Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Tribunal
shall, from time to time as provided by this Act, inquire into, and determine,
the remuneration to be paid or provided to —
(a)
Ministers of the Crown and the Parliamentary Secretary of the Cabinet;
(ab)
subject to section 44A(4) and (5) of the Constitution Acts Amendment
Act 1899 , a Parliamentary Secretary appointed under section 44A(1)
of that Act;
(b)
officers and members of the Parliament including additional remuneration to be
paid or provided to a member, other than an officer, of Parliament who is the
Chairman, Deputy Chairman or a member of a standing committee of a House or a
joint standing committee of both Houses;
(c)
Clerk of the Legislative Council or Clerk of the Legislative Assembly or the
Deputy Clerk of either House;
(d)
officers of the Public Service holding offices included in the Special
Division of the Public Service; and
(e) 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.
(2) A determination of
the Tribunal —
(a)
shall be in writing;
(b)
shall be signed by the members; and
(c)
shall come into operation, or shall be deemed to have come into operation, on
such date as is specified therein.
(3) A copy of every
determination made by the Tribunal, shall be published in the Government
Gazette .
(4) Any remuneration
which is payable pursuant to a determination shall, notwithstanding the
provisions of any other law of the State, be paid in accordance with the
determination and charged to the Consolidated Account, which is appropriated
accordingly, or, where the law creating an office to which a determination
applies provides for the remuneration of the holder of the office to be paid
from some other fund or source, out of that fund or source.
(5) Except where the
Tribunal otherwise determines, a member of the Legislative Assembly who ceases
to be a member thereof by reason of the dissolution of that House or the
expiry thereof by effluxion of time shall nevertheless be deemed for the
purposes of this Part and the provisions of any determination to have
continued to have been such a member until the day fixed for the taking of the
poll next following the dissolution or expiry.
(5a) Notwithstanding
any other provision of this Act or any determination, where a person elected
as a member of Parliament is a person to whom section 36 or
section 37 of the Constitution Acts Amendment Act 1899 applies, that
person shall not be entitled to any remuneration as such a member in respect
of any period for which he remains a person to whom that section applies.
(5b) Notwithstanding
any other provision of this Act or any determination —
(a) a
person elected as a member of the Legislative Council at a general election
shall not be entitled to any remuneration as such a member in respect of any
period before 22 May next following the general election unless that
person was a member of the Legislative Council immediately before the general
election or is declared elected under section 156D of the Electoral
Act 1907 to complete the unexpired portion of a term of office ending on
that 22 May; and
(b)
where an election held as part of a general election for the Legislative
Council fails wholly or partially or is declared to be absolutely void and an
election held by reason of that failure or declaration ( the fresh election )
is held before 22 May next following the general election, a person
elected as a member of the Legislative Council at the fresh election shall not
be entitled to any remuneration as such a member in respect of any period
before that 22 May unless that person was a member of the Legislative
Council immediately before the fresh election or is declared elected under
section 156D of the Electoral Act 1907 to complete the unexpired
portion of a term of office ending on that 22 May.
(6) Notwithstanding
any other provision of this Act, where any provision of a determination
dealing with the payment of electorate allowances or other allowances to
members of Parliament which vary according to the electoral district or
electoral region of a member becomes inapplicable, or, in the opinion of the
Chairman, inequitable as a consequence of a subsequent division of the State
into electoral districts and electoral regions, the Chairman may without
further authority than this subsection alter the determination in that regard
to such extent as he thinks necessary for that purpose, and any variation of
the determination shall be published in the Government Gazette .
(7) Where a member of
Parliament (not being a Minister of the Crown, a Parliamentary Secretary
appointed under section 44A(1) of the Constitution Acts Amendment
Act 1899 , or the Parliamentary Secretary of the Cabinet) travels in this
State or elsewhere in order to perform any duty or function as a
representative of the Government or of a Minister of the
Crown —
(a) he
is not entitled to have his fares for that travel paid by the State, or to
receive reimbursement from the State in respect of those fares, unless that
payment or reimbursement is made —
(i)
with the written approval of the Treasurer; or
(ii)
under arrangements made under section 11A(1);
(b) he
is not entitled to receive any remuneration from the State in respect of
accommodation or other expenses incurred in the course of or in connection
with that travel other than an allowance payable in accordance with a
determination made by the Tribunal.
(8) Where a payment or
reimbursement in respect of the fares of a member of Parliament is made with
the approval of the Treasurer as referred to in subsection (7)(a)(i), no
payment or reimbursement shall be made in respect of those fares under
arrangements made under section 11A(1), but that payment or reimbursement
shall not be regarded as being in satisfaction of any part of the entitlements
of the member under those arrangements.
[Section 6 amended by No. 33 of 1979
s. 2; No. 34 of 1980 s. 5; No. 78 of 1984 s. 21;
No. 40 of 1987 s. 104; No. 38 of 1990 s. 8; No. 49 of
1991 s. 3; No. 68 of 1992 s. 4(3) and 5; No. 6 of 1993
s. 11; No. 1 of 1995 s. 37; No. 49 of 1996 s. 64;
No. 36 of 2000 s. 57; No. 22 of 2001 s. 3; No. 1 of 2005
s. 10(2); No. 56 of 2006 s. 7; No. 77 of 2006 s. 4;
amended in Gazette 15 Aug 2003 p. 3691.]