Special Division and Prescribed Office Holders No 1 of 2024

Decision
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.
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Determination of The Salaries And Allowances Tribunal

Special Division, Prescribed Office Holders and Clerks of the Parliament Determination No. 1 of 2024

Signed on 21 June 2024.

  • M Seares AO - CHAIR
  • Hon J Day - MEMBER
  • Dr M Schaper - MEMBER

Salaries And Allowances Tribunal

The determination will now issue.

*This webpage record is updated periodically to reflect Variations issued by the Tribunal from time to time. A PDF original version of the Determination can be found at the bottom of this page.

PREAMBLE

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 included 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) Section 8(a) of the Act provides that a Determination relating to officers identified in sections 6(1)(c), 6(1)(d) and S6(1)(e) must be issued within 12 months of the previous Determination. The Tribunal's most recent Determination in relation to the remuneration of the officers was issued on 22 June 2021.

(3) In accordance with section 10A, this Determination has considered the:

  • Public Sector Wages Policy Statement, issued on 18 December 2023; and
  • financial position and fiscal strategy of the State, as stated in the WA State Budget 2024-25

Decision

(4) The Tribunal has considered the current economic environment, noting the WA State Budget 2024-25 and the Public Sector Wages Policy.

(5) The Tribunal notes the ongoing attraction and retention concerns experienced in the public sector and the impact limited salary increases over the medium term have had, along with broader employment market conditions. 

(6) The Tribunal has determined a general 4% increase in remuneration for officers within this Determination with the exception of Office Holders in the Third Schedule, who received a general increase in October 2023. This increase remains in line with the increases available to the wider public service and provided to other groups in the Tribunal’s jurisdiction.

(7) Officers outlined in the sixth, seventh and eighth schedules, whose remuneration is determined as a total remuneration package, will receive an additional 0.5% increase to take into account the Superannuation Guarantee increase effective from 01 July 2024. 

(8) The 4% increase has been applied to the maximum and minimum of the salary bands.

(9) In addition to the general salary increase, the salaries of some individual positions have been adjusted following review and assessment by the Tribunal in response to submissions from the Office Holders. These changes have been applied to ensure salaries are more appropriately aligned to reflect resourcing objectives and long-term value. The positions affected by these changes are:

  • Director General, Department of Finance;
  • Auditor General, Office of the Auditor General; and
  • Commissioner of Corrective Services, Department of Justice.
     

(10) The Tribunal has continued its structural review of the Special Division which began in 2023 where some changes to select Band 3 and 4 Chief Executive Officers (CEOs) were made in November 2023 and continued with adjustments made to Band 1 CEOs in January 2024. In this determination, the Tribunal has reviewed the work value classification of Band 2 CEOs. and where appropriate, have realigned the positions within the Band 2 range. 

(11) The Tribunal has conducted substantial analysis of CEO positions as well as any attraction and retention concerns, comparisons with other position within WA and other jurisdictions, along with anything else the Tribunal finds relevant, and where required, have reclassified positions within their respective band ranges to better reflect the work value of the position. The Tribunal made adjustments to select Band 3 and 4 Chief Executive Officers (CEOs) in November 2023 and Band 1 CEOs in January 2024. The Tribunal has finalised its structural review of Special Division CEOs with some adjustments made to Band 2 CEOs in this determination.

(12) The positions considered within the structural review were:
•    Director General, Department of Primary Industries and Regional Development;
•    Director General, Department of Planning, Lands and Heritage; 
•    Director General, Department of Biodiversity, Conservation and Attractions;
•    Managing Director, Insurance Commission of WA;
•    Chief Executive Officer, Government Employees Superannuation Board;
•    Director General, Department of Local Government, Sport and Cultural Industries;
•    Commissioner, Mental Health Commission;
•    Director General, Department of Water and Environmental Regulation;
•    Chief Executive Officer, Infrastructure WA; and
•    Director General, Department of Training and Workforce Development.
 

(13) A structural review of Non-CEO positions within the Special Division will be conducted by the Tribunal throughout 2024 and 2025.

(14) The Tribunal has continued to monitor the impacts of changes to lease costs associated with motor vehicles and has adjusted the Motor Vehicle benefits throughout the Determination to better align to the current market. 

(15) The Determination will now issue.

PART 1 INTRODUCTORY MATTERS

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

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 2024.

1.2 Commencement

This Determination comes into operation on 1 July 2024.

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.

Officer means the person appointed to the position on a substantive basis.

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 2022. With the exception of positions at WA Police Service contained in Table 2: Prescribed Office Holders within Part 1 of the First Schedule where leave provisions will be in accordance with the Western Australia Police Force Industrial Agreement 2021.

(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 2022, 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 circular No. 04 of 2012 “Guidelines for Salary Packaging in the WA Public Sector 2012” issued by the Department of Mines, Industry Regulation and Safety.

FIRST SCHEDULE - SPECIAL DIVISION AND PRESCRIBED OFFICE HOLDERS

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

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

OfficeDepartment or AgencyBandOffice HolderSalary
Chief Executive OfficerArts and Culture Trust4Janis Carren$243,307
Director GeneralBiodiversity, Conservation and Attractions2S Smith$387,854
Chief Executive OfficerBotanic Gardens and Parks Authority4S SmithSee Director General, Biodiversity, Conservation and Attractions
Managing DirectorCentral Regional TAFE4J Payne$260,348
Chief Executive OfficerChemCentre4P Nicholls$243,307
Director GeneralCommunities1M Rowe$487,242
RegistrarDepartment of the Registrar, Western Australian Industrial Relations Commission4S Bastian$243,307
Director GeneralEducation1J Peckitt$528,302
Director GeneralFinance1J Cant$487,242
DirectorGascoyne Development Commission4T Bray$224,128
DirectorGoldfields-Esperance Development Commission4K Starcevich$224,128
Chief Executive OfficerGovernment Employees Superannuation Board2B Palmer$387,854
DirectorGreat Southern Development Commission4N Monks$224,128
Managing DirectorInsurance Commission of Western Australia2R Whithear$387,854
Director GeneralJobs, Tourism, Science and Innovation1R Brown$466,712
Director GeneralJustice1K Maj$487,242
DirectorKimberley Development Commission4C Berger$224,128
Director GeneralLocal Government, Sport and Cultural Industries2L Chopping$387,854
Chief Executive OfficerLotteries Commission3C Smith$335,867
CommissionerMental Health Commission2M Lewis$387,854
Chief Executive OfficerMetropolitan Cemeteries Board4K Oliver$243,307
Chief Executive OfficerMetropolitan Redevelopment Authority3D MudfordSee total remuneration package for WA Land Authority in the Government Trading Entities CEO Determination
DirectorMid-West Development Commission4N Hay$224,128
Chief Executive OfficerMinerals Research Institute of Western Australia4N Roocke$244,897
Managing DirectorNorth Metropolitan TAFE3M Hoad$298,108
Managing DirectorNorth Regional TAFE4P Dewhurst$260,348
DirectorPeel Development Commission4A Ward$224,128
DirectorPilbara Development Commission4S Taylor$233,184
Director GeneralPlanning, Lands and Heritage2A Kannis$405,120
Director GeneralPremier and Cabinet1E Roper$528,302
Director GeneralPrimary Industries and Regional Development1H Brayford$405,120
Chief Executive OfficerPublic Transport Authority2P WoronzowSee Director General, Department of Transport
Chief Executive OfficerRottnest Island Authority4S SmithSee Director General, Department of Biodiversity, Conservation and Attractions
Chief Executive OfficerSchool Curriculum and Standards Authority3J PeckittSee Director General, Department of Education
Small Business CommissionerSmall Business Development Corporation3D Eaton$279,230
Managing DirectorSouth Metropolitan TAFE3D Ganeson-Oats$298,108
Managing DirectorSouth Regional TAFE4B Marsh$260,348
DirectorSouth West Development Commission4Vacant$-
Director GeneralTraining and Workforce Development2J Wallace$370,494
Director GeneralTransport1P Woronzow$487,242
Under TreasurerTreasury1M Barnes$528,302
Director GeneralWater and Environmental Regulation2A Jones$387,854
Chief Executive OfficerWestern Australian Health Promotion Foundation4C SmithSee Chief Executive Officer, Lotteries Commission
Chief Executive OfficerWestern Australian Land Information Authority3T Scully$298,108
DirectorWheatbelt Development Commission4R Cossart$224,128
Chief Executive OfficerWorkCover Western Australia Authority4C White$260,348
Chief Executive OfficerZoological Parks Authority4S SmithSee Director General, Biodiversity, Conservation and Attractions

*Position is vacant until stated Office Holder commences effective from 10 July 2023.

Table 2: Prescribed Office Holders

OfficeDepartment or AgencyOffice HolderSalary
Commissioner for Equal OpportunityEqual Opportunity CommissionerJ Byrne$298,108
CommissionerFire and Emergency ServicesD Klemm$446,181
General ManagerForest Products CommissionS West$298,108
Chief Health OfficerHealthA RobertsonSee Eighth Schedule
DirectorHealth and Disability Services Complaints OfficeS Cowie$267,900
Chief Executive OfficerInfrastructure WAP Helberg$379,506
Commissioner of Main RoadsMain Roads WAP WoronzowSee Director General, Department of Transport
PresidentMental Health TribunalA Lu$335,867
Auditor GeneralOffice of the Auditor GeneralC Spencer$487,242
Chief PsychiatristOffice of the Chief PsychiatristN GibsonSee Seventh Schedule
Commissioner for Children and Young PeopleOffice of the Commissioner for Children and Young PeopleJ McGowan-Jones$298,108
Director of Public ProsecutionsOffice of the Director of Public ProsecutionsR OwenSee Fourth Schedule
Deputy Director of Public ProsecutionsOffice of the Director of Public ProsecutionsJ Whalley SCSee Fourth Schedule
Information CommissionerOffice of the Information CommissionerC Fletcher$260,348
Inspector of Custodial ServicesOffice of the Inspector of Custodial ServicesE Ryan$260,348
Solicitor GeneralOffice of the Solicitor GeneralC Bydder SCSee Sixth Schedule
CommissionerParliamentary Commissioner for Administrative InvestigationsVacant$-
Deputy CommissionerParliamentary Commissioner for Administrative InvestigationsD Robinson$219,091
Public Sector CommissionerPublic Sector CommissionS O'Neill$528,302
Chief Executive Officer and State LibrarianState Library of Western AustraliaC Clark$260,348
Electoral CommissionerWestern Australian Electoral CommissionR Kennedy$279,230
Deputy Electoral CommissionerWestern Australian Electoral CommissionC Barron$211,080
Commissioner of PoliceWestern Australian Police ServiceC Blanch$528,302
Deputy CommissionerWestern Australian Police ServiceA Adams$310,539
Deputy CommissionerWestern Australian Police ServiceK Whitely$310,539
Assistant CommissionerWestern Australian Police ServiceP Zanetti$234,811
Assistant CommissionerWestern Australian Police ServiceD Gaunt$234,811
Assistant CommissionerWestern Australian Police ServiceP Healy$234,811
Assistant CommissionerWestern Australian Police ServiceP Dallimore$234,811
Assistant CommissionerWestern Australian Police ServiceJ McCabe$234,811
Assistant CommissionerWestern Australian Police ServiceT Longhorn$234,811
Assistant CommissionerWestern Australian Police ServiceA Mavratsou$234,811
Assistant CommissionerWestern Australian Police ServiceK Taylor$234,811
Assistant CommissionerWestern Australian Police ServiceG Knott$234,811
Assistant CommissionerWestern Australian Police ServiceB Royce$234,811
Assistant CommissionerWestern Australian Police ServiceVacant$234,811
Assistant CommissionerWestern Australian Police ServiceVacant$234,811
Chief Executive OfficerWestern Australian Tourism CommissionR BrownSee Director General, Jobs, Tourism, Science and Innovation
WorkSafe CommissionerWorkSafe WAS North$260,384

(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.

(4) Where the Deputy Commissioner, Parliamentary Commissioner for Administrative Investigations, acts in the position of Commissioner, Parliamentary Commissioner for Administrative Investigations 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 Commissioner, Parliamentary Commissioner for Administrative Investigations for the duration of the acting arrangement.

Table 3: Special Division Non-CEOs

OfficeDepartment or AgencyBandOffice HolderSalary
Deputy Director GeneralBiodiversity, Conservation and Attractions3P Dans$251,852
Deputy Director General, Strategy and GovernanceBiodiversity, Conservation and Attractions3N Page$251,852
Deputy Director General, Housing and AssetsCommunities2L McIvor$339,333
Deputy Director General, Community ServicesCommunities2M Samuels$310,540
Deputy Director General, DisabilityCommunities2Vacant$-
Deputy Director General, Business ServicesCommunities4S Maines$251,852
Deputy Director General, Professional Standards, Regulation and LegalCommunities4Vacant$-
Deputy Director General, Education Business ServicesEducation2Vacant$-
Deputy Director General, SchoolsEducation2Vacant$-
Deputy Director General, Student AchievementEducation2M Sands$310,540
Executive Director, School Curriculum and StandardsEducation3J Healy$310,540
Deputy Director General, Coordinator of EnergyEnergy, Mines, Industry Regulation and Safety2J Thomas$310,540
Deputy Director General, Resource and Environmental RegulationEnergy, Mines, Industry Regulation and Safety3A Chaplyn$251,852
Deputy Director General, Industry Regulation and Consumer ProtectionEnergy, Mines, Industry Regulation and Safety3Vacant$-
Deputy Director General, Corporate Services and Labour RelationsEnergy, Mines, Industry Regulation and Safety3I Munns$251,852
Deputy Director General, Powering WAEnergy, Mines, Industry Regulation and Safety3Vacant$-
Deputy Director General, Building, Energy Safety and Service DeliveryEnergy, Mines, Industry Regulation and Safety3Vacant$-
Commissioner for Consumer ProtectionEnergy, Mines, Industry Regulation and Safety3Vacant$-
Deputy Director General, Buildings and ContractsFinance2S Whitmarsh$325,795
Deputy Director General, Major ProjectsFinance2N Godecke$351,648
Deputy Director General, Advisory ServicesFinance3K Ingham$265,259
Chief Customer Officer, Service WAFinance3H Farrell$251,852
Commissioner of State RevenueFinance2C McMahon$310,540
Deputy Commissioner, OperationsFire and Emergency Services3C Waters$295,898
Deputy Commissioner, Strategy and Emergency ManagementFire and Emergency Services3M Pexton$295,898
Deputy Director GeneralHealth2A Kelly$324,243
Assistant Director General Strategy and GovernanceHealth2N O'Keefe$324,243
Assistant Director General Purchasing and System PerformanceHealth2R Anderson$324,243
Deputy Chief Executive OfficerInfrastructure WA4O Thomas$251,956
Deputy Director General, Industry Science and InnovationJobs, Tourism, Science and Innovation3L Dawson$251,852
Deputy Director General Resources and Project FacilitationJobs, Tourism, Science and Innovation3P Gorey$251,852
Deputy Director General Strategy and International EngagementJobs, Tourism, Science and Innovation3S Spencer$251,852
Managing DirectorJobs, Tourism, Science and Innovation3A Brown$280,000
Commissioner of Corrective Services (Deputy Director General)Justice2B Royce$339,333
Executive Director, Courts and Tribunal ServicesJustice4J Stampalia$234,810
Public TrusteeJustice4B Roche$251,852
Deputy Director General, Portfolio Management and CoordinationLocal Government, Sport and Cultural Industries3E Gauntlett$251,852
Managing DirectorMain Roads WA2J Erceg$339,333
Deputy Auditor GeneralOffice of the Auditor General2S Labuschagne$251,852
Director Corporate ServicesOffice of the Director of Public Prosecutions3G Gilbert$281,196
Deputy Director General, Aboriginal Engagement and Community PolicyPremier and Cabinet2F Hunt$339,333
Deputy Director General, Intergovernmental Relations and Strategic PrioritiesPremier and Cabinet2A Pickrell$339,333
Deputy Director General, Infrastructure, Economy and EnvironmentPremier and Cabinet3Vacant$-
Government Chief Information OfficerPremier and Cabinet3G Italiano$281,196
Assistant Director General, State ServicesPremier and Cabinet4S O'Leary$251,852
Deputy Director General Industry and Economic DevelopmentPrimary Industries and Regional Development3P Isaachsen$266,523
Deputy Director General Fisheries and SustainabilityPrimary Industries and Regional Development3Vacant$ -
Deputy Director General Primary Industries DevelopmentPrimary Industries and Regional Development3C McConnell$266,523
Deputy Director General Biosecurity and Emergency ManagementPrimary Industries and Regional Development3Vacant$- 
Managing DirectorPublic Transport Authority2M Burgess$339,333
Director of the Office of Major Transport Infrastructure DeliveryPublic Transport Authority4L CociSee Managing Director OMTID, Transport
Managing Director OMTIDTransport2L Coci$339,333
Managing Director DoTTransport2I Cameron$339,333
Managing Director MetronetTransport2A Vincent$339,333
Managing Director WestportTransport3P Seares$280,095
Deputy Under TreasurerTreasury2M Court$339,333
Assistant Under Treasurer, EconomicTreasury3M Andrews$281,196*
Assistant Under Treasurer, Agency Budgeting and GovernanceTreasury3R Watson$281,196*
Assistant Under Treasurer, Strategic Policy and EvaluationTreasury3Vacant$-
Assistant Under Treasurer, Advisory ServicesTreasury3A Jalleh$281,196
Deputy Director General, ApprovalsWater and Environmental Regulation3C Shaw$266,523
Deputy Director General, Climate and SustainabilityWater and Environmental Regulation3E Briggs$266,523
Executive DirectorWestern Australian Police Service3F Pasquale$310,539

* Current officeholders receive a temporary salary increase of $28,215.00 p.a. effective for twelve months from 01 January 2025 with further extension subject to approval by the Salaries and Allowances Tribunal.

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.

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

BandAnnual Salary Range
SPECIAL DIVISION CHIEF EXECUTIVE OFFICERS
Band 1$405,120$569,364
Band 2$335,867$405,120
Band 3$260,348$335,867
Band 4$224,128$260,348

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

BandAnnual Salary Range 
SPECIAL DIVISION NON-CHIEF EXECUTIVE OFFICERS
Band 1Not applicableNot applicable
Band 2$310,540$365,350
Band 3$251,852$310,540
Band 4$211,080$251,852

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.

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 – 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 Agency Fleet Coordinator.

(5) Office Holders who choose to lease an Electric Vehicle (EV) need to be aware that the costs associated with re-fuelling an electric vehicle are not included in published annual operating costs and are the responsibility of the officeholder. Office Holders will be responsible for making their own arrangements for at-home EV charging infrastructure and energy costs. Office Holders may not utilise office-based charging infrastructure nor agency-provided recharging cards to refuel SAT vehicles.

(6) 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.

(7) 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.

(8) 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.

(9) 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 Value of the lease and the cost to the Office Holder

(1) The annual whole of life cost allowance for the vehicle (including accessories) shall be $26,000 p.a.

(2) The annual whole of life cost of the vehicle 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. 

(4) The total whole of life 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. 

(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 value, then the reasonable additional cost may be approved by the Office Holder’s employing authority. 

(6) Where the annual whole of life cost 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) Where the annual whole of life cost of a vehicle and accessories is greater than the relevant benefit, the difference in cost is to be subtracted fortnightly from the Office Holder’s remuneration. Salary adjustments are fixed once the Office Holder commits to a vehicle model and accessory package – regardless of any fluctuations in whole of life costs occurring up to, and post delivery. However, in the event the Office Holder elects to amend the vehicle lease term (including lease extensions or increased lease kilometres), a salary adjustment review (taking into account the revised whole of life costs) must be undertaken and applied. Vehicle leases must be aligned to actual usage.

(8) 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 annual whole of life cost to the Government of the vehicle sought (using the formula detailed below), compared with the annual whole of life cost allowance. 

(9) The whole of life cost of the vehicle benefit must include the lease cost (based on nominated lifespan and kilometres), Fringe Benefits Tax (FBT) and all other operating costs.  The formula to be adopted in valuing the motor vehicle is outlined in Table 6. 

Table 6: Whole of life cost 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

(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, they may choose any vehicle and accessories in the relevant Western Australian Government Common Use Agreement or an “off contract” vehicle and accessories available under Government leasing arrangements in accordance with the following criteria.

(2) Office Holders unable to access 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 the Office Holder elects not to be provided with a motor vehicle through State Fleet, they are entitled to the cash value being paid fortnightly as additional remuneration.

(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.

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 Circular 3/2019 - District Allowance Rates 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 Circular 3/2019 - District Allowance Rates, the standard rates set out in Table 7 below shall form the basis of the calculations unless and until determined otherwise by the Tribunal.

Table 9: District Allowances

OfficeDepartment or Agency

Office

Holder

Annual District Allowance

(Standard Rate)

Managing DirectorCentral Regional TAFEJ Payne$1,239
DirectorGascoyne Development CommissionT Bray$4,387
DirectorKimberley Development CommissionC Berger$7,436
DirectorMid West Development CommissionN Hay$1,239
Managing DirectorNorth Regional TAFEH Smart$8,361
DirectorPilbara Development CommissionS Taylor$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 8: Travel Allowances – Annual Leave Travel Concessions

OfficeDepartment or AgencyOffice Holder
DirectorGascoyne Development CommissionT Bray
DirectorKimberley Development CommissionC Berger
Managing DirectorNorth Regional TAFEH Smart
DirectorPilbara Development CommissionS Taylor

PART 5 HOUSING AND UTILITIES

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

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 Communities GROH Tenant Rent Setting Framework Policy (2019) (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 Communities on-line rent calculator which can be accessed at:

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

(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 9: Rental Subsidies

OfficeDepartment or AgencyOffice Holder
DirectorGascoyne Development CommissionT Bray
DirectorPilbara Development CommissionS Taylor
DirectorMid-West Development CommissionN Hay
Managing DirectorNorth Regional TAFEH Smart

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 Communities' Home Ownership Subsidy Scheme and Tenants Purchasing a GROH Dwelling Policy (January 2020).

(2) The home ownership subsidy shall be payable for the benefit of the office holder up to the maximum specified in Table 10 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 10 below.

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

Table 10: Home Ownership Subsidies

OfficeDepartment or AgencyOffice HolderMaximum Annual Home Ownership Subsidy
Managing DirectorCentral Regional TAFEJ Payne

$9,100

($175 per week)

DirectorKimberley Development CommissionC Berger

$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 11 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 11 and the full electricity amounts is payable by the office holder.

Table 11: Electricity Subsidies

OfficeDepartment or AgencyOffice HolderMaximum Annual Electricity Subsidy
DirectorGascoyne Development CommissionT Bray$1,531
DirectorKimberley Development CommissionC Berger$3,051
Managing DirectorNorth Regional TAFEH Smart$2,552
DirectorPilbara Development CommissionS Taylor$3,276

PART 6 SUPERANNUATION ENTITLEMENTS

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

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 website.

(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.

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.

THIRD SCHEDULE COURT REGISTRARS

Part 1 Salary

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

Table 14: Annual salary for Court Registrars

Supreme CourtAnnual salary
Principal Registrar$394,308
Registrar$349,317
District CourtAnnual salary
Principal Registrar$367,308
Registrar$345,201
Deputy Registrar$334,880

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 whole of life value of $25,000 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

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.

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 $536,589 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 $438,905 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 whole of life value of $29,000 per annum. In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this Determination apply to these office holders.

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.

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 15: Annual salary for the Clerks and Deputy Clerks of the Parliament

OfficeAnnual Salary
Clerk of the Legislative Council$283,286
Deputy Clerk of the Legislative Council$218,151
Clerk of the Legislative Assembly$283,286
Deputy Clerk of the Legislative Assembly$218,151

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

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.

SIXTH SCHEDULE SOLICITOR-GENERAL

Part 1 Remuneration

The holder of the office of Solicitor-General is entitled to remuneration of $671,886 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 whole of life value of the motor vehicle entitlements is $29,000 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this Determination apply to the Solicitor-General.

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.

SEVENTH SCHEDULE CHIEF PSYCHIATRIST

Part 1 Remuneration

The holder of the office of Chief Psychiatrist is entitled to remuneration of $547,712 per annum inclusive of salary, motor vehicle entitlement and superannuation.

Part 2 Motor Vehicle Benefits

For the purpose of superannuation the whole of life value of the motor vehicle entitlements is $26,000 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this Determination apply to the Chief Psychiatrist.

EIGHTH SCHEDULE CHIEF HEALTH OFFICER

Pursuant to Section 12 of the Public Health Act 2016 the Salaries and Allowances Tribunal determines the remuneration to be paid or provided to the holder of the office of Chief Health Officer.

EIGHTH SCHEDULE CHIEF HEALTH OFFICER

Part 1 Remuneration

The holder of the office of Chief Health Officer is entitled to remuneration of $555,396 per annum inclusive of salary, motor vehicle entitlements and superannuation.

Part 2 Motor Vehicle Entitlements

For the purpose of superannuation the whole of life value of the motor vehicle entitlement is $26,000 per annum.  In all other respects, the motor vehicle entitlements set out in Part 3 of the First Schedule of this Determination apply to the Chief Health Officer.

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