Special Division and Prescribed Office Holders No 1 of 2021

PREAMBLE

(1) This determination is issued in accordance with the Salaries and Allowances Act 1975 (the Act) and sets the remuneration to be paid or provided to:

(a) the Clerk of the Legislative Council or Clerk of the Legislative Assembly or the Deputy Clerk of either House (section 6(1)(c));

(b) officers of the Public Service holding offices including in the Special Division of the Public Service (section 6(1)(d)); and

(c) 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 (section 6(1)(e)).

(2) Since February 2018, section 10D of the Act has prevented the Tribunal from increasing remuneration provided to certain public offices in its jurisdiction, including offices included in section 6(1)(c), (d) and (e).

(3) This Determination is issued as a point of reference for remuneration provided for offices included in section 6(1)(c), (d) and (e) at the expiry of these legislative restrictions, on 1 July 2021. From this date, the Tribunal will resume much of its usual discretion to set remuneration.

(4) However, the Tribunal must still comply with section 10G, which prevents the Tribunal from making a determination that:

• has the effect of providing for the payment or provisions of remuneration on the basis that the remuneration was not paid or provided before 1 July 2021 by reason of the operation of section 10D; or
• takes into account any increase in the cost of living that occurred between commencement day and 1 July 2021.

(5) The conditions in section 8 will also resume on 1 July 2021, requiring the Tribunal to annually inquire into and determine the remuneration for certain office holders in its jurisdiction.  As such, the Tribunal will conduct an annual inquiry and issue its next determination no later than 1 July 2022.

(6) In accordance with section 10A, this determination has considered the:

• Public Sector Wages Policy Statement 2019; and
• financial position and fiscal strategy of the State, as stated in the Government Mid-year Financial Projections Statement of December 2020.

(7) The Tribunal has noted advice received from the Under Treasurer, who stated that while the Western Australian economy appears to be recovering from the severe impact of the COVID-19 pandemic, the outlook is difficult to predict and significant risks remain.  The State’s revenue estimates are currently highly sensitive to changes in key economic parameters.

(8) The Tribunal notes that remuneration provided for offices included in section 6(1)(c), (d) and (e) has not increased for some time.

(9) With the prevailing uncertainty over the economic climate, the Tribunal has determined a $1,000 increase in the remuneration for Clerks of the Parliament and their Deputies, Special Division and Prescribed Office holders. This increase is in line with those provided to the wider public service in accordance with the Public Sector Wages Policy. 

(10) The determination will now issue.

PART 1 INTRODUCTORY MATTERS

1.1 Short Title

This Determination may be cited as the Special Division, Prescribed Office Holders and Clerks of the Parliament Determination No. 1 of 2021.

1.2 Commencement

This Determination comes into operation on 1 July 2021.

1.3 Content and intent

Pursuant to the Salaries and Allowances Act 1975 (‘the Act’) this determination provides for the salary, allowances and other benefits to be paid, provided or reimbursed to:

(a) the Clerk of the Legislative Council or Clerk of the Legislative Assembly or the Deputy Clerk of either House (section 6(1)(c));

(b) officers of the Public Service holding offices including in the Special Division of the Public Service (section 6(1)(d); and

(c) 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 (section 6(1)(e)).

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 Sector CSA Agreement 2019.

(3) Where there is any inconsistency between this determination and the terms and conditions of the Public Service Award 1992 and the Public Sector CSA Agreement 2019, 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

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 Mines, Industry Regulation and Safety.

FIRST SCHEDULE - SPECIAL DIVISION AND PRESCRIBED OFFICE HOLDERS

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

* Salary level set at $320,881 from appointment to 30 June 2022. Effective 01 July 2022, salary level set at $305,151.

Table 2: Prescribed Office Holders

(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

PART 2 CLASSIFICATION FRAMEWORK FOR SPECIAL DIVISION OFFICES

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 

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

PART 3 MOTOR VEHICLE BENEFITS

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

(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) In the event an office holder’s motor vehicle requires modifications to cater for a disability, resulting in total vehicle costs higher than the notional lease values in Table 6, then the reasonable additional cost may be approved by the office holder’s employing authority.  

(6) 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. 

(7) 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. 

(8) 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.  

Table 7: Value of a Motor Vehicle Formula

(9) FBT is costed at applicable Australian Taxation Office rates.  FBT is costed at purchase price (including GST) x Statutory fraction x Gross up (2.0802) x FBT rate (0.470).  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. 

(10) 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

(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

4.1 District Allowances

(1) Officer holders listed in this Section shall be entitled to the applicable district allowances, if they are residing in the relevant region of their department or agency, 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

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

PART 5 HOUSING AND UTILITIES

5.1 Rental Subsidies

(1) Office holders listed in this section are entitled to the applicable Government Regional Officers Housing (GROH) rental subsidies, if they are residing in the relevant region of their department or agency, 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.

(3) In the event the full rental cost is more than the rental subsidy, the difference is to be borne by the office holder. However, Departments or Agencies can apply to the Employing Authority for approval for the difference to be borne by the Department or Agency.

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

Table 11: Rental Subsidies

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

5.3 Electricity subsidies

(1) Office holders listed in this Section shall be entitled to claim electricity subsidies as specified in Table 13 below.

(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

PART 6 SUPERANNUATION ENTITLEMENTS

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 Chief Executive Officer and State Librarian, State Library of Western Australia, while held by Ms C Clark, shall be paid superannuation in accordance with UniSuper.

(5) 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.

(6) 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.

SECOND SCHEDULE SENIOR LEGAL OFFICERS

Part 1 Salary

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

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

* includes $10,000 premium in recognition of appointment as Senior Counsel.

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

Part 3 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 $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. 

THIRD SCHEDULE COURT REGISTRARS

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

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.

FOURTH SCHEDULE DIRECTOR OF PUBLIC PROSECUTIONS AND DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS

Part 1 Salaries 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 $487,517 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 $398,766 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.

FIFTH SCHEDULE CLERKS AND DEPUTY CLERKS OF THE PARLIAMENT

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

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.

SIXTH SCHEDULE SOLICITOR-GENERAL

Part 1 Remuneration

The holder of the office of Solicitor-General is entitled to remuneration of $601,734 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.

SEVENTH SCHEDULE CHIEF PSYCHIATRIST

Part 1 Remuneration

The holder of the office of Chief Psychiatrist is entitled to remuneration of $490,525 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.

EIGHTH SCHEDULE CHIEF HEALTH OFFICER

Part 1 Remuneration

The holder of the office of Chief Health Officer is entitled to remuneration of $497,407 per annum inclusive of salary, motor vehicle entitlements and superannuation.

Part 2 Motor Vehicle Entitlements

For the purpose of superannuation the notional value of the motor vehicle entitlement 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 Health Officer.