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21 June 2016 Special Division and Prescribed Office Holders Determination

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SALARIES AND ALLOWANCES ACT 1975

DETERMINATION OF THE SALARIES AND ALLOWANCES TRIBUNAL

FOR CLERKS AND DEPUTY CLERKS OF THE PARLIAMENT,

PUBLIC SERVICE OFFICE HOLDERS INCLUDED IN THE

SPECIAL DIVISION OF THE PUBLIC SERVICE AND

PERSONS HOLDING OFFICES PRESCRIBED IN

SALARIES AND ALLOWANCES REGULATION NUMBER 3

 

 
 

PREAMBLE

Statutory context


(1)    In accordance with Section 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975 ("the Act"), the Salaries and Allowances Tribunal ("the Tribunal") is required to inquire into and determine, the remuneration to be paid or provided to –
    1. the Clerk of the Legislative Council or Clerk of the Legislative Assembly or the Deputy Clerk of either House;
    2. officers of the Public Service holding offices including in the Special Division of the Public Service; and
    3. a person holding any other office of a full-time nature, created or established under a law of the State, that is prescribed for the purposes of this section, but not being an office the remuneration for which is determined by or under any industrial award or agreement made or in force under any other law of the State.
(2)    In discharging its statutory requirements with respect to the remuneration for Clerks and Deputy Clerks of the Parliament, holders of offices in the Special Division of the Public Service and Prescribed offices, the Tribunal's approach has been to -
    1. invite public submissions;
    2. invite submissions from all office holders; and
    3. request advice from the Statutory Advisor.
(3)    Section 8(a) of the Act provides that a determination relating to offices identified in sections 6(1)(c), (d) and (e) must be issued within 12 months of the previous determination. 

(4)    The Tribunal's most recent determination in relation to Clerks of the Parliament, officers of the Special Division of the Public Service and the holders of prescribed offices was issued on 23 June 2015.   By issuing this Determination, the Tribunal discharges its obligation under section 8(a).

(5)    When issuing determinations under sections 6(1)(c), (d) and (e), section 10A of the Act requires the Tribunal to consider specific information.  Accordingly, in issuing this Determination, the Tribunal has considered the:
    1. Public Sector Wages Policy Statement 2016, which seeks to limit to 1.5% pay rises for public sector employees, consistent with the Department of Treasury's forecast of the Consumer Price Index in 2015-16; and
    2. financial position and fiscal strategy of the State as set out in the following –
      1. the most recent Government Financial Strategy Statement released under the Government Financial Responsibility Act 2000 section 11(1) and made publicly available under section 9 of that Act;
      2. the Government Financial Projections Statement;
      3. any submissions made to the Tribunal on behalf of the State Government.

Economic context


(6)    The Tribunal's 2015 Determination made no change to the salaries provided to Special Division or Prescribed office holders, which had been set in June 2014.  This decision reflected the serious issues facing the Western Australian economy. 

(7)    The Tribunal has noted the Government's 2016-17 State Budget, which stated that the economic and fiscal outlook remains challenging.  The State Budget also indicated that –
    1. the State's finances are facing a sudden and significant challenge due to:
      1. subdued commodity prices;
      2. a contracting domestic economy as business investment is forecast to contract for a fourth consecutive year in 2016-17; and
      3. lags in the GST distribution system that exacerbate the unpredictability of the State's revenue base.
    2. the general government revenue estimates (over the period 2015-16 to 2016-17) were revised down significantly, by a further $2.5 billion since December's Mid-year Review.
    3. the unprecedented decline for a third year in a row to general government revenue, which means that a general government operating deficit of $3.9 billion is forecast for 2016-17.
(8)    The Tribunal has also noted the Western Australian Economic Notes in relation to Perth's Consumer Price Index (CPI), Western Australian's Wages Price Index (WPI) and Western Australia's Labour Force.  These indicate that –
    1. Perth's CPI decreased by 0.6% over the quarter, and rose by 1.1% in annual average terms to March 2016.  In year-ended terms, Perth's CPI increased by 0.7%;
    2. Western Australia's WPI increased by 0.5% over the quarter and rose by 2.0% in annual average terms to March 2016; and
    3. the unemployment rate in Western Australia averaged 6.0% over the year to April 2016, which is higher than the 5.3% average unemployment rate recorded over the year to April 2015.  However, the seasonally adjusted unemployment rate in Western Australia increased to 5.6% during April 2016, up from a rate of 5.5% in March; and
    4. employment in Western Australia rose by 0.6% in annual average terms and grew by 0.2% over the three months to April 2016 with seasonally adjusted employment in Western Australia increasing by just 0.1% during April.  Full-time employment fell by 7,792 persons during the month while part-time employment increased by 8,000 persons. 
(9)    In statements supporting the release of the Public Sector Wages Policy Statement 2016, the Treasurer and Minister for Commence linked the Consumer Price Index to the State Government's decision to limit pay rises of 1.5% per annum for public sector employees, consistent with the Department of Treasury's forecast of the CPI in 2015-16.  The policy will apply to all public sector industrial agreements expiring on or after 1 June 2016.

2016 Inquiry Process


(10)  The Tribunal invited public submissions to the inquiry in an advertisement appearing in The West Australian newspaper on 15 February 2016, with a closing date of 18 March 2016, and on the Tribunal's website at http://www.sat.wa.gov.au.  

(11)  No submissions were received from members of the general public.  

(12)  A submission was received from the Government, which reaffirmed the Tribunal's statutory obligation to have regard to the Wages policy and financial statements.

(13)  Submissions were received from various office holders, either requesting a reclassification or an increase to their salary within their current band allocation. 

(14)  The Tribunal consulted with its statutory adviser, the Public Sector Commissioner,
Mr Mal Wauchope, who is appointed under Section 10(4)(b) of the Act to assist the Tribunal.

Submissions


(15)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 Act.  These principles, particularised to the Clerks of the Parliament, Special Division and Prescribed Office holders, have been applied by the Tribunal to make judgments with respect to the remuneration and entitlements in this determination.  These principles are:
    1. the value of the offices to the State and our democratic system of government;
    2. measures of the "work value" of the offices; and
    3. the level of remuneration of the offices within the context of wage and salary rates applying generally in the community.
(16)  In relation to the work value of positions, there is an expectation that senior executives within the Public Service and other statutory office holders must meet the challenges of changing roles and responsibilities arising from policy initiatives, changing priorities and the demands of the community.  To warrant an increase in classification and/or remuneration the changes in the work value of the position must be significant and result in a fundamental change in the character of the office above the demands that an effective senior executive must meet on an ongoing basis. 

(17)  Taking this into account, the Tribunal resolved to not reclassify any Special Division or Prescribed Office Holder positions and also to not increase the salary for any office holders beyond an economic adjustment, with the exception of three Senior Legal Officers in the Second Schedule.

(18)  It should be noted that Court Registrars and the Solicitor General are included in this Determination, but have been considered by the Tribunal within the context of the review of judicial offices.  As a result their salaries have been adjusted in line with the Judicial Report issued on 1 June 2016.

(19)  The salaries of Special Division and Prescribed Office Holders in this Determination (except for Court Registrars and the Solicitor General) are to increase by 1.5%, with effect from 1 July 2016. 
 

The Determination will now issue.

 

Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

SALARIES AND ALLOWANCES TRIBUNAL



 


DETERMINATION

 

PART 1                     INTRODUCTORY MATTERS

This Part deals with some matters that are relevant to the Determination generally.

1.1               Short Title

This Determination may be cited as the Special Division and Prescribed Office holders Determination No. 1 of 2016.

1.2               Commencement

This Determination comes into operation on 1 July 2016.

1.3               Content and intent

(1)    This determination provides for the salary, allowances and other benefits to be paid, provided or reimbursed to officers of the Special Division of the Public Service and the holders of offices prescribed for the purposes of section 6(1)(e) of the Salaries and Allowances Act 1975 ('the Act').

(2)    This determination fulfils the Tribunal's obligations under section 8 of the Act with respect to making determinations annually.

(3)    This determination also fulfils the Tribunal's obligations provided in section 10A of the Act, with respect to government financial matters.

(4)    In accordance with section 10A of the Act, decisions by the Tribunal in relation to sections 6(1)(c), (d) and (e) have taken consideration of the:

         (a)   Public Sector Wages Policy Statement 2016, issued on 26 February 2016; and

         (b)   financial position and fiscal strategy of the State as set out in the following –

                 (i)    the most recent Government Financial Strategy Statement released under the Government Financial Responsibility Act 2000 section 11(1) and made publicly available under section 9 of that Act;

                 (ii)    the Government Financial Projections Statement;

                 (iii)   any submissions made to the Tribunal on behalf of the State Government.

1.4               References to Dates

(1)    In this Determination, a reference to "a year" or "per annum" relates to a financial year.

(2)    Where benefits or entitlements are provided with specific reference to "a financial year", these cease on and from 30 June each year and, unless otherwise specified in this Determination, no unexpended amount can be carried over to later financial years.

1.5               Terms used

In this Determination, unless the contrary intention appears –

remuneration means salary, allowances, fees, emoluments and benefits (whether in money or not);

salary means the portion of remuneration which is paid as money;

Special Division officer means the holder of an office which has been included in the Special Division of the Public Service pursuant to section 38 of the Public Sector Management Act 1994 and for the purposes of section 6(1)(d) of the Act;

Prescribed Officer means the holder of an office which has been created or established under a law of the State, that is prescribed for the purposes of section 6(1)(e) of the Act.

Tribunal means the Salaries and Allowances Tribunal.

1.6               Conditions of service

(1)    Unless the conditions of service of a Special Division officer or Prescribed Officer are determined pursuant to a law of the State other than the Act, the conditions of service specified in this determination will apply.

(2)    To the extent that terms and conditions of employment affect remuneration (e.g. paid leave), office holders listed in this Schedule are entitled to the same terms and conditions as contained in the Public Service Award 1992 as at the date of this determination and the Public Service and Government Officers General Agreement 2014.

(3)    Where there is any inconsistency between this determination and the terms and conditions of the Public Service Award 1992 and the Public Service Government Officers General Agreement 2014, the conditions of service specified in this determination shall prevail to the extent of any inconsistency.

1.7               Salaries

(1)    All salaries stated in the Schedules of this determination are inclusive of annual leave loading.

(2)    A person holding more than one Special Division or Prescribed Office, shall receive remuneration for one office only, being the office classified or remunerated at the highest level.

1.8               Salary Packaging

(1)    An Office holder identified in this determination is entitled to participate in salary packaging arrangements for superannuation and novated leases in accordance with the "Guidelines for Salary Packaging in the WA Public Sector" issued by the Department of Commerce.

FIRST SCHEDULE

SPECIAL DIVISION AND PRESCRIBED OFFICE HOLDERS

 

PART 1                        SALARY

This Part deals with the salary payable to Special Division and Prescribed Office Holders listed below.

1.1               Salary

(1)    The annual salaries specified in the Tables of this Part apply to the holders of the corresponding offices.

Table 1 Special Division CEOs

SPECIAL DIVISION CEOs

Office                                 Department or Agency                                         Band      Office Holder       Salary  
Director GeneralAboriginal Affairs3C Weeks$252,020
Director GeneralAgriculture and Food2Vacant$-
Director GeneralAttorney General2Vacant$-
Chief Executive OfficerBotanic Gardens and Parks Authority4M Webb$220,056
Managing DirectorCentral Regional TAFE4Vacant$-
Chief Executive OfficerChemCentre4P Millington$220,056
Director GeneralChild Protection and Family Support2E White$304,151
Director GeneralCommerce2Vacant$-
CommissionerCorrective Services2J McMahon$367,070
Director GeneralCulture and the Arts3D Ord$235,539
RegistrarDepartment of the Registrar, Western Australian Industrial Relations Commission4S Bastian$220,056
Director GeneralDisability Services Commission2R Chalmers$344,819
Director GeneralEducation1S O'Neill$441,406
Director GeneralEducation Services3R Strickland$262,151
Director GeneralEnvironment Regulation3J Banks$281,140
Director GeneralFinance1A Nolan$402,288
Director GeneralFisheries2H Brayford$304,151
DirectorGascoyne Development Commission4Vacant$-
DirectorGoldfields-Esperance Development Commission4S Flanagan$202,631
Chief Executive OfficerGovernment Employees Superannuation Board2H Rosario$341,567
DirectorGreat Southern Development Commission4B Manning$202,631
Director GeneralHousing2Vacant$-
Managing DirectorInsurance Commission of Western Australia2R Whithear$341,567
DirectorKimberley Development Commission4J Gooding$202,631
Director GeneralLands3C Slattery$235,539
Director GeneralLocal Government and Communities3J Mathews$288,860
CommissionerMental Health Commission2T Marney$367,070
Chief Executive OfficerMetropolitan Cemeteries Board4P Deague$220,056
Chief Executive OfficerMetropolitan Redevelopment Authority3K Kinsella$262,151
DirectorMid-West Development Commission4G Treasure$204,246
Chief Executive OfficerMinerals Research Institute of Western Australia4M Woffenden$235,539
Director GeneralMines and Petroleum2R Sellers$344,819
Managing DirectorNorth Metropolitan TAFE3Vacant$-
Managing DirectorNorth Regional TAFE4Vacant$-
General ManagerOffice of the Environmental Protection Authority3K Taylor$268,989
Director GeneralParks and Wildlife2J Sharp$304,151
DirectorPeel Development Commission4Vacant$-
General ManagerPerth Theatre Trust4D OrdSee Director General, Department of Culture and the Arts
DirectorPilbara Development Commission4Vacant$-
Director GeneralPlanning2G McGowan$304,151
Director GeneralPremier and Cabinet1P Conran$441,406
Chief Executive OfficerPublic Transport Authority2R WaldockSee Director General, Department of Transport
Director GeneralRacing, Gaming and Liquor3B Sargeant$288,860
Director GeneralRegional Development3D (Ralph) Addis$235,539
CommissionerRoad Safety Commission4K Papalia$202,631
Chief Executive OfficerRottnest Island Authority4P Amaranti$220,056
Chief Executive OfficerSchool Curriculum and Standards Authority3A Blagaich$262,151
Small Business CommissionerSmall Business Development Corporation4D Eaton$231,355
Managing DirectorSouth Metropolitan TAFE3Vacant$-
Managing DirectorSouth Regional TAFE4Vacant$-
DirectorSouth West Development Commission4D Punch$202,631
Director GeneralSport and Recreation3R Alexander$288,860
Director GeneralState Development1S Wood$402,288
Executive DirectorState Heritage Office4G Gammie$202,631
Chief Executive OfficerState Supply Commission4Vacant$-
Director GeneralTraining and Workforce Development2R Shean$367,070
Director GeneralTransport1R Waldock$402,288
Under TreasurerTreasury1M Barnes$441,406
Director GeneralWater3M Rowe$235,539
Chief ExecutiveWestern Australian Land Information Authority3M Bradford$274,430
DirectorWheatbelt Development Commission4W Newman$202,631
Chief Executive OfficerWorkCover Western Australia Authority4M Reynolds$235,539
Chief Executive OfficerZoological Parks Authority4S Hunt$235,539
 

Table 2  Prescribed Office Holders

PRESCRIBED OFFICE HOLDERS
OfficeDepartment or AgencyOffice HolderSalary
Commissioner for Equal OpportunityEqual Opportunity CommissionerA Lucas$252,020
CommissionerFire and Emergency ServicesW Gregson$367,069
General ManagerForest Products CommissionS West$263,900
DirectorHealth and Disability Services Complaints OfficeS Cowie$235,539
State LibrarianLibrary Board of Western AustraliaM Allen$235,539
Commissioner of Main RoadsMain RoadsR WaldockSee Director General,
Department of Transport
PresidentMental Health TribunalM Hawkins$242,108
Auditor GeneralOffice of the Auditor GeneralC Murphy$402,288
Commissioner for Children and Young PeopleOffice of the Commissioner for Children and Young PeopleC Pettit$235,539
Director of Public ProsecutionsOffice of the Director of Public ProsecutionsJ McGrathSee Fourth Schedule
Deputy Director of Public ProsecutionsOffice of the Director of Public ProsecutionsVacantSee Fourth Schedule
Information CommissionerOffice of the Information CommissionerS Bluemmel$235,539
Inspector of Custodial ServicesOffice of the Inspector of Custodial ServicesN Morgan$235,539
Solicitor GeneralOffice of the Solicitor GeneralP Quinlan SCSee Sixth Schedule
CommissionerParliamentary Commissioner for Administrative InvestigationsC Field$367,070
Deputy CommissionerParliamentary Commissioner for Administrative InvestigationsG (Mary) White$198,054
Public Sector CommissionerPublic Sector CommissionM Wauchope$441,406
Electoral CommissionerWestern Australian Electoral CommissionD Kerslake$252,020
Deputy Electoral CommissionerWestern Australian Electoral CommissionC Avent$190,776
Commissioner of PoliceWestern Australian Police ServiceK O'Callaghan$441,406
Deputy Commissioner OperationsWestern Australian Police ServiceS Brown$281,139
Deputy Commissioner Specialist ServicesWestern Australian Police ServiceG Dreibergs$281,139
Assistant CommissionerWestern Australian Police ServiceN Anticich$212,337
Assistant CommissionerWestern Australian Police ServiceD Bell$212,337
Assistant CommissionerWestern Australian Police ServiceG Budge$212,337
Assistant CommissionerWestern Australian Police ServiceM Fyfe$212,337
Assistant CommissionerWestern Australian Police ServiceK Properjohn$212,337
Assistant CommissionerWestern Australian Police ServiceM Smalpage$212,337
Assistant CommissionerWestern Australian Police ServiceP Steel$212,337
Assistant CommissionerWestern Australian Police ServiceC Ward$212,337
Assistant CommissionerWestern Australian Police ServiceP Zanetti$212,337
Chief Executive OfficerWestern Australian Tourism CommissionS Buckland$306,321
 
(2)    Where the Deputy Commissioner, Western Australian Electoral Commission (WAEC), acts in the position of Electoral Commissioner, WAEC, for a period of four or more consecutive weeks while the office is substantively vacant or the office holder is on leave, the Deputy Commissioner is entitled to receive the salary awarded in Table 2 Prescribed Office Holders, to the position of Electoral Commissioner for the duration of the acting arrangement.

(3)    A person appointed by the Governor to temporarily act in the Office of the Inspector of Custodial Services, is entitled to receive the same salary that is awarded to the position of Inspector of Custodial Services as set out in 'Table 2 Prescribed Office Holders'.  The acting Inspector of Custodial Services is also entitled to the motor vehicle benefits set out in Part 3 and the superannuation entitlements set out in Part 6 of this Determination.  The salary and benefits apply on a pro-rata basis for any period in which the Inspector of Custodial Services is absent from duty.

 

Table 3 Special Division Non-CEOs

SPECIAL DIVISION NON-CEOs
OfficeDepartment or AgencyBandOffice Holder           Salary              
Public TrusteeAttorney General4B Roche$227,819
Executive Director, Courts and Tribunal ServicesAttorney General4Vacant$-
Executive Director Consumer Protection / Commissioner for Consumer ProtectionCommerce3A Driscoll$227,819
Executive Director, WorkSafe / WorkSafe Western Australia CommissionerCommerce4L McCulloch$212,337
Executive Director, Building Commission / Building CommissionerCommerce4P Gow$212,337
Executive Director, Labour RelationsCommerce4Vacant$-
Deputy Commissioner, Youth Justice ServicesCorrective Services3R Green$227,819
Deputy Commissioner, Adult Justice ServicesCorrective Services3S Maines$254,480
Deputy Director General, Finance and AdministrationEducation2J McGrath$281,140
Deputy Director General, SchoolsEducation3D Axworthy$246,451
Deputy Director General, Building Management and WorksFinance2B Sullivan$307,301
Deputy Director General, Public Utilities OfficeFinance2R Challen$330,938
Executive Director, Government ProcurementFinance3S Black$239,006
Commissioner of State RevenueFinance3N Suchenia$227,819
Deputy Commissioner, Support and CapabilityFire and Emergency Services4S Fewster$227,819
Deputy Commissioner, OperationsFire and Emergency Services4L Bailey$227,819
Deputy Director General Health ReformHealth2Vacant$-
Assistant Director General System, Policy and PlanningHealth2Vacant$-
Assistant Director General Purchasing and System PerformanceHealth2Vacant$-
Assistant Director General System and Corporate GovernanceHealth3Vacant$-
Managing DirectorMain Roads WA2S Troughton$330,938
Deputy Director General, Approvals and ComplianceMines and Petroleum3T Griffin$227,819
Deputy Director General, Strategic PolicyMines and Petroleum3M Andrews$227,819
Deputy Auditor GeneralOffice of the Auditor General3G Clarke$227,819
Deputy Director General, Economic and DeregulationPremier and Cabinet2D Smith$307,301
Deputy Director General, Community and Health ServicesPremier and Cabinet2R May$307,301
Executive Director, Office of SciencePremier and Cabinet3F Roche$227,819
Assistant Director General, State Security and Emergency CoordinationPremier and Cabinet4G Hay$227,819
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4Vacant$-
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4Vacant$-
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4L Genoni$227,819
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4Vacant$-
Deputy Commissioner, Agency SupportPublic Sector Commission3D Volaric$227,819
Managing DirectorPublic Transport Authority2M Burgess$281,140
Deputy Director General, State InitiativesState Development3J Ostojich$227,819
Deputy Director General, Strategic PolicyState Development3N Cusworth$227,819
Deputy Director General, Resources & Industry DevelopmentState Development3Vacant$-
Deputy Director General, Policy, Planning and InvestmentTransport2Vacant$-
Managing Director, Transport ServicesTransport2N Lyhne$281,140
Executive Director, Strategic Policy and EvaluationTreasury3A Jones$281,140
Executive Director, Infrastructure and FinanceTreasury3K Gulich$281,140
Deputy Under TreasurerTreasury2Vacant$-
Executive Director, Strategic Projects and Asset SalesTreasury2R Mann$307,301
Executive Director, EconomicTreasury3M Court$227,819
Executive DirectorWestern Australian Police Service3A Kannis$281,140


PART 2                     CLASSIFICATION FRAMEWORK FOR SPECIAL DIVISION OFFICES

This Part deals with the classification framework applicable to Special Division offices listed in Part 1 of this Schedule.

2.1               General

(1)    Special Division offices listed in this Schedule have been assigned by the Tribunal to one of four classifications designated Band 1 to Band 4.

(2)    Each classification (Band 1 to Band 4) has a commensurate annual salary as specified in this Section.  The salary is exclusive of other benefits described further below in Parts 3, 4, 5 and 6.

(3)    Chief Executive Officers (CEOs) have been designated a higher salary range within each Band in recognition of the distinction between CEOs with end of line responsibility and non-CEOs in subordinate positions.

(4)    The Tribunal will review the classification of an office when that office becomes vacant and prior to a new appointment being made.

Table 4 Annual salary range for the classification of Chief Executive Officers in the Special Division of the Public Service
Special Division Chief Executive Officers
Band                               Annual Salary Range
Band 1$367,070$516,293
Band 2$304,151$367,070
Band 3$235,539$304,151
Band 4$202,631$235,539
 

Table 5 Annual salary range for the classification of non-Chief Executive Officers in the Special Division of the Public Service

      Special Division Non-Chief Executive Officers
Band                               Annual Salary Range
Band 1Not applicableNot applicable
Band 2$281,140$330,938
Band 3$227,819$281,140
Band 4$190,776$227,819
 

PART 3                     MOTOR VEHICLE BENEFITS

This Part deals with the motor vehicle benefits paid or provided to Office holders listed in Part 1 of this Schedule.

3.1               General

(1)     In addition to the salary determined for the office holders listed in Part 1 of this Schedule, those office holders have an entitlement to an allowance which may be taken as cash with salary or may be utilised to access a motor vehicle for private use leased through State Fleet.

(2)    The vehicle (being part of the Government-owned State Fleet) should be managed in accordance with the policies and conditions established and amended from time to time by the Department of Finance (the effective owner of the State Fleet).  Applicable terms and conditions are currently set out in the document "State Fleet – Agency General Agreement".

(3)    A person holding more than one Special Division or Prescribed Office, shall be entitled to a motor vehicle or cash in lieu of a motor vehicle for one such office only, being the office classified or remunerated at the highest level.

(4)    An individual accessing a vehicle under this Part shall take due care of the condition and security of the vehicle.  This includes responsibility for ensuring the vehicle is regularly serviced and maintained at government expense according to the manufacturer's recommended specifications, and making arrangements for off-street parking at home, whenever practicable, with appropriate security precautions taken at all times.  Any theft or damage should be reported to the Fleet Manager.

(5)    Motor vehicles leased for office holders under this determination or a previous determination of the Tribunal shall not be changed or cash in lieu taken prior to the expiration of the lease.

(6)    While the vehicle may be used anywhere in Western Australia at no cost to the individual, if the vehicle is driven interstate, the individual is liable for the cost of fuel and oil while interstate.  Furthermore, if used outside of Western Australia, the custodian must be in the vehicle at all times that it is being used.

(7)    Should the officer choose not to use the vehicle, supplied through State Fleet, for business, or for travelling to and from work, but allows and authorises the vehicle to be used for private use during business hours by another family member or person, they are not entitled to access another government vehicle for their private use, including transport to and from work.

(8)    Should the officer choose to take cash in lieu of a motor vehicle supplied through State Fleet, it is not the Tribunal's intent that this should result in additional government expense or an increase in the government fleet to provide transport for the office holder during business hours.  The office holder is not entitled to claim a mileage allowance for use of their private vehicle for work purposes.  Neither are they entitled to access another government vehicle for their personal use including transport to and from work.

3.2               Notional value of the lease and the cost to the Office Holder

(1)     The notional value of the lease (and all associated costs) shall be:

Table 6 Notional Value of a Motor Vehicle
Salary of Office HolderNotional value of the lease
Below $246,397 p.a.$20,300 p.a.
Equal to or above $246,397 p.a.$22,650 p.a.
 
(2)    The notional value of the lease shall be calculated on a pro rata basis in accordance with the proportion of full-time hours worked by an office holder.

(3)    Office holders located in non-metropolitan locations that require a four wheel drive vehicle for operational reasons, can apply to the employing authority for the issue of a four wheel drive vehicle in lieu of the entitlement mentioned in this Section.  Four wheel drive vehicles shall be of a standard, the cost of which does not exceed the Toyota Prado GXL Automatic 3.0 litre Turbo Diesel.

(4)    The total lease cost of the chosen vehicle and accessories determined in this section, must be borne by the office holder.  This includes the purchase cost of any accessories and the installation cost and removal costs if required, before disposal of the vehicle.  No additional costs shall be incurred by the office holder as a result of fluctuations in lease costs during the specified term of the lease.

(5)    Where the total lease and associated costs of a vehicle and accessories in accordance with this determination is less than the relevant motor vehicle benefit determined in this section, the difference in the cost to Government is to be paid fortnightly as part of the office holder's remuneration.

(6)    The method of determining whether an additional contribution must be made by the office holder or the surplus is to be paid to the office holder, shall be based on the notional lease cost to the Government of the vehicle sought (using the formula detailed below), compared with the relevant notional lease value determined for the benefit in this section.  The cost at the time of entering into the lease is applicable.

(7)     The notional value of the vehicle benefit must include the lease cost, Fringe Benefits Tax (FBT) and all other operating costs based on the relevant figure of nominated kilometres to be travelled annually. The formula to be adopted in valuing the motor vehicle is outlined in Table 7 below.

Table 7 Value of a Motor Vehicle Formula
Value of a Motor Vehicle =
L + R + aD + FBT +I +LCT, where
L=Lease payments
R=Registration costs
a=Running cost per kilometre
D=nominated annual kilometres
FBT

I
=

=
Fringe Benefits Tax

Insurance
LCT=Luxury Car Tax
 

(8)    FBT is costed at applicable Australian Taxation Office rates.  FBT is costed at purchase price (including GST) x Statutory fraction x Gross up (2.1463) x FBT rate (0.490).  A 'Fringe Benefits Tax Exempt Agency' means where an organisation is exempt from FBT in accordance with Commonwealth Government legislation, a notional amount equal to the standard FBT must be added to the cost of the benefit.

(9)    Each lease should be tailored to achieve the most cost-effective arrangement based on individual usage patterns.

3.3               Choice of motor vehicle

(1)     Where an office holder elects to access a leased vehicle under State Fleet arrangements, he/she may choose any vehicle and accessories in the relevant Western Australian Government Common Use Contract or an "off contract" vehicle and accessories available under Government leasing arrangements in accordance with the following criteria.

(2)    Vehicles with V8 engines are not included.  Supercharged and turbo-charged engines with a capacity greater than 3.0 litres are not included.

(3)    Office holders unable to lease their choice of vehicle within the scope of the arrangements set out in this determination should elect to make their own arrangements to meet their personal transport needs.

3.4               Cash value of the motor vehicle benefit

(1)     Where a person elects not to be provided with a motor vehicle through State Fleet he/she is entitled to the cash value being paid fortnightly as additional remuneration.  The relevant cash value is to be determined in accordance with the following criteria:

Table 8 Cash Value of a Motor Vehicle
Salary of Office HolderCash Value
Below $246,397 p.a.$20,300 p.a.
Equal to or above $246,397 p.a.$22,650 p.a.
(2)    The cash value of a motor vehicle shall be calculated on a pro rata basis in accordance with the proportion of full-time hours worked by an office holder.

PART 4                     DISTRICT AND TRAVEL ALLOWANCES

This Part deals with the district and travel allowances paid or provided to Office holders listed in this Part.

4.1               District Allowances

(1)     Office holders listed in this Section shall be entitled to applicable district allowances in accordance with the District Allowance (Government Officers) General Agreement 2010 and the relevant provisions of the Public Service Award 1992 as at the date of this determination.  Applicable FBT shall be payable by the relevant department or agency.

(2)    For the purposes of calculating the standard rate, dependant rate or partial dependant rate applicable under the District Allowance (Government Officers) General Agreement 2010, the standard rates set out in Table 9 below shall form the basis of the calculations unless and until determined otherwise by the Tribunal.

Table 9 District Allowances
OfficeDepartment or AgencyOffice Holder               Annual District Allowance

(Standard Rate)
Managing DirectorCentral Regional TAFEVacantUnder Review
DirectorGascoyne Development CommissionVacant$4,387
DirectorGoldfields-Esperance Development CommissionS Flanagan$2,399
DirectorKimberley Development CommissionJ Gooding$7,436
DirectorMid West Development CommissionG Treasure$1,239
Managing DirectorNorth Regional TAFEVacantUnder Review
DirectorPilbara Development CommissionVacant$9,449
 
4.2               Travel Allowances – Annual Leave Travel Concessions

(1)     Office holders listed in this section are entitled to travel allowances in accordance with the Public Service Award 1992 (as at the date of this determination) and described in clause 23(10) of that Award as "Annual Leave Travel Concessions".

Table 10 Travel Allowances – Annual Leave Travel Concessions
OfficeDepartment or AgencyOffice Holder
Managing DirectorCentral Regional TAFEVacant
DirectorGascoyne Development CommissionVacant
DirectorGoldfields-Esperance Development CommissionS Flanagan
DirectorKimberley Development CommissionVacant
Managing DirectorNorth Regional TAFEVacant
DirectorPilbara Development CommissionVacant
  


PART 5                     HOUSING AND UTILITIES

This Part deals with the housing and utilities subsidies paid or provided to Office holders listed in this Part.

5.1               Rental Subsidies
(1)    Office holders listed in this section are entitled to the applicable Government Regional Officers Housing (GROH) rental subsidies in accordance with the Department of Housing Tenant Rent Setting Framework Policy (July 2016) (as at the date of this determination).

(2)    The rental subsidy shall be payable to GROH for the benefit of the office holders and is to be calculated using the Department of Housing on-line rent calculator which can be accessed at:

http://www.housing.wa.gov.au/currenttenants/governmentemployeehousing/rentcalculation/Pages/groh_rent_calc.aspx

(3)    Applicable FBT shall be paid by the office holder's department or agency.

Table 11 Rental Subsidies
OfficeDepartment or AgencyOffice Holder
Managing DirectorCentral Regional TAFEVacant
DirectorGascoyne Development CommissionVacant
DirectorMid West Development CommissionG Treasure
Managing DirectorNorth Regional TAFEVacant
DirectorPilbara Development CommissionVacant

5.2               Home ownership subsidies

(1)     Office holders identified in this section shall be entitled to applicable Government home loan subsidies which are aligned generally to the Department of Housing's Home Ownership Subsidy Scheme for Government Employees in Regional Western Australia (November 2001).

(2)    The home ownership subsidy shall be payable for the benefit of the office holder up to the maximum specified in Table 12 below.

(3)    The subsidy shall be paid in accordance with and for the period specified in the relevant Home Loan Subsidy Agreement between the office holder and their Department or agency identified in Table 12 below.

(4)    Applicable FBT shall be paid by the office holder's department or agency.

Table  12 Home Ownership Subsidies
OfficeDepartment or AgencyOffice HolderMaximum Annual Home Ownership Subsidy
DirectorKimberley Development CommissionJ Gooding$9,100 ($175 per week)
5.3               Electricity subsidies

(1)     Office holders listed in this Section shall be entitled to claim electricity subsidies as specified in Table 13 below.  These electricity subsidies are based generally on the air conditioning subsidies applicable under the Department of Housing's Government Housing Air Conditioning Policy (October 2001).

(2)    Claims made under this Section must be accompanied by a tax invoice for electricity utilised at the residence ordinarily occupied by the office holder within the relevant Development Commission region where the office holder's department or agency is located.

(3)    A claim for an electricity subsidy made under this Section must be submitted within 90 days of the due payment date of the tax invoice.  In the case of exceptional circumstances, the administering authority may approve an extension of time to submit a claim.  Any application made to the administering authority seeking an extension of time to submit a claim under this Section, should be in writing and explain the exceptional circumstances leading to the need for extra time to submit a claim.  Exceptional circumstances, for which an extension will be approved, will only be where the office holder has demonstrated that the claim submission has been delayed for reasons outside the office holder's control or in circumstances where ill health or bereavement has prevented a claim being made on time.  Where delays in submitting a claim have been due to administrative oversight or negligence, the Tribunal does not regard these as circumstances appropriate to grant an extension of time to submit a claim.  Where a claim is made after 90 days and no extension has been granted, payment against the claim will not be made.

(4)    Applicable FBT shall be paid by the office holder's department or agency.

(5)    Any gap between the electricity subsidy as stated in Table 13 and the full electricity amounts is payable by the office holder.

Table 13 Electricity Subsidies
OfficeDepartment or AgencyOffice HolderMaximum Annual Electricity Subsidy
Managing DirectorCentral Regional TAFEVacantUnder Review
DirectorGascoyne Development CommissionVacant$1,771
DirectorKimberley Development CommissionJ Gooding$2,896
Managing DirectorNorth Regional TAFEVacantUnder Review
DirectorPilbara Development CommissionVacant $3,000

PART 6                     SUPERANNUATION ENTITLEMENTS

This Part deals with the superannuation entitlements paid or provided to Office holders listed in Part 1 of this Schedule.

6.1               Superannuation Entitlement

(1)     Employer superannuation contributions are payable in accordance with the obligations applicable under the Superannuation Guarantee (Administration) Act 1992 (Cth), the State Superannuation Act 2000 and the State Superannuation Regulations 2001 or the Fire and Emergency Services Regulations 1986, as the case may be, unless determined otherwise in this Schedule.

(2)    Superannuation contributions to the Gold State Super scheme are based on the concept of remuneration set out in Regulation 5 of the State Superannuation Regulations 2001.  Contributions to an accumulation scheme, whether a GESB accumulation scheme or a scheme of choice, are determined by the concept of Ordinary Time Earnings (OTE) defined in the Superannuation Guarantee (Administration) Act 1992 (Cth) and 'over OTE items' as defined in the State Superannuation Regulations 2001.  The Department of Treasury document titled Ordinary Time Earnings and the Treatment of Allowances and Payments for Superannuation Remuneration Purposes – General Principles provides useful guidance on this matter.  The document can be found on the Department of Treasury web site at:

http://www.treasury.wa.gov.au/cms/uploadedFiles/_Treasury/State_finances/ote_treatment_allowances_payments_superannuation_remuneration_general_principles.pdf?n=1655

(3)    Superannuation contributions to the Fire and Emergency Services Superannuation Fund are governed by the Superannuation Guarantee (Administration) Act 1992 (Cth) and the Fire and Emergency Services Regulations 1986.

(4)    The position of Inspector of Custodial Services, while held by Mr N Morgan, shall be paid superannuation in accordance with UniSuper.

(5)    The position of CEO, Metropolitan Cemeteries Board, while held by Mr P Deague, shall be paid superannuation in accordance with the WA Local Government Superannuation Plan.

(6)    A Gold State member electing to take a motor vehicle or the cash equivalent in lieu of a motor vehicle is not entitled to have either amount included for superannuation purposes. 

(7)    A West State or GESB Super member electing to take a vehicle does not have the cash value of that vehicle included for superannuation.  However if the office holder elects to take a cash equivalent in lieu of a motor vehicle then this amount is included for the purposes of superannuation. 

Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

SALARIES AND ALLOWANCES TRIBUNAL




SECOND SCHEDULE

SENIOR LEGAL OFFICES

 

Pursuant to section 6(1)(d) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the remuneration to be paid per annum to the holders of the offices listed below and is as follows.

PART 1                    SALARY

This part deals with the salary payable to the holders of Senior Legal Offices listed below in Part 1 of this Schedule.

1.1               Salary
The annual salaries specified in Table 14 of this Part apply to the holders of the corresponding offices.

Table 14 Remuneration and Offices
OFFICEDEPARTMENT OR AGENCY  BAND  OFFICE HOLDER       ANNUAL SALARY  
State Solicitor, SSOAttorney General1P Evans$441,164
Parliamentary Counsel, PCOAttorney General1G Lawn$441,164
State Counsel – Queen's/Senior Counsel, SSOAttorney General2G Tannin SC$397,766
State Counsel, SSOAttorney General2Vacant$-
Deputy State Solicitor – QC/SC, SSOAttorney General2Vacant$-
Deputy State Solicitor, SSOAttorney General2Vacant$-
Deputy State Solicitor – Commercial, SSO Attorney General2N Egan$375,819
Deputy Parliamentary Counsel, PCOAttorney General2A Harvey$375,819
Senior Adviser, SSOAttorney General3J O'Halloran$354,043
Deputy State Counsel, SSOAttorney General3A Sefton$333,003
Senior Parliamentary Counsel, PCOAttorney General3Vacant$-
Director Legal ServicesOffice of the Director of Public Prosecutions3M Bugg$333,003
Consultant State Prosecutor – QC/SCOffice of the Director of Public Prosecutions3Vacant$-
Consultant State ProsecutorOffice of the Director of Public Prosecutions3A Burrows$333,003
Consultant State ProsecutorOffice of the Director of Public Prosecutions3J Whalley$333,003
Consultant State ProsecutorOffice of the Director of Public Prosecutions3C Barbagallo$333,003
Consultant State ProsecutorOffice of the Director of Public Prosecutions3A Forrester$333,003
Consultant State ProsecutorOffice of the Director of Public Prosecutions3J Scholz$333,003
Consultant State ProsecutorOffice of the Director of Public Prosecutions3B Meertens

$333,003 (Review
when vacant)

Senior Adviser, SSOAttorney General3K Glancy$293,335
Adviser, SSOAttorney General4Vacant$-
Adviser, SSOAttorney General4A Komninos$250,705
Adviser, SSOAttorney General4I Petersen$250,705
Senior Parliamentary Counsel, PCOAttorney General4L O'Dwyer$250,705
Senior Parliamentary Counsel, PCOAttorney General4Vacant$243,600

Abbreviations: SSO - State Solicitor's Office / PCO – Parliamentary Counsel's Office


 

PART 2                     CLASSIFICATION FRAMEWORK

This part deals with the classification framework applicable to the holders of Senior Legal Offices listed in Part 1 of this Schedule.

2.1               General
(1)    Offices listed in this Schedule have been assigned by the Tribunal to one of four classifications designated Band 1 to Band 4.

(2)    Each classification (Band 1 to Band 4) has a commensurate indicative annual salary as specified in this Section.

(3)    The Tribunal will review the classification and salary of an office when that office becomes vacant and prior to a new appointment being made.

Table 15 Indicative annual salary range for the classification of Senior Legal Offices
SENIOR LEGAL OFFICES
BandSalary Range
Band 1$411,698$474,182
Band 2$345,581$411,698
Band 3$276,318$345,581
Band 4$243,600$276,318
 


PART 3                      MOTOR VEHICLE BENEFITS

This Part deals with the motor vehicle benefits paid or provided to Office holders listed in this schedule.

(1)     The holders of the offices listed in this Schedule have an entitlement to the provision of a fully maintained leased motor vehicle for private use to the notional value of $22,650 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this determination apply to office holders listed in this Schedule. 


Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

SALARIES AND ALLOWANCES TRIBUNAL


 

THIRD SCHEDULE

COURT REGISTRARS

 

Pursuant to section 6(1)(d) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the remuneration to be paid to the holders of the offices listed.

PART 1                    SALARY

This part deals with the salary payable to the holders of the offices listed below

Table 16 Annual salary for Court Registrars

OFFICEANNUAL SALARY
Supreme Court 
Principal Registrar$340,979
Registrar$301,959
District Court 
Principal Registrar$317,562
Registrar$298,389
Deputy Registrar$289,437


PART 2                     MOTOR VEHICLE BENEFITS

This Part deals with the motor vehicle benefits paid or provided to Office holders listed in this schedule.

The holders of the offices listed in this Schedule have an entitlement to the provision of a fully maintained leased motor vehicle for private use to the notional value of $24,000 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this determination apply to office holders listed in this Schedule.

 

 

Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

SALARIES AND ALLOWANCES TRIBUNAL



 


FOURTH SCHEDULE

DIRECTOR OF PUBLIC PROSECUTIONS AND

DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS

 

Pursuant to section 6(1)(e) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the remuneration to be paid or provided to the holder of the offices of the Director of Public Prosecutions and the Deputy Director of Public Prosecutions.

PART 1                    SALARY AND ALLOWANCES

This Part deals with the salary and allowances payable to the Director of Public Prosecutions and the Deputy Director of Public Prosecutions.

1.1               Director of Public Prosecutions
(1)    The holder of the office of Director of Public Prosecutions is to be paid a salary of $486,517 per annum.

(2)    All other allowances payable from time to time are the same as provided to a Puisne Judge of the Supreme Court of Western Australia.

(3)    Pursuant to clause 2(a) of the Director of Public Prosecutions Act 1991 the Director of Public Prosecutions has the same annual leave, sick leave and long service leave entitlements as an officer of the public service.

1.2               Deputy Director of Public Prosecutions

(1)    The holder of the office of Deputy Director of Public Prosecutions is to be paid a salary of $397,766 per annum.

(2)    All other allowances payable from time to time are the same as provided to a District Court Judge of Western Australia.


PART 2                     MOTOR VEHICLE BENEFITS

This Part deals with the motor vehicle benefits paid or provided to the Director of Public Prosecutions and the Deputy Director of Public Prosecutions.

2.1               Motor Vehicle Entitlement
The Director of Public Prosecutions and the Deputy Director of Public Prosecutions each have an entitlement to the provision of a fully maintained leased motor vehicle for private use to the notional value of $26,900 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this determination apply to these office holders.

 

 

Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

SALARIES AND ALLOWANCES TRIBUNAL


 

FIFTH SCHEDULE

CLERKS AND DEPUTY CLERKS OF THE PARLIAMENT

 

Pursuant to section 6(1)(c) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the remuneration to be paid or provided to Clerk of the Legislative Council or Clerk of the Legislative Assembly or the Deputy Clerk of either House.

PART 1                    SALARY

This part deals with the salary payable to the holders of the offices listed below.

Table 17 Annual salary for the Clerks and Deputy Clerks of the Parliament
OFFICEANNUAL SALARY
Clerk of the Legislative Council$219,380
Deputy Clerk of the Legislative Council$168,709
 
Clerk of the Legislative Assembly$219,380
Deputy Clerk of the Legislative Assembly$168,709
 


PART 2                     MOTOR VEHICLE BENEFITS

This Part deals with the motor vehicle benefits paid or provided to Office holders listed in this Schedule.

The holders of the offices listed in this Schedule have an entitlement to the supply of a fully maintained motor vehicle for business and private use.

 

 

Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

SALARIES AND ALLOWANCES TRIBUNAL

 

 

 


SIXTH SCHEDULE

SOLICITOR-GENERAL


Pursuant to section 4 of the Solicitor-General Act 1969 the Salaries and Allowances Tribunal determines the remuneration to be paid or provided to the holder of the office of the Solicitor-General.

PART 1                    REMUNERATION

The holder of the office of Solicitor-General is entitled to remuneration of $596,903 per annum inclusive of salary, motor vehicle entitlement and superannuation.  This remuneration is provided on the basis that the holder of the office of Solicitor-General has not retained the right to private practice.

PART 2                     MOTOR VEHICLE BENEFITS

For the purpose of superannuation the notional value of the motor vehicle entitlements is $26,900 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this determination apply to the Solicitor-General.

 

  

Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

SALARIES AND ALLOWANCES TRIBUNAL



 

 

SEVENTH SCHEDULE

CHIEF PSYCHIATRIST

 

Pursuant to Section 510 of the Mental Health Act 2014 the Salaries and Allowances Tribunal determines the remuneration to be paid or provided to the holder of the office of the Chief Psychiatrist. 

PART 1                    REMUNERATION

The holder of the office of Chief Psychiatrist is entitled to remuneration of $487,200 per annum inclusive of salary, motor vehicle entitlement and superannuation. 

PART 2                     MOTOR VEHICLE BENEFITS

For the purpose of superannuation the notional value of the motor vehicle entitlements is $22,650 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this determination apply to the Chief Psychiatrist.
 

 

Signed on 21 June 2016

 

 

 

 

 
W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER

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.