President Legislative Council 2003

STATUTORY AND OTHER OFFICES REMUNERATION ACT
REPORT AND DETERMINATION ON THE REMUNERATION OF THE CLERK OF THE PARLIAMENTS

REPORT:

1. On 17 December 2003 the Premier, the Hon Bob Carr MP directed the Tribunal to make a special determination, pursuant to section 14 of the Statutory and Other Offices Remuneration Act 1975, on the remuneration payable to the Clerk of the Parliaments to reflect the change in the conditions of his employment.

2. On 30 April 2002 the Tribunal made a determination in respect of motor vehicle allowances for certain office holders within the Public Office Holder Group. That determination identified a number of public office holders who were eligible to receive a motor vehicle allowance if they elected to forgo any existing arrangement to be provided with a motor vehicle under their current conditions of employment. That determination identified the Clerk of the Parliament as an eligible office holder.

3. Following that determination a number of public office holders elected to forgo their existing entitlements and receive the allowance. The Tribunal made a subsequent determination on 20 December 2002 which incorporated the motor vehicle allowance into the salaries of those particular office holders. Approval was given, in accordance with section 11B( 3) for those office holders to salary sacrifice for a motor vehicle in accordance with normal public sector procedures.

4. At that time the Clerk of the Parliaments, Mr John Evans, opted to retain his existing employment arrangements and was not eligible to receive the motor vehicle allowance.

5. The Premier has advised that these arrangements have now changed. Mr Evans has elected to forgo this entitlement and instead will now be provided with a motor vehicle on a salary sacrifice basis. To facilitate this the Premier has approved Mr Evans' election to be provided with employment benefits (motor vehicle) pursuant to section 11B( 3a) of the Act.

6. To ensure that Mr Evans is not disadvantaged by this new arrangement it is necessary for the Tribunal to review the total remuneration payable in light of Mr Evans' decision to voluntarily withdraw his entitlement to a non-financial benefit.

7. Section 16 of the Act provides the Tribunal with broad discretion when determining the remuneration of office holders. It can determine allowances for particular office holders or it can determined that the remuneration for identical office holders may be expressed differently.

8. In making its determination the Tribunal has had regard to the value of the entitlement previously available and its previous determinations in regard to this matter, in particular the current value of the former motor vehicle allowance and the remuneration of other offices within the Public Office Holders Group.

9. The Tribunal considers that the new remuneration arrangements for the Clerk of the Parliament should commence from the date of the Premier's advice, 17 December 2003.

DETERMINATION:

Pursuant to section 14 of the Act the Tribunal determines that the remuneration for the Clerk of the Parliaments shall be $165,150 with effect from 17 December 2003.

Statutory and Other Offices Remuneration Tribunal

Gerry Gleeson 19 December 2003