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Statutory and Other Offices Remuneration Tribunal

Level 12, Bligh House
4-6 Bligh Street
SYDNEY NSW 2000
GPO Box 5341
Sydney NSW 2001

Telephone: (02) 9228 3570
Facsimile: (02) 9228 3578
email: sklavoe@dpc.nsw.gov.au

Preamble

The new Tribunal was appointed on 1 July 2009. In place was a Statement of Principles adopted by the previous Tribunals on matters it would have regard to when assessing applications for compensation. The Statement is set out below.

The Tribunal has given careful consideration to the Principles and considers them to be appropriate.

STATEMENT

1. The Public Sector Employment and Management Act 2002, in Section 78, provides, inter alia, that an executive officer who is removed from office under s78 and thereafter ceases to be an executive officer (s78(1)(a)), and an executive officer who has been removed for any reason other than misbehaviour (s78(1)(b)) is entitled to such compensation (if any) as the Statutory and Other Offices Remuneration Tribunal may determine (s78(2)).
2. Apart from any general directions given to the Tribunal by the Minister on what should be considered (s.78(3)(b)) there is no explicit formula as to how the quantum of compensation is to be calculated and what relevant matters should be considered.
3. The Act states that the maximum compensation payable is an amount equivalent to a person's remuneration package for a period of 38 weeks (s.78(4)). The amount of compensation (if any) which is appropriate in respect of a particular applicant will depend on the merits of the individual case.
4. In exercising its discretionary powers and to ensure that each applicant is accorded fairness, each application will be treated on its merits. The Tribunal, in assessing applications for compensation, will have regard to a wide range of matters including; the circumstances surrounding the termination/non renewal of a contract, the length of notice given, the balance of the contract term, the extent of the financial loss the applicant may have suffered, whether there is a right of return to the public sector and/or whether alternative employment was offered.
5. This statement has been prepared after taking into consideration the views and recommendations tendered by the Assessors. It is available to any person making an application for compensation.

Statutory and Other Offices

Remuneration Tribunal

Chris Raper

11 August 2009