South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 99A

99A—Remuneration of chief executive officer

        (1)         Subject to this section, the remuneration of the chief executive officer of a council will be determined by the council.

        (2)         The Remuneration Tribunal will determine (from time to time) the minimum and maximum remuneration that may be paid or provided to chief executive officers of councils.

        (3)         In making a determination under subsection (2), the Remuneration Tribunal must have regard to any matter prescribed by the regulations.

        (4)         A determination under subsection (2)—

            (a)         may differ based on any factor including, for example, the geographical location of a council or group of councils (such that different minimum and maximum remuneration may be paid or provided to chief executive officers from different councils); and

            (b)         may provide for minimum and maximum remuneration that may be paid or provided to chief executive officers to be indexed in accordance with the determination.

        (5)         The regulations—

            (a)         may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this section; and

            (b)         may modify the application of section 10 of the Remuneration Act 1990 in relation to a determination under this section.

        (6)         Sections 17 and 19 of the Remuneration Act 1990 do not apply in relation to a determination under this section.

        (7)         A reference in the Remuneration Act 1990 to determining remuneration payable in respect of an office will, for the purposes of this section, be taken to include a reference to determining the minimum and maximum remuneration payable in respect of the office.

        (8)         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 determined by the Minister from time to time after consultation with the LGA and the President of the Tribunal.

        (9)         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.

        (10)         A council must ensure that the remuneration of its chief executive officer is within the relevant minimum and maximum remuneration determined by the Remuneration Tribunal for the purposes of this section.