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Determination - 23 June 2015

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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

 

23 June 2015

1.  In accordance with Section 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975 ("the SA Act"), the Salaries and Allowances Tribunal ("the Tribunal") is required to inquire into and determine, the remuneration to be paid or provided to –

  • the Clerk of the Legislative Council or Clerk of the Legislative Assembly or the Deputy Clerk of either House;

  • officers of the Public Service holding offices including in the Special Division of the Public Service; and

  • 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 of the Parliament and holders of offices in the Special Division of the Public Service and Prescribed offices, the Tribunal's approach has been to -

  • Advertise for public submissions;

  • Write to all office holders; and

  • Request advice from the Statutory Advisor.

3.  Further, in accordance with section 10A of the Act, this determination made by the Tribunal under sections 6(1)(c) (d) and (e) has taken into consideration the:

a)  Public Sector Wages Policy Statement 2014;

b)  financial position and fiscal strategy of the State, as stated in the Government's Financial Strategy Statement and Government Financial Projections Statement, released as part of the State Budget on 14 May 2015; and

c)  submission made on behalf of the State Government.

4.  This process provides an opportunity for members of the public, the Government, the office holders or other interested parties to make a submission.  It also informs the Tribunal of changes in the roles or responsibilities over the past year and other remuneration issues.

5.  No submissions were received from the public.  The Government's submission reaffirmed the Tribunal's statutory obligation to have regard to the Wages policy and financial statements as set out in (3) above.

6.  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 SA 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:

  • the value of the offices to the State and our democratic system of government;

  • measures of the "work value" of the offices; and

  • the level of remuneration of the offices within the context of wage and salary rates applying generally in the community.

7.  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.  Taking this into account, the Tribunal resolved to not reclassify any Special Division or Prescribed Office holder positions.

8.  In relation to the motor vehicle entitlement for office holders, the Tribunal has considered the changes made to the FBT calculations by the Australian Taxation Office and have amended the FBT formula accordingly.  No other changes to the motor vehicle entitlements have been made.

9.  The Tribunal considered relevant labour market and economic data, as well as the State Government's economic forecasts.

10.  In the course of the inquiry, the Tribunal considered a number of serious economic issues evident in the Western Australian economy. In handing down the 2015 Budget, the Treasurer described the current economic situation as "the most challenging economic and fiscal environment the State has faced in at least the last three decades"[1]. General government revenue in 2015-16 is estimated to be $1.6 billion or 5.8% lower than actual revenue in 2013-14.

11.  The Tribunal has also noted:

  • the State's economic performance has been affected by the transition of resource projects from construction to production phase, along with substantial drop in commodity prices;

  • declining business confidence reflected in employers reducing capital expenditure and employment levels;

  • declining private sector investment in the economy;

  • increasing unemployment and redundancies, which are predicted to rise further;

  • declining wages in the wider community; and

  • low levels of inflation, which has meant that the cost of living for WA employees has not significantly changed compared to this time last year.

12.  The challenging economic environment is apparent throughout the State. In arriving at its decision, among other factors, the Tribunal noted significant numbers of redundancies in the mining sector, pay freezes or pay cuts in the private sector, falling property values in the Pilbara and other areas and the public sector's workforce renewal policy and efficiency measures.  The unemployment rate is predicted to increase to 6.25% in 2015/16.  This would be the highest level in over a decade.

Conclusions

13.  The Tribunal has examined the remuneration provided to the Clerks of the Parliament and Special Division and Prescribed Office holders based upon the principles of remuneration set out above and within the framework of salaries for these office holders generally.  

14.  In light of the serious economic issues evident in the Western Australian economy, the circumstances demand a degree of caution in any decision of the Tribunal. The Tribunal has determined there will be no increase at this time to the classification or remuneration for office holders in this determination.

The determination will now issue.

 

Signed this 23th day of June 2015.

 

W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER
​ ​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

Pursuant to Sections 6(1) (c) (d) and (e)

CONTENTS

Part 1:  Introductory matters

1.1  Short Title

1.2  Commencement

1.3  Content and intent

1.4  Terms used

1.5  Conditions of service

1.6  Salaries

1.7  Salary Packaging



First Schedule - Special Division and Prescribed Office holders

Part 1:  Salary

1.1 Salary

Part 2:  Classification framework for Special Division offices

2.1  General

Part 3:  Motor vehicle benefits

3.1  General

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

3.3  Choice of motor vehicle

3.4  Cash value of the motor vehicle benefit

Part 4:  District and travel allowances

4.1  District allowances

4.2  Travel allowances – Annual leave travel concessions

Part 5:  Housing and utilities

5.1  Rental subsidies

5.2  Home ownership subsidies

5.3  Electricity subsidies

Part 6:  Superannuation entitlements

6.1  Superannuation Entitlements

 

Second Schedule – Senior Legal Offices

Part 1:  Salary

1.1  Salary           

Part 2:  Classification framework

2.1  General

Part 3:  Motor vehicles benefits

3.1  Motor Vehicle Entitlement

 

Third Schedule – Court Registrars

Part 1:  Salary

Part 2:  Motor vehicles benefits

2.1         Motor Vehicle Entitlement

 

Fourth Schedule – Director of Public Prosecutions and Deputy Director of Public Prosecutions

Part 1:  Salary and Allowances

1.1  Director of Public Prosecutions

1.2  Deputy Director of Public Prosecutions

Part 2:  Motor vehicles benefits

2.1  Motor Vehicle Entitlement

 

Fifth Schedule – Clerks of the Parliament

Part 1:  Salary

Part 2:  Motor vehicles benefits

2.1  Motor Vehicle Entitlement

 

Sixth Schedule – Solicitor General

Part 1:  Remuneration

Part 2:  Motor Vehicle Benefit

2.1  Motor Vehicle Entitlement

 

PART 1:  INTRODUCTORY MATTERS

This Part deals with 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 2015.

1.2  Commencement

This determination comes into operation on 1 July 2015.

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 SA Act').

(2) This determination fulfils the Tribunal's obligations provided in section 8 of the Salaries and Allowances Act 1975, with respect to making determinations annually.

(3) This determination also fulfils the Tribunal's obligations provided in section 10A of the Salaries and Allowances Act 1975, with respect to government financial matters.

1.4  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 SA 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 SA Act.

1.5  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 SA 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.

1.6  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 such office only, being the office classified or remunerated at the highest level.

1.7  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" document, which can be accessed at -

https://www.commerce.wa.gov.au/sites/default/files/atoms/files/cda_2012_no.04_amendments_to_support_introduction_of_choice_of_superannuation_fund_super_choice.pdf


 

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

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 ​ ​ ​ ​
OfficeDepartment or AgencyBandOffice HolderSalary
Director GeneralAboriginal Affairs3C Weeks$248,296
Director GeneralAgriculture and Food2R Delane$299,656
Director GeneralAttorney General2C Gwilliam$313,735
Chief Executive OfficerBotanic Gardens and Parks Authority4M Webb$216,804
Managing DirectorCentral Institute of Technology4N Fernandes$216,804
Managing DirectorChallenger Institute of  Technology4Vacant$-
Chief Executive OfficerChemCentre4P Millington$216,804
Director GeneralChild Protection and Family Support2E White$299,656
Director GeneralCommerce2B Bradley$313,735
CommissionerCorrective Services2J McMahon$361,645
Director GeneralCulture and the Arts3D Ord$232,058
Managing DirectorCY O'Connor Institute4J Scott$199,636
RegistrarDepartment of the Registrar, Western Australian Industrial Relations Commission4S Bastian$216,804
Director GeneralDisability Services Commission2R Chalmers$339,723
Managing DirectorDurack Institute of Technology4Vacant$-
Director GeneralEducation1S O'Neill$434,883
Director GeneralEducation Services3R Strickland$258,277
Director GeneralFinance1A Nolan$396,343
Director GeneralFisheries2H Brayford$299,656
DirectorGascoyne Development Commission4S Webster$212,047
Managing DirectorGoldfields Institute of Technology4K Doig$199,636
DirectorGoldfields-Esperance Development Commission4S Flanagan$199,636
Chief Executive OfficerGovernment Employees Superannuation Board2H Rosario$336,519
DirectorGreat Southern Development Commission4B Manning$199,636
Managing DirectorGreat Southern Institute of Technology4L Rozlapa$199,636
Director GeneralHousing1
(Review when vacant)
G Searle$396,343
Managing DirectorInsurance Commission of Western Australia2R Whithear$336,519
DirectorKimberley Development Commission4J Gooding$199,636
Managing DirectorKimberley Training Institute4K Dickinson$199,636
Director GeneralLands3C Slattery$232,058
Director GeneralLocal Government and Communities3J Mathews$284,591
CommissionerMental Health Commission2T Marney$361,645
Chief Executive OfficerMetropolitan Cemeteries Board4P Deague$216,804
Chief Executive OfficerMetropolitan Redevelopment Authority3K Kinsella$258,277
DirectorMid-West Development Commission4G Treasure$201,228
Director GeneralMines and Petroleum2R Sellers$339,723
General ManagerOffice of the Environmental Protection Authority3K Taylor$265,014
Director GeneralParks and Wildlife2J Sharp$299,656
DirectorPeel Development Commission4M Teede$199,636
General ManagerPerth Theatre Trust4A Ferris$201,453
DirectorPilbara Development Commission4Vacant$-
Managing DirectorPilbara Institute4M Boundy$199,636
Director GeneralPlanning2G McGowan$299,656
Managing DirectorPolytechnic West4J Jamieson$199,636
Director GeneralPremier and Cabinet1P Conran$434,883
Chief Executive OfficerPublic Transport Authority2R WaldockSee Director General, Department of Transport
Director GeneralRacing, Gaming and Liquor3B Sargeant$284,591
Director GeneralRegional Development3D Addis$232,058
CommissionerRoad Safety Commission4Vacant$-
Chief Executive OfficerRottnest Island Authority4P Amaranti$216,804
Chief Executive OfficerSchool Curriculum and Standards Authority3A Blagaich$258,277
Small Business CommissionerSmall Business Development Corporation4D Eaton$227,936
DirectorSouth West Development Commission4D Punch$199,636
Managing DirectorSouth West Institute of Technology4D Anderson$199,636
Director GeneralSport and Recreation3R Alexander$284,591
Director GeneralState Development1S Wood$396,343
Executive DirectorState Heritage Office4G Gammie$199,636
Chief Executive OfficerState Supply Commission4Vacant$-
Director GeneralTraining and Workforce Development2R Shean$361,645
Director GeneralTransport1R Waldock$396,343
Under TreasurerTreasury1M Barnes$434,883
Director GeneralWater3M De Lacey$248,296
Managing DirectorWest Coast Institute of Training4M Hoad$199,636
Chief ExecutiveWestern Australian Land Information Authority3M Bradford$270,374
DirectorWheatbelt Development Commission4W Newman$199,636
Chief Executive OfficerWorkCover Western Australia Authority4M Reynolds$232,058
Chief Executive OfficerZoological Parks Authority4S Hunt$232,058

 Table 2:  Prescribed Office Holders

PRESCRIBED OFFICE HOLDERS ​ ​ ​
OfficeDepartment or AgencyOffice HolderSalary
Commissioner for Equal OpportunityEqual Opportunity CommissionerA Lucas$248,296
CommissionerFire and Emergency ServicesW Gregson$361,644
General ManagerForest Products CommissionV Erasmus$240,000
DirectorHealth and Disability Services Complaints OfficeA Donaldson$232,058
State LibrarianLibrary Board of Western AustraliaM Allen$232,058
Commissioner of Main RoadsMain RoadsR WaldockSee Director General, Department of Transport
PresidentMental Health Review BoardM Hawkins$238,530
Auditor GeneralOffice of the Auditor GeneralC Murphy$396,343
Commissioner for Children and Young PeopleOffice of the Commissioner for Children and Young PeopleVacant$232,058
Director of Public ProsecutionsOffice of the Director of Public Prosecutions-See Fourth Schedule
Deputy Director of Public ProsecutionsOffice of the Director of Public Prosecutions-See Fourth Schedule
Information CommissionerOffice of the Information CommissionerS Bluemmel$232,058
Inspector of Custodial ServicesOffice of the Inspector of Custodial ServicesN Morgan$232,058
Solicitor GeneralOffice of the Solicitor General-See Sixth Schedule
CommissionerParliamentary Commissioner for Administrative InvestigationsC Field$361,645
Deputy CommissionerParliamentary Commissioner for Administrative InvestigationsG (Mary) White$195,127
Public Sector CommissionerPublic Sector CommissionM Wauchope$434,883
Electoral CommissionerWestern Australian Electoral CommissionD Kerslake$248,296
Deputy Electoral Commissioner*Western Australian Electoral CommissionC Avent$187,957
Commissioner of PoliceWestern Australian Police ServiceK O'Callaghan$434,883
Deputy Commissioner OperationsWestern Australian Police ServiceS Brown$276,984
Deputy Commissioner Specialist ServicesWestern Australian Police ServiceG Dreibergs$276,984
Assistant Commissioner (Business Technology) – Chief Information OfficerWestern Australian Police ServiceVacant$-
Assistant Commissioner Specialist & Support ServicesWestern Australian Police ServiceN Anticich$209,199
Assistant Commissioner Metropolitan RegionWestern Australian Police ServiceK Properjohn$209,199
Assistant Commissioner Reform and Business ImprovementWestern Australian Police ServiceP Zanetti$209,199
Assistant Commissioner Intelligence Western Australian Police ServiceVacant$209,199
Assistant Commissioner State CrimeWestern Australian Police ServiceC Ward$209,199
Assistant Commissioner WorkforceWestern Australian Police ServiceM Fyfe$209,199
Assistant Commissioner Judicial ServicesWestern Australian Police ServiceD Bell$209,199
Assistant Commissioner Regional WAWestern Australian Police ServiceG Budge$209,199
Chief Executive OfficerWestern Australian Tourism CommissionS Buckland$301,794

* 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.

Table 3:  Special Division Non-CEOs

SPECIAL DIVISION NON-CEOs ​ ​ ​ ​
OfficeDepartment or AgencyBandOffice HolderSalary
Public TrusteeAttorney General4B Roche$224,452
Executive Director, Courts and Tribunal ServicesAttorney General4R Warnes$209,199
Executive Director Consumer Protection / Commissioner for Consumer ProtectionCommerce3A Driscoll$224,452
Executive Director, WorkSafe / WorkSafe Western Australia CommissionerCommerce4L McCulloch$209,199
Executive Director, Building Commission / Building CommissionerCommerce4P Gow$209,199
Executive Director, Labour RelationsCommerce4Vacant$-
Deputy Commissioner, Youth Justice ServicesCorrective Services3R Green$224,452
Deputy Commissioner, Adult Justice ServicesCorrective Services3S Maines$250,719
Deputy Director General, Finance and AdministrationEducation2Vacant$-
Deputy Director General, SchoolsEducation3D Axworthy$242,809
Deputy Director General, Building Management and WorksFinance2B Sullivan$302,760
Deputy Director General, Public Utilities OfficeFinance2R Challen$326,047
Executive Director, Government ProcurementFinance3Vacant$-
Commissioner of State RevenueFinance3Vacant$-
Deputy Commissioner, Support and CapabilityFire and Emergency Services4S Fewster$224,452
Deputy Commissioner, OperationsFire and Emergency Services4L Bailey$224,452
Deputy Director General Health ReformHealth2Vacant$-
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$326,047
Deputy Director General, Approvals and ComplianceMines and Petroleum3T Griffin$224,452
Deputy Director General, Strategic PolicyMines and Petroleum3M Andrews$224,452
Deputy Auditor GeneralOffice of the Auditor General3G Clarke$224,452
Deputy Director General, Economic and DeregulationPremier and Cabinet2D Smith$302,760
Deputy Director General, Community and Health ServicesPremier and Cabinet2R Brown$302,760
Assistant Director General, State Security and Emergency CoordinationPremier and Cabinet4G Hay$224,452
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4R May$224,452
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4J Catlin$224,452
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4L Genoni$224,452
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4T Leeming$224,452
Executive Director, Cabinet and Policy DivisionPremier and Cabinet4A Rutherford$224,452
Deputy Commissioner, Accountability, Policy and PerformancePublic Sector Commission3F Roche$224,452
Deputy Commissioner, Agency SupportPublic Sector Commission3D Volaric$224,452
Managing DirectorPublic Transport Authority2M Burgess$276,985
Deputy Director General, State InitiativesState Development3J Ostojich$224,452
Deputy Director General, Strategic PolicyState Development3N Cusworth$224,452
Deputy Director General, Policy, Planning and InvestmentTransport2Vacant$-
Managing Director, Transport ServicesTransport2N Lyhne$276,985
Executive Director, Strategic Policy and EvaluationTreasury3Vacant$-
Executive Director, Infrastructure and FinanceTreasury3Vacant$-
Deputy Under TreasurerTreasury2Vacant$-
Executive Director, Strategic Projects and Asset SalesTreasury2Vacant$-
Executive Director, EconomicTreasury3M Court$224,452
Executive DirectorWestern Australian Police Service3A Kannis$276,985

 

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 ​ ​
BandAnnual Salary Range
Band 1$361,645$508,663
Band 2$299,656$361,645
Band 3$232,058$299,656
Band 4$199,636$232,058

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 ​ ​
BandAnnual Salary Range
Band 1Not applicableNot applicable
Band 2$276,985$326,047
Band 3$224,452$276,985
Band 4$187,957$224,452

 

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 = Fringe Benefits Tax

I = 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 8Cash 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)  Officer holders listed in this Section shall be entitled to applicable district allowances in accordance with the District Allowance (Government Officers) General Agreement 2010 (including any subsequent rate adjustment) 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 DirectorDurack Institute of TechnologyVacant$1,239
DirectorGascoyne Development CommissionS Webster$4,387
DirectorGoldfields-Esperance Development CommissionS Flanagan$2,399
Managing DirectorGoldfields Institute of TechnologyK Doig$2,354
DirectorKimberley Development CommissionJ Gooding$9,230
Managing DirectorKimberley TAFEK Dickinson$8,361
DirectorMid West Development CommissionG Treasure$1,239
DirectorPilbara Development CommissionVacant$12,865
Managing DirectorPilbara InstituteM Boundy$12,865

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
DirectorGascoyne Development CommissionS Webster
DirectorGoldfields-Esperance Development CommissionS Flanagan
Managing DirectorGoldfields Institute of TechnologyK Doig
DirectorKimberley Development CommissionJ Gooding
Managing DirectorKimberley TAFEK Dickinson
DirectorPilbara Development CommissionVacant
Managing DirectorPilbara InstituteM Boundy

 

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 identified in this section shall be entitled to applicable Government Regional Officers Housing (GROH) rental subsidies which are aligned generally to Department of Housing policies including the Tenant Rent Setting Framework Policy (August 2006).

(2)  The rental subsidy shall be payable to GROH for the benefit of the office holders up to the specified value in Table 11, based on rates 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.

(4)  Where the office holder's tenancy is for a portion of the year, the maximum annual rental subsidy shall apply on a pro rata basis.

(5)  Office holders are to advise the Tribunal of GROH rent adjustments as soon as practicable after they occur.  The Tribunal will ordinarily take these rent adjustments into account when conducting the annual review of remuneration for Special Division and Prescribed Office holders and when a new office holder is appointed.

Table  11:  Rental Subsidies

OfficeDepartment or AgencyOffice HolderMaximum Annual Rental Subsidy
DirectorGascoyne Regional Development CommissionS Webster$13,000
Managing DirectorGoldfields Institute of TechnologyK Doig$13,300
DirectorMid West Development CommissionG Treasure$15,100
DirectorPilbara Development CommissionVacant $13,600
Managing DirectorPilbara InstituteM Boundy$13,700

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.

Table 13:  Electricity Subsidies

OfficeDepartment or AgencyOffice HolderMaximum Annual Electricity Subsidy
DirectorGascoyne Development CommissionS Webster$1,771
Managing DirectorGoldfields Institute of TechnologyK Doig$1,665
DirectorKimberley Development CommissionJ Gooding$2,896
Managing DirectorKimberley TAFEK Dickinson$1,554
DirectorPilbara Development CommissionVacant $3,000
Managing DirectorPilbara InstituteM Boundy$2,999

 

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 Entitlements

(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 the 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 this 23th day of June 2015

 

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 the Table of this Part apply to the holders of the corresponding offices.

Table 14:  Remuneration and Offices

OFFICEDEPARTMENT OR AGENCYBANDOFFICE HOLDER

ANNUAL SALARY

State SolicitorAttorney General1P Evans$434,644
Parliamentary CounselAttorney General1W Munyard$434,644
State Counsel – Queen's/Senior CounselAttorney General2G Tannin SC$391,888
State CounselAttorney General2Vacant$-
Deputy State Solicitor – Queen's/Senior CounselAttorney General2Vacant$-
Deputy State SolicitorAttorney General2J Young$370,265
Deputy State Solicitor – Commercial Attorney General2N Egan$370,265
Deputy Parliamentary CounselAttorney General2A Harvey$370,265
Deputy Parliamentary CounselAttorney General2G Jamieson$370,265
Deputy State CounselAttorney General3Vacant$-
Senior Adviser, State Solicitor's OfficeAttorney General3J O'Halloran$348,811
Senior Parliamentary CounselAttorney General3G Lawn$328,082
Senior Parliamentary CounselAttorney General3Vacant$-
Director Legal ServicesOffice of the Director of Public Prosecutions3M Bugg$328,082
Consultant State Prosecutor – Queen's/Senior CounselOffice of the Director of Public Prosecutions3Vacant$-
Consultant State ProsecutorOffice of the Director of Public Prosecutions3Vacant$-
Consultant State ProsecutorOffice of the Director of Public Prosecutions3C Barbagallo$328,082
Consultant State ProsecutorOffice of the Director of Public Prosecutions3A Forrester$328,082
Consultant State ProsecutorOffice of the Director of Public Prosecutions3J Scholz$328,082
Consultant State ProsecutorOffice of the Director of Public Prosecutions3B Meertens

$328,082

(Review when vacant)

Senior Adviser, State Solicitor's OfficeAttorney General3K Glancy$272,234
Adviser, State Solicitor's OfficeAttorney General4A Sefton$259,409
Senior Assistant Parliamentary CounselAttorney General4L O'Dwyer$247,000
Adviser, State Solicitor's OfficeAttorney General4A Komninos$240,000
Adviser, State Solicitor's OfficeAttorney General4I Petersen$240,000

 

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$405,614$467,174
Band 2$340,474$405,614
Band 3$272,234$340,474
Band 4$240,000$272,234

 

PART 3 - MOTOR VEHICLE BENEFITS

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

3.1  Motor Vehicle Entitlement

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 this 23th day of June 2015

 

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$334,950
Registrar$296,620
District Court 
Principal Registrar$311,947
Registrar$293,113
Deputy Registrar$284,319

 

PART 2 - MOTOR VEHICLE BENEFITS

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

2.1  Motor Vehicle Entitlement

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 this 23th day of June 2015

 

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

The holder of the office of Director of Public Prosecutions is to be paid a salary of $479,327 per annum.

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

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

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 this 23th day of June 2015

 

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$216,138
Deputy Clerk of the Legislative Council$166,216
Clerk of the Legislative Assembly$216,138
Deputy Clerk of the Legislative Assembly$166,216

 

PART 2 - MOTOR VEHICLE BENEFITS

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

2.1  Motor Vehicle Entitlement

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 this 23th day of June 2015

 

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

This Part deals with the remuneration payable to the holder of the office listed below

The holder of the office of Solicitor-General is entitled to remuneration of $586,349 per annum inclusive of salary, motor vehicle entitlement and superannuation.

 

PART 2 – MOTOR VEHICLE BENEFITS

2.1  Motor Vehicle Entitlement

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 this 23th day of June 2015

 

W S Coleman AMC A BroadbentB J Moore
CHAIRMANMEMBERMEMBER
SALARIES AND ALLOWANCES TRIBUNAL ​ ​

 

[1] Treasurer's budget speech http://static.ourstatebudget.wa.gov.au/15-16/2015-16-wa-state-budget_bp1.pdf?

 

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.