{"id":"remuneration-act-1990","name":"Remuneration Act 1990","slug":"remuneration-act-1990","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106572,"registerId":"sa-remuneration-act-1990-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Remuneration Act 1990","content":"South Australia\nRemuneration Act 1990\nAn Act to establish a tribunal to determine the remuneration payable to members of the judiciary and the remuneration or part of the remuneration payable in respect of certain other offices; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Remuneration Tribunal\nDivision 1—Establishment of Tribunal\n4\tEstablishment of Tribunal\n5\tMembership of Tribunal\n6\tTerms and conditions on which members hold office\n7\tRemuneration of members\nDivision 2—Procedures and powers of Tribunal\n8\tSittings of Tribunal\n9\tConstitution of Tribunal etc\n10\tEvidence and submissions\n11\tTribunal to have powers of a Royal Commission\n12\tTribunal may determine its own procedure\nPart 3—Determination of remuneration\n13\tDetermination of remuneration of judges, magistrates and certain others\n14\tAdditional jurisdiction as conferred by other Acts or by proclamation\n15\tTribunal to have regard to principle of judicial independence\n16\tReport etc\n17\tRetroactive operation of determinations\n18\tDeterminations not to be subject to appeal\n19\tEffect of determinations\nPart 4—Miscellaneous\n20\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Remuneration Act 1990.\n3—Interpretation\nIn this Act—\nremuneration includes—\n\t(a)\tsalary; and\n\t(b)\tallowances; and\n\t(c)\texpenses; and\n\t(d)\tfees; and\n\t(e)\tany other benefit of a pecuniary nature;\nthe Tribunal means the Remuneration Tribunal established under Part 2.\nPart 2—Remuneration Tribunal\nDivision 1—Establishment of Tribunal\n4—Establishment of Tribunal\nThe Remuneration Tribunal is established.\n5—Membership of Tribunal\n\t(1)\tThe Tribunal is to consist of three members appointed by the Governor on the nomination of the Minister.\n\t(2)\tThe Minister must, in choosing nominees for appointment under this section, exclude from consideration any person whose own remuneration could be affected directly or indirectly by a determination of the Tribunal.\n\t(3)\tOne member of the Tribunal must be appointed by the Governor to be the President of the Tribunal.\n\t(4)\tThe validity of a determination of the Tribunal is not affected by an irregularity in the nomination or appointment of a member of the Tribunal.\n6—Terms and conditions on which members hold office\n\t(1)\tA member of the Tribunal may be appointed for a term of office (not exceeding seven years) specified in the instrument of appointment.\n\t(2)\tA person who has completed a term of office as a member of the Tribunal is eligible for reappointment.\n\t(3)\tThe Governor may remove a member of the Tribunal from office on the ground of misconduct or neglect of duty.\n\t(4)\tThe office of a member of the Tribunal becomes vacant if the member—\n\t(a)\tdies;\n\t(b)\tcompletes a term of office;\n\t(c)\tis appointed to an office in relation to which the Tribunal has jurisdiction to make a determination under this Act;\n\t(d)\tresigns by notice in writing addressed to the Minister;\n\t(e)\tbecomes mentally or physically incapable of satisfactorily carrying out the duties of the office;\n\t(f)\tis removed from office under subsection (3).\n7—Remuneration of members\nA member of the Tribunal is entitled to such remuneration as is determined by the Governor.\nDivision 2—Procedures and powers of Tribunal\n8—Sittings of Tribunal\n\t(1)\tA sitting of the Tribunal may be convened by the President of the Tribunal of his or her own motion or at the request of the Minister.\n\t(2)\tThe Tribunal must sit at least once in each year for the purpose of determining, or reviewing previous determinations of, remuneration under this Act.\n9—Constitution of Tribunal etc\n\t(1)\tThe Tribunal may be constituted of two or three of its members for the purpose of making a determination under this Act.\n\t(2)\tA decision in which any two members of the Tribunal concur is a decision of the Tribunal.\n10—Evidence and submissions\n\t(1)\tThe Tribunal is not bound by the rules of evidence but may inform itself in any manner it thinks fit.\n\t(2)\tBefore the Tribunal makes a determination affecting the remuneration of a particular person, or persons of a particular class, the Tribunal must allow that person, or the persons of that class, a reasonable opportunity to make submissions orally or in writing to the Tribunal.\n\t(3)\tA person may appear before the Tribunal personally, or by counsel or other representative.\n\t(4)\tThe Minister may intervene, personally or by counsel or other representative, in proceedings before the Tribunal for the purpose of introducing evidence, or making submissions, on any question relevant to the public interest.\n11—Tribunal to have powers of a Royal Commission\n\t(1)\tThe Tribunal has the powers of a Royal Commission.\n\t(2)\tThe provisions of the Royal Commissions Act 1917 apply to and in relation to the Tribunal as if it were a Royal Commission.\n12—Tribunal may determine its own procedure\nSubject to this Act, the Tribunal may determine its own procedure.\nPart 3—Determination of remuneration\n13—Determination of remuneration of judges, magistrates and certain others\nThe Tribunal has jurisdiction to determine the remuneration payable to—\n\t(a)\tthe Chief Justice of the Supreme Court;\n\t(b)\tthe President of the Court of Appeal;\n\t(ba)\tthe Puisne Judges of the Supreme Court that are appointed to the Court of Appeal;\n\t(bb)\tthe other Puisne Judges of the Supreme Court;\n\t(c)\tthe President of the Industrial Court;\n\t(d)\tthe Deputy Presidents of the Industrial Court;\n\t(e)\tthe Senior District Court Judge;\n\t(f)\tthe other District Court Judges;\n\t(g)\tthe Chief Magistrate;\n\t(m)\tthe other Magistrates;\n\t(n)\tthe Supervising Industrial Magistrate;\n\t(o)\tthe other Industrial Magistrates;\n\t(p)\tthe State Coroner;\n\t(q)\tthe Deputy State Coroners;\n\t(r)\tthe Commissioners of the Industrial Commission;\n\t(s)\tthe full-time Commissioners of the Planning Appeal Tribunal;\n\t(t)\tthe Clerk and Deputy Clerk of the Legislative Council;\n\t(u)\tthe Clerk and Deputy Clerk of the House of Assembly.\n14—Additional jurisdiction as conferred by other Acts or by proclamation\n\t(1)\tThe Tribunal has, in addition, jurisdiction to determine the remuneration, or a specified part of the remuneration, payable in respect of any office (other than those previously referred to in this Part) if such jurisdiction is conferred on the Tribunal—\n\t(a)\tby any other Act; or\n\t(b)\tby the Governor by proclamation.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\tconfer on the Tribunal jurisdiction to determine the remuneration, or a specified part of the remuneration, payable in respect of a specified office; or\n\t(b)\tvary or revoke a proclamation under this section.\n\t(3)\tIf—\n\t(a)\tpower to determine remuneration in respect of an office is vested by a provision of any other Act (whether enacted before or after the commencement of this Act) in some person or body other than the Tribunal; and\n\t(b)\tpursuant to this section jurisdiction is conferred on the Tribunal to determine the remuneration, or a specified part of the remuneration, payable in respect of that office,\nthe power so vested in that other person or body is correspondingly reduced.\n15—Tribunal to have regard to principle of judicial independence\nThe Tribunal must, where appropriate in determining remuneration under this Act, have regard to the constitutional principle of judicial independence.\n16—Report etc\n\t(1)\tThe Tribunal must, as soon as practicable after arriving at a determination, forward to the Minister a report setting out the terms of the determination and the grounds on which it was made.\n\t(2)\tThe Minister must, as soon as practicable after receipt of a report under this section, cause copies of the report to be laid before both Houses of Parliament.\n\t(3)\tA determination of the Tribunal must be published in the Gazette within seven days after it is made.\n17—Retroactive operation of determinations\nA determination of the Tribunal is, if the Tribunal so determines, to be taken to have operated from a date fixed by the Tribunal that is antecedent to the date of the determination or the date of commencement of this Act.\n18—Determinations not to be subject to appeal\nA determination of the Tribunal is not subject to appeal.\n19—Effect of determinations\nA determination of the Tribunal—\n\t(a)\tis binding on the Crown; and\n\t(b)\tis sufficient authority for the payment from the Consolidated Account of the remuneration to which it relates.\nPart 4—Miscellaneous\n20—Regulations\nThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1990\n19\n Remuneration Act 1990\n19.4.1990\n19.4.1990 (Gazette 19.4.1990 p1136)\n2013\n26\n Magistrates (Miscellaneous) Amendment Act 2013\n27.6.2013\nSch 1 (cl 4)—4.7.2013 (Gazette 4.7.2013 p2970)\n2017\n70\n Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017\n12.12.2017\nPt 9 (s 19)—8.7.2018: s 2(3)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 77 & 90)—1.1.2021 (Gazette 10.12.2020 p5638)\n2024\n55\nStatutes Amendment (Parliament—Executive Officer and Clerks) Act 2024\n5.12.2024\nPt 3 (s 10) & Sch 1 (cl 1(1), (2) & (4))—5.12.2024\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\nPt 3\n\n\ns 13\n(i)—(l) deleted by 26/2013 Sch 1 cl 4\n4.7.2013\n\n(h) deleted by 70/2017 s 19\n8.7.2018\n\namended by 45/2019 Sch 1 cl 77\n1.1.2021\n\namended by 55/2024 s 10\n5.12.2024\nTransitional etc provisions associated with Act or amendments\nSupreme Court (Court of Appeal) Amendment Act 2019, Sch 1 Pt 2—Transitional provisions etc\n90—Initial remuneration\nDespite section 13 of the Remuneration Act 1990, the Governor may determine the initial remuneration payable to—\n\t(a)\tthe person appointed as President of the Court of Appeal on the commencement of Part 2 of this Act; and\n\t(b)\tthe puisne judges who are, on the commencement of Part 2 of this Act, appointed to the Court of Appeal,\n(but nothing prevents the Remuneration Tribunal making subsequent determinations in relation to the remuneration of such persons).\nStatutes Amendment (Parliament—Executive Officer and Clerks) Act 2024, Sch 1\n1—Transitional provisions\n\t(1)\tUntil the Tribunal has made a determination under section 13 of the Remuneration Act 1990 as amended by this Act, the Clerk and Deputy Clerk of the Legislative Council and the Clerk and Deputy Clerk of the House of Assembly are entitled to such remuneration as may have been determined in relation to them by the Speaker of the House of Assembly and the President of the Legislative Council immediately before the commencement of this Act.\n\t(2)\tDespite section 17 of the Remuneration Act 1990, the first determination made by the Tribunal in relation to the remuneration of the Clerk or Deputy Clerk of the Legislative Council or the Clerk or Deputy Clerk of the House of Assembly under section 13 of that Act as amended by this Act must not be taken to have operated from a date fixed by the Tribunal that is antecedent to the date of the determination.\n\t(4)\tIn this clause—\nthe Committee and the joint parliamentary service have the same respective meanings as in the Parliament (Joint Services) Act 1985;\nremuneration and the Tribunal have the same respective meanings as in the Remuneration Act 1990.\nHistorical versions\n4.7.2013\n\n8.7.2018\n\n1.1.2021\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the legislation changed from its original intent, as no legislative text was returned. The URL appears to have broken following a website migration on or around 24 March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual legislation","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Remuneration Act 1990* (South Australia) returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be a broken or outdated hyperlink, likely due to a website migration that occurred around **24 March 2026**.\n\n**What this means for you:** No analysis of the actual law can be provided based on this content. If you need to review the *Remuneration Act 1990* (SA), try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for the Act by name\n- Contacting the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Checking whether the Act has been repealed or consolidated into another piece of legislation"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Tribunal’s remit has been modified since enactment: the list of named offices in s13 has been amended over time (see legislative history entries for 2013, 2017, 2019 and 2024), and s14 allows additional offices to be added by proclamation or other Acts. Recent amendments (2019) addressed Court of Appeal positions and 2024 added parliamentary clerks while imposing a transitional restriction preventing the Tribunal’s first determination for those clerks being backdated (Statutes Amendment (Parliament—Executive Officer and Clerks) Act 2024, Sch 1). These changes have expanded and adjusted scope and introduced specific transitional constraints."},"complexity_factors":["Appointment and composition: members are nominated by the Minister and appointed by the Governor; Minister must exclude nominees whose remuneration could be affected (s5).","Member tenure and removal: variable terms up to seven years, eligibility for reappointment, and removal for misconduct or neglect (s6).","Wide procedural discretion: Tribunal may determine its own procedure and is not bound by rules of evidence (s10, s12).","Extensive investigatory powers: Tribunal has the powers of a Royal Commission and the Royal Commissions Act applies (s11).","Scope expansion mechanisms: Governor may add offices by proclamation and other Acts may confer additional jurisdiction (s14), requiring cross‑Act coordination (s14(3)).","Finality and fiscal effect: determinations are binding on the Crown, sufficient authority for payment from the Consolidated Account, and not subject to appeal (s19, s18).","Retroactivity: Tribunal may fix determinations to operate from an antecedent date, subject to specified transitional limits for some offices (s17; 2024 transitional provision).","Consultation and public reporting: affected persons must be given opportunity to make submissions; determinations must be reported to the Minister and tabled/published (s10, s16).","Decision quorum and majority rule: Tribunal may sit with two or three members and a two‑member concurrence decides (s9)."],"plain_english_summary":"The Remuneration Act 1990 creates a Remuneration Tribunal that sets salaries, allowances and other pecuniary benefits for judges and specified public officers. Tribunal decisions are binding on the Crown, non‑appealable, can be published and tabled in Parliament, and may be made to operate from an earlier date. Members are appointed by the Governor on the Minister’s nomination; the Tribunal may take evidence, receive submissions and use Royal Commission powers. This affects office‑holders whose pay is set by the Tribunal and the public funds that meet those payments."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1990 Act covered judicial officers and industrial tribunal members. Amendments in 2013, 2017, 2019 and 2024 have progressively expanded coverage: the 2019 amendments added Court of Appeal positions, and the 2024 amendments added the Clerks and Deputy Clerks of both Houses of Parliament. Section 14 also allows expansion by proclamation or other Acts, creating a flexible mechanism for ongoing scope creep beyond the original judicial focus."},"complexity_factors":["Straightforward structure with only 4 Parts and 20 sections","Minimal defined terms — only 2 definitions in the interpretation section (remuneration and Tribunal)","Limited cross-referencing — primarily references to the Royal Commissions Act 1917 for procedural powers","Simple conditional logic — mostly straightforward requirements (must sit once yearly, must publish in Gazette within 7 days)","Some procedural flexibility — Tribunal determines its own procedure subject to the Act, and can sit with 2 or 3 members","Single nested provision in section 14(3) dealing with overlapping jurisdiction between this Act and other legislation"],"plain_english_summary":"This South Australian law creates an independent body called the **Remuneration Tribunal** that decides how much judges, magistrates, and certain senior public officials get paid.\n\n**What it does:**\n- **Establishes a three-person tribunal** appointed by the Governor (on the Minister's advice) to set salaries and benefits for key judicial and parliamentary officers\n- **Covers specific offices** including Supreme Court judges, District Court judges, magistrates, coroners, industrial commissioners, and the Clerks of both Houses of Parliament\n- **Can expand its reach** — other laws or the Governor can add more offices to the Tribunal's jurisdiction\n- **Protects judicial independence** — the Tribunal must consider this constitutional principle when setting pay for judges\n- **Has strong powers** — it operates like a Royal Commission (meaning it can compel evidence and witnesses) and its decisions are final (no appeals allowed)\n\n**Key features:**\n- The Tribunal must meet at least once a year to review pay\n- People affected by pay decisions get a chance to make submissions\n- Determinations can be backdated if the Tribunal chooses\n- Decisions are binding on the government and automatically authorize payment from state funds\n- Tribunal members can't have a conflict of interest — anyone whose own pay could be affected by the Tribunal's decisions is barred from serving\n\n**Why it matters:**\nThis removes politicians from directly setting judges' salaries — an important separation of powers measure that protects judicial independence. It also ensures regular, independent review of pay for senior officers who might otherwise have their remuneration set by the very government they may need to rule against."}},"importantCases":[],"_links":{"self":"/api/acts/remuneration-act-1990","history":"/api/acts/remuneration-act-1990/history","analysis":"/api/acts/remuneration-act-1990/analysis","conflicts":"/api/acts/remuneration-act-1990/conflicts","importantCases":"/api/acts/remuneration-act-1990/important-cases","documents":"/api/acts/remuneration-act-1990/documents"}}