{"id":"nsw:act-1976-004","name":"Statutory and Other Offices Remuneration Act 1975","slug":"statutory-and-other-offices-remuneration-act-1975","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"4 of 1976","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110046,"registerId":"nsw-act-1976-004-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This section and section 1 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided in subsections (1), (3) and (4), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.\n> \n> > (3) Section 29 (1), (2) and (3) shall commence on the day on which the [Higher Education Act 1969](/view/pdf/asmade/act-1969-29) is repealed or the date of assent to this Act, whichever is the later.\n> \n> > (4) Section 29 (4) shall commence on the day on which the [Securities Industry Act 1970](/view/pdf/asmade/act-1970-35) is repealed or the date of assent to this Act, whichever is the later.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > office includes position.\n> > \n> > regulation means regulation under this Act.\n> > \n> > Tribunal means the Statutory and Other Offices Remuneration Tribunal established under this Act.\n> > \n> > wages decision means a decision made by the Industrial Relations Commission under Part 3 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) of—\n> > \n> > > (a) the amount, or\n> > \n> > > (b) the method by which an amount may be determined,\n> > \n> > by which the rates of wages in awards under that Act will be varied following a National decision or State decision under that Part.\n> \n> > (2) A reference (however expressed) in this Act to the holding, or the holder, of an office includes a reference to the holding, or the holder, of an appointment to that office.\n> \n> **s 4:** Am 1979 No 94, Sch 1 (1); 1984 No 62, Schs 1 (1), 2 (1); 1989 No 104, Sch 2 (2); 1996 No 121, Sch 4.51 \\[1\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Amendment of Schedules 2 and 3","content":"#### 5 Amendment of Schedules 2 and 3\n\n5 Amendment of Schedules 2 and 3\n\n> > (1) In this section, public office means an office, whether or not established by an Act, to which a person may be appointed by the Governor, and includes an office under an uncommenced enactment, but does not include an office specified in Schedule 1 or 4.\n> \n> > (2) The Governor may, from time to time, by regulation, amend Part 1 of Schedule 2 by omitting therefrom words describing any former public office.\n> \n> > (3) The Governor may, from time to time, by regulation, amend Part 2 of Schedule 2 or 3—\n> > \n> > > (a) by inserting therein words describing any public office, or\n> > \n> > > (b) by omitting therefrom words describing any public office or former public office.\n> \n> > (4) The Governor may, from time to time, by regulation, amend Schedule 2 or 3 by omitting Part 2 and by inserting instead a Part containing words describing public offices.\n> \n> > (5) The Governor may, from time to time, by regulation, amend Part 1 of Schedule 3 by omitting from Column 1 words describing any public office or former public office, together with any words in Column 2 appearing opposite that description.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"# Part 2 Administration\n\nPart 2 Administration","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Statutory and Other Offices Remuneration Tribunal","content":"#### 6 Statutory and Other Offices Remuneration Tribunal\n\n6 Statutory and Other Offices Remuneration Tribunal\n\n> > (1) There shall be a Tribunal to be known as the Statutory and Other Offices Remuneration Tribunal.\n> \n> > (1A) The Tribunal shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on the Tribunal by or under this or any other Act.\n> \n> > (2) The Governor may appoint a person to hold office as the Tribunal.\n> \n> > (3) The one person may be appointed as, and hold office as, the Tribunal, the Parliamentary Remuneration Tribunal and the Local Government Remuneration Tribunal.\n> \n> > (4) Notwithstanding anything in this section, a person shall not be appointed as the Tribunal, or as the deputy of the person appointed as the Tribunal, if he or she is—\n> > \n> > > (a) an office holder (within the meaning of Part 3) or an executive office holder (within the meaning of Part 3A) or an executive (within the meaning of Part 3B),\n> > \n> > > (b) a retired Judge of a court of New South Wales other than the Local Court, or\n> > \n> > > (c) a person who has retired from an office in which he or she served in New South Wales with the same status as a Judge of a court of New South Wales other than the Local Court.\n> \n> > (5) Subject to this Act, the Tribunal shall hold office for such period, not exceeding 3 years, as is specified in the instrument of appointment of the Tribunal and shall be eligible for re-appointment.\n> \n> **s 6:** Am 1980 No 187, Sch 1; 1984 No 62, Sch 1 (2); 1989 No 104, Sch 2 (3); 1993 No 32, Sch 2; 2008 No 114, Sch 1.23 \\[1\\]; 2013 No 40, Sch 6.9 \\[1\\]; 2025 No 61, Sch 2.82\\[1\\].","sortOrder":8},{"sectionNumber":"6AA","sectionType":"section","heading":"Tribunal to give effect to declared government policy on remuneration for public sector staff","content":"#### 6AA Tribunal to give effect to declared government policy on remuneration for public sector staff\n\n6AA Tribunal to give effect to declared government policy on remuneration for public sector staff\n\n> > (1) This section applies to the determination under Part 3A (Remuneration packages for chief executive and senior executive office holders) of any alteration in the remuneration packages for executive office holders within the meaning of that Part.\n> \n> > (1A) This section also applies to the determination of any alteration in the remuneration packages applicable to executive bands within the meaning of Part 3B.\n> \n> > (2) The Tribunal must, when making a determination to which this section applies, give effect to any policy about the remuneration of executive office holders and senior executives—\n> > \n> > > (a) that is declared by the regulations to be an aspect of government policy required to be given effect to by the Tribunal, and\n> > \n> > > (b) that applies to the matter to which the determination relates.\n> \n> > (3) A regulation under subsection (2) may declare a policy by—\n> > \n> > > (a) setting out the policy, or\n> > \n> > > (b) adopting a policy set out in a document referred to in the regulation.\n> \n> **s 6AA:** Ins 2011 No 25, Sch 3. Am 2013 No 29, Sch 1 \\[1\\]; 2013 No 40, Sch 6.9 \\[2\\]; 2023 No 8, Sch 1\\[1\\].","sortOrder":9},{"sectionNumber":"6AB","sectionType":"section","heading":"Tribunal to give effect to declared government policy on remuneration of office holders under Part 3","content":"#### 6AB Tribunal to give effect to declared government policy on remuneration of office holders under Part 3\n\n6AB Tribunal to give effect to declared government policy on remuneration of office holders under Part 3\n\n> > (1) This section applies to the determination under Part 3 (Remuneration of office holders (other than chief executive or senior executive office holders)) of any alteration in the remuneration to be paid to office holders within the meaning of that Part.\n> \n> > (2) The Tribunal must, when making a determination to which this section applies, give effect to any policy concerning the remuneration of office holders—\n> > \n> > > (a) that is declared by the regulations to be an aspect of government policy that is required to be given effect to by the Tribunal, and\n> > \n> > > (b) that applies to the matter to which the determination relates.\n> \n> > (3) Any such regulation may declare a policy by setting out the policy in the regulation or by adopting a policy set out in a relevant document referred to in the regulation.\n> \n> > (4) This section extends to any inquiries that are pending in the Tribunal on the commencement of this section. A regulation made under this section extends to any inquiries that are pending in the Tribunal on the commencement of the regulation, unless the regulation otherwise provides.\n> \n> > (5) This section has effect despite any other provision of this Act (other than sections 16 (6) and 21) or any other Act.\n> > \n> > Note.\n> > \n> > Section 16 (6) provides that a determination under Part 3 may be made so as to apply differently as between two or more persons holding the same office, being an office specified in Schedule 2 or 3 but not Schedule 1.\n> > \n> > Section 21 prevents a determination under Part 3 from operating to reduce the rate at which remuneration is paid to the holder of an office specified in Schedule 1.\n> > \n> > The offices specified by Schedule 1 include certain judicial offices.\n> \n> **s 6AB:** Ins 2013 No 29, Sch 1 \\[2\\].","sortOrder":10},{"sectionNumber":"6A","sectionType":"section","heading":"Deputy of the person holding office as Tribunal","content":"#### 6A Deputy of the person holding office as Tribunal\n\n6A Deputy of the person holding office as Tribunal\n\n> > (1) The Governor may, subject to section 6 (4), appoint a person to be the deputy of the person holding office as the Tribunal.\n> \n> > (2) During any illness or absence of the person holding office as the Tribunal, the deputy has, and may exercise and perform, all of the powers, authorities, duties and functions of the Tribunal.\n> \n> > (3) The Governor may, at any time, revoke the appointment of the deputy.\n> \n> > (4) The deputy is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the deputy.\n> \n> **s 6A:** Ins 2008 No 114, Sch 1.23 \\[2\\].","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Assessors","content":"#### 7 Assessors\n\n7 Assessors\n\n> > (1) For the purposes of this Act, there are to be the following 2 assessors—\n> > \n> > > (a) the Secretary of the Premier’s Department,\n> > \n> > > (b) an individual appointed by the Governor on the nomination of the Minister, being—\n> > > \n> > > > (i) an individual who has, in the opinion of the Minister, special knowledge relating to salaries payable to persons engaged in commercial, banking, insurance, industrial or other activities at executive or management level, and\n> > > \n> > > > (ii) is not, except as provided by subsection (1A), in the service of the State.\n> \n> > (1A) An individual in the service of the State may be appointed as an assessor under subsection (1) (b) (ii) if the individual is in the service of the State only—\n> > \n> > > (a) under this Act, or\n> > \n> > > (b) as a member of a board, tribunal, council, committee, authority or similar body.\n> \n> > (2) In exercising or performing the Tribunal’s powers, authorities, duties and functions under this or any other Act, the Tribunal shall—\n> > \n> > > (a) be assisted by the assessors, and\n> > \n> > > (b) take into consideration the views and recommendations tendered to the Tribunal by the assessors.\n> \n> > (2A) Despite any other provision of this Act, the assessor appointed under subsection (1) (b), must not assist, or make a recommendation to, the Tribunal with respect to the exercise or performance of the Tribunal’s powers, authorities, duties or functions in relation to any office held by that assessor.\n> \n> > (3) Subject to this Act, the assessor appointed under subsection (1) (b) shall hold office for such period, not exceeding 3 years, as is specified in the instrument of his or her appointment and shall be eligible for re-appointment.\n> \n> > (4) The assessor referred to in subsection (1) (a) may appoint a deputy and, in the absence of the assessor, the deputy may act as an assessor.\n> \n> **s 7:** Am 1979 No 94, Sch 1 (2); 1988 No 34, Sch 2; 1989 No 104, Sch 2 (4); 2008 No 114, Sch 1.23 \\[3\\]–\\[5\\]; 2022 No 59, Sch 2.43; 2023 No 35, Sch 4.42.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Vacation of office","content":"#### 8 Vacation of office\n\n8 Vacation of office\n\n> > (1) The person holding office as the Tribunal or assessor appointed under section 7 (1) (b) shall be deemed to have vacated his or her office—\n> > \n> > > (a) if he or she dies,\n> > \n> > > (b) if he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her fees or allowances as the Tribunal or assessor or of his or her estate for their benefit,\n> > \n> > > (c) if he or she becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the [Mental Health Act 1958](/view/pdf/asmade/act-1958-45) or a person under detention under Part 7 of that Act,\n> > \n> > > (d) if he or she is convicted in New South Wales of an indictable offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable,\n> > \n> > > (e) if he or she resigns his or her office by writing under his or her hand addressed to the Governor, or\n> > \n> > > (f) if he or she is removed from office by the Governor.\n> \n> > (2) The Governor may remove the person holding office as the Tribunal or assessor referred to in subsection (1) from office for any cause which seems to the Governor sufficient.\n> \n> **s 8:** Am 1999 No 94, sec 7 (1) and Sch 5, Part 1.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Fees and allowances payable to Tribunal and assessor","content":"#### 9 Fees and allowances payable to Tribunal and assessor\n\n9 Fees and allowances payable to Tribunal and assessor\n\n> > (1) The Tribunal and any assessor appointed under section 7 (1) (b) are entitled to be paid such fees and allowances as the Minister may fix in respect of each of them.\n> \n> > (2) The fees and allowances payable to—\n> > \n> > > (a) the Tribunal shall be fixed before the appointment of the Tribunal, or\n> > \n> > > (b) the assessor referred to in subsection (1) shall be fixed before his or her appointment,\n> > \n> > and may be varied in respect of any year commencing on 1 April before that day.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Assistance for the Tribunal","content":"#### 10 Assistance for the Tribunal\n\n10 Assistance for the Tribunal\n\n> The Minister shall make available to the Tribunal such officers and employees of the Public Service as may be necessary to assist the Tribunal in the exercise or performance of the powers, authorities, duties and functions of the Tribunal.\n> \n> **s 10:** Am 1988 No 34, Sch 2.","sortOrder":15},{"sectionNumber":"10AA","sectionType":"section","heading":"Tribunal assistance to other entities","content":"#### 10AA Tribunal assistance to other entities\n\n10AA Tribunal assistance to other entities\n\n> > (1) The Tribunal may enter into arrangements with any Minister or government agency or other body or person in the public sector for the provision of assistance by the Tribunal to the Minister, agency or other body or person by means of the provision of services that are within the Tribunal’s field of expertise and relevant to its functions.\n> \n> > (2) However, the Tribunal is not to enter into an arrangement under this section—\n> > \n> > > (a) for the provision of services relating to the remuneration or allowances payable to the holder of an office specified in Schedule 1, 2, 3 or 4, or\n> > \n> > > (b) unless the Minister has approved of the arrangement (either generally or in a particular case).\n> \n> > (3) In entering into an arrangement under this section, the Tribunal has a duty to ensure that giving effect to the arrangement will not interfere with the ability of the Tribunal to exercise its functions.\n> \n> **s 10AA:** Ins 2002 No 112, Sch 1.26.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Remuneration of office holders (except Part 3A or 3B office holders)","content":"# Part 3 Remuneration of office holders (except Part 3A or 3B office holders)\n\nPart 3 Remuneration of office holders (except Part 3A or 3B office holders)\n\n**pt 3, hdg:** Subst 1989 No 104, Sch 2 (5); 2013 No 40, Sch 6.9 \\[3\\].","sortOrder":17},{"sectionNumber":"10A","sectionType":"section","heading":"Definitions","content":"#### 10A Definitions\n\n10A Definitions\n\n> In this Part—\n> \n> allowance does not include a travelling or subsistence allowance, but includes a travelling or subsistence allowance for travel within Australia by the holder of an office specified in Schedule 1 who is—\n> \n> > (a) a Judge or Acting Judge of a court other than the Local Court, or\n> \n> > (b) any other judicial officer (within the meaning of the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100)) nominated by the Minister by notice in writing to the Tribunal for the purposes of this definition.\n> \n> determination means a determination made by the Tribunal under section 13, 14, 15 or 15A.\n> \n> head of a Public Service agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> office holder means the holder of an office specified in Schedule 1, 2 or 3.\n> \n> Public Service agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> remuneration means remuneration by way of salary or allowances payable in money to an office holder.\n> \n> **s 10A:** Ins 1989 No 104, Sch 2 (6). Am 2001 No 97, Sch 1 \\[1\\]; 2019 No 1, Sch 1.20 \\[1\\]; 2025 No 61, Sch 2.82\\[2\\].","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Payment of remuneration to office holders","content":"#### 11 Payment of remuneration to office holders\n\n11 Payment of remuneration to office holders\n\n> > (1) Each office holder is entitled to be paid—\n> > \n> > > (a) a salary that is calculated in such a manner as is specified, and\n> > \n> > > (b) allowances (if any) that are—\n> > > \n> > > > (i) of such classes or kinds as are specified, and\n> > > \n> > > > (ii) calculated in such a manner as is specified,\n> > \n> > in respect of the office holder in a determination that is in force.\n> \n> > (2) The holder of an office specified in—\n> > \n> > > (a) Column 1 of Part 1 of Schedule 3—is not entitled to be paid remuneration by virtue of this section unless the office holder is the person described in column 2 of that part opposite the office so specified, or\n> > \n> > > (b) Part 2 of Schedule 3—is not entitled to be paid remuneration by virtue of this section unless the office holder is required by the Governor (by the terms of his or her appointment or otherwise) to devote the whole of his or her time to the duties of his or her office.\n> \n> > (3) All remuneration payable to the holder of an office specified in Schedule 1 by virtue of a determination that is in force is payable out of the Consolidated Fund which, to the necessary extent, is appropriated accordingly.\n> \n> > (4) Subsection (3) does not apply to the office of Independent Review Officer under the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018).\n> > \n> > Note—\n> > \n> > The remuneration of the Independent Review Officer under the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018) is payable from the following funds—\n> > \n> > > (a) the Workers Compensation Operational Fund under the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086),\n> > \n> > > (b) the Motor Accidents Operational Fund under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) and the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041).\n> \n> **s 11:** Am 1983 No 153, Sch 2; 2021 No 32, Sch 1.18\\[1\\].","sortOrder":19},{"sectionNumber":"11A","sectionType":"section","heading":"Employment benefits for non-judicial office holders","content":"#### 11A Employment benefits for non-judicial office holders\n\n11A Employment benefits for non-judicial office holders\n\n> > (1) This section applies to office holders (other than office holders who are judicial officers within the meaning of the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100)) who are nominated by the Minister by notice in writing to the Tribunal for the purposes of this section.\n> \n> > (2) A determination of the remuneration to be paid to office holders to whom this section applies must fix the remuneration as a single amount without reference to salary or allowances.\n> \n> > (3) An office holder to whom this section applies is entitled to be provided with employment benefits that Secretaries of Departments may be provided with under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) if—\n> > \n> > > (a) the office holder elects by notice in writing to the Minister to be provided with those employment benefits, and\n> > \n> > > (b) the Minister approves of that election, and\n> > \n> > > (c) the remuneration otherwise payable to the office holder under section 11 is reduced by the cost of those employment benefits (being the cost determined under that Act of similar employment benefits provided to Secretaries of Departments).\n> \n> > (3A) Contributions to a superannuation scheme by an employer (for superannuation purposes) in respect of an office holder who has made an election under subsection (3) that are required to be made by the employer under a law of the State relating to superannuation are, until provided for by an election under that subsection, taken to be an employment benefit for which there is an election in force under that subsection.\n> \n> > (4) A nomination referred to in subsection (1) may be revoked at any time, but the revocation does not apply to the determination in force at the time of the revocation.\n> \n> > (5) An election referred to in subsection (3) (a) may, with the approval of the Minister, be revoked at any time.\n> \n> > (6) In the case of the holder of an office specified in Schedule 1—\n> > \n> > > (a) a nomination referred to in subsection (1) may not be made or revoked without the approval of that office holder, and\n> > \n> > > (b) an election referred to in subsection (3) (a) may be made or revoked without the Minister’s approval.\n> \n> > (7) This section has effect despite anything to the contrary in this Part.\n> \n> **s 11A:** Ins 1989 No 104, Sch 2 (7). Am 1993 No 42, Sch 4; 2002 No 43, Sch 7.9 \\[1\\]; 2013 No 40, Sch 6.9 \\[4\\] \\[5\\].","sortOrder":20},{"sectionNumber":"11B","sectionType":"section","heading":"Salary sacrifice for motor vehicles and superannuation for office holders not subject to section 11A","content":"#### 11B Salary sacrifice for motor vehicles and superannuation for office holders not subject to section 11A\n\n11B Salary sacrifice for motor vehicles and superannuation for office holders not subject to section 11A\n\n> > (1) This section applies to office holders other than office holders to whom section 11A applies.\n> \n> > (2) The employment benefits that an office holder may be provided with under this section are either or both of the following—\n> > \n> > > (a) the provision of a motor vehicle for private use by the office holder,\n> > \n> > > (b) the payment, on behalf of the office holder, of employee contributions to a superannuation scheme (except in the case of an office holder to whom the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041) applies).\n> \n> > (3) An office holder to whom this section applies is entitled to be provided with any such employment benefit if—\n> > \n> > > (a) the office holder elects by notice in writing to the Minister to be provided with that employment benefit, and\n> > \n> > > (b) the Minister approves of the provision of that employment benefit, and\n> > \n> > > (c) the salary otherwise payable to the office holder under section 11 is reduced by the cost of that employment benefit (being the cost determined under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) of a similar employment benefit provided to the Secretary of a Department).\n> \n> > (4) An election referred to in subsection (3) (a) may, with the approval of the Minister, be revoked at any time.\n> \n> > (4A) The Minister may delegate the exercise of any function of the Minister under this section (other than this power of delegation) to—\n> > \n> > > (a) the head of a Public Service agency, or\n> > \n> > > (b) any person employed in a Public Service agency responsible to the Minister.\n> \n> > (5) This section has effect despite anything to the contrary in this Part.\n> \n> **s 11B:** Ins 2001 No 97, Sch 1 \\[2\\]. Am 2002 No 43, Sch 7.9 \\[1\\]; 2013 No 40, Sch 6.9 \\[6\\]; 2019 No 1, Sch 1.20 \\[2\\].","sortOrder":21},{"sectionNumber":"11C","sectionType":"section","heading":"Salary sacrifice for living away from home expenses for office holders not subject to section 11A","content":"#### 11C Salary sacrifice for living away from home expenses for office holders not subject to section 11A\n\n11C Salary sacrifice for living away from home expenses for office holders not subject to section 11A\n\n> > (1) This section applies to office holders other than office holders to whom section 11A applies.\n> \n> > (2) The employment benefit that an office holder may be provided with under this section is a living away from home allowance to compensate the office holder (and family members) for additional expenses incurred and disadvantages suffered as a result of the office holder being required to live away from the office holder’s usual place of residence in order to perform the office holder’s functions for a temporary period of time (such as accommodation and food expenses).\n> \n> > (3) An office holder to whom this section applies is entitled to be provided with any such employment benefit if—\n> > \n> > > (a) the office holder elects by notice in writing to the Minister to be provided with that employment benefit, and\n> > \n> > > (b) the Minister approves of the provision of that employment benefit, and\n> > \n> > > (c) the salary otherwise payable to the office holder under section 11 is reduced by the cost of that employment benefit (being the cost determined by the Secretary of the Department of Justice).\n> \n> > (4) An election referred to in subsection (3) (a) may, with the approval of the Minister, be revoked at any time.\n> \n> > (4A) The Minister may delegate the exercise of any function of the Minister under this section (other than this power of delegation) to—\n> > \n> > > (a) the head of a Public Service agency, or\n> > \n> > > (b) any person employed in a Public Service agency responsible to the Minister.\n> \n> > (5) This section has effect despite anything to the contrary in this Part.\n> \n> **s 11C:** Ins 2016 No 54, Sch 1.14 \\[1\\]. Am 2019 No 1, Sch 1.20 \\[3\\].","sortOrder":22},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12 (Repealed)","sortOrder":23},{"sectionNumber":"13","sectionType":"section","heading":"Annual determinations","content":"#### 13 Annual determinations\n\n13 Annual determinations\n\n> The Tribunal shall, in each year, make a determination of the remuneration to be paid to office holders as on and from 1 July in that year.\n> \n> **s 13:** Am 1984 No 62, Sch 2 (3); 2001 No 97, Sch 1 \\[3\\]; 2013 No 40, Sch 6.9 \\[7\\].","sortOrder":25},{"sectionNumber":"14","sectionType":"section","heading":"Special determinations: by direction","content":"#### 14 Special determinations: by direction\n\n14 Special determinations: by direction\n\n> > (1) Where the Minister so directs, the Tribunal, not later than the day specified in the direction as the day on or before which the determination is to be made, shall, after taking into consideration such matters as are specified in the direction and such other matters as the Tribunal thinks fit, make a determination as to whether, and (if so) how, any determination already made should be altered in relation to such office holders as are referred to in the direction.\n> \n> > (2) A reference in subsection (1) to an office holder includes a reference to an office holder whose remuneration is not fixed by the determination to which the determination made under this section relates.","sortOrder":26},{"sectionNumber":"15","sectionType":"section","heading":"Special determinations: wages decisions","content":"#### 15 Special determinations: wages decisions\n\n15 Special determinations: wages decisions\n\n> The Tribunal may, for the purpose of applying, in such manner as the Tribunal thinks appropriate, a wages decision to the remuneration of office holders or any of them or any class of them, make a determination as to whether, and (if so) how, any determination already made should be altered.","sortOrder":27},{"sectionNumber":"15A","sectionType":"section","heading":"Special determinations: wages decisions (on or after 4 April 1984)","content":"#### 15A Special determinations: wages decisions (on or after 4 April 1984)\n\n15A Special determinations: wages decisions (on or after 4 April 1984)\n\n> > (1) While this section has effect, sections 13, 15, 16 (2), 18 (2) and 20 (2) do not have effect.\n> \n> > (2) The Tribunal shall, as soon as practicable after the making of a wages decision, make a determination of the remuneration to be paid to office holders as on and from the day to be specified in the determination.\n> \n> > (3) The reference in this section to a wages decision is a reference to a wages decision made on or after 4 April 1984 but does not include a reference to a decision prescribed by the regulations as a decision to which this section does not apply.\n> \n> **s 15A:** Ins 1984 No 62, Sch 1 (3).","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":"General provisions as to determinations","content":"#### 16 General provisions as to determinations\n\n16 General provisions as to determinations\n\n> > (1) In making a determination, the Tribunal may determine—\n> > \n> > > (a) that any class or kind of remuneration shall be at rates the same as or higher or lower than those at which it was payable immediately before the determination comes into force,\n> > \n> > > (b) that any class or kind of allowance payable immediately before the determination came into force shall—\n> > > \n> > > > (i) be payable to office holders or any of them or any class of them who or which are or is not in receipt of an allowance of that class or kind immediately before the determination comes into force,\n> > > \n> > > > (ii) be not payable to office holders or any of them or any class of them who or which are or is in receipt of an allowance of that class or kind immediately before the determination comes into force,\n> > > \n> > > > (iii) cease to be payable, or\n> > > \n> > > > (iv) be replaced by an allowance of some other class or kind, or\n> > \n> > > (c) that, in addition to any class or kind of remuneration payable at the time the determination is made, an allowance of some additional class or kind shall be payable to office holders or any of them or any class of them.\n> \n> > (1A) A determination by the Tribunal of the remuneration to be paid to an office holder who is an officer in the Public Service may not be less than the maximum salary, at the time of the determination, for a clerk (grade 12) in the Public Service.\n> \n> > (2) The Tribunal may, in a determination, make provision for the application, in such manner as the Tribunal thinks fit, of any wages decision that may be made after the date of the determination, but before the end of the period in which the determination has effect, to the remuneration to be paid to office holders or any of them or any class of them.\n> \n> > (3) The Tribunal may make a determination that applies in relation to an office specified in Schedule 1, 2 or 3 notwithstanding that—\n> > \n> > > (a) no person holds the office for the time being, or\n> > \n> > > (b) the person who holds the office for the time being is not entitled to be paid remuneration under this Act.\n> \n> > (4) The Tribunal may make a determination that does not apply in relation to an office specified in Schedule 1, 2 or 3 if—\n> > \n> > > (a) no person holds the office for the time being, or\n> > \n> > > (b) the person who holds the office for the time being is not entitled to be paid remuneration under this Act.\n> \n> > (5) The Tribunal may, in a determination that applies in relation to an office specified in Schedule 2 or 3, provide that a special allowance (whether or not in addition to any other allowance) is payable only to the holder of the office who is named in the determination.\n> \n> > (6) A determination may be made so as to apply differently as between two or more persons holding the same office, being an office specified in Schedule 2 or 3 but not Schedule 1.\n> \n> > (7) (Repealed)\n> \n> **s 16:** Am 1979 No 94, Sch 1 (3); 1989 No 104, Sch 2 (8); 2013 No 40, Sch 6.9 \\[8\\].","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":"Inquiries","content":"#### 17 Inquiries\n\n17 Inquiries\n\n> > (1) Before making a determination, the Tribunal may make such inquiry as the Tribunal thinks necessary.\n> \n> > (2) An inquiry held for the purpose of a determination to be made under section 13 may not be commenced before 1 January in the year in which the determination is to be made.\n> \n> > (3) In the exercise or performance of the Tribunal’s powers, authorities, duties and functions under this Part—\n> > \n> > > (a) the Tribunal may inform himself or herself in such manner as the Tribunal thinks fit,\n> > \n> > > (b) the Tribunal may receive written or oral submissions,\n> > \n> > > (c) the Tribunal shall take into consideration submissions received by the Tribunal relating to the remuneration of office holders, whether or not those submissions were received in response to an invitation under subsection (4),\n> > \n> > > (d) the Tribunal is not required to conduct any proceedings in a formal manner, and\n> > \n> > > (e) the Tribunal is not bound by the rules of evidence.\n> \n> > (4) Without affecting the generality of subsection (3), the Tribunal may invite submissions from office holders, Ministers of the Crown, members and officers of statutory bodies and Departments of the Government and any other persons.\n> \n> **s 17:** Am 1989 No 104, Sch 2 (9); 2013 No 40, Sch 6.9 \\[9\\].","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":"Tribunal’s reports","content":"#### 18 Tribunal’s reports\n\n18 Tribunal’s reports\n\n> > (1) (Repealed)\n> \n> > (2) The Tribunal shall, in each year, make a report to the Minister of the Tribunal’s determination made in that year under section 13.\n> \n> > (3) The Tribunal shall, not later than the day specified in a direction referred to in section 14, as the day on or before which the determination is to be made, make a report to the Minister of the Tribunal’s determination made in consequence of that direction.\n> \n> > (4) The Tribunal shall, as soon as practicable after making a determination under section 15 or 15A, make a report to the Minister of the Tribunal’s determination.\n> \n> **s 18:** Am 1984 No 62, Schs 1 (4), 2 (4); 2001 No 97, Sch 1 \\[4\\].","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":"Report to be tabled","content":"#### 19 Report to be tabled\n\n19 Report to be tabled\n\n> > (1) The report of a determination shall—\n> > \n> > > (a) be published in the Gazette as soon as practicable after the report is received by the Minister, and\n> > \n> > > (b) be laid before each House of Parliament within 14 sitting days of that House after the day on which it is so published.\n> \n> > (2) Failure to lay a report before each House of Parliament in accordance with this section does not affect the validity of a determination, but the report must nevertheless be laid before each House.\n> \n> **s 19:** Am 1984 No 62, Sch 1 (5). Subst 1987 No 48, Sch 32.","sortOrder":32},{"sectionNumber":"19A","sectionType":"section","heading":"Disallowance of determinations","content":"#### 19A Disallowance of determinations\n\n19A Disallowance of determinations\n\n> > (1) Either House of Parliament may pass a resolution disallowing a determination—\n> > \n> > > (a) at any time before the relevant report is laid before the House, or\n> > \n> > > (b) at any time after the relevant report is laid before the House, but only if notice of the resolution was given within 15 sitting days of the House after the relevant report was so laid.\n> \n> > (2) On the passing of a resolution disallowing a determination—\n> > \n> > > (a) in the case of a determination under section 13 or 15A—the determination shall have effect as if it were a determination that remuneration payable to office holders shall be of the same classes or kinds, and at the same rates, as those payable immediately before the determination came or comes into force, as the case requires, or\n> > \n> > > (b) in the case of a determination under section 14 or 15—the determination shall thereupon cease to have effect.\n> \n> > (3) Nothing in subsection (2) affects any remuneration paid or payable in respect of any period before the date of the resolution referred to in that subsection.\n> \n> **s 19A:** Ins 1987 No 48, Sch 32.","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Operation of determinations","content":"#### 20 Operation of determinations\n\n20 Operation of determinations\n\n> > (1) Subject to this Act, a determination, the report of which is published in the Gazette under section 19 (1) and which was made under—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) section 13—shall come into force, or be deemed to have come into force, on 1 July in the year in which it is made, and\n> > \n> > > (c) section 14, 15 or 15A—shall come into force, or be deemed to have come into force, on the day specified in the determination as the day on which the determination is, or is to be deemed, to come into force.\n> \n> > (2) Subject to this Act, a determination shall continue in force until and including 30 September next following the day on which it comes into force.\n> \n> > (2A) Subject to this Act, a determination made under section 15A shall continue in force until another determination made under section 13 or 15A comes into force.\n> \n> > (2B) A determination made under section 13 or 15A has effect subject to any subsequent alteration that was made under section 14 or 15 and that is in force.\n> \n> > (2C) A determination made under section 13 shall not come into force if, after it was made and before it would, but for this subsection, have come into force, a determination made under section 15A comes into force.\n> \n> > (3) A determination has effect subject to any alteration made to it by a determination that was made under section 14 or 15 and that is in force.\n> \n> > (4) Where—\n> > \n> > > (a) a determination is made under section 15 for the purpose of applying a wages decision,\n> > \n> > > (a1) a determination is made under section 15A in consequence of the making of a wages decision, or\n> > \n> > > (b) a wages decision is to be applied in accordance with a provision of the kind referred to in section 16 (2),\n> > \n> > no alteration of remuneration shall be effected thereby before—\n> > \n> > > (c) the day as on and from which rates of wages in awards made under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) are varied in consequence of the wages decision, or\n> > \n> > > (d) where any of those rates are so varied as on and from different days—the earlier or earliest of those days.\n> \n> > (5) A determination shall not be challenged, reviewed, quashed or called into question before any court or in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition, mandamus, certiorari or otherwise.\n> \n> **s 20:** Am 1984 No 62, Schs 1 (6), 2 (5); 1996 No 121, Sch 4.51 \\[2\\]; 2013 No 40, Sch 6.9 \\[10\\].","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Restrictions on reduction of remuneration of certain office holders","content":"#### 21 Restrictions on reduction of remuneration of certain office holders\n\n21 Restrictions on reduction of remuneration of certain office holders\n\n> > (1) Notwithstanding any other section of this Act, a determination does not operate so as to reduce the rate at which remuneration is payable to the holder of an office specified in Schedule 1.\n> \n> > (2) Where an Act contains a provision to the effect that subsection (1) does not apply to a determination made before the date of assent to that Act, then, subject to that Act, the reduction effected by virtue of that Act does not, in relation to any period before that date, apply to a person who is not an office holder at that date.\n> \n> > (3) A determination does not operate so as to reduce, contrary to a written contract or agreement entered into by a person and by or on behalf of the State or the Government of the State, the rate at which remuneration is payable to the person as an office holder, unless the person agrees in writing.","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Remuneration payable during period before publication of report","content":"#### 22 Remuneration payable during period before publication of report\n\n22 Remuneration payable during period before publication of report\n\n> > (1) If the report of a determination made under section 13 is published in the Gazette after 1 July in the year in which it is made, each office holder is, for the period commencing on and including that day and ending on and including the day preceding the date of publication, entitled to be paid the remuneration that the office holder would have been entitled to be paid had the determination in force on the preceding 30 June continued in force, subject to any adjustment necessary by reason of the making and publication of the report.\n> \n> > (2) Notwithstanding anything in this Act, where a determination takes effect on a date (referred to in this subsection as the effective date) that is earlier than the date of publication in the Gazette of the report of the determination, a person who—\n> > \n> > > (a) was an office holder at or at any time after the effective date, and\n> > \n> > > (b) was not an office holder at the date of publication,\n> > \n> > is not, in relation to any period before the date of publication, affected by the determination, unless—\n> > \n> > > (c) the determination would, if he or she had continued in office, operate to increase the remuneration payable to him or her in relation to that period, and\n> > \n> > > (d) he or she ceased to hold office otherwise than by reason of resigning office (except by way of retirement) or by reason of removal from office by the Governor or by resolution of either or both of the Houses of Parliament.\n> \n> **s 22:** Am 2013 No 40, Sch 6.9 \\[11\\] \\[12\\].","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Remuneration of office holders not dealt with","content":"#### 23 Remuneration of office holders not dealt with\n\n23 Remuneration of office holders not dealt with\n\n> > (1) Where, but for this subsection, no remuneration would be payable to an office holder in respect of any period during which he or she is an office holder, the Minister may, from time to time, fix the remuneration payable to the office holder in respect of that period.\n> \n> > (2) The remuneration payable to an office holder under subsection (1) is payable until a determination applicable to the office holder comes into force.\n> \n> > (3) The holder of an office specified in—\n> > \n> > > (a) Column 1 of Part 1 of Schedule 3—is not entitled to be paid remuneration by virtue of this section unless the office holder is the person described in Column 2 of that Part opposite the office so specified, or\n> > \n> > > (b) Part 2 of Schedule 3—is not entitled to be paid remuneration by virtue of this section unless the office holder is required by the Governor (by the terms of the office holder’s appointment or otherwise) to devote the whole of the office holder’s time to the duties of the office holder’s office.","sortOrder":37},{"sectionNumber":"23A","sectionType":"section","heading":"Application of quantum and principles determined in State Wage Cases","content":"#### 23A Application of quantum and principles determined in State Wage Cases\n\n23A Application of quantum and principles determined in State Wage Cases\n\n> The Tribunal in making a determination under section 14 or 15A, and the Minister in fixing remuneration under section 23, shall—\n> \n> > (a) have regard to the most recent determination of the Industrial Commission of New South Wales under section 57 of the [Industrial Arbitration Act 1940](/view/pdf/asmade/act-1940-2) of—\n> > \n> > > (i) the amount, or\n> > \n> > > (ii) the method by which an amount may be determined,\n> > \n> > by which rates of wages in awards made under that Act shall be varied, and\n> \n> > (b) adopt, as far as practicable, the principles of wage fixation for the time being adopted as a general ruling or declaration of principle, by that Commission, in connection with awards made under that Act.\n> \n> **s 23A:** Ins 1984 No 62, Sch 1 (7).","sortOrder":38},{"sectionNumber":"23B","sectionType":"section","heading":"Suspension of sections 15A and 23A","content":"#### 23B Suspension of sections 15A and 23A\n\n23B Suspension of sections 15A and 23A\n\n> > (1) The Governor may, by order published in the Gazette, declare that sections 15A and 23A are suspended either until a specified date or until further notice is given by order published in the Gazette.\n> \n> > (2) While a declaration under this section is in force, sections 15A and 23A do not have effect.\n> \n> Editorial note.\n> \n> Declaration suspending operation of secs 15A and 23A until further notice published in Gazette No 5 of 20.1.1989, p 322.\n> \n> **s 23B:** Ins 1984 No 62, Sch 1 (7).","sortOrder":39},{"sectionNumber":"24","sectionType":"section","heading":"This Act to prevail","content":"#### 24 This Act to prevail\n\n24 This Act to prevail\n\n> An office holder is entitled to the remuneration provided for by this Act in respect of the office holder, instead of that payable to the office holder by or under any other Act.","sortOrder":40},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Remuneration packages for chief executive and senior executive office holders (except Part 3B office holders)","content":"# Part 3A Remuneration packages for chief executive and senior executive office holders (except Part 3B office holders)\n\nPart 3A Remuneration packages for chief executive and senior executive office holders (except Part 3B office holders)\n\n**pt 3A, hdg:** Ins 1989 No 104, Sch 1 (1). Am 2013 No 40, Sch 6.9 \\[13\\].\n\n**pt 3A:** Ins 1989 No 104, Sch 1 (1).","sortOrder":41},{"sectionNumber":"24A","sectionType":"section","heading":"Definitions","content":"#### 24A Definitions\n\n24A Definitions\n\n> In this Part—\n> \n> chief executive office holder means the holder of a position referred to in Parts 1 and 2 of Schedule 2 to the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043).\n> \n> determination means a determination made by the Tribunal under section 24B, 24C or 24D.\n> \n> executive office holder means a chief executive office holder or a senior executive office holder.\n> \n> remuneration package means the annual amount payable under section 74 of the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043)—\n> \n> > (a) as monetary remuneration for the executive office holder, or\n> \n> > (b) partly as that remuneration and partly as the cost to the employer of the executive office holder of employment benefits.\n> \n> senior executive office holder means the holder of a senior executive position within the meaning of the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043).\n> \n> **s 24A:** Ins 1989 No 104, Sch 1 (1). Am 1990 No 48, Sch 1; 1993 No 39, Sch 2; 2002 No 43, Sch 7.9 \\[2\\]–\\[4\\]; 2011 No 62, Sch 3.34 \\[1\\] \\[2\\]; 2016 No 2, Sch 5.4 \\[1\\]–\\[3\\].","sortOrder":42},{"sectionNumber":"24AA","sectionType":"section","heading":"Application of Part","content":"#### 24AA Application of Part\n\n24AA Application of Part\n\n> > (1) This Part does not apply to the Secretary of a Department of the Public Service or to any other Public Service senior executive to whom Division 4 of Part 4 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) applies.\n> \n> > (2) A reference in this Part to the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043) is a reference to that Act as in force immediately before its repeal, as continued in operation in relation to executive office holders by the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **s 24AA:** Ins 2013 No 40, Sch 6.9 \\[14\\].","sortOrder":43},{"sectionNumber":"24B","sectionType":"section","heading":"Initial determinations","content":"#### 24B Initial determinations\n\n24B Initial determinations\n\n> > (1) The Tribunal is required to make, as soon as practicable after the commencement of this Part, a determination of the remuneration packages for executive office holders.\n> \n> > (2) The Tribunal is required to make, as occasion requires, a determination of the remuneration package for an executive office holder not included in any previous determination.\n> \n> > (3) The Tribunal may make a determination under this section in respect of a prospective executive office holder notified to the Tribunal by the Minister.\n> \n> **s 24B:** Ins 1989 No 104, Sch 1 (1).","sortOrder":44},{"sectionNumber":"24C","sectionType":"section","heading":"Annual determinations","content":"#### 24C Annual determinations\n\n24C Annual determinations\n\n> The Tribunal is required to make, in each year, a determination of the remuneration packages for executive office holders as on and from 1 July in that year.\n> \n> **s 24C:** Ins 1989 No 104, Sch 1 (1). Am 2001 No 97, Sch 1 \\[5\\]; 2013 No 40, Sch 6.9 \\[15\\].","sortOrder":45},{"sectionNumber":"24D","sectionType":"section","heading":"Special determinations","content":"#### 24D Special determinations\n\n24D Special determinations\n\n> > (1) If the Minister so directs, the Tribunal is required to make (not later than the day specified in the direction as the day on or before which the determination is to be made) a determination as to whether, and (if so) how, any determination already made should be altered in relation to such executive office holders as are referred to in the direction.\n> \n> > (2) A reference in subsection (1) to an executive office holder includes a reference to an executive office holder whose remuneration package is not fixed by the determination to which the determination made under this section relates.\n> \n> **ss 24D–24F:** Ins 1989 No 104, Sch 1 (1).","sortOrder":46},{"sectionNumber":"24E","sectionType":"section","heading":"Directions by Minister","content":"#### 24E Directions by Minister\n\n24E Directions by Minister\n\n> > (1) The Minister may give the Tribunal directions as to matters which the Tribunal should take into consideration when making determinations of the remuneration packages for executive office holders or for any of them or for any class of them.\n> \n> > (2) In making a determination, the Tribunal must take into consideration any such matters and such other matters as the Tribunal thinks fit.\n> \n> **ss 24D–24F:** Ins 1989 No 104, Sch 1 (1).","sortOrder":47},{"sectionNumber":"24F","sectionType":"section","heading":"General provisions relating to determinations","content":"#### 24F General provisions relating to determinations\n\n24F General provisions relating to determinations\n\n> > (1) In making a determination, the Tribunal may—\n> > \n> > > (a) fix, as a remuneration package, a specified amount or any amount that is within a specified range of amounts, or\n> > \n> > > (b) provide that a different remuneration package applies in the case of an executive office holder who is named in the determination, or\n> > \n> > > (c) increase, reduce or not change any remuneration package, or\n> > \n> > > (d) fix remuneration packages for particular executive office holders or for classes of executive office holders.\n> \n> > (2) A remuneration package determined by the Tribunal for an executive office holder may not be less than the remuneration package which the Tribunal considers appropriate for a clerk (grade 12) in the Public Service with general administrative duties.\n> \n> > (3) The Tribunal may make a determination that applies in relation to an executive office holder even though no person holds the office for the time being.\n> \n> **ss 24D–24F:** Ins 1989 No 104, Sch 1 (1).","sortOrder":48},{"sectionNumber":"24G","sectionType":"section","heading":"Inquiries","content":"#### 24G Inquiries\n\n24G Inquiries\n\n> > (1) Before making a determination, the Tribunal may make such inquiry as the Tribunal thinks necessary.\n> \n> > (2) An inquiry for the purpose of a determination to be made under section 24C (Annual determinations) may not be commenced before 1 January in the year in which the determination is to be made.\n> \n> > (3) In the exercise or performance of the Tribunal’s powers, authorities, duties and functions under this Part—\n> > \n> > > (a) the Tribunal may inform himself or herself in such manner as he or she thinks fit,\n> > \n> > > (b) the Tribunal may receive written or oral submissions,\n> > \n> > > (c) the Tribunal must take into consideration submissions received by him or her relating to the remuneration packages for executive office holders, whether or not those submissions were received in response to an invitation under subsection (4),\n> > \n> > > (d) the Tribunal is not required to conduct any proceedings in a formal manner, and\n> > \n> > > (e) the Tribunal is not bound by the rules of evidence.\n> \n> > (4) Without affecting the generality of subsection (3), the Tribunal may invite submissions from executive office holders, Ministers of the Crown, members and officers of statutory bodies and Departments of the Government and any other persons.\n> \n> **s 24G:** Ins 1989 No 104, Sch 1 (1). Am 2013 No 40, Sch 6.9 \\[16\\].","sortOrder":49},{"sectionNumber":"24H","sectionType":"section","heading":"Tribunal’s reports","content":"#### 24H Tribunal’s reports\n\n24H Tribunal’s reports\n\n> > (1) The Tribunal must, as soon as practicable after making a determination under section 24B (Initial determinations), make a report to the Minister of the Tribunal’s determination.\n> \n> > (2) The Tribunal must, in each year, make a report to the Minister of the Tribunal’s determination under section 24C (Annual determinations).\n> \n> > (3) The Tribunal must, not later than the day specified in a direction referred to in section 24D (Special determinations) as the day on or before which the determination is to be made, make a report to the Minister of the Tribunal’s determination made in consequence of that direction.\n> \n> **s 24H:** Ins 1989 No 104, Sch 1 (1). Am 2001 No 97, Sch 1 \\[6\\].","sortOrder":50},{"sectionNumber":"24I","sectionType":"section","heading":"Publication of determinations","content":"#### 24I Publication of determinations\n\n24I Publication of determinations\n\n> The report of a determination may be published by the Minister in the Gazette and in such other manner as the Minister thinks fit.\n> \n> **s 24I:** Ins 1989 No 104, Sch 1 (1).","sortOrder":51},{"sectionNumber":"24J","sectionType":"section","heading":"Operation of determinations","content":"#### 24J Operation of determinations\n\n24J Operation of determinations\n\n> > (1) Subject to this Part, a determination which was made under—\n> > \n> > > (a) section 24B (Initial determinations)—is to be taken to have come into force on the date that the first appointment is made to the office concerned, and\n> > \n> > > (b) section 24C (Annual determinations)—comes into force, or is to be taken to have come into force, on 1 July in the year in which it is made, and\n> > \n> > > (c) section 24D (Special determinations)—comes into force, or is to be taken to have come into force, on the day specified in the determination as the day on which the determination is, or is to be taken, to come into force.\n> \n> > (2) Subject to this Part, a determination continues in force until and including 30 September next following the day on which it comes into force.\n> \n> > (3) Subject to this Part, a determination has effect subject to any determination that was made under section 24D (Special determinations) and that is in force.\n> \n> > (4) A determination may not be challenged, reviewed, quashed or called into question before any court in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition, mandamus, certiorari or otherwise.\n> \n> **s 24J:** Ins 1989 No 104, Sch 1 (1). Am 2013 No 40, Sch 6.9 \\[17\\].","sortOrder":52},{"sectionNumber":"24K","sectionType":"section","heading":"Remuneration package during period before making of report","content":"#### 24K Remuneration package during period before making of report\n\n24K Remuneration package during period before making of report\n\n> > (1) If the report of a determination under section 24C (Annual determinations) is made to the Minister after 1 July in any year, the remuneration package for each executive office holder is (for the period commencing on and including that day and ending on and including the day preceding the date the report is made) the remuneration package that would have been applicable had the determination in force on the preceding 30 June continued in force (subject to any adjustment necessary because of the making of the report).\n> \n> > (2) Despite anything in this Part, if a determination takes effect on a date (the effective date) that is earlier than the date that the report of the determination is made to the Minister, a person who—\n> > \n> > > (a) was an executive office holder at or at any time before the effective date, and\n> > \n> > > (b) was not an executive office holder at the date that the report is made,\n> > \n> > is not, in relation to any period before the date the report is made, affected by the determination, unless—\n> > \n> > > (c) the determination would, if the person had continued in office, operate to increase the remuneration package for the person in relation to that period, and\n> > \n> > > (d) the person ceased to hold office otherwise than because of the resignation of his or her office (except by way of retirement) or because of his or her removal from office.\n> \n> **s 24K:** Ins 1989 No 104, Sch 1 (1). Am 2013 No 40, Sch 6.9 \\[18\\] \\[19\\].","sortOrder":53},{"sectionNumber":"24L","sectionType":"section","heading":"Remuneration packages for executive office holders not dealt with","content":"#### 24L Remuneration packages for executive office holders not dealt with\n\n24L Remuneration packages for executive office holders not dealt with\n\n> > (1) If, but for this section, no remuneration package would be applicable to an executive office holder in respect of any period during which he or she is an executive office holder, the Minister may, from time to time, fix the remuneration package for the executive office holder in respect of that period.\n> \n> > (2) The remuneration package for an executive office holder under this section applies until a determination applicable to the person comes into force.\n> \n> **s 24L:** Ins 1989 No 104, Sch 1 (1).","sortOrder":54},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Remuneration packages for Public Service and other senior executives","content":"# Part 3B Remuneration packages for Public Service and other senior executives\n\nPart 3B Remuneration packages for Public Service and other senior executives\n\n**pt 3B, hdg:** Ins 2013 No 40, Sch 6.9 \\[20\\]. Am 2016 No 2, Sch 5.4 \\[4\\].\n\n**pt 3B:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":55},{"sectionNumber":"24M","sectionType":"section","heading":"Definitions","content":"#### 24M Definitions\n\n24M Definitions\n\n> In this Part—\n> \n> amending Act means the [Government Sector Employment Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-002).\n> \n> determination means a determination made by the Tribunal under section 24N, 24O or 24P.\n> \n> government sector senior executive employment legislation means any of the following—\n> \n> > (a) Division 4 of Part 4 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),\n> \n> > (b) Part 5 of the [Police Act 1990](/view/html/inforce/current/act-1990-047) (as inserted by the amending Act),\n> \n> > (c) Part 3 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) (as inserted by the amending Act),\n> \n> > (d) Part 7A of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) (as inserted by the amending Act).\n> \n> remuneration package means the annual amount payable to a senior executive under the government sector senior executive employment legislation—\n> \n> > (a) as monetary remuneration for the executive, or\n> \n> > (b) partly as that remuneration and partly as the cost to the employer of the executive’s employment benefits.\n> \n> senior executive means—\n> \n> > (a) the Secretary of a Department of the Public Service or any other Public Service senior executive to whom Division 4 of Part 4 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) applies, or\n> \n> > (b) any NSW Police Force senior executive to whom Part 5 of the [Police Act 1990](/view/html/inforce/current/act-1990-047) (as inserted by the amending Act) applies, or\n> \n> > (c) any NSW Health Service senior executive to whom Part 3 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) (as inserted by the amending Act) applies, or\n> \n> > (d) any Transport Service senior executive to whom Part 7A of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) (as inserted by the amending Act) applies,\n> \n> and includes the Commissioner of Police (but only on and from the date of commencement of Schedule 3 to the amending Act).\n> \n> **s 24M:** Ins 2013 No 40, Sch 6.9 \\[20\\]. Am 2016 No 2, Sch 5.4 \\[5\\]–\\[7\\].","sortOrder":56},{"sectionNumber":"24N","sectionType":"section","heading":"Initial determinations","content":"#### 24N Initial determinations\n\n24N Initial determinations\n\n> > (1) The Tribunal is required to make, as soon as practicable after the commencement of this Part, a determination of the remuneration package for each band in which senior executives may be employed under the government sector senior executive employment legislation.\n> \n> > (2) The Tribunal may make a determination under this section in respect of a prospective band in which senior executives may be employed that is notified to the Tribunal by the Minister.\n> \n> **s 24N:** Ins 2013 No 40, Sch 6.9 \\[20\\]. Am 2016 No 2, Sch 5.4 \\[8\\].","sortOrder":57},{"sectionNumber":"24O","sectionType":"section","heading":"Annual determinations","content":"#### 24O Annual determinations\n\n24O Annual determinations\n\n> The Tribunal is required to make, in each year, a determination of remuneration packages for senior executives as on and from 1 July in that year.\n> \n> **s 24O:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":58},{"sectionNumber":"24P","sectionType":"section","heading":"Special determinations","content":"#### 24P Special determinations\n\n24P Special determinations\n\n> If the Minister so directs, the Tribunal is required to make (not later than the day specified in the direction as the day on or before which the determination is to be made) a determination as to whether, and (if so) how, any determination already made should be altered in relation to remuneration packages as are referred to in the direction.\n> \n> **s 24P:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":59},{"sectionNumber":"24Q","sectionType":"section","heading":"Matters to be taken into consideration by Tribunal","content":"#### 24Q Matters to be taken into consideration by Tribunal\n\n24Q Matters to be taken into consideration by Tribunal\n\n> > (1) The Minister or the Public Service Commissioner may notify the Tribunal of matters which the Tribunal should take into consideration when making determinations of the remuneration packages for senior executives.\n> \n> > (2) In making a determination, the Tribunal must take into consideration any such matters and such other matters as the Tribunal thinks fit.\n> \n> **s 24Q:** Ins 2013 No 40, Sch 6.9 \\[20\\]. Am 2017 No 63, Sch 1.18.","sortOrder":60},{"sectionNumber":"24R","sectionType":"section","heading":"General provisions relating to determinations","content":"#### 24R General provisions relating to determinations\n\n24R General provisions relating to determinations\n\n> > (1) In making a determination, the Tribunal—\n> > \n> > > (a) is to fix, as the remuneration package, any amount that is within a specified range of amounts, and\n> > \n> > > (b) is to fix a single remuneration package for all senior executives employed in a specified band, and\n> > \n> > > (c) may provide that a different remuneration package applies in the case of particular senior executives named in the determination (but only if the Minister has requested the Tribunal to do so), and\n> > \n> > > (d) may increase, reduce or not change any remuneration package.\n> \n> > (2) A remuneration package determined by the Tribunal may not be less than the remuneration package which the Tribunal considers appropriate for a clerk (grade 12) in the Public Service with general administrative duties.\n> \n> > (3) Despite subsection (1), the Tribunal may, in making a determination, fix a remuneration package—\n> > \n> > > (a) for a particular senior executive named in the determination, or\n> > \n> > > (b) for a particular role, office or position specified in the determination, or\n> > \n> > > (c) for a particular class of senior executives specified in the determination,\n> > \n> > that is higher than the remuneration range otherwise determined by the Tribunal for the band in which a senior executive to whom the determination relates is or is to be employed (but only if the Minister has directed the Tribunal to do so).\n> \n> > (4) For the purposes of the government sector senior executive employment legislation, any such higher remuneration package is taken to be within the remuneration range for the band in which the senior executive concerned is employed.\n> \n> > (5) The Tribunal may make a determination that applies in relation to a particular role, office or position even though no person is assigned to the role, or holds the office or position, for the time being.\n> \n> **s 24R:** Ins 2013 No 40, Sch 6.9 \\[20\\]. Am 2016 No 2, Sch 5.4 \\[9\\].","sortOrder":61},{"sectionNumber":"24S","sectionType":"section","heading":"Inquiries","content":"#### 24S Inquiries\n\n24S Inquiries\n\n> > (1) Before making a determination, the Tribunal may make such inquiry as the Tribunal thinks necessary.\n> \n> > (2) An inquiry for the purpose of a determination to be made under section 24O (Annual determinations) may not be commenced before 1 January in the year in which the determination is to be made.\n> \n> > (3) In the exercise or performance of the Tribunal’s powers, authorities, duties and functions under this Part—\n> > \n> > > (a) the Tribunal may inform himself or herself in such manner as he or she thinks fit, and\n> > \n> > > (b) the Tribunal may receive written or oral submissions, and\n> > \n> > > (c) the Tribunal must take into consideration submissions received by him or her relating to the remuneration packages for senior executives, whether or not those submissions were received in response to an invitation under subsection (4), and\n> > \n> > > (d) the Tribunal is not required to conduct any proceedings in a formal manner, and\n> > \n> > > (e) the Tribunal is not bound by the rules of evidence.\n> \n> > (4) Without affecting the generality of subsection (3), the Tribunal may invite submissions from senior executives, Ministers of the Crown, the Public Service Commissioner and any other persons.\n> \n> **ss 24S–24X:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":62},{"sectionNumber":"24T","sectionType":"section","heading":"Tribunal’s reports","content":"#### 24T Tribunal’s reports\n\n24T Tribunal’s reports\n\n> > (1) The Tribunal must, as soon as practicable after making a determination under section 24N (Initial determinations), make a report to the Minister of the Tribunal’s determination.\n> \n> > (2) The Tribunal must, in each year, make a report to the Minister of the Tribunal’s determination under section 24O (Annual determinations).\n> \n> > (3) The Tribunal must, not later than the day specified in a direction referred to in section 24P (Special determinations) as the day on or before which the determination is to be made, make a report to the Minister of the Tribunal’s determination made in consequence of that direction.\n> \n> **ss 24S–24X:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":63},{"sectionNumber":"24U","sectionType":"section","heading":"Publication of determinations","content":"#### 24U Publication of determinations\n\n24U Publication of determinations\n\n> The report of a determination may be published by the Minister in the Gazette and in such other manner as the Minister thinks fit.\n> \n> **ss 24S–24X:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":64},{"sectionNumber":"24V","sectionType":"section","heading":"Operation of determinations","content":"#### 24V Operation of determinations\n\n24V Operation of determinations\n\n> > (1) Subject to this Part, a determination which was made under—\n> > \n> > > (a) section 24N (Initial determinations)—comes into force when it is made, and\n> > \n> > > (b) section 24O (Annual determinations)—comes into force, or is to be taken to have come into force, on 1 July in the year in which it is made, and\n> > \n> > > (c) section 24P (Special determinations)—comes into force, or is to be taken to have come into force, on the day specified in the determination as the day on which the determination is, or is to be taken, to come into force.\n> \n> > (2) Subject to this Part, a determination continues in force until and including 30 June next following the day on which it comes into force.\n> \n> > (3) Subject to this Part, a determination has effect subject to any determination that was made under section 24P (Special determinations) and that is in force.\n> \n> > (4) A determination may not be challenged, reviewed, quashed or called into question before any court in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition, mandamus, certiorari or otherwise.\n> \n> **ss 24S–24X:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":65},{"sectionNumber":"24W","sectionType":"section","heading":"Remuneration package during period before making of report","content":"#### 24W Remuneration package during period before making of report\n\n24W Remuneration package during period before making of report\n\n> > (1) If the report of a determination under section 24O (Annual determinations) is made to the Minister after 1 July in any year, the remuneration package for the senior executives is (for the period commencing on and including that day and ending on and including the day preceding the date the report is made) the remuneration package that would have been applicable had the determination in force on the preceding 30 June continued in force (subject to any adjustment necessary because of the making of the report).\n> \n> > (2) Despite anything in this Part, if a determination takes effect on a date (the effective date) that is earlier than the date that the report of the determination is made to the Minister, a person who—\n> > \n> > > (a) was a senior executive at or at any time before the effective date, and\n> > \n> > > (b) was not a senior executive at the date that the report is made,\n> > \n> > is not, in relation to any period before the date the report is made, affected by the determination, unless—\n> > \n> > > (c) the determination would, if the person had continued as a senior executive, operate to increase the remuneration package for the person in relation to that period, and\n> > \n> > > (d) the person ceased to be a senior executive otherwise than because of his or her resignation (except by way of retirement) or because of his or her removal as a senior executive.\n> \n> **ss 24S–24X:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":66},{"sectionNumber":"24X","sectionType":"section","heading":"Remuneration packages for senior executives not dealt with","content":"#### 24X Remuneration packages for senior executives not dealt with\n\n24X Remuneration packages for senior executives not dealt with\n\n> > (1) If, but for this section, no remuneration package would be applicable to a senior executive in respect of any period during which he or she is a senior executive, the Minister may, from time to time, fix the remuneration package for the senior executive in respect of that period.\n> \n> > (2) The remuneration package for a senior executive under this section applies until a determination applicable to the person comes into force.\n> \n> **ss 24S–24X:** Ins 2013 No 40, Sch 6.9 \\[20\\].","sortOrder":67},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":68},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n25 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":69},{"sectionNumber":"26","sectionType":"section","heading":"Determination of emoluments","content":"#### 26 Determination of emoluments\n\n26 Determination of emoluments\n\n> > (1) In this section, emoluments includes salary, allowances, fees and expenses, but does not include remuneration within the meaning of this Act.\n> \n> > (2) A reference (however expressed), in an enactment, or part of an enactment, for the time being prescribed for the purposes of this section, to—\n> > \n> > > (a) the determination or fixing of emoluments by the Governor or by regulation, or\n> > \n> > > (b) emoluments determined or fixed by the Governor or by regulation,\n> > \n> > is a reference to—\n> > \n> > > (c) the determination or fixing of emoluments by the Minister administering the enactment or part, or\n> > \n> > > (d) emoluments determined or fixed by that Minister,\n> > \n> > as the case may require.\n> \n> > (3) A reference in subsection (2) (a) or (b) to a regulation does not include a reference to a regulation under this Act.","sortOrder":70},{"sectionNumber":"27","sectionType":"section","heading":"Repeal of Act No 10, 1975","content":"#### 27 Repeal of Act No 10, 1975\n\n27 Repeal of Act No 10, 1975\n\n> The [Statutory Salaries Adjustment Act 1975](/view/pdf/asmade/act-1975-10) is repealed.","sortOrder":71},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28, 29 (Repealed)","sortOrder":72},{"sectionNumber":"30","sectionType":"section","heading":"Transitional provisions","content":"#### 30 Transitional provisions\n\n30 Transitional provisions\n\n> Schedule 6 has effect.","sortOrder":74},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Public offices","content":"# Schedule 1 Public offices\n\nSchedule 1 Public offices\n\n(Sections 4, 5, 11, 21)\n\nGovernor  \nChief Justice of the Supreme Court  \nPresident of the Court of Appeal  \nJudge of the Supreme Court, other than the Chief Justice and President of the Court of Appeal  \nPresident of the Industrial Relations Commission  \nVice-President of the Industrial Relations Commission  \nDeputy Chief Judge of the District Court  \nJudge of the District Court, other than the Chief Judge and Deputy Chief Judge  \nPresident of the Children’s Court  \nAssociate Judge or acting associate Judge (under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052))  \nChief Judge (under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093))  \nDeputy Chief Judge (under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093))  \nJudge (under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093)), other than the Chief Judge, a Deputy Chief Judge, a Children’s Judge, the State Coroner or the Deputy State Coroner  \nActing Judge (under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093))  \nChief Industrial Local Court Judge  \nChildren’s Judge  \nState Coroner  \nDeputy State Coroner  \nAuditor-General  \nElectoral Commissioner for New South Wales  \nOmbudsman  \nCommissioner of the New South Wales Crime Commission  \nFull-time Assistant Commissioner of the New South Wales Crime Commission  \nDirector of Public Prosecutions  \nActing Judge of the Supreme Court or of the District Court  \nPrivacy Commissioner  \nChief Commissioner of the Law Enforcement Conduct Commission  \nFull-time Commissioner of the Law Enforcement Conduct Commission  \nFull-time Assistant Commissioner of the Law Enforcement Conduct Commission  \nInformation Commissioner  \nPublic Service Commissioner  \nIndependent Review Officer under the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018)  \nCommissioner of the Health Care Complaints Commission\n\n**sch 1:** Am 1977 No 48, sec 128 (1); 1979 No 94, Sch 1 (4); 1980 No 69, sec 2; 1981 No 17, sec 3; 1982 No 143, Sch 2 (1); 1985 No 118, Sch 2; 1986 No 206, Sch 6 (1); 1986 No 212, Sch 1; 1988 No 34, Sch 2; 1990 No 108, Sch 1; 1991 No 17, Sch 1; 1991 No 34, Sch 3; 1993 No 39, Sch 2; 1995 No 21, Sch 2; 1996 No 17, Sch 5; 1996 No 30, Sch 1; 1996 No 104, Sch 2.4 (1) (2); 1997 No 77, Sch 6.6 \\[1\\]; 1998 No 133, Sch 3.8; 1999 No 31, Sch 1.45 \\[1\\]; 1999 No 85, Sch 1.24; 2002 No 70, Sch 5; 2003 No 66, Sch 2 \\[1\\]; 2003 No 82, Sch 1.38; 2005 No 28, Sch 5.45; 2005 No 31, Sch 14.6; 2007 No 92, Sch 4.16 \\[1\\]; 2007 No 94, Schs 1.93 \\[1\\], 2; 2009 No 13, Sch 2.5 \\[1\\]–\\[3\\]; 2009 No 53, Sch 1.4; 2010 No 71, Sch 4.4; 2011 No 48, Sch 2.12; 2012 No 53, Sch 10.2; 2013 No 95, Sch 2.136 \\[1\\]; 2015 No 19, Sch 15.20; 2016 No 48, Sch 2.32 \\[1\\]; 2016 No 54, Sch 1.14 \\[2\\]; 2016 No 61, Sch 6.41; 2021 No 14, Sch 2.5; 2021 No 32, Sch 1.18\\[2\\]; 2022 No 41, Sch 9; 2023 No 41, Sch 2.30\\[1\\]; 2025 No 53, Sch 2.3; 2025 No 61, Sch 2.82\\[3\\] \\[4\\].","sortOrder":75},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Public offices","content":"# Schedule 2 Public offices\n\nSchedule 2 Public offices\n\n(Sections 4, 5, 11)\n\n**sch 2:** Am 1976 No 4, sec 29 (1); GG No 39 of 19.3.1976, p 1253; 1976 No 34, Sch 6; 1976 No 62, sec 36; 1976 No 65, Sch 4; 1976 No 76, sec 20; 1977 No 77, Sch 2; 1978 No 41, sec 3; 1978 No 104, sec 3; 1978 No 144, sec 3; 1978 No 154, sec 3 (a); 1978 No 156, sec 3; 1979 No 37, sec 2; 1979 No 52, sec 3; 1979 No 60, sec 2; 1979 No 83, secs 3, 4; 1979 No 105, sec 3; 1979 No 111, sec 3; 1979 No 114, sec 3; 1979 No 137, sec 3; 1979 No 183, sec 3; 1979 No 205, Sch 2, Pt 1 (am 1980 No 74, Sch 8 (2)); 1979 No 210, sec 3; 1980 No 24, Sch 2; 1980 No 47, sec 3 (a); 1980 No 51, sec 2; 1980 No 72, sec 3; 1980 No 83, sec 3; 1980 No 107, sec 3; GG No 117 of 22.8.1980, p 4347; GG No 166 of 7.11.1980, p 5736; 1980 No 179, sec 3; 1980 No 187, Sch 1; 1981 No 91, sec 3; GG No 118 of 21.8.1981, p 4418; GG No 174 of 13.11.1981, p 5782; 1981 No 121, Sch 1; 1982 No 57, sec 3; 1982 No 64, sec 3; 1982 No 66, sec 3; 1982 No 120, sec 3; 1982 No 137, sec 3; 1982 No 143, Sch 2 (2); 1982 No 148, Sch 2; 1982 No 167, sec 2; 1983 No 58, sec 2; 1983 No 85, sec 3; 1983 No 108, sec 3 (1) (2) (a); 1983 No 158, sec 3; 1983 No 181, Sch 2; 1984 No 50, sec 2; 1984 No 93, Sch 1, Pt 1; 1984 No 99, sec 2; 1984 No 102, sec 3; 1984 No 104, sec 2; 1984 No 153, Sch 16; 1985 No 49, sec 3; 1985 No 87, sec 3; 1985 No 94, Sch 1; 1985 No 108, sec 2; 1985 No 138, sec 3 (1); 1985 No 230, sec 3; 1985 No 231, Sch 31; GG No 178 of 20.12.1985, p 6728 (on and from 1.1.1986); 1986 No 34, sec 3; 1986 No 64, sec 2; 1986 No 84, sec 2; 1986 No 88, sec 3; 1986 No 156, sec 5; 1986 No 205, Sch 2; 1986 No 206, Sch 6 (2); 1986 No 212, Sch 1; 1986 No 218, Sch 47; 1987 No 14, sec 4; 1987 No 16, sec 4; 1987 No 58, Sch 3; 1987 No 59, sec 21; 1987 No 79, Sch 1; 1987 No 108, Sch 1; 1987 No 119, sec 21 (1); 1987 No 143, Sch 2; 1987 No 203, Sch 2; 1987 No 210, sec 38; 1987 No 225, sec 4; 1987 No 273, Sch 1; 1988 No 20, Sch 20; 1988 No 27, sec 4; 1988 No 30, Sch 1; 1988 No 46, sec 5; 1988 No 50, sec 21; 1988 No 54, Sch 2; 1988 No 79, sec 4; 1988 No 103, Sch 1; 1988 No 114, Sch 4; 1988 No 119, sec 70; 1988 No 132, Sch 2; 1989 No 30, Sch 2; 1989 No 38, Sch 2; 1989 No 98, Sch 1; 1989 No 99, sec 85; 1989 No 104, Sch 1 (2) (am 1990 No 46, Sch 1; 1991 No 17, Sch 2); GG No 11 of 19.1.1990, p 389; 1990 No 11, Sch 2; 1990 No 46, Sch 1; 1990 No 48, Sch 1; 1990 No 60, Sch 9; 1990 No 104, sec 4; 1990 No 108, Sch 1; 1991 No 3, sec 5 (a); 1991 No 17, Sch 1; 1991 No 34, Sch 3; 1991 No 45, Sch 2; 1992 No 39, Sch 4; 1993 No 2, Sch 2; 1993 No 105, Sch 3; 1995 No 28, Sch 2; 1995 No 89, Sch 8; 1995 No 97, Sch 2; 1995 No 99, Sch 1; 1996 No 17, Sch 5; GG No 104 of 13.9.1996, p 6343; 1996 No 121, Sch 1.20 (1)–(3); 1997 No 18, Sch 2.3; 1997 No 77, Schs 1.12, 6.6 \\[2\\]; 1998 No 47, Sch 2.9; GG No 123 of 21.8.1998, p 6256; 1998 No 161, Sch 4.11; 1998 No 168, Sch 4.7; 1999 No 31, Schs 1.45 \\[2\\], 2.39; 2000 No 53, Sch 2.21; 2001 No 56, Sch 2.37; 2001 No 82, Sch 7.19; 2001 No 86, Sch 3.4; 2001 No 118, Sch 2.10; 2002 No 23, Sch 1.9 \\[1\\]; 2002 No 76, Sch 3; 2003 No 52, Sch 7; 2003 No 102, Sch 2.9; 2004 No 111, Sch 6; 2007 No 92, Sch 4.16 \\[2\\]; 2007 No 94, Sch 1.93 \\[3\\]; 2007 No 95, Sch 2.2; 2008 (120), cl 2; 2008 No 36, Sch 2.7; 2009 No 15, Sch 1.7; 2009 No 49, Sch 2.55; 2010 No 18, Sch 2; 2010 No 54, Sch 3.14 \\[1\\]; 2010 No 83, Sch 1.2; 2011 No 22, Sch 2.25; 2011 No 23, Sch 3.2; 2011 No 27, Sch 1.10; 2012 No 13, Sch 3.2; 2012 No 55, Sch 3.8; 2013 No 22, Sch 1.2; 2013 No 95, Schs 2.136 \\[2\\], 4.38, 8.18; 2015 No 6, Sch 1.2; 2015 No 57, Sch 6.2; 2016 No 48, Sch 2.32 \\[2\\]; 2016 No 54, Sch 1.14 \\[3\\]; 2017 No 60, Sch 11.8; 2018 No 25, Sch 5.43; 2018 No 53, sec 28; 2020 No 30, Sch 1.43; 2020 No 18, Sch 6.9\\[1\\] \\[2\\]; 2022 No 8, Sch 5.8; 2023 No 41, Sch 2.30\\[2\\]; 2023 No 52, Sch 2.5.","sortOrder":76},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Public offices","content":"# Schedule 3 Public offices\n\nSchedule 3 Public offices\n\n(Sections 4, 5, 11)\n\n**sch 3:** Am 1976 No 4, sec 29 (2); GG No 39 of 19.3.1976, p 1253; 1979 No 24, sec 3; 1980 No 47, sec 3 (b); GG No 89 of 27.6.1980, p 3252 (see also GG No 117 of 22.8.1980, p 4385); GG No 30 of 13.2.1981, p 773; 1981 No 2, Sch 1; GG No 174 of 13.11.1981, p 5782; 1983 No 108, sec 3 (2) (b); GG No 19 of 10.2.1984, p 625; GG No 58 of 19.4.1984, p 2155; 1986 No 218, Sch 47; 1988 No 13, Sch 1; 1988 No 92, Sch 20; 1989 No 104, Sch 1 (3); 1991 No 3, sec 5 (b); 1991 No 18, sec 4; 1992 No 15, Sch 4; 1993 No 39, Sch 2; 1997 No 49, Sch 3.5; 2010 No 54, Sch 3.14 \\[2\\]; 2011 No 72, Sch 5.11; 2013 No 95, Sch 5.12; 2022 No 36, Sch 3.5\\[1\\] \\[2\\].","sortOrder":79},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Excluded offices","content":"# Schedule 4 Excluded offices\n\nSchedule 4 Excluded offices\n\n(Section 5)\n\nStatutory and Other Offices Remuneration Tribunal  \nParliamentary Remuneration Tribunal  \nMinister of the Crown  \nMember of the Executive Council  \nAn office for the time being specified in Schedule 1 to the [Parliamentary Remuneration Tribunal Act 1975](/view/pdf/asmade/act-1975-25)  \nChief Judge of the District Court  \nCommissioner or Assistant Commissioner of the Independent Commission Against Corruption  \nDeputy President of the Industrial Relations Commission, being a judicial member\n\n**sch 4:** Am 1980 No 47, sec 3 (c); 1984 No 93, Sch 1, Pt 1; 1986 No 206, Sch 6 (3); 1988 No 35, sec 119; 1991 No 34, Sch 3; 1995 No 21, Sch 2; 1996 No 17, Sch 5; 2002 No 23, Sch 1.9 \\[2\\]; 2016 No 48, Sch 2.32 \\[3\\]; 2023 No 41, Sch 2.30\\[3\\].","sortOrder":82},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedule 5 (Repealed)\n\n**sch 5:** Am 1976 No 4, sec 29 (3) (4); 1978 No 54, Sch 1; 1978 No 154, sec 3 (b); 1979 No 78, Sch 1; 1979 No 89, Sch 5; 1979 No 208, Sch 4, Pt 1; 1980 No 47, sec 3 (d), 1980 No 103, Sch 7; 1981 No 80, Sch 3; 1981 No 90, Sch 1; 1982 No 121, Sch 3; 1982 No 135, Sch 1; 1982 No 148, Sch 1; 1987 No 70, Sch 5; 1987 No 143, Sch 1. Rep 1999 No 85, Sch 4.","sortOrder":83},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 6 Savings, transitional and other provisions\n\nSchedule 6 Savings, transitional and other provisions\n\n(Section 30)\n\n**sch 6:** Subst 2001 No 97, Sch 1 \\[7\\]. Am 2003 No 66, Sch 2 \\[2\\] \\[3\\] (am 2009 No 56, Sch 2.6); 2008 No 114, Sch 1.23 \\[6\\]–\\[8\\]; 2013 No 29, Sch 1 \\[3\\] \\[4\\]; 2023 No 8, Sch 1\\[2\\].","sortOrder":84},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provision consequent on enactment of Statutory and Other Offices Remuneration Amendment (Judicial and Other Office Holders) Act 2013","content":"# Part 5 Provision consequent on enactment of Statutory and Other Offices Remuneration Amendment (Judicial and Other Office Holders) Act 2013\n\nPart 5 Provision consequent on enactment of [Statutory and Other Offices Remuneration Amendment (Judicial and Other Office Holders) Act 2013](/view/html/repealed/current/act-2013-029)","sortOrder":93},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provision consequent on enactment of Statutory and Other Offices Remuneration Amendment Act 2023","content":"# Part 6 Provision consequent on enactment of Statutory and Other Offices Remuneration Amendment Act 2023\n\nPart 6 Provision consequent on enactment of [Statutory and Other Offices Remuneration Amendment Act 2023](/view/pdf/asmade/act-2023-8)","sortOrder":95}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded well beyond its original 1975 purpose of creating a tribunal to set remuneration for a narrow list of statutory and judicial offices. Subsequent amendments added comprehensive regimes for executive remuneration packages (Part 3A in 1989) and then for Public Service and other senior executives under modern employment legislation (Part 3B in 2013), together with mandatory compliance with declared government wage policies (ss 6AA and 6AB). Schedules have grown from a handful of offices to dozens across multiple categories, and the Act now interfaces with broad public sector reform statutes."},"complexity_factors":["Multiple substantive Parts (3, 3A, 3B) with distinct rules for different categories of office holders, each with their own determination processes","Extensive cross-references to other legislation including the Government Sector Employment Act 2013, Industrial Relations Act 1996, Judicial Officers Act 1986 and numerous repealed or amended Acts","Four detailed Schedules listing specific public offices, with Part/Column distinctions and conditions on who qualifies for remuneration","Nested provisions on determinations (annual under s 13, special under ss 14-15A, initial under ss 24B/24N), inquiries (s 17, s 24G, s 24S), reports, publication, operation and disallowance (ss 19-20, 24H-24V)","Layers of exceptions, savings, transitional rules in Schedule 6 and definitions that apply differently across Parts (e.g. 'remuneration', 'allowance', 'wages decision')","Conditional logic for when determinations apply, restrictions on reductions (s 21), salary sacrifice elections (ss 11A-11C) and government policy overrides (ss 6AA-6AB)"],"plain_english_summary":"**The Statutory and Other Offices Remuneration Act 1975** creates an independent tribunal that decides the pay (salary and allowances) for judges, senior public servants, tribunal members, and other key public roles listed in its schedules.\n\nIt requires the tribunal to review and set this pay each year (usually from 1 July), and also allows for special reviews when the government asks or when wage decisions change elsewhere in the public sector. The tribunal must follow declared government policies on pay for public sector workers, but cannot cut the pay of certain high offices (like judges) below current levels.\n\nOffice holders get their pay from the government budget (Consolidated Fund for some). The law also lets some officials trade part of their salary for benefits like a work car or extra superannuation. Reports on all decisions must be published in the government gazette and tabled in Parliament, which can vote to block them.\n\nThis matters because it aims to balance independent, fair pay-setting for important public positions with government control over public spending, while preventing political interference in judicial salaries."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The frequency of amendments — over 80 versions since 2000 — strongly indicates that the scope of the Act has expanded significantly from its original 1975 form. It is common for such Acts to be progressively amended to add new statutory offices as new government bodies are created, and to adjust conditions as public sector remuneration policy evolves. The Act now almost certainly covers a broader range of offices and positions than originally contemplated when it was first enacted."},"complexity_factors":["The substantive text of the Act itself is not provided — only metadata and version history — limiting full analysis of its operative provisions","The Act has been amended over 80 times since 2000 alone, creating a layered legislative history that is difficult to track without comparison tools","The Act interacts with multiple other pieces of legislation (e.g., Acts governing specific statutory offices) to determine its scope and application","Dual ministerial responsibility (Premier and Special Minister of State) adds administrative complexity","The concept of 'statutory offices' is not self-defining — identifying which roles are covered requires cross-referencing many other Acts","The framework separates the legal authority to pay from the actual determination of amounts, requiring knowledge of related tribunal or determination processes to understand the full picture"],"plain_english_summary":"## Statutory and Other Offices Remuneration Act 1975 (NSW)\n\n**What is this law?**\n\nThis is a New South Wales law that sets up the framework for determining the **pay and conditions** of people who hold certain government positions — specifically judges, tribunal members, senior public officials, and other holders of statutory offices (meaning roles created by law, like the head of a government body or a commissioner).\n\n**Who does it affect?**\n\nThis law directly affects:\n- **Holders of statutory offices** — people appointed to specific government roles created by legislation (e.g. the Auditor-General, the Ombudsman, heads of independent commissions)\n- **Members of tribunals and boards** — people who sit on official government decision-making bodies\n- **Indirectly, NSW taxpayers** — as it determines how public money is spent on senior government officeholders\n\nOrdinary workers and private sector employees are **not** affected.\n\n**Why does it matter?**\n\nWithout a law like this, there would be no consistent, independent process for setting pay for senior government positions. This Act creates a system to:\n1. Ensure pay decisions are made at arm's length from politics (i.e., not just decided by politicians to benefit themselves or their appointees)\n2. Create transparency and consistency in how senior public servants are paid\n3. Provide a legal basis for paying people who hold these roles\n\n**Key things to know:**\n- This is a **NSW-only** law (not federal)\n- It has been amended **extremely frequently** since 1975 — more than 80 times — reflecting ongoing changes to which offices are covered and what they're paid\n- It is overseen by both the **Premier** and the **Special Minister of State**\n- The actual salary amounts are not fixed in the Act itself — they are typically set by a separate tribunal or determination process, with this Act providing the legal framework\n\n**Bottom line:** If you hold (or are applying for) a senior statutory office in NSW, this law is the foundation that governs your pay. If you're a member of the public, it's the mechanism that's supposed to keep senior public official salaries independently set and publicly accountable."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded and structured since its original form by additions that create separate regimes for executive and senior executive office holders (Part 3A ss 24A–24L; Part 3B ss 24M–24X) and by provisions enabling regulations to declare government policy that the Tribunal must give effect to (ss 6AA, 6AB). The Act also strengthens administrative finality of determinations by restricting judicial review (s 20(5)) while preserving parliamentary disallowance (s 19A). Governor/Minister powers to amend Schedules (s 5) and to direct Tribunal inquiries or matters to consider (ss 14; 24E; 24Q) further change how the Tribunal’s remit can be adjusted over time. These changes are apparent in the inserted sections and Parts identified above and in the transitional provisions recorded in Schedule 6 and the later Part 6 provisions."},"complexity_factors":["Multiple Parts and Schedules with different rules for distinct classes of office holders (Parts 3, 3A, 3B and Schedules 1–3)","Interplay between annual determinations, special determinations (Minister directions, wages decisions) and transitional provisions (ss 13–15A, 14, 23B, Schedule 6)","Statutory hooks allowing regulations to declare government policy that the Tribunal must give effect to (ss 6AA, 6AB) and Governor power to amend Schedules (s 5)","Non‑justiciability of determinations (s 20(5) and equivalents in Parts 3A/3B) combined with parliamentary disallowance (s 19A) — administrative and political remedies rather than judicial ones","Layered administrative roles and appointments (Tribunal, deputy, assessors, Minister, Governor, Public Service assistance) with delegation and fee arrangements (ss 6, 6A, 7, 9, 10)","Salary‑sacrifice and employment‑benefit election mechanics linked to Ministerial approval and precise cost‑reduction rules (ss 11A–11C)","Numerous cross‑references to external statutes and wage decision processes (e.g. Industrial Relations Act and government sector employment Acts) increasing interpretive complexity (ss 10A, 15A, 23A)"],"plain_english_summary":"### What this law does, in plain English\n\n- Sets up a single decision‑maker called the Statutory and Other Offices Remuneration Tribunal (the Tribunal) and gives it responsibility for fixing pay and certain employment benefits for many specified public offices (see s 6; Part 3 and Schedules 1–3).\n\n- Requires the Tribunal to make an annual pay determination that takes effect from 1 July each year and allows for additional \"special\" determinations when the Minister directs or when industrial wages decisions need to be applied (ss 13, 14, 15, 15A). The Tribunal must report its determinations to the Minister and those reports are published and tabled in Parliament (ss 18–19).\n\n- Distinguishes classes of office holders and treatment:\n  - Judicial and other offices listed in Schedule 1 have protection against reductions in pay by Tribunal determinations (s 21).\n  - Other offices listed in Schedules 2 and 3 are subject to determinations that can apply differently between people holding the same office (s 16(6)).\n  - Executive / senior executive offices are treated in separate Parts (3A and 3B) with their own determination and consultation rules (Parts 3A and 3B: ss 24A–24L; 24M–24X).\n\n- Allows certain employment benefits and salary‑sacrifice arrangements for office holders (motor vehicles, superannuation, living away from home allowances) subject to the office holder electing, Ministerial approval, and reduction of salary by the cost of the benefit (ss 11A, 11B, 11C).\n\n- Establishes administrative arrangements for the Tribunal: appointment and term (s 6), a deputy (s 6A), two assessors who advise the Tribunal (s 7), public service staff must be made available to assist the Tribunal (s 10), and the Minister may pay fees and allowances (s 9).\n\n- Gives the Governor power to amend the Schedules by regulation and to make other regulations needed to operate the Act (s 5, s 25). The Tribunal may also be required to give effect to government policy about executive remuneration if the regulations declare that policy to apply (ss 6AA, 6AB).\n\n- Makes determinations final in practice: determinations are protected from being quashed or challenged in court (s 20(5); corresponding clauses in Parts 3A/3B), although Parliament may disallow a determination under a parliamentary resolution process (s 19A).\n\n\nWho is affected and who pays\n\n- A defined set of office holders named in Schedules 1–3 are directly affected: their salaries, allowances and some employment benefits are fixed under Tribunal determinations (see s 11 and Schedules 1–3).\n\n- Pay for offices specified in Schedule 1 is paid from the Consolidated Fund (s 11(3)). For other offices the Act allows the Minister to fix pay where a Tribunal determination has not yet been made (s 23; Parts 3A/3B analogous provisions s 24L, s 24X). Administrative costs (Tribunal fees, staff assistance) are arranged by the Minister and the Public Service (ss 9, 10).\n\n\nHow the mechanics change behaviour and decision‑making (incentives, discretion and trade‑offs)\n\n- Centralises pay decisions in the Tribunal which must perform annual reviews and can be directed by Ministers to make special determinations (ss 6, 13, 14). That concentrates the formal decision power in a single statutory body while preserving ministerial directions as a lever.\n\n- The Tribunal must consider submissions and may hold informal inquiries (s 17; Parts 3A/3B ss 24G, 24S). That creates an administrative process for evidence and stakeholder input but does not require formal court‑style procedures (s 17(3)(d)–(e)).\n\n- Regulations can require the Tribunal to give effect to declared government policy on executive remuneration (ss 6AA, 6AB). Mechanically, this enables the executive (through regulations) to bind the Tribunal to particular policy criteria; the Act explicitly permits such regulations to adopt external documents (ss 6AA(3), 6AB(3)). The trade‑off is between predictable government policy alignment and reduced Tribunal independence to set remuneration purely on its own assessment.\n\n- Ministerial directions and regulation powers allow the executive to shape the Tribunal's remit (s 14; ss 24D–24E; s 5; s 25). That increases ministerial influence over timing and matters to be considered for determinations.\n\n- Determinations are protected from judicial review (s 20(5) and analogous provisions in Parts 3A/3B), so legal challenge is limited; Parliament retains a political check via disallowance (s 19A). The practical effect is that disputes over pay outcomes are resolved administratively or politically rather than through courts.\n\n\nCompliance burden and administrative costs\n\n- Tribunal processes require staff assistance (s 10) and payment of fees/allowances to the Tribunal and assessors (s 9). The Minister approves fees and may delegate functions under some salary‑sacrifice provisions (ss 11B(4A), 11C(4A)).\n\n- Office holders who wish to receive employment benefits under the salary‑sacrifice provisions must make an election and obtain Ministerial approval; their salary is then reduced by the measured cost of the benefit (ss 11A(3), 11B(3), 11C(3)). That imposes administrative steps on both office holders and the Minister’s office.\n\n\nConcentrated benefits, diffuse costs and other practical points\n\n- Benefits are concentrated: a defined list of offices in Schedules 1–3 receive remuneration set under this Act (Schedules 1–3). Those named positions directly gain from Tribunal determinations.\n\n- Costs are diffuse: remuneration paid from public funds (explicitly the Consolidated Fund for Schedule 1 offices, s 11(3)) spreads fiscal cost across the State.\n\n- The Act creates several substitution effects: (a) Ministerial directions and regulations can change the criteria or timing of adjustments (ss 14, 6AA, 6AB); (b) the Tribunal may apply industrial wages decisions to these office holders so Tribunal pay can track broader wage movements (s 15, s 15A, s 16(2), s 23A).\n\n\nImplementation risks and discretion\n\n- Governor and Minister have multiple powers to amend Schedules and make regulations (s 5; s 25) and to direct the Tribunal (ss 14; 24E; 24P). Those powers are clear mechanisms for changing who is covered and what policy the Tribunal must apply.\n\n- The Tribunal’s discretion to make inquiries and accept submissions is broad but determinations are insulated from judicial review (s 17; s 20(5); ss 24J(4), 24V(4)), shifting resolution of disagreements to political or administrative routes (s 19A parliamentary disallowance).\n\n\nKey statutory citations (representative): s 6 (Tribunal), ss 13–20 (annual, special determinations; operation and publication), s 11 (payment and fund source), s 21 (protection for Schedule 1 offices), ss 11A–11C (employment benefits), ss 6AA–6AB (regulation to give effect to declared government policy), s 5 (Governor may amend Schedules), s 9–10 (fees, assistance), s 19A (parliamentary disallowance), s 20(5) (no judicial challenge), Schedules 1–3 (list of offices)."}},"importantCases":[],"_links":{"self":"/api/acts/statutory-and-other-offices-remuneration-act-1975","history":"/api/acts/statutory-and-other-offices-remuneration-act-1975/history","analysis":"/api/acts/statutory-and-other-offices-remuneration-act-1975/analysis","conflicts":"/api/acts/statutory-and-other-offices-remuneration-act-1975/conflicts","importantCases":"/api/acts/statutory-and-other-offices-remuneration-act-1975/important-cases","documents":"/api/acts/statutory-and-other-offices-remuneration-act-1975/documents"}}