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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Parliamentary, Local Council and
Public Sector Executives
Remuneration Legislation Amendment
Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Parliamentary Remuneration Act 1989
No 160 3
Schedule 2 Amendment of Local Government Act 1993 No 30 5
Schedule 3 Amendment of Statutory and Other Offices Remuneration
Act 1975 (1976 No 4) 6
Schedule 4 Amendment of Health Services Act 1997 No 154 7
b2011-074-33.d08
New South Wales
Parliamentary, Local Council and
Public Sector Executives
Remuneration Legislation Amendment
Bill 2011
No , 2011
A Bill for
An Act to amend the Parliamentary Remuneration Act 1989, the Local Government
Act 1993, the Statutory and Other Offices Remuneration Act 1975 and the Health
Services Act 1997 to apply the same government public sector wages cap that binds
the Industrial Relations Commission to the determination of the remuneration for
Ministers and other members of Parliament, local councillors, statutory officers,
public sector executives and hospital visiting medical officers; and for other
purposes.
Parliamentary, Local Council and Public Sector Executives Remuneration
Clause 1 Legislation Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Parliamentary, Local Council and Public Sector 3
Executives Remuneration Legislation Amendment Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Parliamentary, Local Council and Public Sector Executives Remuneration
egislation Amendment Bill 2011
Amendment of Parliamentary Remuneration Act 1989 No 160 Schedule 1
Schedule 1 Amendment of Parliamentary 1
Remuneration Act 1989 No 160 2
[1] Section 4 3
Omit the section. Insert instead: 4
4 Definition of basic salary 5
(1) For the purposes of this Act, the basic salary is as follows: 6
(a) until the Tribunal otherwise determines, the amount of the 7
annual allowance by way of salary payable under the law 8
of the Commonwealth to a member of the House of 9
Representatives who is not entitled to any additional 10
salary, less $500, 11
(b) the amount determined by the Tribunal from time to time 12
in accordance with this section. 13
(2) The Tribunal may make a determination fixing the amount of the 14
basic salary. Determinations are to be made at such times as the 15
Tribunal thinks fit or the Minister directs. 16
(3) In making a determination, the Tribunal is to give effect to the 17
same policies on increases in remuneration as those that the 18
Industrial Relations Commission is required to give effect to 19
under section 146C of the Industrial Relations Act 1996 when 20
making or varying awards or orders relating to the conditions of 21
employment of public sector employees. 22
(4) The policies referred to in subsection (3) do not include any 23
policy that provides for increases in remuneration based on 24
employee-related savings. 25
[2] Section 17 Other provisions as to basic salary 26
Omit the section. 27
[3] Schedule 3 Savings, transitional and other provisions 28
Insert at the end of clause 1: 29
Parliamentary, Local Council and Public Sector Executives 30
Remuneration Legislation Amendment Act 2011 31
Page 3
Parliamentary, Local Council and Public Sector Executives Remuneration
Legislation Amendment Bill 2011
Schedule 1 Amendment of Parliamentary Remuneration Act 1989 No 160
[4] Schedule 3, clause 5 1
Insert at the end of Schedule 3: 2
5 Basic salary changes after introduction of Bill for the 3
Parliamentary, Local Council and Public Sector Executives 4
Remuneration Legislation Amendment Act 2011 5
If the annual allowance by way of salary payable under the law 6
of the Commonwealth is varied after 20 June 2011 and before the 7
Tribunal makes a determination under section 4 of this Act, the 8
basic salary for the purposes of this Act does not include (and is 9
taken never to have included) any amount that exceeds $139,544. 10
Note. The amount of $139,544 represents the basic salary of $136,140 11
on 20 June 2011 increased by 2.5%. 12
Page 4
Parliamentary, Local Council and Public Sector Executives Remuneration
egislation Amendment Bill 2011
Amendment of Local Government Act 1993 No 30 Schedule 2
Schedule 2 Amendment of Local Government Act 1
1993 No 30 2
Section 242A 3
Insert after section 242: 4
242A Tribunal to give effect to declared government policy on 5
remuneration for public sector staff 6
(1) In making a determination, the Remuneration Tribunal is to give 7
effect to the same policies on increases in remuneration as those 8
that the Industrial Relations Commission is required to give 9
effect to under section 146C of the Industrial Relations Act 1996 10
when making or varying awards or orders relating to the 11
conditions of employment of public sector employees. 12
(2) The policies referred to in subsection (1) do not include any 13
policy that provides for increases in remuneration based on 14
employee-related savings. 15
Page 5
Parliamentary, Local Council and Public Sector Executives Remuneration
Legislation Amendment Bill 2011
Schedule 3 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
Schedule 3 Amendment of Statutory and Other 1
Offices Remuneration Act 1975 (1976 2
No 4) 3
Section 6AA 4
Insert after section 6: 5
6AA Tribunal to give effect to declared government policy on 6
remuneration for public sector staff 7
(1) This section applies to the following determinations of the 8
Tribunal: 9
(a) the determination under Part 3 of any alteration in the 10
remuneration to be paid to office holders, 11
(b) the determination under Part 3A of any alteration in the 12
remuneration packages for executive office holders. 13
This section does not apply to determinations relating to judicial 14
officers (within the meaning of the Judicial Officers Act 1986) or 15
to determinations relating to any office while held by a specified 16
person. 17
(2) In making a determination to which this section applies, the 18
Tribunal is to give effect to the same policies on increases in 19
remuneration as those that the Industrial Relations Commission 20
is required to give effect to under section 146C of the Industrial 21
Relations Act 1996 when making or varying awards or orders 22
relating to the conditions of employment of public sector 23
employees. 24
Page 6
Parliamentary, Local Council and Public Sector Executives Remuneration
egislation Amendment Bill 2011
Amendment of Health Services Act 1997 No 154 Schedule 4
Schedule 4 Amendment of Health Services Act 1997 1
No 154 2
[1] Section 92 Manner of exercise of arbitrator's functions 3
Omit section 92 (2). Insert instead: 4
(2) In making a determination under this Part, the arbitrator is to give 5
effect to the same policies on increases in remuneration as those 6
that the Industrial Relations Commission is required to give 7
effect to under section 146C of the Industrial Relations Act 1996 8
when making or varying awards or orders relating to the 9
conditions of employment of public sector employees. 10
[2] Section 121J Determination of remuneration packages 11
Insert after section 121J (2): 12
(3) In making a determination of the remuneration packages for 13
health executives, the Director-General is to give effect to the 14
same policies on increases in remuneration as those that the 15
Industrial Relations Commission is required to give effect to 16
under section 146C of the Industrial Relations Act 1996 when 17
making or varying awards or orders relating to the conditions of 18
employment of public sector employees. 19
Page 7
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