This Act revolves around a small set of recurring statutory concepts that define the Tribunal’s remit, constraints and interface with government finance and employment structures. The principal concepts, and where they appear in the text, are:

• Tribunal constitution and membership: The Tribunal is established as a three‑member body appointed by the Governor (s 5(1)-(3)). Members hold office for periods up to three years (s 5(3)), are eligible for reappointment, and the Governor appoints the Chairperson (s 5(8)). Members cannot be persons whose remuneration the Tribunal determines or reports on while holding office (s 5(7)), although validation provisions (s 12B) treat s 5(7) as having had no effect during a particular past period.

• Remuneration and entitlements as objects of inquiry: The Tribunal’s core task is to inquire into and determine remuneration and entitlements for an enumerated range of offices (s 6(1)) and related roles added or expanded elsewhere (ss 5A, 7, 7A, 7B, 7BAA, 7C-7E). The Act defines “remuneration” broadly to include salary, allowances, fees, emoluments and benefits (s 4(1)).

• Payment mechanics: Determinations take effect on dates specified in the determination (s 5A(4), s 6(2)(c)), must be in writing and signed (s 5A(4), 6(2)(a)-(b)), are published in the Government Gazette (s 5A(7), 6(3)), and remuneration payable under determinations is to be paid out of the Consolidated Account notwithstanding other law (ss 5A(8), 6(4)). Where the creating law of an office specifies another source of funds, payment can be made from that source (s 6(4)).

• Annual rhythm and frequency: The Tribunal must ensure not more than a year elapses between determinations or reports for many of the specified functions (s 8(1)), while for some categories (directors of Government entities under s 7D and allowances under s 7E) the maximum interval is four years (s 8(1)(f)-(g)).

• Investigatory powers and procedure: The Tribunal may use informal procedures, receive oral or written evidence, is not bound by rules of evidence (s 10(1)), and has the powers, rights and privileges of a Royal Commission under the Royal Commissions Act 1968 for the purposes of its functions (s 10(2)). The Minister may appoint persons to assist the Tribunal, and specified offices (President/Speaker, Public Sector Commissioner, local government department CEO, chief executive of department assisting Financial Management Act) may nominate persons to assist (s 10(3)-(4)).

• Interaction with government fiscal statements and wages policy: The Tribunal is required to take into consideration the Public Sector Wages Policy Statement and the State’s fiscal strategy as set out in the Government Financial Strategy Statement and the most recent Government Financial Projections Statement when making determinations for certain classes of offices (s 10A(2)).

• Temporal constraints on increases: Division 4 (ss 10B-10G) places express limits on the Tribunal’s ability to increase remuneration for the Governor (s 10C), offices under s 6 (s 10D), judicial remuneration (s 10E), and certain executive officers of Government entities (s 10F) before 1 July 2021. Section 10G prohibits post‑1 July 2021 determinations that seek to compensate for increases prevented by those sections or to take into account cost‑of‑living increases during the restricted period.

• Forfeiture and eligibility for former office entitlements: Section 6C defines “former office entitlement” and disqualifies persons from receiving those entitlements where they are sentenced to imprisonment for 12 months or more, or convicted of a Schedule 1 offence committed while holding public office (s 6C(3)). Section 6C also permits courts to declare an offence to be a Schedule 1 offence for the purposes of the section where the court considers the offence’s relevance to holding public office and its gravity (s 6C(2)).

• Schedule 2 entities and executive officers: The Act identifies specific Government Trading Enterprises, wholly‑owned subsidiaries and other statutory corporations in Schedule 2, and defines which executive officer and director roles for those entities fall within the Tribunal’s determination powers (s 7C(1), 7D(1), Schedule 2).

These concepts determine who the Tribunal can bind by determinations (and the payment source), the Tribunal’s procedural autonomy and investigatory reach, and the financial constraints the Tribunal must account for, including express statutory limits and obligations to consider government fiscal positions.

The Act’s scope touches a broad set of actors in the State’s public sector, elected offices and certain statutory corporations. Who pays, who decides and whose contractual or status rights are altered by the statute are set out below, with section references.

Primary decision-makers and administrators:

• The Tribunal itself (established s 5), which decides remuneration and entitlements subject to the Act’s procedural and substantive constraints.
• The Governor (appointment power for Tribunal members and the Chairperson, s 5(2), (8); determines fees and allowances for Tribunal members, s 5(6); makes regulations under s 12).
• The Premier, who must request the Tribunal to determine the Governor’s remuneration before appointment to that office (s 5A(1), (2)).

Directly affected office-holders (who may have their remuneration, allowances or entitlements determined or reported on by the Tribunal):

• The Governor (s 5A).
• Ministers of the Crown and Parliamentary Secretaries (s 6(1)(a)-(ab)).
• Officers and members of Parliament, including certain additional remuneration for committee membership and parliamentary officers specified in s 6(1)(b)-(c); the Act sets special rules on transition and entitlement timing for members elected at general elections (s 6(5a), (5b)).
• Clerk and Deputy Clerks of both Houses (s 6(1)(c)).
• Officers of the Public Service holding offices in the Special Division (s 6(1)(d)).
• University council and senate members specified in s 6(1)(ea).
• Former Premiers, Ministers and members whose entitlements are governed by the Tribunal’s determinations (s 6B), and former office entitlements subject to forfeiture rules (s 6C).
• Judges, District Court judges, masters, magistrates and the Parliamentary Inspector of the Corruption and Crime Commission for whom the Tribunal reports on judicial salaries (s 7).
• Local government chief executive officers (s 7A), elected council members (s 7B), and members of local government committees (s 7BAA) whose fees, expenses and allowances the Tribunal determines.
• Executive officers and directors of entities specified in Schedule 2, including GTEs and listed statutory corporations, for whom the Tribunal must determine minimum and maximum remuneration (ss 7C, 7D; Schedule 2).
• Audit and risk committee members who are also directors of GTEs, for whom the Tribunal determines a uniform allowance (s 7E).

Other State bodies and actors affected in practice:

• The Treasurer, who pays moneys under arrangements for members’ travel and who charges spending to the Consolidated Account (s 11A); payments under Tribunal determinations are charged to the Consolidated Account (ss 5A(8), 6(4)).
• The Minister and public sector agencies, who may be required to provide assistance, nominate advisers or submit to inquiries (s 10(3)-(4), s 10A(2)(b)(iii)).
• Courts and those involved in criminal proceedings where conviction while in public office may disqualify entitlement to former office benefits; s 6C(2) specifically gives courts power to designate an offence as a Schedule 1 offence for the section’s purposes.

Third‑party suppliers and advisers:

• Persons appointed to assist the Tribunal under s 10(3)-(4) and paid fees by the Governor under s 11 will be directly engaged. The Governor determines those fees and allowances (s 11).

Groups with limited or conditional impacts:

• A person is excluded from being appointed as a Tribunal member if the person’s own remuneration is determined or reported upon by the Tribunal (s 5(7)). That rule, and its retrospective validation consequences, materially affects who can serve as a member (see s 12B).

Diffuse impacted groups:

• Public sector employees, local government elected members and directors of Government entities are affected indirectly through the Tribunal’s determinations that set remuneration bands or fee ranges (ss 7C, 7D, 7B, 7BAA).

Who pays and financial impact:

• The Consolidated Account is the primary payment source for remuneration determined under the Act except where a creating instrument expressly provides another source (s 6(4); s 5A(8)). The Treasurer is expressly empowered to make travel arrangements and pay fares and related expenses subject to conditions (s 11A), which affects State budget outlays.

Who decides and how behaviour changes:

• The Tribunal’s determinations change pay, allowances and entitlements, which in turn affect hiring, retention and cost structures for affected offices. The Tribunal must consider fiscal statements and wages policy (s 10A(2)), which steers determinations in relation to broader fiscal strategy and may constrain private negotiation or agency discretion over pay where the Tribunal’s determinations displace other remuneration-setting mechanisms (s 6(4), 7C(2)-(3)).

Collectively, the Act centralises and formalises remuneration settings for a broad set of public actors, conditions payment on determinations and Executive nominations, and interfaces directly with the State’s consolidated budget and public sector wage policy.

The Act creates specific statutory duties for the Tribunal, obligations on Ministers and other officials, and rights (including entitlements) for office-holders subject to determinations. These duties and rights are concrete and procedural; they also impose payment and publication obligations that change the legal relationships between office‑holders and the State.

Tribunal duties and powers:

• Inquiry and determination/reporting duties: The Tribunal must inquire into and determine remuneration for the offices listed in s 6(1) and several standalone sections (ss 5A, 7A, 7B, 7BAA, 7C-7E). For judicial offices, the Tribunal must inquire and report to the Minister and furnish a written report signed by the members (s 7(1)-(2), (3)). The Tribunal is required to ensure frequency of determinations/reports as set out in s 8(1).
• Investigatory powers: The Tribunal may inform itself as it thinks fit, receive oral or written statements, not be bound by formal rules of evidence, and has Royal Commission powers under the Royal Commissions Act 1968 in relation to its functions (s 10(1)-(2)).
• Procedural duties: determinations and reports must be in writing, signed by members, and published in the Government Gazette (ss 5A(4), 6(2)-(3), 7(2)-(3)). Minutes of meetings must be kept (s 9(4)). The Tribunal must consider certain fiscal documents in specified determinations (s 10A(2)).

Ministerial and Executive duties:

• Premier’s duty to request: Before appointing a Governor, the Premier must request the Tribunal to inquire and determine the Governor’s remuneration (s 5A(1)-(2)). The Premier must also respond within 14 days to a determination, indicating agreement or disagreement and, if disagreeing, give grounds and recommended alterations; the Tribunal must then consider those recommendations (s 5A(5)-(6)).
• Ministerial notification and laying reports before Parliament: For judicial remuneration reports, the Minister must lay copies before each House within five sitting days of receipt (s 7(3)). Either House can disapprove a recommendation within 15 sitting days, which prevents it coming into operation or ceases its effect from the resolution date (s 7(5)).

Rights and entitlements of office-holders:

• Entitlements under determinations: Where the Tribunal sets remuneration, those amounts are payable notwithstanding other written laws and are charged to the Consolidated Account unless the office’s enabling law specifies another fund (s 6(4); s 5A(8)). This creates a statutory right to payment in accordance with the Tribunal’s determination once the determination is in operation.
• Continuity rules: Members of the Legislative Assembly who cease office due to dissolution are deemed to continue as members for the purposes of the Part until voting day, for entitlement continuity (s 6(5)). There are special rules limiting entitlement for persons affected by sections 36 or 37 of the Constitution Acts Amendment Act 1899, and for Legislative Council members in relation to new terms commencing on 22 May (s 6(5a)-(5b)).

Constraints and prohibitions affecting decision-making and entitlements:

• Prohibition on increases over specified period: The Tribunal is constrained from making determinations that increase certain remunerations above levels immediately before commencement day up to 1 July 2021 (ss 10C-10F), and is prohibited from making determinations on or after 1 July 2021 that function as catch‑up or give retrospective increases for costs of living between commencement day and 1 July 2021 (s 10G).
• Limitation on appointment of members: A person is not to be appointed as a Tribunal member if the Tribunal determines or reports upon that person’s remuneration (s 5(7)), subject to validation for a prior period (s 12B).
• Forfeiture of former office entitlements: A person is disqualified from receiving former office entitlements if sentenced to imprisonment for 12 months or more, or convicted of a Schedule 1 offence committed while holding public office (s 6C(3)-(4)). A court may designate an offence as a Schedule 1 offence for these purposes (s 6C(2)). Restoration is possible if conviction or sentence is quashed in prescribed ways (s 6C(5)).

Procedural rights:

• Representation and assistance: The Minister must appoint persons nominated by parliamentary presiding officers and public sector authorities to assist the Tribunal in specific inquiry areas (s 10(4)(a)-(d)). Parties making submissions to the Tribunal have the right to be considered, and the Tribunal must consider submissions from the State government as part of the fiscal considerations (s 10A(2)(b)(iii)).

Administrative rights and duties:

• Publication duties: The Tribunal must publish determinations in the Gazette (ss 5A(7), 6(3)), and the Minister must lay judicial reports before Parliament (s 7(3)).
• Payment and accounting duties: The Treasurer and the Consolidated Account are the payment mechanisms for moneys payable under determinations, and the Treasurer may make arrangements for travel and related payments under s 11A.

In short, the Act confers on the Tribunal the duty to set or report on remuneration subject to procedural requirements and fiscal constraints, creates statutory entitlement to pay under determinations, and imposes specified legal limits and forfeiture rules that alter rights to future former-office benefits.

This Act does not create standalone criminal offences or punitive fines for non‑compliance with the Tribunal’s determinations within its text; rather, enforcement and penalty implications arise mainly through cross-references to criminal offences and the operation of forfeiture of certain former office entitlements (s 6C), together with the Tribunal’s investigatory powers which import the Royal Commissions Act 1968 (s 10(2)). The enforcement framework in the Act is therefore a mix of civil/administrative implementation mechanics and criminal law reference points for forfeiture. Key enforcement mechanisms and penalty‑related provisions are:

Forfeiture tied to criminal conviction:

• Disqualification from former office entitlements: Section 6C(3) disqualifies a person from receiving former office entitlements where the person (a) is sentenced to imprisonment upon conviction for any offence for a term of 12 months or more, or (b) is convicted of a Schedule 1 offence committed while holding public office. The effect is administrative disqualification of entitlement payments otherwise determined under s 6B.
• Scope of Schedule 1 offences: Schedule 1 lists a defined set of offences, including multiple specific sections of The Criminal Code (for example ss 60, 61, 81, 82, 83, 85, 88, etc.) and offences under ss 24-27 of the Royal Commissions Act 1968 (Schedule 1, items 1-2). Section 6C(2) permits a court to determine that an offence not listed in Schedule 1 is to be treated as a Schedule 1 offence for the purposes of s 6C when the court convicts a person for an offence committed while holding public office, and the court considers that holding public office was relevant to the commission of the offence and that the offence’s gravity warrants it.
• Restoration of entitlements: Section 6C(5) provides restoration mechanics where a conviction is quashed, or a sentence is quashed without substitution of imprisonment (or replaced by imprisonment for less than 12 months such that the original disqualification no longer applies).

Tribunal investigatory powers and Royal Commissions Act interface:

• Powers, rights and privileges of a Royal Commission: Section 10(2) gives the Tribunal for its functions all powers, rights and privileges specified in the Royal Commissions Act 1968, as appertaining to a Royal Commission. That importation enables the Tribunal to compel evidence and witnesses, and exposes persons who fail to comply with summonses or commit certain acts in the course of an inquiry to the criminal offences specified in the Royal Commissions Act 1968. Schedule 1 expressly lists offences under the Royal Commissions Act 1968 (ss 24-27). Where the Tribunal exercises those powers, enforcement of subpoenas or witnesses’ obligations will rely on the Royal Commissions Act and criminal enforcement mechanisms in that Act.

Administrative enforcement via payment mechanisms:

• Payment and appropriation: The Act declares that remuneration payable under determinations is to be paid in accordance with the determination and charged to the Consolidated Account (s 6(4); s 5A(8)). That provision creates a direct administrative obligation on the Treasurer/budget processes to make such payments, which is an enforcement through appropriation and the public finance system rather than a penalty mechanism.

Parliamentary oversight:

• Parliamentary disallowance for judicial recommendations: For judicial salary recommendations (s 7), either House can pass a resolution disapproving a recommendation within specified timeframes, which prevents it coming into operation or ceases its effect from the resolution day (s 7(5)). This is a parliamentary check rather than a penal sanction.

Indirect enforcement via appointment eligibility:

• Appointment restriction for Tribunal membership: Section 5(7) prohibits appointment of persons whose remuneration is determined by the Tribunal to be members of the Tribunal. Although not a penalty provision, it operates as an eligibility constraint; Part 1C contains a validation provision (s 12B) that removes the retrospective effect of s 5(7) during a specified period, which addresses legal risk arising from appointments or resignations in that period (s 12B(2)-(9)).

Civil litigation interface:

• Validation and court proceedings: Section 12B(10) explicitly states that the validation provisions apply for the purposes of civil proceedings before courts (including appeals) relating to acts or omissions on or after 7 September 2021, and that those proceedings may be commenced on or after validation day or commenced but not completed before validation day. This indicates the Act contemplates judicial review and civil disputes touching on Tribunal appointments, actions or related State functions, and seeks to remove legal uncertainty for that validation period.

To summarise, enforcement in the Act is effected primarily by: (a) statutory disqualification of former office entitlements upon specified convictions (s 6C) with Schedule 1 defining relevant offences; (b) the Tribunal’s power to compel evidence via Royal Commissions Act powers (s 10(2)) with criminal sanctions under that Act; (c) administrative enforcement via appropriation and payment from the Consolidated Account (ss 5A(8), 6(4)); and (d) parliamentary checks on judicial remuneration recommendations (s 7(5)). The Act does not itself create discrete criminal penalties for non‑observance of Tribunal determinations beyond these mechanisms.

The Salaries and Allowances Act 1975 is heavily interwoven with other statutes. Those interactions shape the Tribunal’s jurisdictional boundaries, the funding and payment pathways, the investigatory powers available to it, and transitional and validation mechanics introduced by later amending Acts. The Act repeatedly cross‑references and imports material from other statutes; the interaction points in the text are the rules that practitioners should track.

Key statutory interfaces:

• Royal Commissions Act 1968: Section 10(2) gives the Tribunal the powers, rights and privileges that appertain to a Royal Commission under that Act. Practically this imports summons power, powers to compel witnesses and to require production of documents, and the criminal offences and penalties relating to failure to comply under the Royal Commissions Act. Schedule 1 also lists offences under the Royal Commissions Act (ss 24-27) as Schedule 1 offences for forfeiture purposes (Schedule 1 item 2).

• Consolidated Account and public finance statutes: Remuneration payable under determinations is charged to the Consolidated Account (s 6(4); s 5A(8)). This ties the Tribunal’s determinations to the State’s public finance framework and interacts with the Financial Management Act and the Treasurer’s budgeting and appropriation processes. Section 10(4)(d) specifically contemplates assistance from a person nominated by the chief executive officer of the department principally assisting the Minister in the administration of the Financial Management Act 2006.

• Government Financial Responsibility Act 2000 (and budget papers): Section 10A defines Government Financial Projections Statement by reference to that Act and requires the Tribunal, when making certain determinations, to take the Government Financial Projections Statement and Government Financial Strategy Statement into account (s 10A(1)-(2)). This formalises an interaction between Tribunal decision‑making and the State’s published fiscal strategy, embedding fiscal policy documents into the Tribunal’s considerations.

• Public Sector wages policy: The Tribunal must take a named Public Sector Wages Policy Statement into account (s 10A(1)-(2) and (2)(a)) when making determinations for specified offices, regardless of whether the policy directly applies to the person or office. That links Tribunal determinations with the Executive’s industrial‑wage policy settings.

• Judges’ Salaries and Pensions Act 1950 and District Court of Western Australia Act 1969: Section 7(1) is subject to s 5(1) and (1b) of the Judges’ Salaries and Pensions Act 1950 and s 12(3a) of the District Court Act, indicating the Tribunal’s role in judicial remuneration must sit consistently with those Acts’ provisions regulating judicial salaries and pensions.

• Constitution Acts Amendment Act 1899: Section 6(1)(ab) is subject to s 44A(4) and (5) of the Constitution Acts Amendment Act, and the Act refers to the appointment of Parliamentary Secretaries under s 44A(1). Section 4 defines “Minister of the Crown” by reference to principal executive offices liable to vacation on political grounds referred to in s 43 of that Act. These cross‑references align Tribunal determinations with constitutional office definitions and appointment rules.

• Parliamentary Superannuation Act 1970: Section 6A requires the Tribunal to determine matters that under that Act are to be determined by the Tribunal. Section 6AA deals with redundancy benefits and operates alongside the Parliamentary Superannuation Act (s 6AA(2) references s 28 of that Act).

• Local Government Act 1995: Sections 7B and 7BAA determine fees, expenses and allowances payable under the Local Government Act 1995 to elected council members and committee members. Section 10(4)(c) requires the Minister to appoint a person nominated by the chief executive of the department principally assisting the Minister in administration of the Local Government Act to assist the Tribunal for local government-related inquiries.

• Government Trading Enterprises Act 2023 and Gold Corporation Act 1987 et al: The definitions of GTE, Schedule 2 entities and references to GTEs (s 4(1); Schedule 2) show dependency on the Government Trading Enterprises Act 2023 and existing statutory corporates (Gold Corporation, Western Australian Treasury Corporation, RWWA, port authorities) for identifying which entities and which executive officer and director roles fall within the Tribunal’s purview (ss 7BA, 7C, 7D, Schedule 2). Section 7E expressly cross‑references the Government Trading Enterprises Act 2023 s 27(2).

• Electoral Act 1907: Section 6(5b) refers to declarations under s 156D of the Electoral Act 1907 when defining when certain newly elected Legislative Council members are entitled to remuneration; this sets election timing as relevant to entitlement.

• Acts amending this Act: The compilation table shows repeated amendments. Division 4 (ss 10B-10G) is a product of the Salaries and Allowances Amendment (Debt and Deficit Remediation) Act 2018 and imposes temporal constraints tied to fiscal policy. The Salaries and Allowances Amendment Act 2025 inserted transitional provisions (s 12A) and validation (s 12B), which directly affect how s 5(7) is treated for a prior validation period.

Practical implications of interactions:

• Determinations that the Tribunal makes will often be constrained by, and must expressly have regard to, fiscal statements and wages policy (s 10A). When determinations concern offices that themselves are governed by other statutes allocating remuneration powers (for example, entity governing bodies), the Act in some places displaces or limits those powers: s 10F(8)(a) provides that while s 10F applies a written law that provides for an entity’s governing body to set remuneration within the Tribunal’s ranges does not apply. This changes the internal governance of certain entities for the period the provisions apply.

• The Tribunal’s investigatory powers, by importing Royal Commissions Act powers, may overlap with criminal process and evidence, and raise compliance and privilege questions intersecting with criminal law and statutory secrecy or public sector employment statutes.

Careful navigation of these cross‑references is required in practice because determinations under this Act both draw on, and can displace, other statutory remuneration mechanisms and interact with fiscal and constitutional statutes.

The Act, originally enacted as the Salaries and Allowances Tribunal Act 1975, has a long amendment history recorded in the compilation table contained within the statute. The table lists the successive amending Acts, assent dates and commencements. The amendments have structurally broadened the Tribunal’s remit, introduced timing and fiscal constraints, and adjusted membership and procedural rules. Key amendment milestones visible in the provided text:

• 1975-1990s formative amendments: The Act has been amended multiple times during the late 1970s, 1980s and 1990s (for example, amendments by No. 63 of 1978, No. 33 of 1979, No. 34 of 1980, No. 78 of 1984, No. 38 of 1990) to refine membership, definitions and the Tribunal’s remit. The long title records amendments up to 1992.

• 1989 Acts Amendment (Remuneration of Governor) Act 1989: Added s 5A governing inquiry and determination of Governor remuneration (s 5A inserted No. 19 of 1989 s 9; amended subsequently). That inserted a formal pre‑appointment process where the Premier requests the Tribunal to determine Governor’s remuneration (s 5A(1)-(2)).

• 2000-2006 expansions: The Tribunal’s responsibilities were expanded to include duties under the Parliamentary Superannuation Act 1970 (s 6A inserted No. 37 of 2000 s 20) and redundancy benefits (s 6AA). The Act’s remit to report on judicial remuneration was retained and adjusted through the 2000s by amendments referencing judicial statutes (s 7 amendments).

• 2010s: The Public Sector Reform Act 2010 and related 2010-2016 amendments reworked investigatory assistance, classifications, and added Government entity-related provisions culminating in the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 which introduced Schedule 2 definitions and the Government entity regime (No. 46 of 2016). The 2018 Salaries and Allowances Amendment (Debt and Deficit Remediation) Act 2018 (No. 1 of 2018) created Division 4 (ss 10B-10G), imposing temporal constraints on increases up to 1 July 2021 and prohibiting compensatory determinations thereafter (s 10G).

• 2021-2024: The Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021 (s 96) and the Government Trading Enterprises Act 2023 (Pt 12 Div 7) further changed statutory relationships and definitions (GTE). The Local Government Amendment Act 2023 added s 7BAA (fees for committee members) and modified timing (came into effect 1 Jan 2024).

• 2025 amendments: The Salaries and Allowances Amendment Act 2025 (No. 3 of 2025) made multiple changes, including renaming “Chairman” to “Chairperson” and related transitional/validation provisions (Part 1B s 12A; Part 1C s 12B). Section 12A protects tenure of members appointed before the amendment day (s 12A(2)-(3)). Section 12B validates acts and appointments during a specified “validation period” defined as 7 September 2021 to the day before validation day, taking s 5(7) as having had no effect during that period (s 12B(2)). Section 12B contains broad validation language treating appointments, resignations and acts during the validation period as valid and effective as if s 5(7) had had no effect (s 12B(4)-(9)), and specifically applies to civil proceedings in defined ways (s 12B(10)).

Structural and functional changes from amendments:

• Expansion of remit to local government, committees and Government entities: ss 7A, 7B, 7BAA and Schedule 2 materially expand the Tribunal’s remunerative jurisdiction to local government CEOs, elected council members, committee members and executive officers/directors of specified Government entities. These changes shift certain remuneration determinations away from local or entity-level setting to centralised Tribunal oversight.

• Fiscal constraint insertion: The 2018 Debt and Deficit Remediation Act introduced explicit caps on increases and a prohibition on retrospective or catch-up adjustments (ss 10C-10G), reflecting a policy decision to constrain compensation growth during a budget remediation period.

• Validation and transitional mechanics: The 2025 Act’s validation provisions (s 12B) address legal uncertainty that arose from the operation of s 5(7) relative to earlier appointments and acts, and preserve the validity of appointments and decisions taken in the specified validation period.

The compilation table in the statute lists many discrete amending Acts with dates and commencement provisions. Practitioners must consult the compilation and reprint history (not reproduced in full here but included in the Act’s notes) for precise historical wording and commencement timelines relevant to any legal question tied to historical determinations or appointments.

The text of the Act itself does not list judicial decisions or named litigation arising under it. The statute does, however, create conditions that make litigation reasonably likely and provides express rules intended to affect litigation outcomes in certain circumstances:

• Validation for past period and civil proceedings: Section 12B is explicitly framed to remedy legal uncertainty for acts occurring during the “validation period” (7 September 2021 to the day before validation day). Section 12B(2) declares s 5(7) had no effect during that period and ss 12B(4)-(9) give retrospective legal effect to appointments, resignations and acts taken in that period. Section 12B(10) expressly provides that these validation provisions have effect for civil proceedings before a court (including appeals) that relate to acts or omissions on or after 7 September 2021 and that either commence on or after validation day or were commenced but not completed before validation day. That drafting indicates the Legislature anticipated litigation or ongoing suits touching on appointments or acts in that period and intended to remove grounds for challenge or to validate past acts.

• Court power to designate Schedule 1 offences: Section 6C(2) allows a convicting court to determine that an offence not listed in Schedule 1 is to be treated as a Schedule 1 offence for forfeiture purposes when the offense was committed while holding public office and the court deems holding office relevant to the commission and the gravity warrants it. This provision creates a post‑conviction judicial determination that has administrative consequence for entitlements and is a direct intersection of criminal adjudication and administrative forfeiture of benefits. Such interplay is likely to generate litigation around whether an offence meets the s 6C(2) threshold and practical consequences on entitlement.

• Parliamentary disallowance and potential judicial review overlaps: Section 7(5) gives Parliament the ability to disapprove judicial remuneration recommendations within 15 sitting days. Where a recommendation takes effect and a House later passes a resolution disapproving it, the recommendation ceases to have force for periods commencing on or after the resolution. That scheme could prompt disputes about the effective date of recommendations, procedural compliance in laying reports before Parliament (s 7(3)), or the interaction of parliamentary resolutions and determinations already in operation.

• Royal Commissions powers and compliance enforcement: The Tribunal’s importation of Royal Commissions Act powers (s 10(2)) may give rise to litigation connected with compelled production, privilege claims, or enforcement of summonses. The Royal Commissions Act contains criminal offences dealing with refusal to comply (listed in Schedule 1), and those prosecutions would be in the criminal courts but related to Tribunal inquiries.

• No specific cases named in the Act text: The statute contains no citations to case law and the provided compilation and notes list amendments but do not list any reported litigation about the Act. Practitioners looking for a litigation record must therefore look to external case law databases or court records for decisions invoking the Act, the 2018 constraints, or validation provisions.

In practical terms, the Act’s drafting recognises existing or potential disputes and addresses them in two ways: (1) by providing specific administrative or procedural channels (publication, submission, parliamentary oversight) that may reduce procedural litigation claims, and (2) by including validation and retrospective clauses (s 12B) to limit litigation risk concerning past appointments and acts. The Act also explicitly delegates to courts a remedial power under s 6C(2), which embeds judicial discretion into the forfeiture regime and, by design, makes forfeiture outcomes partly dependent on subsequent criminal adjudication.

The Act contains several provisions and interactions likely to surprise or trap practitioners unless carefully tracked. These are concrete legal mechanics, not policy judgments.

1. Disqualification on Tribunal membership and retrospective validation (s 5(7); s 12B)

• s 5(7) prohibits appointment of a person as a member if their remuneration is determined or reported upon by the Tribunal. However, s 12B(2)-(9) takes s 5(7) as having had no effect during the validation period (beginning 7 September 2021). The validation provisions (s 12B) broadly treat appointments, resignations and acts during that period as lawful and effective despite s 5(7). Practitioners must not assume s 5(7) is an absolute bar historically; validation has altered legal effect for a defined period and for subsequent civil proceedings (s 12B(10)). Check precise dates and whether the validation period applies to the act in question.

2. Tribunal’s Royal Commission powers carry criminal enforcement consequences (s 10(2); Schedule 1)

• Because the Tribunal has powers under the Royal Commissions Act 1968, failure to comply with a lawful Tribunal summons or obligation could expose persons to offences under that Act listed in Schedule 1. Users often assume Tribunal procedure is purely administrative; the Act explicitly imports coercive powers.

3. Payments “notwithstanding any other written law” but subject to source rules (ss 5A(8), 6(4))

• Determinations’ payment effect is broad , remuneration payable under determinations is to be paid notwithstanding other written law and charged to the Consolidated Account (s 6(4); 5A(8)). But s 6(4) adds that where a creating law provides for payment from another fund or source, payment is charged to that fund. That means the practical payer can vary depending on the statutory basis of the office; check the enabling statute for offices.

4. Temporal caps and prohibition on catch‑ups (ss 10C-10G)

• Division 4 (ss 10B-10G) imposes explicit ceilings on increases up to 1 July 2021 and bars “compensatory and catch‑up” determinations thereafter (s 10G). If a practitioner thinks a post‑2021 tribunal determination can include catch‑up for missed increases or include cost‑of‑living adjustments covering the restricted period, s 10G forbids that. Reliance on inflationary or retrospective uplift claims is therefore restricted by statute.

5. Parliament can disallow judicial recommendations within a tight sitting‑day window (s 7(5))

• The mechanism for parliamentary disapproval of judicial remuneration recommendations is time‑sensitive (15 sitting days), and a resolution prevents recommendations from coming into operation or strips effect prospectively (s 7(5)). Those political brakes are operational constraints on recommendations and may change timing strategies. Do not assume parliamentary inaction equals acceptance; count sitting days.

6. Differential periodicity of determinations (s 8)

• The Tribunal must ensure annual determinations for many functions, but for certain roles (directors of Government entities and audit & risk committee allowances) the interval may be up to four years (s 8(1)(f)-(g)). A user might expect all determinations to be annual; they are not uniformly so. Practitioners must check whether the required review frequency differs for the office in question.

7. Travel payment rules for members of Parliament (s 6(7); s 11A)

• s 6(7) restricts a member’s entitlement to travel fares unless approved by the Treasurer or under Treasurer arrangements (s 11A) and prevents double recovery under s 11A(2). This creates an approval gate and a separation between allowances determined by the Tribunal and Treasurer arrangements.

8. The Tribunal must have regard to fiscal documents even where the Public Sector Wages Policy Statement does not apply directly (s 10A(2)(a))

• The Tribunal is required to take the Public Sector Wages Policy Statement into account “irrespective of whether or not the statement applies to a person or office in respect of whom or which the determination is made” (s 10A(2)(a)). Even where a person is outside the policy’s direct scope, the Tribunal must consider it, which may limit scope for arguing a mismatch between the Tribunal’s determination and wages policy.

9. Entities listed in Schedule 2 are specific and not automatic (ss 7BA, 7C)

• The Act limits Government entity coverage to entities described in Column 1 of Schedule 2 and those not prescribed by regulation to be excluded (s 7BA). Additionally, regulations may prescribe kinds of remuneration to which certain Division 4 prohibitions do not apply (see s 10C(5), 10D(9), 10E(3), 10F(10)). Practitioners must inspect both Schedule 2 and any regulations.

10. Court’s discretionary designation of Schedule 1 offences (s 6C(2)) may extend forfeiture beyond the schedule

• Even if an offence is not listed in Schedule 1, a court may, upon conviction, designate it for s 6C purposes if holding public office was relevant and gravity warrants it. Forfeiture risk thus can extend beyond the static list in Schedule 1 and can hinge on judicial reasoning over relevance and gravity.

These are not abstract traps; they are statutory mechanics that alter eligibility to office, payment obligations, scope for retrospective remuneration, and litigation risk. Practitioners should cross‑check applicable commencement dates, the content of Schedule 2 and relevant regulations, and whether transitional/validation provisions apply to the facts at hand.

Compliance with the Act involves several discrete obligations for different actors , Tribunal members, the Premier, Ministers, the Treasurer, local government bodies, Government entities and persons subject to criminal or disciplinary processes. Below are concrete steps and checklists based on the statutory text.

For the Tribunal and its officers

• Ensure legally compliant determinations: Make determinations and reports in writing and have them signed by the members (ss 5A(4)(a)-(b); 6(2)(a)-(b); 7(2)(a)-(b)). Record the date on which the determination or report is to come into operation (s 5A(4)(c); 6(2)(c); 7(4)).
• Publish promptly: Cause the determination/report text to be published in the Government Gazette (ss 5A(7), 6(3)). Keep precise publication records for proof of operation.
• Maintain statutory frequency: Ensure not more than a year elapses between determinations/reports where required (s 8(1)-(1)(a)-(d)), and observe the four‑year maxima for certain categories (s 8(1)(f)-(g)).
• Follow investigatory procedure: If exercising coercive powers, comply with Royal Commissions Act procedures and ensure proper issuance of summonses and notices (s 10(2)). Maintain accurate minutes of meetings (s 9(4)).
• Quorum and resolution rules: Convene meetings with at least two members present for a quorum (s 9B). For decisions without a meeting, secure written resolutions and record them in minutes of the next meeting (s 9A(1), (3)).
• Consider fiscal statements where required: For determinations under s 6(1)(a), (ab), (d) or (e), 7C(2), 7D(2) or 7E(1), take into account any Public Sector Wages Policy Statement and specified Government fiscal documents (s 10A(2)).

For the Premier and Ministers

• Governor remuneration procedure: Before appointment to the Governor’s office, request the Tribunal to inquire and determine remuneration (s 5A(1)-(2)). If you receive a determination, respond within 14 days indicating agreement or disagreement and, if disagreeing, provide grounds and recommended changes (s 5A(5)). Consider the Tribunal’s duty to reconsider after receiving the Premier’s recommendations (s 5A(6)).
• Lay judicial reports: If the Tribunal furnishes a judicial remuneration report, ensure it is laid before each House within five sitting days of receipt (s 7(3)).
• Comply with nomination duties: Where statute requires nomination of an adviser or assistant to the Tribunal (s 10(4)(a)-(d)), provide timely written nominations to the Minister as appropriate.

For the Treasurer and finance officers

• Appropriation and payment: Pay remuneration determined by the Tribunal out of the Consolidated Account as directed (s 5A(8); s 6(4)). Where the enabling law for an office specifies a different fund, use that fund (s 6(4)).
• Travel arrangements for members of Parliament: If approving travel or making travel arrangements, ensure Treasurer approvals or arrangements comply with s 6(7) and s 11A(1)-(3). Prevent double recovery (s 6(8)) by ensuring Treasurer-approved payments are not also paid under s 11A arrangements.

For members of Parliament, local government officers and entity officers

• Know entitlement triggers and limits: Understand that remuneration and allowances will be as determined by the Tribunal and published in the Gazette, and will be payable by appropriation (ss 6(4), 5A(8)). For local government members and committee members, consult the Tribunal’s determinations under ss 7B and 7BAA for the applicable minimum/maximum bands and for the period between reviews (s 8(1)(d), (da)).
• Follow travel approval rules: Members of Parliament must ensure travel fares are paid only with Treasurer approval or under Treasurer arrangements; otherwise, fares are not payable by the State (s 6(7)).
• Monitor Parliament and election timing conditions: For newly elected Legislative Council members, be aware of the specific remuneration timing rules (s 6(5b)). For committee roles, verify whether the Tribunal has set band ranges (s 7BAA).

For Government entities and their governing bodies

• Expect Tribunal determination: If your entity is listed in Schedule 2, executive officers and directors are subject to the Tribunal’s determination of minimum and maximum remuneration (ss 7C, 7D, Schedule 2). Where an entity governing law provides for remuneration-setting by the governing body, check