Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The President
shall receive salary and allowances or reimbursements at the same rate as a
puisne judge.
(2) The offices of the
members of the Commission, other than the President are to be regarded, for
the purposes of the Salaries and Allowances Act 1975 and any other
written law, as having been prescribed for the purposes of
section 6(1)(e) of that Act.
[(3)-(7) repealed]
(8) A commissioner
shall, while he holds his office, be deemed to be an employee within the
meaning of and for the purposes of the Superannuation and
Family Benefits Act 1938 5, 6 .
(8a) For the purposes
of any calculation or determination under the
Superannuation and Family Benefits Act 1938 5 the duration
of —
(a) any
service by a person as a commissioner that occurs after the commencement day;
(b) any
period for which a person is deemed to have continued in service under the
State following his retirement as a commissioner on or after the
commencement day; and
(c) any
period for which a person might have remained in service under the State but
for —
(i)
his death after the commencement day while serving as a
commissioner; or
(ii)
his retirement as a commissioner on or after the
commencement day on the ground of invalidity or physical or mental incapacity
to perform his duties,
shall be deemed to be
increased by 100% 6 .
(8b) In
subsection (8a) "commencement day" means the day of the coming into
operation of section 3 of the Industrial Arbitration Amendment Act
(No. 2) 1984 1, 6 .
(8c) If a person is a
contributor within the meaning of the
Superannuation and Family Benefits Act 1938 5 immediately before
that person is appointed the President, that person may continue to be such a
contributor notwithstanding that appointment 6 .
(8d) While a person to
whom subsection (8c) applies continues to be a contributor under the
Superannuation and Family Benefits Act 1938 5 , that Act applies to
and in relation to that person, and if that person ceases to be a
contributor —
(a)
before attaining the age of 60 years that person shall be deemed to have
resigned;
(b) on
or after attaining the age of 60 years but before attaining the age of
65 years that person shall be deemed to have elected to retire; or
(c) on
attaining 65 years that person shall be deemed to have retired,
under that Act on the
day that person so ceases to be a contributor and, in each case referred to in
paragraphs (b) and (c), a pension is payable to that person, and that
person’s widow or widower and children after the death of that person,
but the pension otherwise payable under the last-mentioned Act to him or her,
and that person’s widow or widower and children after his or her death,
shall be reduced in accordance with that Act by the amount of the State share
of the first-mentioned pension paid to him or her, and that person’s
widow or widower and children after his or her death 6 .
(9) Where a
commissioner was immediately before his appointment as a commissioner, an
officer of the Public Service of the State, he retains his existing and
accruing rights and for the purpose of determining those rights, his service
as a commissioner shall be taken into account as if it were service within the
Public Service of the State.
(10) The rights of a
commissioner to paid leave of absence and to lump sum payments on ceasing to
hold office for the money equivalent of leave of absence shall be not less
than those of a permanent officer under the Public Sector
Management Act 1994 .
(11) The President is
entitled to the same conditions in respect of leave of absence as a judge.
(12) The provisions of
the Judges’ Salaries and Pensions Act 1950 that relate to pensions
apply, with such modifications as are necessary, to and in relation to the
President, and to and in relation to a surviving spouse, de facto partner or
child of the President after the death of the President, in the same manner as
they apply to and in relation to a judge to whom that Act applies, and to and
in relation to a surviving spouse, de facto partner or child of such a judge,
and for that purpose the term
"judge" in that Act includes the President.
(13) In
subsections (11) and (12) "President" includes any person who acted or
held office as President after the coming into operation of section 3 of
the Industrial Arbitration Amendment Act (No. 2) 1984 1 .
[Section 20 amended by No. 121 of 1982
s. 6; No. 92 of 1984 s. 3 and 4; No. 82 of 1987 s. 8;
No. 99 of 1990 s. 7; No. 20 of 2002 s. 186(1) 4 ;
No. 28 of 2003 s. 89.]