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Determination Variation - 28 November 2008

 

SALARIES AND ALLOWANCES ACT 1975

SALARIES AND ALLOWANCES TRIBUNAL

SENIOR LEGAL OFFICERS

PREAMBLE

The Salaries and Allowances Tribunal is required to determine the remuneration payable to certain senior legal officer positions under Sections 6(1) of the Salaries and Allowances Act 1975 (‘the Act’) by virtue of those positions having been included in the Special Division of the Public Service.  In this determination, the Tribunal has continued to follow its practice of determining the remuneration of those positions in the context of its enquiries into the remuneration of other related legal and judicial positions.

The Tribunal has today issued a report under Section 7 of the the Act to the Minister recommending an adjustment effective from 1January 2009 in the remuneration to be paid to Judges of the Supreme and District Courts, Masters of the Supreme Court, Magistrates and The Parliamentary Inspector of the Corruption and Crime Commission.

A determination has also been issued today under Section 6(1) of the Act for the remuneration of full-time Senior and Ordinary non-judicial Members of the State Administrative Tribunal.

CURRENT ENQUIRY

In discharging its statutory requirements with respect to the remuneration of senior legal officer positions, the Tribunal’s approach has been to:

  • Advertise for public submissions;
  • Write to key office holders; and
  • Consider relevant labour market and economic data.

Submissions

Submissions were received from the Parliamentary Counsel and the Principal Registrar.  In addition, relevant correspondence was received from the State Solicitor prior to commencing the current enquiry.

The Parliamentary Counsel stated his view that current linkages of remuneration of senior legal officers in his Office with remuneration of judicial officers should be maintained and flow-on received accordingly.

The Principal Registrar of the Supreme Court similarly submitted that Registrars should continue to receive the same percentage increase in salary as any awarded to the Judges and Masters of the Supreme Court.  The Chief Justice wrote supporting the Principal Registrar in this view.  The Principal Registrar also restated the case put in October 2004 for an increase in the remuneration of a Registrar of the Supreme Court from 76 per cent of a Master’s salary to 80 per cent of a Master’s salary.

Correspondence from the State Solicitor drew to the attention of the Tribunal, the additional responsibilities which accrue to the office of Deputy State Solicitor by virtue of the holder of that office having been appointed a Senior Counsel.  The Tribunal agreed to consider the remuneration of the position in the context of its determination on senior legal officer positions linked to the judiciary.

CONSIDERATIONS

His Honour, the Chief Justice provided advice to the Tribunal that the Principal Registrar of the Supreme Court had been appointed a Magistrate in October 2007.  He further advised that the remuneration of a Principal Registrar of the Supreme Court when appointed a Magistrate should be determined under section 7 of the Salaries and Allowances Act 1975.  In consideration of this, the Tribunal has included reference to the position of Principal Registrar of the Supreme Court in its recommendation on judicial salaries to provide for office holders who have been appointed a Magistrate.  The Tribunal has also continued to determine remuneration rates for the position of Principal Registrar of the Supreme Court in this determination to provide for any future office holders who are not appointed a Magistrate.

In exercising its statutory responsibilities, the Tribunal applies broad principles upon which levels of remuneration are determined for all categories of offices and positions coming within the scope of the Salaries and Allowances Act 1975.  These principles, particularised to the relevant senior legal officers, have been applied by the Tribunal to make judgements with respect to the remuneration in this determination.  These principles are the value of the senior legal officers to the state, measures of their “work value” and their levels of remuneration within the context of recent public sector salary adjustments and wage rates applying generally in the community.

DETERMINATION VARIATION

This determination provides for the increase of 4.3 per cent to flow through to the linked other positions of Registrar in both the Supreme and District Courts, and senior legal officer positions in the Office of the Director of Public Prosecutions and the Department of the Attorney General.

In respect of the position of a Deputy State Solicitor who holds the appointment of a Queen’s Counsel or Senior Counsel, the Tribunal accepted the submission that such an office holder carried additional responsibilities.  The Tribunal also noted that a distinction had already been made in regard to other offices under its jurisdiction where the office holder was appointed a Queen’s Counsel or Senior Counsel.  It was decided that the position of Deputy State Solicitor who holds the appointment of a Queen’s Counsel or Senior Counsel should be remunerated at a rate approximating the mid point between the salary of a State Counsel and a Deputy State Solicitor.

The determination of the Salaries and Allowances Tribunal made on 4 April 2008 under Sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975 (as varied from time to time) is hereby varied by a further determination, to make the amendments set out below.

1. Insert and replace, as the case requires, in Part 1 of the First Schedule the following:

AGENCY

OFFICE

CLASSIFICATION

Office of the Director of Public Prosecutions

Consultant State Prosecutor –Queen’s/Senior Counsel

$291,814

Note:  Effective from 1 January 2009

Director Legal Services

$276,457

 

Consultant State Prosecutor

$230,904

Department of the Attorney General

State Solicitor

$307,175

Note:  Effective from 1 January 2009

Parliamentary Counsel

$307,175

 

State Counsel - Queen’s/Senior Counsel

$291,814

 

State Counsel

$276,457

 

Deputy State Solicitor – Queen’s/Senior Counsel

$268,779

 

Deputy State Solicitor

$261,097

 

Deputy Parliamentary Counsel

$261,097

 

Senior Adviser, State Solicitor’s Office

$245,741

 

Senior Parliamentary Counsel

$245,741

 

Senior Assistant Parliamentary Counsel

$199,665

 

Adviser

$199,665

 

2. Pursuant to Section 6(1)(d) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the following remuneration levels with effect from 1 January 2009:

AGENCY

OFFICE

CLASSIFICATION

Supreme Court

Principal Registrar *

$263,862

 

Registrar

$233,667

District Court

Principal Registrar

$245,741

 

Registrar

$230,904

 

Deputy Registrar

$207,621

*Note:  The remuneration of any Principal Registrar of the Supreme Court who is appointed a Magistrate is set out in the Tribunal’s report on judicial salaries pursuant to Section 7 of the Salaries and Allowances Act 1975.

Dated at Perth this 28th day of November 2008.

Professor M C Wood Mr W S Coleman AM
CHAIRMAN 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.