South Australian Current Acts South Australian Current Acts (1) Subject to this
Act, a member of a council is entitled to the allowance determined by the
Remuneration Tribunal in relation to the member's office and indexed in
accordance with this section.
(2) The Remuneration
Tribunal must make determinations under this section on a 4 yearly basis
before the designated day in relation to each set of periodic elections held
under the Local Government (Elections) Act 1999 .
(3) The Remuneration
Tribunal must, in making a determination under this section, have regard to
the following:
(a) the
role of members of council as members of the council's governing body and as
representatives of their area;
(b) the
size, population and revenue of the council, and any relevant economic,
social, demographic and regional factors in the council area;
(ba) the
ratio of members to ratepayers;
(c) the
fact that an allowance under this section is not intended to amount to a
salary for a member;
(d) the
fact that an allowance under this section should reflect the nature of a
member's office;
(e) the
provisions of this Act providing for the reimbursement of expenses of members.
(4) For the purposes
of the proceedings before the Remuneration Tribunal but without derogating
from the operation of subsection (3), the allowances to be determined
under this section will be taken to be in the nature of a fee
under the definition of "remuneration" in the Remuneration Act 1990 .
(5) Without limiting
section 10 of the Remuneration Act 1990 , the Remuneration Tribunal
must—
(a)
allow persons who are entitled to be enrolled on the voters roll for an area a
reasonable opportunity to make submissions orally or in writing to the
Tribunal in relation to a determination under this section that relates to the
members of the council for that area; and
(b)
allow the LGA a reasonable opportunity to make submissions orally or in
writing to the Tribunal in relation to any determination under this section.
(6) Nothing in
subsection (5) requires the Remuneration Tribunal, for the purposes of
making all determinations required under this section in any 4 year
period, to hold more than 1 hearing to receive any oral submissions that
persons may care to make (and the Tribunal is not required to hold any hearing
if it appears to the Tribunal that no one is seeking to make oral
submissions).
(7) The rates of
allowances may vary from office to office, and from council to council.
(8) An allowance
determined under this section will, in relation to the members of a particular
council, be payable for the period—
(a)
commencing on the conclusion of the relevant periodic election; and
(b)
concluding at the time at which the last result of the next periodic election
is certified by the returning officer under the Local Government (Elections)
Act 1999 (including in respect of a member of the council for whom the
conclusion of the next periodic election is, for other purposes, the last
business day before the second Saturday of November of the year of the
periodic election as a result of the operation of section 4(2)(a)).
(9) An allowance
determined under this section is to be adjusted on the first, second and third
anniversaries of the relevant periodic elections to reflect changes in the
Consumer Price Index.
(10) Sections 17
and 19 of the Remuneration Act 1990 do not apply in relation to a
determination under this section.
(11) Subject to
subsection (8), a member of a council who holds an office for part only
of the period in respect of which an allowance is payable is entitled to the
proportion of the allowance that the period for which the member held the
office bears to the total period.
(12) An allowance
under this section is to be paid in accordance with any requirement set out in
the regulations (unless the member declines to accept payment of an
allowance).
(13) Despite any other
Act or law, the reasonable costs of the Remuneration Tribunal in making a
determination under this section are to be paid by the LGA under an
arrangement established by the President of the Tribunal after consultation
with the LGA.
(13a) The LGA may
recover the reasonable costs incurred by the Remuneration Tribunal in making a
determination under this section as a debt from the councils to which the
determination relates.
(14) Regulations made
for the purposes of this section may make different provision according to the
offices or classes of council to which they are expressed to apply.
(15) In this
section—
"Consumer Price Index" means the Consumer Price Index (All groups index for
Adelaide) published by the Australian Bureau of Statistics;
"designated day", in relation to particular periodic elections, means the day
that is 14 days before the day on which nominations close for those
elections.