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Determination Variation - 25 January 2013

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Members of Parliament: Variation – 25th January 2013 (PDF 17KB)

WESTERN AUSTRALIA SALARIES AND ALLOWANCES ACT 1975 
DETERMINATION VARIATION

PREAMBLE

The Salaries and Allowances Tribunal issued a determination on 10 August 2012 in respect to a Resettlement Allowance for a Member of Parliament who ceases to be a Member. The determination was intended to facilitate a Member’s transition from public office to private life. In this determination, the Tribunal has clarified its intent that the Resettlement Entitlement is not intended to apply to a Member who ceases to be a Member of Parliament in order to be elected to another district or region.

DETERMINATION

The determination of the Salaries and Allowances Tribunal made on 10 August 2012 under Sections 6(1)(a) and 6AA of the Salaries and Allowances Act 1975, as amended from time to time, is hereby varied by a further determination set out below.

The variation is effective from 25 January 2013.

Remove and replace Part 8 of the determination with the following:

PART 8: RESETTLEMENT ENTITLEMENT

SECTION 1: GENERAL

1.1   A Member of Parliament is entitled to receive a Resettlement Entitlement as a lump sum payment under the provision of Sections 1.3 or 1.4 of this Part when a Member ceases to be a Member of either House of the Parliament.

1.2   This allowance is to facilitate a Member’s transition from public office to private life. This allowance will assist the Member to access resettlement advice and services including, financial counselling, re-employment counselling, out-placement services, educational or training costs and any other costs a Member deems necessary. The Resettlement Entitlement is not intended to apply at the time a Member resigns in order to nominate for a position in another House of the Parliament and is subsequently appointed as a Member of the other House.

1.3   Where a Member ceases to be a Member of the Parliament after serving two terms or less of either House of the Parliament, from the date the Member first took office, the Member shall be entitled to receive the Resettlement Entitlement calculated at the rate of three monthly pay periods of base salary applicable under Part 2 Section 1 of this determination as at the time of ceasing to be a Member.

1.4   Where a Member ceases to be a Member of the Parliament after serving more than two terms but not more than three terms of either House of the Parliament, from the date the Member first took office, the Member shall be entitled to receive the Resettlement Entitlement calculated at the rate equivalent to two monthly pay periods of base salary applicable under Part 2 Section 1 of this determination as at the time of ceasing to be a Member.

1.5   Notwithstanding the provisions of Sections 1.3 and 1.4 of this Part, a Member shall not be eligible to receive more than one Resettlement Entitlement.

1.6   The Resettlement Entitlement shall not apply to a Member who resigns for the purpose of nominating as a candidate for either the Legislative Assembly or Legislative Council or another House of Parliament and is subsequently elected or appointed a Member of either the Legislative Assembly or Legislative Council or another House of Parliament.

1.7   A person shall not be entitled to a Resettlement Entitlement under this Part if he or she is disqualified for membership of the Legislature under Section 32(1)(b) of the Constitution Acts Amendment Act 1899.

Dated at Perth this 25th day of January 2013.

W S Coleman AM C A Broadbent B J Moore
CHAIRMAN MEMBER MEMBER

 

SALARIES AND ALLOWANCES TRIBUNAL

Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.