson of the Consumer Trader and Tenancy Tribunal, the Chairperson Transport Appeals Board, and the Clerk and Deputy Clerk of the Legislative Assembly.

11.

For the present review, the Tribunal has considered each of the submissions received and met with those officers who specifically requested meeting the Tribunal. After considering the information presented and after consulting the Assessors the Tribunal considers those offices holders listed below should receive additional increases.

12.

The Chairperson is seeking an increase in remuneration on the basis that the jurisdiction functions and responsibilities of this office mirror those of the Senior Chairperson of the Government and Related Employees Appeal Tribunal (GREAT).

13.

The Tribunal notes that for many years the role of Chairperson TAB was performed by the Chairperson GREAT. The current Chairperson TAB was appointed in January 1999 as a separate office holder.

14.

The Tribunal notes that the functions performed by the Chairperson TAB are essentially the same as those performed by the Senior Chairperson GREAT except that in scope where jurisdiction is limited to hearing promotion and discipline appeals from the State Rail Authority and State Transit Authority.

15.

The Tribunal does not consider that the remuneration for this position should be increased to that of the Senior Chairperson GREAT. The Tribunal does, however, note that there has been an increase in the jurisdiction of the TAB for which the Tribunal considers an adjustment to the Chairperson's remuneration is warranted.

16.

The Tribunal has again received a submission from the Ombudsman seeking an increase in remuneration following the integration of the Community Services Commission into the Ombudsman's Office and other changes.

17.

The Tribunal last reviewed this Office in 2001 and, as a result of that review, provided a significant increase in remuneration for the Ombudsman. On this occasion the Tribunal is aware that the changes have only recently taken place and would prefer, to defer consideration of any increase until such time as the full impact of the changes to the office of the Ombudsman can be assessed. The Tribunal would prefer to review this again as part of the 2003 annual review but would be prepared to consider a special reference if an earlier review is considered appropriate.

16.

The 2001 Report foreshadowed that legislative amendments would be required to permit office holders to salary sacrifice for motor vehicles. As noted above the relevant changes have been made. In respect of those officers for whom the Tribunal had determined a motor vehicle allowance, the Tribunal stated that:

"Once the legislation has been passed, those office holders for whom the Tribunal determines a motor vehicle allowance will need to accept, in writing, the allowance in lieu of their existing arrangements. Once such an election has been made the Tribunal will add the allowance into the officer's salary and he/she will then meet the costs of their motor vehicle from their "grossed up" salary.

The Director General of the Premier's Department is in the Tribunal's view the most appropriate person to obtain such written acceptances. The Tribunal would need a special reference from the Minister to gross up the applicable salaries."

19.

The Tribunal reviewed these arrangements and in its determination of 30 April 2002 provided that:

"In order for an officer to receive the Motor Vehicle Allowance it will be necessary for the officer to forgo the existing arrangements. At the 2002 annual review the allowance will be incorporated into the salary for superannuation purposes.

Following earlier Crown Solicitor's advice, the Tribunal is not able to make determinations that over-ride any current agreement between a Public Office Holder and the Crown. Therefore, following this determination, the Director-General of the Premier's Department will need to write to each Office Holder to obtain the officer's written acceptance that he or she is prepared to forgo the existing motor vehicle arrangements and that in lieu of those existing arrangements the Officer is prepared to meet the private use cost of a motor vehicle on a salary sacrifice basis. The Premier's Department will advise the Tribunal of those Officers who have accepted the new arrangements.

Those Office Holders who choose not to accept the new arrangements will be ineligible to receive the allowance."

20.

In keeping with this arrangement the Director General has written to the officers concerned. At the time of making this Determination, responses from some office holders were still outstanding. As such the allowances will not be incorporated into the officer's salary at this time. Once the Director General has received all the responses this matter could be referred to the Tribunal for review or await adjustment at the time of the next annual review.

21.

The Tribunal has, therefore, decided that only those offices who elect to receive the Motor Vehicle Allowance will be eligible to do so effective from 1 October 2002. Officers electing to receive the Allowance after 1 October 2002 will be eligible to receive the allowance from the date of acceptance.

22.

These office holders will be able to obtain a motor vehicle on a salary sacrifice basis with all private use costs being met by the officer. This arrangement brings the availability and costs of a motor vehicle into line with other officers in the public sector. Those officers who have chosen to retain their motor vehicles under their existing arrangements will not receive the allowance.

23.

The Tribunal recommends that motor vehicles only be obtained on a salary sacrifice basis. Such an arrangement would ensure that future appointees to these positions will only be able to obtain motor vehicle on a salary sacrifice basis. This is a matter for the Government.

24.

The Tribunal has taken into consideration, the economic and budgetary outlook, key national economic indicators which show that the annual underlying inflation rate for Australia to June 2002 was 2.8 percent and that the Wage Cost Index (WCI) for the 12 months ended June 2001 was 3.1 percent. The Tribunal has also noted the Crown Employees (Public Sector Salaries January 2000) Award which will provide a 4 percent increase to public servants from January 2003 and a further 5 percent increase from 1 July 2003.

25.

The Tribunal has taken into consideration, the economic and budgetary outlook, key national economic indicators which show that the annual underlying inflation rate for Australia to June 2002 was 2.8 percent and that the Wage Cost Index (WCI) for the 12 months ended June 2001 was 3.1 percent. The Tribunal has also noted the Crown Employees (Public Sector Salaries January 2000) Award which will provide a 4 percent increase to public servants from January 2003 and a further 5 percent increase from 1 July 2003.

26.

Pursuant to Section 13 of the Statutory and Other Offices Remuneration Act 1975, as amended, the Tribunal determines that the remuneration to be paid to office holders on and from 1 October 2002 shall be as specified in Annexure A.

Salary

$ per annum

Commissioner Police Integrity Commission

312,900

Ombudsman

229,460

President, Mental Health Review Tribunal

186,765

Motor Vehicle Allowance

14,000

Chairperson, Consumer Trader and Tenancy Tribunal

186,765

Motor Vehicle Allowance

14,000

Deputy Chairperson, Law Reform Commission

184,340

President, Guardianship Tribunal

183,135

Motor Vehicle Allowance

14,000

Deputy President Administrative Decisions Tribunal

176,790

Deputy Chairperson Consumer Trader and Tenancy Tribunal

171,680

Motor Vehicle Allowance

14,000

Senior Chairperson (Government and Related

Employees Appeals Tribunal) - not being a judicial

office holder.

169,530

Commissioner, Law Reform Commission

165,545

Deputy President Mental Health Review Tribunal

163,505

Motor Vehicle Allowance

13,000

Inspector General, Corrective Services

160,685

Deputy President, Guardianship Tribunal

153,790

Motor Vehicle Allowance

13,000

Clerk of the Legislative Assembly

144,800

Motor Vehicle Allowance

14,000

Clerk of the Parliaments

144,800

Motor Vehicle Allowance

14,000

Senior Member, Consumer Trader and Tenancy Tribunal

138,550

Motor Vehicle Allowance

13,000

Chairman, Transport Appeals Board

138,550

Chairperson, Government and Related Employees

Appeals Tribunal who is legally qualified (not being

the holder of a judicial office or a magisterial office)

130,605

(Note 1)

Member, Consumer Trader and Tenancy Tribunal

130,605

Assessor (Civil Claims)

130,605

Chairman, Local Land Boards

127,020

Motor Vehicle Allowance

14,000

Chairperson, Government and Related Employees

Appeals Tribunal (not being the holder of a

judicial office or a magisterial office)

123,315

Deputy Clerk, Legislative Assembly

123,315

Motor Vehicle Allowance

13,000

Deputy Clerk, Legislative Council

123,315

Motor Vehicle Allowance

13,000

Chairperson, Aboriginal Housing Authority

101,915

Member of the New South Wales

72,625

Aboriginal Land Council

(Note 2)

Motor Vehicle Allowance

13,000

Assessor Civil Claims (daily rate)

$530 per day

Note 1

This rate of remuneration is payable only to those Chairpersons who are barristers admitted by, or solicitors of, the Supreme Court of NSW or who hold equivalent qualifications.

Note 2

The Chairperson shall receive an allowance of 5% (ie. a total of $76,255 per annum) and the Secretary and Treasurer shall receive an allowance of 3% (ie. a total of $74,805 per annum).