Links

• Western Australian Salaries and Allowances Tribunal
• Commonwealth Remuneration Tribunal
• Remuneration Tribunal of South Australia
• Northern Territory Government Remuneration Tribunal
• ACT Remuneration Tribunal
• NSW Department of Local Government
• NSW Local Government and Shires Association
• Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government

PDF Version

REPORT
and
DETERMINATION
under
SECTION 13
of the
STATUTORY AND OTHER OFFICES
REMUNERATION ACT, 1975

PUBLIC OFFICE HOLDER GROUP

15 September 2008

www.remtribunals.nsw.gov.au

PUBLIC OFFICE HOLDERS GROUP

Section 1    Background

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.  The Government considers that there should be no direct nexus with the remuneration of the Judges, Magistrates and Related Group.  The Tribunal has supported this position in past Determinations.
3. The Tribunal’s Report and Determination of 2007 provided a general increase of 2.5% to the Public Office Holders Group.
4. During the year the Tribunal made a determination pursuant to section 14 of the Act.  A new position of Executive Manager, Parliamentary Services was created to manage the common functions of Parliament House.  The successful applicant subsequently chose to receive remuneration packaging rather than a salary and as such has been listed with the Section 11A Office Holders within the CES and SES determinations. 

Section 2         Submissions Received

Government Submission

5. The Government has asked the Tribunal to consider a number of factors, including the key national economic indicators and salary movements across the NSW public sector. Particular emphasis is given to the Government’s wages policy as articulated in the Economic and Financial Statement of February 2006.  
6. The Government submission recommends that this Group receive an increase similar to that determined for the CES and SES.

Commissioner Law Reform Commission

7. The Commissioner Law Reform Commission has sought an increase in remuneration for his office on the basis of increased responsibility, functions and workload,.  The  Commissioner is seeking an increase in remuneration equivalent to the salary of a District Court Judge.

Section 3         2008 Tribunal Review

8. As with the SES, the Tribunal has had regard to award increases settled since its 2007 Determination for the major public sector wage groups.  These agreements have on average delivered increases of 4 percent although the Government Submission for 2008  confirms that, consistently with the Government’s Wages Policy, increases beyond 2.5 percent have been achieved by way of agency savings.  The Tribunal for reasons outlined in the Chief Executive Service and Senior Executive Service Report has stated its reasons for providing an annual increase beyond 2.5 percent.  The Tribunal will adopt a similar approach with the Public Office Holder Group and determine an increase of 3.9 percent effective on and from 1 October 2008. 

Commissioner Law Reform Commission

9. The Tribunal last examined the role of this position in 1994 but provided no special increase at that time.  The Tribunal notes that the Law Reform Commission was the subject of a review in 2006 and that the Commission is still awaiting implementation of the recommendations of that Report. 
10. The work of the Law Reform Commission is onerous, complex and demanding.  While this is not a unique situation, the Commissioner is also required to take on additional managerial and administrative duties in addition to his role of reviewing and recommending to the Government proposals for law reform.  Increased workload is not a factor that the Tribunal considers when assessing the level of remuneration for office holders.  In this regard the Tribunal notes that this issue was addressed in the 2006 review and that one of the recommendations not yet implemented was for the appointment of a second full time Commissioner of the Law Reform Commission.  The Tribunal also does not consider that the remuneration for the office should be equated to that of a District Court Judge even though in the late 70s and early 80s there existed such a nexus.  That nexus, however, was broken long ago.  Nevertheless, the Tribunal does consider that the role and responsibilities of this office have increased since 1994 and will provide a special increase on this occasion. 

Section 4         Conclusion

11. Having regard to the above and after considering the views of the Assessors, the Tribunal considers that an increase of 3.9 percent would be appropriate and so determines.
12. Pursuant to Section 13 of the Statutory and Other Offices Remuneration Act 1975, as amended, the Tribunal determines tat the remuneration to be paid to office holders on and from 1 October 2008 shall be as specified in Annexure A. 

The Statutory and Other Offices
Remuneration Tribunal

Helen Wright
Dated: 15 September 2008

ANNEXURE A
DETERMINATION OF THE REMUNERATION OF THE PUBLIC OFFICE HOLDERS GROUP ON AND FROM 1 OCTOBER 2008
Salary                                                                                                             $ per annum

Commissioner Police Integrity Commission                                                   389,830

Ombudsman                                                                                                    379,280

President, Mental Health Review Tribunal                                                     250,125

Chairperson, Consumer Trader and Tenancy Tribunal                                   250,125

President, Guardianship Tribunal                                                                   244,905

Deputy Chairperson Consumer Trader and Tenancy Tribunal                       231,335

Deputy Chairperson, Law Reform Commission                                             229,665

Deputy President Administrative Decisions Tribunal                                    220,260

Deputy President Mental Health Review Tribunal                                         220,260

Commissioner, Law Reform Commission                                                      220,260

Registrar Workers Compensation Commission                                              214,435

Clerk of the Legislative Assembly                                                                  214,435

Clerk of the Parliaments                                                                                 214,435

Senior Chairperson (Government and Related
Employees Appeals Tribunal) - not being a judicial
office holder.                                                                                                  211,215

Deputy President, Guardianship Tribunal                                                      191,605

Senior Member, Consumer Trader and Tenancy Tribunal                              188,805

Deputy Clerk, Legislative Assembly                                                              184,080

Deputy Clerk, Legislative Council                                                                 184,080

Chairman, Transport Appeals Board                                                              175,690

Chairman, Local Land Boards                                                                        175,690

Registrar, Aboriginal Land Rights Act 1983                                                  170,060

 

ANNEXURE A (CONT'D)
DETERMINATION OF THE REMUNERATION OF THE PUBLIC OFFICE HOLDERS GROUP ON AND FROM 1 OCTOBER 2008

                                                                                                                        Salary
                                                                                                                        $ per annum
Chairperson, Government and Related Employees
Appeals Tribunal who is legally qualified (not being
the holder of a judicial office or a magisterial office)                                    162,720

Member, Consumer Trader and Tenancy Tribunal                                         162,720

Assessor (Civil Claims)                                                                                   162,720

Chairperson, Government and Related Employees
Appeals Tribunal (not being the holder of a
judicial office or a magisterial office)                                                             153,635

Member of the New South Wales                                                                  113,275
Aboriginal Land Council                                                                                (Note 1)

Assessor Civil Claims (daily rate)                                                                   $675 per day

 

Note 1             The Chairperson shall receive an allowance of 10% (ie. a total of $124,605 per annum) and the Secretary and Treasurer shall receive an allowance of 5% (ie. a total of $118,940 per annum).

LEAVE LOADING

An annual leave loading shall be payable on the same terms and conditions as are applicable to officers and employees of the Public Service of New South Wales, as set out in Section 6-17.12 to 6-17.17 of the Personnel Handbook, to each of the office holders listed above who are provided, as a condition of their employment with approved annual leave.

The Statutory and Other Offices

Remuneration Tribunal

Helen Wright
Dated: 15 September 2008