Western Australian Consolidated Regulations

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PUBLIC SECTOR MANAGEMENT (GENERAL) REGULATIONS 1994 - REG 8A

8A .         Prescribed arrangements for purposes of section 57(1)(b) of Act in relation to CEOs

        (1)         In this regulation —

        class , in relation to a non-SAT CEO, means the classification of the officer determined by the Minister under a classification system approved by the Minister under section 3(2) of the Act;

        non-SAT CEO means a chief executive officer whose office is not a SAT office;

        SAT office means an office referred to in section 6(1)(d) or (e) of the Salaries and Allowances Act 1975 ;

        Tribunal means the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975 .

        (2)         For the purposes of section 57(1)(b) of the Act, the remuneration to be accorded a non-SAT CEO under a contract of employment between the CEO and the CEO’s employing authority must be in accordance with this regulation.

        (3)         Subject to subregulations (6), (8) and (9), the remuneration to be accorded a non-SAT CEO of a class referred to in Column 1 of the Table to this subregulation must not exceed the remuneration determined by the Tribunal to be paid to a SAT office-holder at a salary point, as described by the Tribunal, specified in Column 2.

Table

Column 1

Column 2

Below class 1

Group 1 minimum

Class 1 or Group 1 minimum

Group 1 minimum

Class 2 or Group 1 maximum

Group 1 maximum

Class 3 or Group 2 minimum

Group 2 minimum

Class 4 or Group 2 maximum

Group 2 maximum

Group 3 minimum

Group 3 minimum

Group 3 maximum

Group 3 maximum

Group 4 minimum

Group 4 minimum

Group 4 maximum

Group 4 maximum

        (4)         If the remuneration to be paid to the SAT office-holder referred to in subregulation (3) consists of more than one component, then each component of the remuneration to be accorded the non-SAT CEO must not exceed the corresponding component of the remuneration to be paid to the holder of the SAT office.

        (5)         If a determination of the Tribunal that is in force provides that the SAT office-holder referred to in subregulation (3) is to be paid an allowance if the holder’s performance in the office meets eligibility conditions determined by the Tribunal ( personal merit allowance ), then the remuneration to be accorded the non-SAT CEO may include an allowance, not exceeding that personal merit allowance, to be paid if the non-SAT CEO’s employing authority is satisfied that the CEO meets similar conditions.

        (6)         If the CEO’s employing authority is satisfied that the remuneration otherwise payable under this regulation would be insufficient in order to recruit and retain a particular person as a particular non-SAT CEO, then —

            (a)         subregulations (3) and (4) do not apply; and

            (b)         the remuneration to be accorded that non-SAT CEO may be as determined by the employing authority.

        (7)         Subregulations (8) and (9) apply to a person who was employed in a SAT office as a chief executive officer under a contract of employment but before the contract of employment expired, was transferred under section 50(1)(a)(ii) of the Act to the performance of other functions in the Senior Executive Service.

        (8)         If a person is a person to whom this subregulation applies, for the purpose of section 57(1)(b) of the Act, the remuneration to be accorded the person under a contract of employment entered into between the person and an employing authority must not exceed the remuneration determined by the Tribunal to be paid to a SAT office-holder at the salary point equivalent to the salary point at which the person was remunerated immediately before he or she ceased to hold the SAT office.

        (9)         If the remuneration to be paid to the SAT office-holder referred to in subregulation (8) consists of more than one component, then each component of the remuneration to be accorded a person to whom this subregulation applies must not exceed the corresponding component of the remuneration to be paid to the holder of the SAT office.

        [Regulation 8A inserted in Gazette 19 Nov 1999 p. 5792-4; amended in Gazette 5 Apr 2002 p. 1833-4; 16 Sep 2005 p. 4347-8.]



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