Salaries and Allowances Tribunal Act 1975 (Western Australia)

This Act establishes and governs the Salaries and Allowances Tribunal, sets out who appoints and composes it, and defines its powers, functions and processes for determining or reporting on remuneration and related entitlements for a defined set of public offices. Mechanically, the Act:

Creates the Tribunal and fixes membership at three members appointed by the Governor, with one member appointed as Chairperson (s 5(1)-(3), (8)). It sets maximum appointment terms, reappointment eligibility and grounds for vacation of office such as bankruptcy, permanent incapacity or resignation (s 5(3)-(4)).
Requires the Tribunal to inquire into and determine remuneration for the Governor on formal request by the Premier, and prescribes a process of initial determination, Premier response within 14 days, and finalisation and Gazette publication (s 5A(1)-(7)). Remuneration for the Governor is charged to the Consolidated Account and, subject to any method of alteration specified in the determination, cannot be altered while the particular appointment subsists (s 5A(8)-(9)).
Requires the Tribunal to inquire into and determine remuneration for Ministers, Parliamentary Secretaries, officers and members of Parliament, certain senior public servants in the Special Division, specified university offices, and other prescribed full‑time offices (s 6(1)(a)-(e)). Determinations are written, signed and published in the Government Gazette and charged to the Consolidated Account unless another fund is specified by the enabling law (s 6(2)-(4)).
Provides for Tribunal roles in parliamentary superannuation matters, redundancy benefits for members of Parliament, entitlements for former Premiers, Ministers and members of Parliament, and forfeiture of former office entitlements where criminal conduct is involved (ss 6A, 6AA, 6B, 6C).

CrestWestern Australia

Salaries and Allowances Act 1975

Western Australia

Salaries and Allowances Act 1975

Contents

Part I — The Tribunal

Division 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

Division 2 — Tribunal established

Establishment of Tribunal 4

Division 3 — Inquiries, determinations and reports

5A. Inquiry into and determination of remuneration of Governor 5

Other inquiries into and determinations of remuneration 7

6A. Tribunal’s functions under Parliamentary Superannuation Act 1970 11

6AA. Redundancy benefits for members of Parliament 11

6B. Determinations relating to entitlements of former Premiers, Ministers and members of Parliament 12

6C. Forfeiture of former office entitlements 12

Inquiry into and report on judicial salaries 14

7A. Determinations as to remuneration of local government CEOs 15

7B. Determinations as to fees and allowances of local government councillors 16

7BAA. Determinations as to fees and allowances of members of local government committees 16

7BA. Term used: Government entity 17

7C. Determinations as to remuneration of executive officers of Government entities 17

7D. Determinations as to remuneration of directors of certain Government entities 18

7E. Determinations as to allowance for directors of certain GTEs: audit and risk committee members 18

Tribunal to report and make a determination annually 19
Meetings of Tribunal 20

9A. Resolution without meeting 21

9B. Quorum 22

Method of inquiry by Tribunal 22

10A. Tribunal to have regard to government financial matters 24

Division 4 — No remuneration increases before 1 July 2021

10B. Term used: commencement day 26

10C. No increases in Governor’s remuneration before 1 July 2021 26

10D. No increases in remuneration under s. 6 before 1 July 2021 27

10E. No increases in judicial remuneration before 1 July 2021 29

10F. No increases in remuneration of certain executive officers of Government entities before 1 July 2021 29

10G. Compensatory and catch-up determinations after 1 July 2021 prohibited 31

Division 5 — Miscellaneous

Fees and allowances 32

Part IA — General

11A. Arrangements for payment of travelling expenses by Treasurer 33

Regulations 34

Part 1B — Transitional provisions

12A. Transitional provisions for Salaries and Allowances Amendment Act 2025 35

Part 1C — Validation

12B. Validation provisions relating to s. 5(7) 36

Schedule 1 — Offences

Schedule 2 — Entities that may be prescribed as Government entities and their executive officers

Notes

Compilation table 42

Uncommenced provisions table 47

Other notes 47

Defined terms

Western Australia

Salaries and Allowances Act 1975

An Act to establish a Tribunal to determine or report upon the remuneration to be paid or provided to the Governor and to holders of ministerial, parliamentary, judicial and certain other public offices, to determine certain matters relating to the superannuation of members of Parliament, to repeal the Parliamentary Salaries and Allowances Act 1967 1, to authorise the making of arrangements for the payment of certain travelling expenses, and for incidental and other purposes.

[Long title amended: No. 34 of 1980 s. 2; No. 58 of 1986 s. 14; No. 19 of 1989 s. 7; No. 68 of 1992 s. 4(3).]

Part I — The Tribunal

Division 1 — Preliminary

[Heading inserted: No. 1 of 2018 s. 4.]

1. Short title

This Act may be cited as the Salaries and Allowances Act 1975.

[Section 1 amended: No. 34 of 1980 s. 3.]

2. Commencement

(1) Subject to subsection (2) this Act shall come into operation on the date on which this Act receives the Royal Assent.

(2) Section 13 shall come into operation on the date on which the first determination made under section 6 comes into operation.

[3. Deleted: No. 58 of 1986 s. 15.]

4. Terms used

(1) In this Act, unless the contrary intention appears —

Chairperson means Chairperson of the Tribunal and includes a member appointed to act temporarily in place of the Chairperson under the Interpretation Act 1984 section 52;

GTE has the meaning given in the Government Trading Enterprises Act 2023 section 3(1);

member means a member of the Tribunal and includes a person appointed to act temporarily in place of a member under the Interpretation Act 1984 section 52;

Minister of the Crown means a person who holds any of the principal executive offices of the Government liable to be vacated on political grounds that are referred to in section 43 of the Constitution Acts Amendment Act 1899;

remuneration includes salary, allowances, fees, emoluments and benefits (whether in money or not);

section means section of this Act;

Tribunal means the Tribunal established by section 5.

(2) For the purposes of this Act a person is an officer of Parliament if the person is the holder for the time being of the office of —

(a) President of the Legislative Council;

(b) Speaker of the Legislative Assembly;

(d) Leader of the Opposition in the Legislative Council;

(e) Leader of the Opposition in the Legislative Assembly;

(f) Deputy Leader of the Opposition in the Legislative Assembly;

(g) Government Whip in the Legislative Council;

(h) Opposition Whip in the Legislative Council;

(i) Government Whip in the Legislative Assembly;

(j) Opposition Whip in the Legislative Assembly;

(k) the person who not being a Minister of the Crown is the leader in the Parliament of a party of at least 5 members of Parliament other than a party whose leader is the Premier or the Leader of the Opposition;

(l) the person who is the Whip in the Legislative Council or the Legislative Assembly of a party of at least 7 members other than a party whose leader is the Premier or the Leader of the Opposition and the first mentioned party in the case of the Whip in the Legislative Council has 7 members or more in that House or in the case of the Whip in the Legislative Assembly has 7 or more members in that House.

[Section 4 amended: No. 78 of 1984 s. 20; No. 34 of 1986 s. 4; No. 19 of 1989 s. 8; No. 38 of 1990 s. 7; No. 68 of 1992 s. 4(1) and (2); No. 56 of 2006 s. 6; No. 46 of 2016 s. 4; No. 13 of 2023 s. 248; No. 3 of 2025 s. 4.]

Division 2 — Tribunal established

[Heading inserted: No. 1 of 2018 s. 5.]

5. Establishment of Tribunal

(1) For the purposes of this Act there is hereby established a Tribunal to be known as the Salaries and Allowances Tribunal.

(2) The Tribunal shall consist of 3 members appointed by the Governor.

(3) Subject to this Act, a member —

(a) holds office for the period, not exceeding 3 years, specified in the member’s instrument of appointment; and

(b) is eligible for reappointment.

(4) If a member —

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) becomes permanently incapable of performing their duties as a member; or

the office of that member becomes vacant.

(6) A member shall be paid such fees and allowances as are determined from time to time by the Governor.

(7) A person shall not be appointed as a member if they are a person whose remuneration is determined or reported upon by the Tribunal under this Act.

(8) The Governor shall appoint one of the members to be the Chairperson of the Tribunal.

[Section 5 amended: No. 63 of 1978 s. 2; No. 42 of 1997 s. 8; No. 18 of 2009 s. 78; No. 3 of 2025 s. 5.]

Division 3 — Inquiries, determinations and reports

[Heading inserted: No. 1 of 2018 s. 6.]

5A. Inquiry into and determination of remuneration of Governor

(1) The Premier shall, before an appointment is made to the office of Governor, request the Tribunal to inquire into, and determine, the remuneration to be paid to the Governor.

(2) The Tribunal shall, on receiving a request made under subsection (1), comply with that request.

(3) The Tribunal may, in complying with a request made under subsection (1), in its determination specify a method of altering from time to time the remuneration payable to the Governor during the subsistence of the appointment referred to in that subsection.

(4) A determination made by the Tribunal under this section shall —

(a) be in writing; and

(b) be signed by the members; and

(c) come into operation, or be deemed to have come into operation, on the day on which the appointment referred to in subsection (1) is made.

(5) The Tribunal shall cause one copy of each determination made under this section to be given to the Premier who shall, not later than 14 days from the date on which the Premier receives the determination, inform the Tribunal that the Premier agrees or does not agree with that determination and, where the Premier does not agree, set out the grounds for the Premier’s disagreement and recommendations as to the alterations that the Premier believes should be made.

(6) The Tribunal, having considered the Premier’s recommendations following the Premier’s disagreement with the determination, shall either amend the determination or reaffirm the determination.

(7) The text of the determination as finally settled shall be published in the Gazette.

(8) Any remuneration payable under, or under any method of alteration specified in, any determination made under this section shall, notwithstanding any other written law, be paid in accordance with that determination out of the Consolidated Account, which is appropriated accordingly.

(9) The remuneration payable under a determination which has come into operation under this section in respect of a particular appointment to the office of Governor shall not, subject to any alteration effected under any method of alteration specified in that determination, be altered while that appointment subsists.

(10) Notwithstanding anything in this section, the Tribunal shall forthwith on the coming into operation of section 9 of the Acts Amendment (Remuneration of Governor) Act 1989 proceed to inquire into, and determine, the remuneration to be paid to the Governor and this section shall apply to and in relation to that determination as if that determination had been made in compliance with a request made under subsection (1).

[Section 5A inserted: No. 19 of 1989 s. 9; amended: No. 77 of 2006 s. 4; No. 3 of 2025 s. 6.]

6. Other inquiries into and determinations of remuneration

(1) The Tribunal shall, from time to time as provided by this Act, inquire into, and determine, the remuneration to be paid or provided to —

(a) Ministers of the Crown and the Parliamentary Secretary of the Cabinet; and

(ab) subject to section 44A(4) and (5) of the Constitution Acts Amendment Act 1899, a Parliamentary Secretary appointed under section 44A(1) of that Act; and

(b) officers and members of the Parliament including additional remuneration to be paid or provided to a member, other than an officer, of Parliament who is the Chairman, Deputy Chairman or a member of a standing committee of a House or a joint standing committee of both Houses; and

(d) officers of the Public Service holding offices included in the Special Division of the Public Service; and

(ea) a person holding any of the following offices —

(i) member of the Council of Curtin University;

(ii) member of the Kalgoorlie Campus Council of Curtin University;

(iii) member of the Council of Edith Cowan University;

(iv) member of the ECU South West Campus (Bunbury) Advisory Board of Edith Cowan University;

(v) member of the Advisory Board of the Academy of Edith Cowan University;

(vi) member of the Senate of Murdoch University;

(vii) member of the Senate of the University of Western Australia;

and

(e) a person holding any other office of a full‑time nature, created or established under a law of the State, that is prescribed for the purposes of this section, but not being an office the remuneration for which is determined by or under any industrial award or agreement made or in force under any other law of the State.

(2) A determination of the Tribunal —

(a) shall be in writing; and

(b) shall be signed by the members; and

(3) A copy of every determination made by the Tribunal, shall be published in the Government Gazette.

(4) Any remuneration which is payable pursuant to a determination shall, notwithstanding the provisions of any other law of the State, be paid in accordance with the determination and charged to the Consolidated Account, which is appropriated accordingly, or, where the law creating an office to which a determination applies provides for the remuneration of the holder of the office to be paid from some other fund or source, out of that fund or source.

(5) Except where the Tribunal otherwise determines, a member of the Legislative Assembly who ceases to be a member thereof by reason of the dissolution of that House or the expiry thereof by effluxion of time shall nevertheless be deemed for the purposes of this Part and the provisions of any determination to have continued to have been such a member until the day fixed for the taking of the poll next following the dissolution or expiry.

(5a) Notwithstanding any other provision of this Act or any determination, where a person elected as a member of Parliament is a person to whom section 36 or section 37 of the Constitution Acts Amendment Act 1899 applies, that person shall not be entitled to any remuneration as such a member in respect of any period for which they remain a person to whom that section applies.

(5b) Notwithstanding any other provision of this Act or any determination —

(a) a person elected as a member of the Legislative Council at a general election shall not be entitled to any remuneration as such a member in respect of any period before 22 May next following the general election unless that person was a member of the Legislative Council immediately before the general election or is declared elected under section 156D of the Electoral Act 1907 to complete the unexpired portion of a term of office ending on that 22 May; and

(b) where an election held as part of a general election for the Legislative Council fails wholly or partially or is declared to be absolutely void and an election held by reason of that failure or declaration (the fresh election) is held before 22 May next following the general election, a person elected as a member of the Legislative Council at the fresh election shall not be entitled to any remuneration as such a member in respect of any period before that 22 May unless that person was a member of the Legislative Council immediately before the fresh election or is declared elected under section 156D of the Electoral Act 1907 to complete the unexpired portion of a term of office ending on that 22 May.

(6) Notwithstanding any other provision of this Act, where any provision of a determination dealing with the payment of electorate allowances or other allowances to members of Parliament which vary according to the electoral district of a member becomes inapplicable, or, in the opinion of the Chairperson, inequitable as a consequence of a subsequent division of the State into electoral districts, the Chairperson may without further authority than this subsection alter the determination in that regard to such extent as the Chairperson thinks necessary for that purpose, and any variation of the determination shall be published in the Government Gazette.

(7) Where a member of Parliament (not being a Minister of the Crown, a Parliamentary Secretary appointed under section 44A(1) of the Constitution Acts Amendment Act 1899, or the Parliamentary Secretary of the Cabinet) travels in this State or elsewhere in order to perform any duty or function as a representative of the Government or of a Minister of the Crown —

(a) the member of Parliament is not entitled to have their fares for that travel paid by the State, or to receive reimbursement from the State in respect of those fares, unless that payment or reimbursement is made —

(i) with the written approval of the Treasurer; or

(ii) under arrangements made under section 11A(1);

(b) the member of Parliament is not entitled to receive any remuneration from the State in respect of accommodation or other expenses incurred in the course of or in connection with that travel other than an allowance payable in accordance with a determination made by the Tribunal.

(8) Where a payment or reimbursement in respect of the fares of a member of Parliament is made with the approval of the Treasurer as referred to in subsection (7)(a)(i), no payment or reimbursement shall be made in respect of those fares under arrangements made under section 11A(1), but that payment or reimbursement shall not be regarded as being in satisfaction of any part of the entitlements of the member under those arrangements.

[Section 6 amended: No. 33 of 1979 s. 2; No. 34 of 1980 s. 5; No. 78 of 1984 s. 21; No. 40 of 1987 s. 104; No. 38 of 1990 s. 8; No. 49 of 1991 s. 3; No. 68 of 1992 s. 4(3) and 5; No. 6 of 1993 s. 11; No. 1 of 1995 s. 37; No. 49 of 1996 s. 64; No. 36 of 2000 s. 57; No. 22 of 2001 s. 3; Gazette 15 Aug 2003 p. 3691; Act No. 1 of 2005 s. 10(2); No. 56 of 2006 s. 7; No. 77 of 2006 s. 4; No. 32 of 2016 s. 192; No. 20 of 2021 s. 96(2); No. 3 of 2025 s. 7.]

6A. Tribunal’s functions under Parliamentary Superannuation Act 1970

(1) The Tribunal shall from time to time, as it sees fit, inquire into and determine, for the purposes of the Parliamentary Superannuation Act 1970, any matter that under that Act is to be determined by the Tribunal.

(2) Section 6(2) and (3) apply to a determination under this section.

[Section 6A inserted: No. 37 of 2000 s. 20.]

6AA. Redundancy benefits for members of Parliament

(1) The Tribunal may inquire into and determine the entitlements and benefits to be paid or provided to a member of Parliament if the member ceases to be a member.

(2) The Tribunal shall make such an inquiry and determination if the Tribunal makes a determination under section 28 of the Parliamentary Superannuation Act 1970 that benefits shall not be payable until a former member attains an age specified by the Tribunal in its determination.

(3) Section 6(2) and (3) apply to a determination under this section.

(4) Any amount payable in accordance with a determination under this section shall be charged to the Consolidated Account which is appropriated accordingly.

[Section 6AA inserted: No. 37 of 2000 s. 20; amended: No. 77 of 2006 s. 4.]

6B. Determinations relating to entitlements of former Premiers, Ministers and members of Parliament

(1) The Tribunal shall from time to time, as it sees fit, inquire into and determine the entitlements and benefits to be paid or provided to former Premiers of the State, former Ministers of the Crown and former members of the Legislative Assembly or Legislative Council of the State.

(2) Section 6(2) and (3) apply in relation to a determination under this section.

(3) Any amount that is payable in accordance with a determination under this section shall be charged to the Consolidated Account which is appropriated accordingly.

[Section 6B inserted: No. 13 of 1987 s. 3; amended: No. 6 of 1993 s. 11; No. 73 of 1994 s. 4; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]

6C. Forfeiture of former office entitlements

(1) In this section —

former office entitlement means an entitlement or benefit that a person would be entitled to receive in accordance with a determination under section 6B if this section did not apply;

holding public office means being the Premier of the State, a Minister of the Crown, or a member of the Legislative Assembly or Legislative Council of the State;

Schedule 1 offence means an offence prescribed in Schedule 1 or an offence that, in a particular case, is determined under subsection (2) to be a Schedule 1 offence.

(2) A court convicting a person of an offence that the person committed while holding public office may, if it considers that the person’s holding public office was in any way relevant to the commission of the offence and the gravity of the offence warrants the determination, determine that, for the purposes of this section, the offence was a Schedule 1 offence even though it is not prescribed in Schedule 1.

(3) A person is disqualified from receiving any former office entitlement if —

(a) the person is sentenced to imprisonment upon conviction of any offence other than for a term of less than 12 months; or

(b) the person is convicted of a Schedule 1 offence that the person committed while holding public office.

(4) A former office entitlement is not to be paid or provided to a person who is disqualified under this section from receiving it except to the extent that the entitlement arose before the person was disqualified and related to a time before the person was disqualified or to anything done before the person was disqualified.

(5) The person ceases to be disqualified and the former office entitlement is restored with effect from the time when the person became disqualified if —

(a) the person’s conviction is quashed; or

(b) if the offence was not a Schedule 1 offence that the person committed while holding public office, the sentence is quashed —

(i) without substituting for it another sentence of imprisonment; or

(ii) substituting for it a sentence of imprisonment for a term ending less than 12 months after the person began serving the sentence quashed.

[Section 6C inserted: No. 45 of 1995 s. 4 2.]

7. Inquiry into and report on judicial salaries

(1) Subject to section 5(1) and (1b) of the Judges’ Salaries and Pensions Act 1950 and section 12(3a) of the District Court of Western Australia Act 1969, the Tribunal shall, from time to time as provided by this Act, inquire into, and report to the Minister on, the question whether any alterations are desirable in the remuneration to be paid or provided to judges, District Court judges, masters of the Supreme Court and magistrates and the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003, and if the Tribunal reports that any such alterations are desirable it shall, in its report, recommend the nature and extent of the alterations that should be made.

(2) The report of the Tribunal —

(a) shall be in writing; and

(b) shall be signed by the members; and

(3) A copy of every report made by the Tribunal under this section shall be laid before each House of Parliament within 5 sitting days of that House after the report is received by the Minister.

(4) Except as provided in subsection (5), a recommendation contained in a report made by the Tribunal under this section shall come into operation or shall be deemed to have come into operation on such date as is specified in the report of the Tribunal, and for that purpose the provisions of section 6(4) apply to and in relation to any remuneration recommended to be payable in such a report as if it were remuneration payable pursuant to a determination made under section 6.

(5) Subject to subsection (6) if either House of Parliament, within 15 sitting days of that House after a copy of a report has been laid before that House pursuant to subsection (3), passes a resolution disapproving a recommendation made by the Tribunal, then —

(a) if the recommendation has not yet come into operation — the recommendation shall not come into operation;

(b) if the recommendation has come into operation — the recommendation shall cease to have any force or effect in respect of any period commencing on or after the day on which the resolution is passed.

(6) For the purposes of applying the provisions of subsection (5) to the report made by the Tribunal and tabled in each House of Parliament on 16 October 1975, the reference in that subsection to “within 15 sitting days of that House after a copy of a report has been laid before that House” shall be construed as a reference to within 15 sitting days of that House after 7 November 1975.

[Section 7 amended: No. 89 of 1975 s. 3; No. 33 of 1979 s. 3; No. 34 of 1980 s. 6; No. 68 of 1992 s. 4(3) and 6; No. 14 of 1994 s. 20; No. 29 of 1996 s. 26; No. 23 of 1997 s. 19; No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2); No. 45 of 2004 s. 37; No. 8 of 2009 s. 114; No. 35 of 2014 s. 39.]

7A. Determinations as to remuneration of local government CEOs

(1) The Tribunal is to, from time to time as provided by this Act, inquire into and determine, the amount of remuneration, or the minimum and maximum amounts of remuneration, to be paid or provided to chief executive officers of local governments.

(2) Section 6(2) and (3) apply to a determination under this section.

[Section 7A inserted: No. 2 of 2012 s. 38.]

7B. Determinations as to fees and allowances of local government councillors

(1) In this section —

elected council member means a person elected under the Local Government Act 1995 as a member of the council of a local government.

(2) The Tribunal is to, from time to time as provided by this Act, inquire into and determine —

(a) the amount of fees, or the minimum and maximum amounts of fees, to be paid under the Local Government Act 1995 to elected council members for attendance at meetings; and

(b) the amount of expenses, or the minimum and maximum amounts of expenses, to be reimbursed under the Local Government Act 1995 to elected council members; and

(c) the amount of allowances, or the minimum and maximum amounts of allowances, to be paid under the Local Government Act 1995 to elected council members.

(3) Section 6(2) and (3) apply to a determination under this section.

[Section 7B inserted: No. 2 of 2012 s. 39.]

7BAA. Determinations as to fees and allowances of members of local government committees

(1) In this section —

committee member has the meaning given in the Local Government Act 1995 section 5.100(1).

(2) The Tribunal must, from time to time as provided by this Act, inquire into and determine —

(a) the amount of fees, or the minimum and maximum amounts of fees, to be paid under the Local Government Act 1995 to committee members for attendance at meetings; and

(b) the amount of expenses, or the minimum and maximum amounts of expenses, to be reimbursed under the Local Government Act 1995 to committee members.

(3) Section 6(2) and (3) apply to a determination under this section.

[Section 7BAA inserted: No. 11 of 2023 s. 105.]

7BA. Term used: Government entity

In sections 7C and 7D —

Government entity means an entity —

(a) that is described in column 1 of Schedule 2; and

(b) that is not prescribed by the regulations for the purposes of this paragraph.

[Section 7BA inserted: No. 13 of 2023 s. 249.]

7C. Determinations as to remuneration of executive officers of Government entities

(1) In this section —

executive officer, of an entity described in column 1 of Schedule 2, means a person whose office —

(a) is described in column 2 of Schedule 2 for the entity, other than as that of director of the entity; and

(b) is not prescribed by the regulations for the purposes of this paragraph;

(2) The Tribunal must, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to executive officers of Government entities.

(3) Section 6(2) and (3) apply to a determination under subsection (2).

(4) However, a person who holds an office described in column 2 of Schedule 2 for an entity immediately before the day on which the entity is described in column 1 of Schedule 2 must be treated, for the purposes of subsection (2), as if they were not an executive officer of the entity during the balance of the person’s term of office that remained immediately before that day.

[Section 7C inserted: No. 13 of 2023 s. 249.]

7D. Determinations as to remuneration of directors of certain Government entities

(1) In this section —

director, of an entity described in column 1 of Schedule 2, means a person whose office —

(a) is described in column 2 of Schedule 2 for the entity as that of director of the entity; and

(b) is not prescribed by the regulations for the purposes of this paragraph.

(2) The Tribunal must, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to directors of Government entities.

(3) Section 6(2) and (3) apply to a determination under subsection (2).

[Section 7D inserted: No. 13 of 2023 s. 249.]

7E. Determinations as to allowance for directors of certain GTEs: audit and risk committee members

(1) For the purposes of the Government Trading Enterprises Act 2023 section 27(2), the Tribunal must, from time to time as provided by this Act, inquire into and determine the allowance to be paid or provided to members of audit and risk management committees of GTEs who are also directors of the GTE concerned.

(2) The allowance must be the same for all such members for a particular GTE, other than for the chair of the committee.

(3) Section 6(2) and (3) apply to a determination under subsection (1).

[Section 7E inserted: No. 13 of 2023 s. 249.]

8. Tribunal to report and make a determination annually

(1) The Tribunal shall ensure that —

(a) not more than a year elapses between one determination under section 6(1) in respect of an office or other position referred to in that subsection and another; and

(b) not more than a year elapses between one report under section 7(1) and another; and

(d) not more than a year elapses between one determination under section 7B(2) and another; and

(da) not more than a year elapses between one determination under section 7BAA(2) and another; and

(e) not more than a year elapses between one determination under section 7C(2) and another; and

(f) not more than 4 years elapse between one determination under section 7D(2) and another; and

(g) not more than 4 years elapse between one determination under section 7E(1) and another.

(2) Despite subsection (1) —

(a) the Tribunal is not required to make an annual determination under section 6(1), or an annual report under section 7(1), before 1 July 2021; and

(b) the Tribunal must not make a determination under section 7C(2) that comes into operation while section 10F applies.

(3) Subsection (2)(a) does not prevent the Tribunal from making a determination or report referred to in that subsection if the Tribunal considers the circumstances require it.

[Section 8 inserted: No. 37 of 2000 s. 21; amended: No. 49 of 2004 s. 13; No. 2 of 2012 s. 40; No. 46 of 2016 s. 6; No. 1 of 2018 s. 7; No. 13 of 2023 s. 250; No. 11 of 2023 s. 106.]

9. Meetings of Tribunal

(1) The Chairperson may convene meetings of the Tribunal and shall preside at all meetings of the Tribunal at which the Chairperson is present.

(2) In the event of the absence of the Chairperson from a meeting —

(a) another member nominated by the Chairperson for that purpose shall preside; or

(b) if another member has not been so nominated by the Chairperson, another member nominated by the Minister for that purpose shall preside.

(3) At a meeting of the Tribunal —

(a) the procedure shall be as determined by the Tribunal; and

[(b) deleted]

(d) the member presiding has a deliberative vote; and

(e) in the event of an equality of votes being cast on any question, the question shall be deferred until a subsequent meeting of the Tribunal.

(4) The Tribunal must ensure that accurate minutes are kept of each of its meetings.

(5) A meeting of the Tribunal may be held —

(a) in person; or

(b) using remote communication; or

(6) A person (including the member presiding) who participates in a meeting of the Tribunal using remote communication is taken to be present at the meeting.

(7) In subsections (5) and (6) —

remote communication, in relation to a meeting, means any technology that enables all the persons taking part in the meeting to communicate with each other at the same time in a reasonably continuous way.

[Section 9 amended: No. 3 of 2025 s. 8.]

9A. Resolution without meeting

(1) A written resolution that is signed, or otherwise assented to in writing, by the members has the same effect as if it had been passed at a meeting of the Tribunal.

(2) If the resolution constitutes the making of a determination or report, a member may comply with section 5A(4)(b), 6(2)(b) or 7(2)(b) by assenting to the determination or report in writing otherwise than by signing it.

Note for this subsection:

The reference to section 6(2)(b) includes section 6(2)(b) as applied under section 6A(2), 6AA(3), 6B(2), 7A(2), 7B(3), 7BAA(3), 7C(3), 7D(3) or 7E(3).

(3) A resolution that has effect under subsection (1) must be recorded in the minutes of the Tribunal’s next meeting.

[Section 9A inserted: No. 3 of 2025 s. 9.]

9B. Quorum

Two members constitute a quorum at a meeting of the Tribunal and the functions of the members under sections 5A(4)(b), 6(2)(b) and 7(2)(b) may be performed by 2 members.

Note for this section:

The reference to section 6(2)(b) includes section 6(2)(b) as applied under section 6A(2), 6AA(3), 6B(2), 7A(2), 7B(3), 7BAA(3), 7C(3), 7D(3) or 7E(3).

[Section 9B inserted: No. 3 of 2025 s. 9.]

10. Method of inquiry by Tribunal

(1) In the performance of the functions of the Tribunal —

(a) the Tribunal may inform itself in such manner as it thinks fit; and

(b) the Tribunal may receive written or oral statements; and

(d) the Tribunal is not bound by the rules of evidence.

(2) For the purposes of the exercise and performance of its powers and functions under this Act, the Tribunal has all the powers, rights and privileges that are specified in the Royal Commissions Act 1968, as appertaining to a Royal Commission and the provisions of that Act have effect as if they were enacted in this Act and in terms made applicable to the Tribunal.

(3) The Minister may, if the Minister thinks fit, appoint a person or persons to assist the Tribunal in an inquiry.

(4) Without limiting the provisions of subsection (3) the Minister shall —

(a) appoint a person nominated from time to time in writing by the President of the Legislative Council and the Speaker of the Legislative Assembly to assist the Tribunal in an inquiry in so far as it relates to the remuneration of Ministers of the Crown, a Parliamentary Secretary appointed under section 44A(1) of the Constitution Acts Amendment Act 1899, the Parliamentary Secretary of the Cabinet and officers and members of the Parliament; and

(b) appoint a person nominated from time to time in writing by the Public Sector Commissioner to assist the Tribunal in an inquiry in so far as it relates to the remuneration to be paid or provided to the officers and persons referred to in section 6(1)(d) and (e); and

(ca) appoint a person nominated from time to time in writing by the Public Sector Commissioner to assist the Tribunal in an inquiry insofar as it relates to the remuneration to be paid or provided to persons holding the offices referred to in section 6(1)(ea); and

(c) appoint a person nominated from time to time in writing by the chief executive officer of the department principally assisting the Minister in the administration of the Local Government Act 1995 to assist the Tribunal in an inquiry in so far as it relates to —

(i) the remuneration to be paid or provided to chief executive officers of local governments referred to in section 7A; or

(ii) the fees, expenses and allowances to be paid to elected council members referred to in section 7B; or

(iii) the fees and expenses to be paid to committee members referred to in section 7BAA;

and

(d) appoint a person nominated from time to time in writing by the chief executive officer of the department of the Public Service principally assisting in the administration of the Financial Management Act 2006 to assist the Tribunal in an inquiry in so far as it relates to the minimum and maximum amounts of remuneration to be paid or provided to executive officers or directors of Government entities referred to in section 7C(2) or 7D(2) or the amount of remuneration to be paid or provided to those officers as referred to in section 10F(3) or the allowance to be paid or provided under section 7E(1).

[Section 10 amended: No. 33 of 1979 s. 4; No. 38 of 1990 s. 9; No. 68 of 1992 s. 4(3); No. 32 of 1994 s. 19; No. 73 of 1994 s. 4; No. 49 of 2004 s. 13; No. 39 of 2010 s. 83; No. 2 of 2012 s. 41; No. 32 of 2016 s. 193; No. 46 of 2016 s. 7; No. 1 of 2018 s. 8; No. 13 of 2023 s. 251; No. 11 of 2023 s. 107; No. 3 of 2025 s. 10.]

10A. Tribunal to have regard to government financial matters

(1) In this section —

Government Financial Projections Statement means whichever is the most recent of the following —

(a) the most recent Government Financial Projections Statement that is —

(i) released under the Government Financial Responsibility Act 2000 section 12(1); and

(ii) made publicly available in the budget papers tabled in the Legislative Assembly under the title “Economic and Fiscal Outlook” or, if the regulations prescribe another part of the budget papers, that other part;

(b) the most recent Government Mid-year Financial Projections Statement that is —

(i) released under the Government Financial Responsibility Act 2000 section 13(1); and

(ii) made publicly available under section 9 of that Act;

Public Sector Wages Policy Statement means —

(a) the Public Sector Wages Policy Statement 2014 issued by the State government that applies to industrial agreements expiring after 1 November 2013; or

(b) if any Public Sector Wages Policy Statement is issued in substitution for that statement, the later statement.

(2) In making a determination under section 6(1)(a), (ab), (d) or (e), 7C(2), 7D(2) or 7E(1) the Tribunal must take into consideration the following —

(a) any Public Sector Wages Policy Statement, irrespective of whether or not the statement applies to a person or office in respect of whom or which the determination is made;

(b) the financial position and fiscal strategy of the State as set out in the following —

(i) the most recent Government Financial Strategy Statement released under the Government Financial Responsibility Act 2000 section 11(1) and made publicly available under section 9 of that Act;

(ii) the Government Financial Projections Statement;

(iii) any submissions made to the Tribunal on behalf of the State government.

[Section 10A inserted: No. 8 of 2014 s. 19; amended: No. 46 of 2016 s. 8; No. 13 of 2023 s. 252.]

Division 4 — No remuneration increases before 1 July 2021

[Heading inserted: No. 1 of 2018 s. 9.]

10B. Term used: commencement day

In this Division —

commencement day means the day on which the Salaries and Allowances Amendment (Debt and Deficit Remediation) Act 2018 section 9 comes into operation.

[Section 10B inserted: No. 1 of 2018 s. 9.]

10C. No increases in Governor’s remuneration before 1 July 2021

(1) This section applies to a determination made by the Tribunal under section 5A that comes into operation before 1 July 2021.

(2) The Tribunal must not make a determination under which the remuneration to be paid to the Governor is more than the remuneration paid to the person who held the office of Governor immediately before commencement day.

(3) If immediately before commencement day there was a vacancy in the office of Governor, the remuneration determined by the Tribunal to be paid to the Governor must not be more than the remuneration paid to the last person to hold the office of Governor before commencement day.

(4) If, as referred to in section 5A(3), the Tribunal specifies in a determination a method of altering from time to time the remuneration payable to the Governor, the Tribunal must not specify a method that allows for the remuneration of the Governor to be increased before 1 July 2021.

(5) The regulations may prescribe a kind or class of remuneration to which this section does not apply.

[Section 10C inserted: No. 1 of 2018 s. 9.]

10D. No increases in remuneration under s. 6 before 1 July 2021

(1) In this section —

classification framework means a framework under which the Tribunal, in respect of the offices referred to in section 6(1)(d) —

(a) assesses the work value of each of the offices using established principles and methodologies; and

(b) based on that assessment, assigns each of the offices to a level of classification, known as a band; and

(2) This section applies to a determination made by the Tribunal under section 6 that comes into operation before 1 July 2021, other than a determination made under section 6(1)(ea).

(3) The Tribunal must not make a determination under which the remuneration to be paid or provided in respect of an office or other position referred to in section 6(1) is more than the remuneration paid or provided in respect of the office or position immediately before commencement day.

(4) If an office referred to in section 6(1)(d) or (e) was vacant immediately before commencement day, unless subsection (6) applies, the remuneration determined by the Tribunal to be paid or provided in respect of the office must not be more than the remuneration paid or provided to the last person to hold the office before commencement day.

(5) Subsection (6) applies if —

(a) an office referred to in section 6(1)(d) or (e) was vacant immediately before commencement day, and the last person to hold the office before commencement day was not in office on or after 1 July 2016; or

(b) the Tribunal has not previously determined the remuneration to be paid or provided in respect of an office referred to in section 6(1)(d) or (e), for example because it is a new office.

(6) In determining the remuneration to be paid or provided in respect of the office, the Tribunal —

(a) must, in the case of the first determination made by the Tribunal after commencement day, take into consideration the remuneration paid or provided immediately before commencement day in respect of other offices with which the office is comparable; and

(b) must not, in the case of any subsequent determination, determine remuneration that is more than the remuneration determined by the Tribunal in accordance with paragraph (a).

(7) If a determination made by the Tribunal includes a classification framework in respect of the offices referred to in section 6(1)(d) —

(a) the principles and methodologies the Tribunal uses to assess the work value of each of the offices must not differ from the principles and methodologies the Tribunal used immediately before commencement day; and

(b) the number of bands in the classification framework must not differ from the number of bands in the classification framework that applied immediately before commencement day; and

(c) the minimum and maximum amounts of salary specified in respect of a band must not differ from the minimum and maximum amounts of salary that applied in respect of that band immediately before commencement day.

(8) Nothing in this section prevents the Tribunal from determining to increase the remuneration to be paid or provided in respect of an office referred to in section 6(1)(d) as a consequence of the Tribunal assigning the office to a higher level of classification under a classification framework included in a determination.

(9) The regulations may prescribe a kind or class of remuneration to which this section does not apply.

[Section 10D inserted: No. 1 of 2018 s. 9.]

10E. No increases in judicial remuneration before 1 July 2021

(1) This section applies to a report made by the Tribunal under section 7 that comes into operation before 1 July 2021.

(2) The Tribunal must not make a report under which the remuneration recommended to be paid or provided in respect of an office referred to section 7(1) is more than the remuneration paid or provided in respect of the office immediately before commencement day.

(3) The regulations may prescribe a kind or class of remuneration to which this section does not apply.

[Section 10E inserted: No. 1 of 2018 s. 9.]

10F. No increases in remuneration of certain executive officers of Government entities before 1 July 2021

(1) In this section —

entity means an entity that is specified in column 1 of Schedule 2;

executive officer, of an entity, has the meaning given in section 7C(1) and (4).

(2) This section applies until the beginning of 1 July 2021.

(3) If, on or after commencement day, an entity is prescribed by the regulations for the purposes of paragraph (b) of the definition of Government entity in section 7C(1), the Tribunal is to inquire into and determine the amount of remuneration to be paid or provided to executive officers of the entity.

(4) The amount of remuneration the Tribunal determines under subsection (3) in respect of an executive officer of an entity must not be more than the amount of remuneration that was paid or provided to the person who held the office immediately before commencement day.

(5) If, in respect of an executive officer of an entity, there was no person holding the office immediately before commencement day, the Tribunal —

(a) must, in the case of the first determination made by the Tribunal under subsection (3) in respect of the executive officer, take into consideration the remuneration paid or provided immediately before commencement day in respect of executive officers of other entities with which the entity is comparable; and

(b) must not, in the case of any subsequent determination under subsection (3), determine remuneration that is more than the remuneration determined by the Tribunal in accordance with paragraph (a).

(6) Section 6(2) and (3) apply to a determination under subsection (3).

(7) Once the Tribunal has made its first determination under subsection (3) in respect of an executive officer of an entity, the Tribunal may make subsequent determinations under that subsection in respect of the executive officer if it considers the circumstances require it, but nothing in this section requires the Tribunal to do so.

(8) While this section applies —

(a) a provision in the written law under which an entity is established that provides for the entity’s governing body to set the remuneration of an executive officer within the range determined by the Tribunal under section 7C(2) does not apply; and

(b) the executive officer is to be paid or provided the remuneration determined by the Tribunal under subsection (3).

(9) A determination made under subsection (3) in respect of an executive officer of an entity, and in force when this section ceases to apply, continues to apply in respect of the executive officer until the remuneration of the executive officer is determined in accordance with section 7C and the written law under which the entity is established.

(10) The regulations may prescribe a kind or class of remuneration to which this section does not apply.

[Section 10F inserted: No. 1 of 2018 s. 9.]

10G. Compensatory and catch-up determinations after 1 July 2021 prohibited

(1) This section applies to a determination or report of the Tribunal that comes into operation on or after 1 July 2021.

(2) The Tribunal must not make a determination under section 5A, 6 or 7C, or a report under section 7, which —

(a) has the effect of providing for the payment or provision of remuneration on the basis that the remuneration was not paid or provided before 1 July 2021 by reason of the operation of section 10C, 10D, 10E or 10F (as the case requires); or

(b) takes into account any increase in the cost of living that occurred between commencement day and 1 July 2021.

[Section 10G inserted: No. 1 of 2018 s. 9.]

Division 5 — Miscellaneous

[Heading inserted: No. 1 of 2018 s. 10.]

11. Fees and allowances

Any person appointed under section 10(3) to assist the Tribunal may be paid such fees and allowances as the Governor determines.

Part IA — General

[Heading inserted: No. 34 of 1980 s. 7.]

11A. Arrangements for payment of travelling expenses by Treasurer

(1) The Treasurer of the State may from time to time make arrangements under which, in such circumstances, and subject to such conditions, restrictions and limitations, as the Treasurer determines, —

(a) the fares of a member of Parliament for travel in this State or elsewhere; and

(b) the fares of a member of the family of a member of Parliament for travel in this State or elsewhere associated with travel by that member of Parliament; and

(c) accommodation or other expenses incurred by a member of Parliament in the course of or in connection with travel by that member of Parliament in this State or elsewhere,

shall be payable by the Treasurer.

(2) Arrangements made under subsection (1)(c) shall not authorise the payment of expenses in respect of which an allowance is payable or reimbursement may be obtained pursuant to a determination made under Part I.

(3) Any moneys payable under arrangements made under subsection (1) —

(a) may be paid directly or by way of reimbursement or, in the case of expenses referred to in paragraph (c) of that subsection, by way of an allowance in respect of those expenses; and

(b) shall be charged to the Consolidated Account, which is appropriated accordingly.

(4) Subject to this section, where a person ceases to be a member of the Legislative Assembly by reason of the dissolution of that House or the expiry thereof by effluxion of time arrangements made under subsection (1) shall continue to apply to and in relation to the person during the period between the dissolution or expiry and the day fixed for the taking of the poll next following the dissolution or expiry.

(5) Without limiting the generality of subsection (1) the Treasurer may determine that arrangements made under that subsection —

(a) shall not apply; or

(b) shall apply to a restricted or limited extent,

in relation to the period between the issue of the writ for a general election or writs for a conjoint election pursuant to the Electoral Act 1907 and the day fixed by the writ or writs for the taking of the poll.

[Section 11A inserted: No. 34 of 1980 s. 7; amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 36 of 2000 s. 26; No. 77 of 2006 s. 4; No. 3 of 2025 s. 11.]

12. Regulations

The Governor may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Part 1B — Transitional provisions

[Heading inserted: No. 3 of 2025 s. 12.]

12A. Transitional provisions for Salaries and Allowances Amendment Act 2025

(1) In this section —

amendment Act means the Salaries and Allowances Amendment Act 2025;

amendment day means the day on which section 12 of the amendment Act comes into operation.

(2) The amendment made by section 5(1) of the amendment Act does not affect the term of office of a member whose appointment was made before amendment day.

(3) The member who, immediately before amendment day, is the Chairman appointed under section 5(8) is taken to be appointed as the Chairperson under section 5(8), as amended by section 5(5) of the amendment Act, at the beginning of amendment day.

[Section 12A inserted: No. 3 of 2025 s. 12.]

Part 1C — Validation

[Heading inserted: No. 3 of 2025 s. 12.]

12B. Validation provisions relating to s. 5(7)

(1) In this section —

validation day means the day on which the Salaries and Allowances Amendment Act 2025 section 12 comes into operation;

validation period means the period beginning on 7 September 2021 and ending on the day before validation day.

(2) Section 5(7) is taken to have had no effect during the validation period.

(3) Subsections (4) to (9) —

(a) supplement subsection (2); and

(b) are not to be construed as limiting the effect of subsection (2) or of each other.

(4) Any written law (including this Act) in force at any time on or after 7 September 2021 is taken to have, or to have had, the same effect at that time as if section 5(7) had had no effect during the validation period.

(5) An appointment of a person as a member, or a resignation under section 5(4)(c), that was made, or purportedly made, during the validation period is taken to be, and to have always been, as lawful, valid and effective as it would be, or would have been, if section 5(7) had had no effect during the validation period.

(6) Subsection (5) applies to make a person’s resignation, or purported resignation, lawful, valid and effective even if, at the time, the reason for the resignation was that the person had not been validly appointed as a member.

(7) Anything done, or purportedly done, on or after 7 September 2021 is taken to be, and to have always been, as lawful, valid and effective as it would be, or would have been, if section 5(7) had had no effect during the validation period.

(8) In subsection (7), a reference to the doing of anything includes a reference to an omission to do anything.

(9) The functions, rights, obligations and liabilities of the State, and of all persons and bodies, are taken to be, and to have always been, the same as if section 5(7) had had no effect during the validation period.

(10) Without limiting the effect of this section, this section has effect for the purposes of any civil proceedings before a court (including appeal proceedings) that relate to an act or omission occurring, or other matter arising, on or after 7 September 2021 and that —

(a) are commenced on or after validation day; or

(b) were commenced, but not completed, before validation day.

[Section 12B inserted: No. 3 of 2025 s. 12.]

[Part II deleted: No. 37 of 2000 s. 22.]

Schedule 1 — Offences

[Section 6C]

An offence against section 60, 61, 81, 82, 83, 85, 88, 122, 124, 169, 170, 378, 409, 414, 419, 424, 440A, 473, 529, 530, 532, 533, 534, 535, or 536 of The Criminal Code.
An offence against section 24, 25, 26, or 27 of the Royal Commissions Act 1968.
An offence against section 552, 553, 558, or 562 of The Criminal Code relating to an offence prescribed in item 1 or 2.

[Schedule 1 inserted: No. 45 of 1995 s. 5.]

Schedule 2 — Entities that may be prescribed as Government entities and their executive officers

[s. 7BA, 7C and 7D]

[Heading inserted: No. 46 of 2016 s. 9; amended: No. 13 of 2023 s. 253.]

Column 1: entities	Column 2: executive officers
A GTE.	1. A person appointed as a director of the GTE.
	2. The person appointed as the chief executive officer of the GTE.
	3. A person appointed to act in place of the chief executive officer of the GTE.
A wholly‑owned subsidiary (as defined in the Government Trading Enterprises Act 2023 section 117).	1. A person appointed as a director of the subsidiary.<br>2. The person appointed as the chief executive officer (however described) of the subsidiary.
Gold Corporation as defined in the Gold Corporation Act 1987 section 3(1).	1. The person appointed under the Gold Corporation Act 1987 section 7(4) as the chief executive officer of Gold Corporation.
	2. The person appointed under the Gold Corporation Act 1987 section 7(4) as the deputy chief executive officer of Gold Corporation.
GoldCorp as defined in the Gold Corporation Act 1987 section 3(1).	The person appointed under the Gold Corporation Act 1987 section 51(1) as the managing director of GoldCorp.
The Mint as defined in the Gold Corporation Act 1987 section 3(1).	The person appointed under the Gold Corporation Act 1987 section 40(1) as managing director of the Mint.
A port authority as defined in the Port Authorities Act 1999 section 3(1).	1. The person appointed under the Port Authorities Act 1999 section 14(2) as the chief executive officer of the port authority.
	2. A person appointed under the Port Authorities Act 1999 section 14(6) to act in the office of chief executive officer of the port authority.
RWWA as defined in the Racing and Wagering Western Australia Act 2003 section 3(1).	1. The person appointed under the Racing and Wagering Western Australia Act 2003 section 20(2) as the CEO of RWWA.
	2. A person appointed under the Racing and Wagering Western Australia Act 2003 section 20(5) to act in the office of CEO of RWWA.
The Corporation as defined in the Western Australian Treasury Corporation Act 1986 section 3(1).	1. The person appointed under the Western Australian Treasury Corporation Act 1986 section 8(2) as the chief executive officer of the Corporation.
	2. A person appointed under the Western Australian Treasury Corporation Act 1986 section 8(5) to act in place of the chief executive officer of the Corporation.

[Schedule 2 inserted: No. 46 of 2016 s. 9; amended: No. 13 of 2023 s. 253.]

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Notes

This is a compilation of the Salaries and Allowances Act 1975 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Salaries and Allowances Tribunal Act 1975 3	27 of 1975	16 May 1975	Act other than s. 13: 16 May 1975 (see s. 2(1)); s. 13: 8 Aug 1975 (see s. 2(2) and Gazette 12 Aug 1975 p. 2951)
Salaries and Allowances Tribunal Act Amendment Act 1975	89 of 1975	20 Nov 1975	19 Sep 1975 (see s. 2)
Salaries and Allowances Tribunal Act Amendment Act 1978	63 of 1978	22 Sep 1978	22 Sep 1978
Salaries and Allowances Tribunal Act Amendment Act 1979	33 of 1979	11 Oct 1979	11 Oct 1979
Salaries and Allowances Tribunal Amendment Act 1980	34 of 1980	5 Nov 1980	5 Nov 1980
Acts Amendment and Repeal (Disqualification for Parliament) Act 1984 Pt. X	78 of 1984	14 Nov 1984	1 Jul 1985 (see s. 2 and Gazette 17 May 1985 p. 1671)
Salaries and Allowances Amendment Act 1986	34 of 1986	1 Aug 1986	1 Aug 1986 (see s. 2)
Acts Amendment (Parliamentary Superannuation) Act 1986 Pt. II	58 of 1986	26 Nov 1986	24 Dec 1986
Salaries and Allowances Amendment Act 1987	13 of 1987	25 Jun 1987	25 Jun 1987 (see s. 2)
Acts Amendment (Electoral Reform) Act 1987 Pt. VII	40 of 1987	12 Jul 1987	30 Oct 1987 (see s. 2 and Gazette 30 Oct 1987 p. 3977)
Acts Amendment (Parliamentary Superannuation) Act 1987 Pt. II	103 of 1987	16 Dec 1987	16 Dec 1987 (see s. 2)
Acts Amendment (Parliamentary Superannuation) and Transitional Arrangements Act 1988 Pt. 2	6 of 1988	30 Jun 1988	30 Jun 1988 (see s. 2(1))
*Reprint of the Salaries and Allowances Act 1975* as at 16 Nov 1988** (includes amendments listed above)
Acts Amendment (Remuneration of Governor) Act 1989 Pt. 3	19 of 1989	1 Dec 1989	1 Dec 1989 (see s. 2(1))
Acts Amendment (Parliamentary Superannuation) Act 1989 Pt. 5	31 of 1989	15 Dec 1989	15 Dec 1989 (see s. 2)
Acts Amendment (Parliamentary Secretaries) Act 1990 Pt. 3	38 of 1990	8 Nov 1990	8 Nov 1990 (see s. 2)
Salaries and Allowances Amendment Act 1991	49 of 1991	17 Dec 1991	17 Dec 1991 (see s. 2)
Salaries and Allowances Amendment Act 1992	68 of 1992	11 Dec 1992	11 Dec 1992 (see s. 2)
Financial Administration Legislation Amendment Act 1993 s. 11	6 of 1993	27 Aug 1993	1 Jul 1993 (see s. 2(1))
Acts Amendment (Official Corruption Commission) Act 1994 s. 20	14 of 1994	22 Apr 1994	24 May 1994 (see s. 2 and Gazette 24 May 1994 p. 2193)
*Reprint of the Salaries and Allowances Act 1975* as at 26 Apr 1994** (includes amendments listed above except the Acts Amendment (Official Corruption Commission) Act 1994)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Statutes (Repeals and Minor Amendments) Act 1994 s. 4	73 of 1994	9 Dec 1994	9 Dec 1994 (see s. 2)
Industrial Legislation Amendment Act 1995 s. 37	1 of 1995	9 May 1995	9 May 1995 (see s. 2(1))
Salaries and Allowances Amendment Act 1995 2	45 of 1995	18 Oct 1995	18 Oct 1995 (see s. 2)
Official Corruption Commission Amendment Act 1996 s. 26	29 of 1996	28 Aug 1996	30 Aug 1996 (see s. 2 and Gazette 30 Aug 1996 p. 4365)
Financial Legislation Amendment Act 1996 s. 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Acts Amendment (Auxiliary Judges) Act 1997 Pt. 9	23 of 1997	18 Sep 1997	18 Sep 1997 (see s. 2)
Equal Opportunity Amendment Act (No. 3) 1997 s. 8	42 of 1997	9 Dec 1997	6 Jan 1998 (see s. 2(1))
*Reprint of the Salaries and Allowances Act 1975* as at 8 Sep 2000** (includes amendments listed above)
Electoral Amendment Act 2000 s. 26 and 57	36 of 2000	10 Oct 2000	21 Oct 2000 (see s. 2 and Gazette 20 Oct 2000 p. 5899)
Parliamentary Superannuation Legislation Amendment Act 2000 Pt. 3	37 of 2000	10 Oct 2000	10 Oct 2000 (see s. 2)
Salaries and Allowances Amendment Act 2001	22 of 2001	26 Nov 2001	26 Nov 2001 (see s. 2)
Corruption and Crime Commission Act 2003 Sch. 4 cl. 9	48 of 2003	3 Jul 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723)
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 17 published in Gazette 15 Aug 2003 p. 3685‑92			15 Sep 2003 (see r. 2)
Corruption and Crime Commission Amendment and Repeal Act 2003 s. 74(2)	78 of 2003	22 Dec 2003	7 Jul 2004 (see s. 2 and Gazette 6 Jul 2004 p. 2697)
Acts Amendment (Court of Appeal) Act 2004 s. 37	45 of 2004	9 Nov 2004	1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)
Local Government Amendment Act 2004 s. 13	49 of 2004	12 Nov 2004	1 Apr 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029)
Electoral Amendment and Repeal Act 2005 s. 10	1 of 2005	20 May 2005	20 May 2005 (see s. 2)
*Reprint 4: The Salaries and Allowances Act 1975* as at 10 Jun 2005** (includes amendments listed above)
Parliamentary Legislation Amendment Act 2006 Pt. 3	56 of 2006	16 Nov 2006	17 Nov 2006 (see s. 2)
Financial Legislation Amendment and Repeal Act 2006 s. 4	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 114	8 of 2009	21 May 2009	22 May 2009 (see s. 2(b))
Acts Amendment (Bankruptcy) Act 2009 s. 78	18 of 2009	16 Sep 2009	17 Sep 2009 (see s. 2(b))
*Reprint 5: The Salaries and Allowances Act 1975* as at 2 Jul 2010** (includes amendments listed above)
Public Sector Reform Act 2010 s. 83	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Local Government Amendment Act 2012 Pt. 4 (s. 38-41)	2 of 2012	4 Apr 2012	s. 38, 40(a), (c) and 41 to the extent that it inserts s. 10(4)(c)(i): 21 Apr 2012 (see s. 2(b) and Gazette 20 Apr 2012 p. 1695); s. 39, 40(b) and 41 to the extent that it inserts s. 10(4)(c)(ii): 9 Feb 2013 (see s. 2(b) and Gazette 8 Feb 2013 p. 863)
Workforce Reform Act 2014 Pt. 4	8 of 2014	20 May 2014	1 Jul 2014 (see s. 2(b) and Gazette 27 Jun 2014 p. 2301)
Corruption and Crime Commission Amendment (Misconduct) Act 2014 s. 39	35 of 2014	9 Dec 2014	1 Jul 2015 (see s. 2(b) and Gazette 26 Jun 2015 p. 2235)
Universities Legislation Amendment Act 2016 Pt. 7 Div. 8	32 of 2016	19 Oct 2016	1 Oct 2017 (see s. 2(b) and Gazette 9 Dec 2016 p. 5557)
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Pt. 2	46 of 2016	7 Dec 2016	8 Dec 2016 (see s. 2(b))
Salaries and Allowances Amendment (Debt and Deficit Remediation) Act 2018	1 of 2018	27 Feb 2018	s. 1 and 2: 27 Feb 2018 (see s. 2(a)); Act other than s. 1 and 2: 28 Feb 2018 (see s. 2(b))
*Reprint 6: The Salaries and Allowances Act 1975* as at 24 Aug 2018** (includes amendments listed above)
Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021 s. 96	20 of 2021	24 Nov 2021	25 Nov 2021 (see s. 2(b))
Government Trading Enterprises Act 2023 Pt. 12 Div. 7	13 of 2023	22 Jun 2023	1 Jul 2023 (see s. 2(b) and SL 2023/89 cl. 2)
Local Government Amendment Act 2023 Pt. 3 Div. 3	11 of 2023	18 May 2023	1 Jan 2024 (see s. 2(d) and SL 2023/92 cl. 2(b))
Salaries and Allowances Amendment Act 2025 Pt. 2	3 of 2025	19 Jun 2025	20 Jun 2025 (see s. 2(b))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
TAB (Disposal) Act 2019 s. 156	21 of 2019	18 Sep 2019	To be proclaimed (see s. 2(1)(b)(xiii))

Other notes

1 The provision in this Act repealing the Parliamentary Salaries and Allowances Act 1967 was repealed by the Parliamentary Superannuation Legislation Amendment Act 2000 s. 22.

2 The Salaries and Allowances Amendment Act 1995 s. 6 reads as follows:

Transitional provision

(1) Section 6C of the principal Act applies whether or not the offence was committed before the day when this Act commences and whether or not the person was dealt with before that day, but if the person was dealt with before that day the disqualification takes effect on that day instead of the day when the person was dealt with.

(2) For the purposes of subsection (1) a person is dealt with —

(a) if the offence was a Schedule 1 offence committed by the person while holding public office, on the day when the person is convicted;

(b) in any other case, on the day when the person was sentenced.

3 Now known as the Salaries and Allowances Act 1975; short title changed (see note under s. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

amendment Act 12A(1)

amendment day 12A(1)

Chairperson 4(1)

classification framework 10D(1)

commencement day 10B

committee member 7BAA(1)

director 7D(1)

elected council member 7B(1)

entity 10F(1)

executive officer 7C(1), 10F(1)

former office entitlement 6C(1)

fresh election 6(5b)

Government entity 7BA, 10F(3)

Government Financial Projections Statement 10A(1)

GTE 4(1)

holding public office 6C(1)

member 4(1)

Minister of the Crown 4(1)

Public Sector Wages Policy Statement 10A(1)

remote communication 9(7)

remuneration 4(1)

Schedule 1 offence 6C(1)

section 4(1)

Tribunal 4(1)

validation day 12B(1)

validation period 12B(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Salaries and Allowances Act 1975

Western Australia

Salaries and Allowances Act 1975

Contents

Part I — The Tribunal

Division 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

Division 2 — Tribunal established

Establishment of Tribunal 4

Division 3 — Inquiries, determinations and reports

5A. Inquiry into and determination of remuneration of Governor 5

Other inquiries into and determinations of remuneration 7

6A. Tribunal’s functions under Parliamentary Superannuation Act 1970 11

6AA. Redundancy benefits for members of Parliament 11

6B. Determinations relating to entitlements of former Premiers, Ministers and members of Parliament 12

6C. Forfeiture of former office entitlements 12

Inquiry into and report on judicial salaries 14

7A. Determinations as to remuneration of local government CEOs 15

7B. Determinations as to fees and allowances of local government councillors 16

7BAA. Determinations as to fees and allowances of members of local government committees 16

7BA. Term used: Government entity 17

7C. Determinations as to remuneration of executive officers of Government entities 17

7D. Determinations as to remuneration of directors of certain Government entities 18

7E. Determinations as to allowance for directors of certain GTEs: audit and risk committee members 18

Tribunal to report and make a determination annually 19
Meetings of Tribunal 20

9A. Resolution without meeting 21

9B. Quorum 22

Method of inquiry by Tribunal 22

10A. Tribunal to have regard to government financial matters 24

Division 4 — No remuneration increases before 1 July 2021

10B. Term used: commencement day 26

10C. No increases in Governor’s remuneration before 1 July 2021 26

10D. No increases in remuneration under s. 6 before 1 July 2021 27

The statutory architecture rests on a small number of core concepts and mechanisms that structure decision rights, fiscal consequences and procedural checks.

Tribunal and members: The Tribunal is a three‑member body appointed by the Governor (s 5(1)-(3)). One member is appointed Chairperson (s 5(8)). Members hold office for terms up to three years and are eligible for reappointment (s 5(3)). The Act disqualifies persons from appointment where they are bankrupt or otherwise insolvent, permanently incapable, or have resigned (s 5(4)). The Act also contains a restriction on appointment of persons whose remuneration is determined by the Tribunal (s 5(7)), though a later validation provision (s 12B) treats s 5(7) as having had no effect during the validation period.

Determinations and reports: The Tribunal makes binding determinations as to remuneration for many offices (s 6). Determinations must be in writing, signed by members and published in the Government Gazette (s 6(2)-(3)). For judicial remuneration the Tribunal reports and may recommend alterations; Parliament can disapprove recommendations within 15 sitting days, which prevents or terminates the recommendation’s operation (s 7(1)-(6)).

Scope of coverage: The Act defines the classes of offices covered. This includes the Governor (s 5A), Ministers and Parliamentary Secretaries (s 6(1)(a), (ab)), officers and members of Parliament and committee remunerations (s 6(1)(b)), specified senior public service officers in the Special Division (s 6(1)(d)), defined university offices (s 6(1)(ea)), judicial officers (s 7), local government CEOs, councillors and committee members (ss 7A, 7B, 7BAA), and executive officers and directors of particular Government entities listed in Schedule 2 (ss 7BA, 7C, 7D). The Act gives the Governor the power to prescribe other classes by regulation (s 6(1)(e); s 12).

Fiscal effect and payment priority: Determinations override other written law for the purposes of payment, and remuneration payable under determinations is to be paid in accordance with those determinations and charged to the Consolidated Account, unless the creating law provides payment from another fund (s 5A(8); s 6(4)). Similar charging rules apply to redundancy, former office entitlements and other Tribunal‑determined payments (ss 6AA(4), 6B(3)).

Investigatory powers and assistance: The Tribunal may inform itself "in such manner as it thinks fit", receive written or oral statements, and is not bound by rules of evidence (s 10(1)). It also has the powers of a Royal Commission under the Royal Commissions Act 1968 (s 10(2)). The Minister may appoint persons to assist the Tribunal and the Act mandates nomination sources for some assistants, including parliamentary officers and the Public Sector Commissioner (s 10(3)-(4)).

Accounting for fiscal policy: Section 10A requires the Tribunal, when making many determinations, to take into account the Public Sector Wages Policy Statement and the State’s Government Financial Strategy Statement and other financial statements, and any submissions made to the Tribunal on behalf of the State government (s 10A(2)). This formally ties remuneration decisions to fiscal policy documents.

Temporal constraints and moratoriums: Division 4 (ss 10B-10G) contains a time‑limited moratorium first implemented by the 2018 Amendment. It prevents increases to some remunerations before 1 July 2021 and prohibits subsequent compensatory or "catch‑up" determinations that take into account forgone increases or increases in cost of living across that period (s 10C-10G). While the date is in the past, the moratorium provisions remain in the Act and continue to constrain determinations that "come into operation" within defined windows (ss 10C-10G).

Forfeiture of entitlements: Section 6C defines how criminal conviction while holding public office can disqualify a person from receiving former office entitlements, sets the test and restorations of entitlements, and references Schedule 1 offences which list categories of criminal conduct (s 6C; Schedule 1).

Procedural and governance details: The Act sets operational procedures for meetings, including remote meetings (s 9(5)-(6)), resolution without meeting (s 9A), minutes (s 9(4)), quorum (two members, s 9B), voting rules and deferral on ties (s 9(3)(c)-(e)) and the ability of members to assent in writing to determinations (s 9A(2)). The Act also prescribes publication and Gazette requirements (s 5A(7); s 6(3)).

Transitional and validation provisions: The 2025 Amendment inserted transitional provisions for member terms and a validation clause that treats s 5(7) as having had no effect during a validation period beginning 7 September 2021 (ss 12A, 12B). Section 12B has broad retrospective legal effect, including for civil proceedings not yet completed (s 12B(2)-(10)).

These core concepts combine to centralise remuneration decision‑making in an independent statutory Tribunal, while giving the Tribunal broad investigatory powers, imposing formal process requirements, linking decisions to government fiscal documentation, and embedding procedural checks such as parliamentary disallowance for judicial recommendations and Governor‑level involvement for Governor remuneration.

The Act names specific categories of persons and institutional actors whose pay, allowances or entitlements the Tribunal determines or whose appointments and administrative processes it affects.

Primary individuals and groups subject to Tribunal determinations or reports:

The Governor, whose remuneration is determined following a request from the Premier; the Tribunal may specify methods of altering remuneration during an appointment and determinations are charged to the Consolidated Account (s 5A(1)-(9)).
Ministers of the Crown and Parliamentary Secretaries, including Parliamentary Secretaries appointed under the Constitution Acts Amendment Act 1899 (s 6(1)(a), (ab)).
Officers and members of Parliament, including specified officers such as the President, Speaker, whips and defined party leaders, and additional remuneration for committee roles (s 6(1)(b); s 4(2) defines officers of Parliament).
Clerks and Deputy Clerks of the Legislative Council and Assembly (s 6(1)(c)).
Officers in the Special Division of the Public Service and "full‑time" offices created under State law that are not remunerated solely by industrial award or agreement (s 6(1)(d), (e)).
Specified university council and senate members as listed in s 6(1)(ea).
Judges, District Court judges, masters and magistrates, and the Parliamentary Inspector of the Corruption and Crime Commission, in respect of judicial remuneration reporting (s 7(1)).
Chief executive officers of local governments (s 7A), elected council members (s 7B) and committee members (s 7BAA) in respect of fees, expenses and allowances under the Local Government Act 1995.
Executive officers and directors of Government entities described in Schedule 2, with specific roles listed for each entity type (ss 7BA, 7C, 7D; Schedule 2). The listed entities include GTEs, wholly‑owned subsidiaries, Gold Corporation, GoldCorp, The Mint, port authorities, Racing and Wagering WA, and the Western Australian Treasury Corporation (Schedule 2).
Former Premiers, Ministers and former members of Parliament, in respect of entitlements and benefits the Tribunal determines under s 6B.
Members of Parliament seeking redundancy or superannuation‑linked benefits determined under ss 6AA and 6A.

Other affected actors:

The Premier has a direct procedural role for Governor remuneration (s 5A(1), (5)-(6)).
The Minister receives Tribunal reports on judicial remuneration and must lay them before each House; either House can pass a resolution disapproving recommendations within 15 sitting days (s 7(2)-(5)).
The Governor appoints Tribunal members and sets the fees and allowances payable to members and to assistants appointed under s 10(3) (s 5(2), (6); s 11).
The Treasurer has power to make arrangements for payment of members’ travel and related family travel and expenses (s 11A).
The Public Sector Commissioner, the Presidents and Speaker of Parliament, and departmental chief executives are required sources of nominations for persons to assist the Tribunal in certain inquiries (s 10(3)-(4)). These nominations influence the information and expert assistance the Tribunal receives.
Entities with governing laws that previously gave their governing bodies the power to set executive remuneration are affected where the Tribunal’s remit temporarily supersedes those powers (see s 10F(8)(a)).

Those who bear the fiscal cost:

The State, via the Consolidated Account, is the primary payer of remuneration and entitlements determined by the Tribunal when the enabling law does not specify another fund, which places budgetary consequences on the Consolidated Account (s 5A(8); s 6(4); s 6AA(4); s 6B(3)).

Those affected by forfeiture and criminal‑related provisions:

Former office holders whose entitlements are governed by s 6B are potentially disqualified from receiving those entitlements if convicted and sentenced to imprisonment for 12 months or more or convicted of specified Schedule 1 offences committed while holding public office; courts can also designate other offences as Schedule 1 offences where holding public office was relevant (s 6C(2)-(5); Schedule 1).

Administrative staff and advisers:

Persons appointed under s 10(3) to assist the Tribunal are affected in terms of payment (fees and allowances determined by the Governor) and nomination sources (s 10(3)-(4); s 11).

Other consequences:

Governing bodies of entities listed in Schedule 2 may temporarily lose discretion to set executive remuneration (s 10F(8)(a)) while section 10F applies.
Individuals shortlisted for appointment as Tribunal members must ensure they are not persons whose remuneration is determined or reported upon by the Tribunal (s 5(7)), though the validation clause in s 12B affects the legal status of actions during the validation period.

In short, the Act affects a wide cross‑section of public office holders from the Governor down to local government councillors and named executive positions in state entities. It also affects the executive (Premier, Treasurer, Minister), Parliament’s Houses, State budgetary arrangements via the Consolidated Account, and administrative actors who assist the Tribunal or administer the entitlements it determines.

The Act allocates decision‑making duties, procedural obligations and rights to participate and challenge across multiple actors.

Tribunal’s duties and procedural obligations:

Duty to inquire and determine remuneration for specified offices: The Tribunal “shall, from time to time as provided by this Act, inquire into, and determine, the remuneration” for offices listed in s 6(1) and for other categories in ss 5A, 7A, 7B, 7BAA, 7C, 7D and 7E. It must ensure determinations are made at the frequencies mandated by s 8(1).
Production and publication obligations: Determinations must be in writing, signed by members and published in the Government Gazette (s 6(2)-(3); s 5A(4), (7)). Reports on judicial remuneration must be furnished to the Minister and laid before each House within five sitting days after receipt (s 7(2)-(3)).
Investigatory powers and methods: The Tribunal may inform itself as it thinks fit, receive written and oral statements and is not bound by rules of evidence (s 10(1)). It also has Royal Commission powers under the Royal Commissions Act 1968 (s 10(2)).
Consideration of fiscal policy: The Tribunal must take into consideration the Public Sector Wages Policy Statement and the State’s fiscal statements when making certain determinations (s 10A(2)). This is an explicit statutory duty to have regard to government fiscal strategy and wages policy.
Annual or periodic obligations: The Tribunal must ensure determinations or reports occur not more than a year apart for many categories and not more than four years for others (s 8(1)). Subsection 8(2) contains exceptions related to 1 July 2021.
Procedural duties for meetings: The Chairperson convenes meetings and presides. Accurate minutes must be kept (s 9(1), (4)). Meetings may be in person or by remote communication and remote participants count as present (s 9(5)-(6)).

Premier and Minister rights and duties:

Premier’s right and duty to request Governor inquiry: Before appointment to the office of Governor, the Premier must request the Tribunal to inquire into and determine the Governor’s remuneration, and the Tribunal must comply (s 5A(1)-(2)). The Premier must inform the Tribunal within 14 days whether the Premier agrees with the determination and provide reasons and recommendations where not agreed (s 5A(5)). The Tribunal must reconsider and may amend or reaffirm (s 5A(6)).
Minister’s role in judicial remuneration: The Minister receives the Tribunal’s judicial remuneration report; must lay it before each House within five sitting days; and the Houses have statutory rights to disapprove within 15 sitting days, affecting the recommendation’s operation (s 7(2)-(5)).

Rights and duties of Parliament and its members:

Parliament’s right to disapprove judicial recommendations: Either House can pass a resolution disapproving Tribunal recommendations in respect of judicial remuneration within 15 sitting days to prevent or rescind the recommendation (s 7(5)).
Rights of members of Parliament to allowances: Determinations may provide allowances, fees and reimbursements, but travel fares and accommodation for members require Treasurer approval or arrangements under s 11A, and the Tribunal determines allowances payable (s 6(7)-(8); s 11A). Members elected to the Legislative Council also face statutory limitations on entitlement in certain periods after elections (s 6(5b)).

Payment duties and appropriation:

Payment and appropriation direction: Determinations override other written law in relation to payment and are to be paid in accordance with the determination and charged to the Consolidated Account unless the creating law specifies another fund (s 6(4)). For the Governor, s 5A(8) makes the Consolidated Account appropriation explicit.

Duties relating to forfeiture of entitlements:

The court may determine an offence as a Schedule 1 offence for s 6C purposes where the court considers the person’s holding of office was relevant to the offence and gravity warrants it (s 6C(2)). A person sentenced to imprisonment of 12 months or more, or convicted of a Schedule 1 offence committed while holding public office, is disqualified from receiving former office entitlements (s 6C(3)). Restoration occurs if convictions or sentences are quashed under specified conditions (s 6C(5)).

Administrative duties for assistance:

The Minister must appoint persons nominated by designated officeholders to assist the Tribunal in inquiries on particular classes of remuneration (s 10(4)). Assistants may be paid fees and allowances as determined by the Governor (s 11).

Rights of affected persons:

Publication and certainty: Affected persons obtain determinations that are written, signed and published (s 6(2)-(3); s 5A(4), (7)), providing a formal legal basis for remuneration and entitlements.
Rights to compensation and redundancy: The Tribunal may determine redundancy benefits for members of Parliament, and must do so in certain circumstances under s 28 of the Parliamentary Superannuation Act 1970 (s 6AA).

Legal constraints on Tribunal composition:

The Act bars appointment of a person whose remuneration is determined by the Tribunal (s 5(7)), though s 12B validates actions in a prior period where s 5(7) may have had effect.

In functional terms, the Act assigns the Tribunal the primary duty to set remuneration but embeds procedural checks and government engagement points: the Premier for Governor remuneration, the Minister and Parliament for judicial remuneration, nomination rights for assistants, and statutory fiscal considerations (s 10A) that bind the Tribunal’s deliberative process.

The Act establishes enforcement mechanisms indirectly by linking remuneration and entitlements to judicial and criminal outcomes and by incorporating offences referenced to other statutes. It does not itself set discrete pecuniary or custodial penalties for non‑compliance with determinations; rather enforcement and penalties are derived through cross‑references and external processes.

Schedule 1 offences and forfeiture: Schedule 1 lists categories of offences for the purposes of s 6C (forfeiture of former office entitlements). These are largely cross‑references to specified provisions of The Criminal Code and the Royal Commissions Act 1968 (Schedule 1 items 1-3). Section 6C uses convictions and sentences to trigger disqualification from receiving former office entitlements. Concretely:

A person sentenced to imprisonment upon conviction of any offence other than for a term of less than 12 months is disqualified from receiving former office entitlements (s 6C(3)(a)).
A person convicted of a Schedule 1 offence committed while holding public office is disqualified (s 6C(3)(b)).
Courts have an express power to determine that a non‑Schedule 1 offence is to be treated as a Schedule 1 offence under s 6C where the court considers holding public office was relevant to the commission of the offence and gravity warrants it (s 6C(2)).

These provisions create an enforcement link between criminal conviction and the statutory forfeiture of post‑office benefits. Restoration rules are specified where convictions or sentences are quashed or substituted in certain ways (s 6C(5)).

Criminal enforcement and other statutes: The Act incorporates references to the Royal Commissions Act 1968 for the Tribunal’s powers; offences against the Royal Commissions Act are listed in Schedule 1 (Schedule 1 item 2). Where the Tribunal utilises Royal Commission powers under s 10(2), relevant offences under the Royal Commissions Act or The Criminal Code may attach to obstructive conduct in an inquiry. The Tribunal’s exercise of investigatory powers therefore carries the possibility of referral to criminal processes where matter falls within those other statutes.

Payment enforcement and appropriation: Determinations are given statutory priority for payment: any remuneration payable pursuant to a determination must be paid in accordance with the determination and is charged to the Consolidated Account unless another fund is specified (s 6(4); s 5A(8)). The Act does not describe enforcement mechanisms for a public authority that fails to pay amounts determined. Instead it gives priority and appropriation direction which means administrative and executive mechanisms will be used to effect payment; failure to follow appropriation directions would be a matter of public finance administration under the Financial Management Act and governance arrangements rather than a criminal offence under this Act.

Parliamentary disallowance as check: For judicial remuneration, Parliament can disapprove Tribunal recommendations under s 7(5). A disallowance prevents a recommendation from coming into operation or ceases its force from the date of the resolution. This is a parliamentary control mechanism rather than a criminal enforcement tool.

Validation and retroactive effect: Section 12B validates appointments and actions taken during a specified validation period by treating s 5(7) as having had no effect during that period and declaring those appointments, resignations and acts to be lawful and effective as if s 5(7) had no effect. Section 12B(10) extends that validation to civil proceedings before courts, including appeals, provided the proceedings are commenced on or after validation day or were commenced before but not completed. The validation provision thereby removes certain litigation risk and retrospectively precludes challenges that would have hinged on s 5(7) during the validation period.

Administrative penalties and governance: The Act provides that members shall be paid fees and allowances as determined by the Governor (s 5(6)) and that assistants may be paid as the Governor determines (s 11). It prescribes procedural requirements for minutes, signatures and publication (ss 6(2)-(3); s 9(4)). Failure to comply with procedural requirements may have administrative consequences, but the Act does not itself set criminal penalties for most procedural breaches.

In practice, enforcement of the Act’s substantive consequences occurs through:

Criminal conviction processes under cross‑referenced statutes that trigger disqualification from entitlements (s 6C; Schedule 1).
Parliamentary procedures for judicial remuneration (s 7(3)-(5)).
Administrative mechanisms and appropriations for payment of remuneration charged to the Consolidated Account (s 6(4); s 5A(8)).
Use of Royal Commission powers to compel evidence and addresses obstructive conduct under the Royal Commissions Act when the Tribunal invokes those powers (s 10(2)).

Practitioners should note that the Act’s enforcement architecture relies substantially on cross‑linked statutes, administrative appropriation mechanisms, and parliamentary oversight rather than on standalone penal provisions inside the Act itself.

The Act embeds numerous cross‑references and primacy rules that make interaction with other statutes and instruments central to its operation. Key intersections and priorities are as follows.

Royal Commissions Act 1968 and investigatory powers: Section 10(2) gives the Tribunal “all the powers, rights and privileges that are specified in the Royal Commissions Act 1968, as appertaining to a Royal Commission”, making the procedural powers of that Act directly applicable to Tribunal inquiries. This imports powers such as summonses, witness examination, and potential offences under the Royal Commissions Act, so Tribunal inquiries operate with the coercive investigatory tools and sanction regime of the Royal Commissions Act while remaining functionally a statutory Tribunal under this Act.

Constitution Acts Amendment Act 1899 and Parliamentary appointments: The Act includes Parliamentary Secretary appointments under the Constitution Acts Amendment Act 1899 (s 6(1)(ab)), and contains specific eligibility and entitlement rules that interact with constitutional disqualification provisions (s 6(5a), (5b) reference sections 36 and 37 of the Constitution Acts Amendment Act 1899 and the timing rules related to Legislative Council elections and declarations under the Electoral Act 1907 s 156D).

Payment priority and appropriation framework: Determinations “notwithstanding any other written law” are to be paid in accordance with the determination and charged to the Consolidated Account, unless the law creating the office provides otherwise (s 6(4); s 5A(8)). This gives determinations statutory primacy over competing statutory payment mechanisms and ties outcomes into the State’s financial management framework, which interacts with the Financial Management Act and appropriation practices.

Parliamentary Superannuation Act 1970 and redundancy benefits: The Tribunal has functions under the Parliamentary Superannuation Act 1970 and must determine matters required by that statute (s 6A). Redundancy benefits for members of Parliament link to decisions under the Parliamentary Superannuation Act and are charged to the Consolidated Account (ss 6A, 6AA).

Judges’ Salaries and Pensions Act 1950 and District Court Act 1969: Section 7 is subject to specified sections of those Acts (s 7(1) refers to s 5(1) and (1b) of the Judges’ Salaries and Pensions Act 1950 and s 12(3a) of the District Court of Western Australia Act 1969), indicating that judicial remuneration determinations and reporting must operate consistently with those judicial compensation statutes.

Government Trading Enterprises Act 2023 and Schedule 2: The Act uses the defined term GTE and Schedule 2 lists entities and executive officers that may be prescribed as Government entities for the purposes of ss 7BA, 7C and 7D. The interaction with the Government Trading Enterprises Act 2023 informs which entities and offices fall under Tribunal determinations (ss 4, 7BA; Schedule 2).

Local Government Act 1995: The Tribunal determines CEO remuneration, councillor fees and committee member fees and expenses payable “under the Local Government Act 1995” (ss 7A, 7B, 7BAA). This replaces, or at least sets statutory bounds on, local government discretion to set those fees under the Local Government Act, and requires local government remuneration frameworks to align with Tribunal determinations.

Other enabling or overriding statutes: Section 10F temporarily overrides provisions in the written law under which an entity is established that provide for the entity’s governing body to set executive officer remuneration, for the period while s 10F applies (s 10F(8)(a)). That is a direct override of entity statutes and constitutive instruments for the covered period. Section 6(4) makes determinations take precedence over any other law for payment purposes.

Regulatory and Gazette requirements: Determinations and reports must be published in the Government Gazette (s 6(3); s 5A(7)). The Governor may make regulations “not inconsistent with this Act” for carrying out and giving effect to the Act (s 12). Those regulations can prescribe exemptions from moratorium provisions (ss 10C(5), 10D(9), 10E(3), 10F(10)) and can also prescribe kinds or classes of remuneration excluded from certain constraints.

Validation and other amendment Acts: Several amendments and Acts are referenced in the compilation table and text, including the Salaries and Allowances Amendment (Debt and Deficit Remediation) Act 2018, which introduced the 1 July 2021 moratorium (Div 4, ss 10B-10G), the Government Trading Enterprises Act 2023 which interacts with the GTE definition and Schedule 2, and the Salaries and Allowances Amendment Act 2025 which introduced changes including new provisions on resolution without meeting and validation (ss 9A, 9B, 12A, 12B).

Statutory priorities and policy statements: Section 10A requires the Tribunal to take into account the Public Sector Wages Policy Statement and specified Government financial statements when making certain determinations. This creates an explicit legal link between Tribunal decisions and broader fiscal policy statements produced under the Government Financial Responsibility Act 2000 and similar documents.

Criminal law intersection: Schedule 1 cross‑references a number of Criminal Code provisions. The effect of criminal convictions on entitlements under s 6C ties Tribunal determinations into criminal law enforcement and sentencing decisions made under The Criminal Code and the courts.

In summary, the Act is designed to operate within a web of other statutes: it imports procedural powers from the Royal Commissions Act 1968, cross‑references constitutional and electoral provisions, overrides other written law for payment and appropriation purposes, interacts with entity statutes via Schedule 2 and 10F, and binds the Tribunal to consider statutory fiscal documents. Practitioners must therefore consider tribunal determinations in the context of the Financial Management Act, Government Trading Enterprises Act, Local Government Act 1995, judicial remuneration statutes, and criminal law and Royal Commissions Act provisions.

The Act contains a rich amendment history reflected in the text and the compilation table. Key amendment epochs and mechanical effects follow.

Foundational acts and early amendments: The principal Act was originally enacted as the Salaries and Allowances Tribunal Act 1975 and later re‑titled (see notes). Early amendment Acts adjusted membership, coverage and definitions over the 1970s and 1980s (e.g. amendments in 1978, 1979, 1980, 1986 and 1987 as listed in the compilation table).

Judicial and Governor remuneration changes: The Acts Amendment (Remuneration of Governor) Act 1989 required the Tribunal to inquire into and determine Governor remuneration and the Act was amended accordingly (s 5A inserted by No. 19 of 1989 s 9). The Tribunal’s role in judicial remuneration reporting has been amended over time, with multiple amendments and cross‑references added (see s 7 and compilation history).

Parliamentary superannuation and redundancy: The Tribunal’s functions under the Parliamentary Superannuation Act 1970 were inserted in 2000 (s 6A inserted No. 37 of 2000 s 20). Redundancy benefits and related provisions for members of Parliament and former officeholders have been added and adjusted in a number of Acts (see ss 6AA, 6B, 6C and compilation entries around 2000-2006).

Local government and government entities expansion: The Tribunal’s remit was extended to local government remuneration and councillors’ fees in 2012 (ss 7A, 7B inserted by No. 2 of 2012 s 38-39). Later, the 2016 Executive Officer Remuneration (Government Entities) Legislation Amendment Act (No. 46 of 2016) inserted provisions dealing with executive officers of Government entities and Schedule 2 (ss 7BA, 7C, 7D; Schedule 2 added by No. 46 of 2016 s 9).

2014 and 2018 fiscal policy and moratorium: The Workforce Reform Act 2014 introduced s 10A requiring the Tribunal to have regard to government financial matters and the Public Sector Wages Policy Statement (s 10A inserted No. 8 of 2014 s 19). The Salaries and Allowances Amendment (Debt and Deficit Remediation) Act 2018 (No. 1 of 2018) inserted Division 4 (ss 10B-10G) to restrict remuneration increases before 1 July 2021 and prevent catch‑up determinations after that date. Those provisions materially constrained Tribunal pricing power for the relevant period (s 10B-10G).

2021-2023 adjustments: The Government Trading Enterprises Act 2023 and subsequent amendments updated the meaning of GTE and linked Schedule 2 to the GTE definition (compilation entries and s 4(1) definition). The Local Government Amendment Act 2023 further interacts with local government provisions and the Tribunal’s role for local government remuneration, with commencement in 2024 (compilation table).

2025 Amendment Act and validation provisions: The Salaries and Allowances Amendment Act 2025 (No. 3 of 2025) introduced several notable changes reflected in the text: the use of the term Chairperson (see s 4(1) amendment), ability for meetings to be held by remote communication and resolution without meeting (ss 9(5)-(6); s 9A inserted), explicit quorum provision of two members (s 9B inserted), transitional provisions for member terms (s 12A) and a significant validation clause (s 12B) treating s 5(7) as having had no effect during the validation period beginning 7 September 2021. The 2025 amendments also adjusted member appointment rules and procedural matters (see s 5 amendments).

Compilation table chronology: The compilation table in the Act provides a precise historical trail of amendments with dates and commencement details. Notable dates include the 1975 enactment (16 May 1975), multiple amendments through the 1980s and 1990s, the 2000 amendments for superannuation matters, the 2012 local government expansions, the 2014 insertion of s 10A, the 2018 Debt and Deficit Remediation Act introducing the moratorium (No. 1 of 2018), the 2023 Government Trading Enterprises Act, and the 2025 Amendment Act (No. 3 of 2025) which added validation and procedural modernisations.

Regulatory scope and exemptions: The Act allows regulations to prescribe kinds or classes of remuneration to which particular moratorium provisions do not apply (e.g. ss 10C(5), 10D(9), 10E(3), 10F(10)). Over time the capacity to carve out exceptions under regulations remains an important avenue by which later executive or regulatory action can refine the operation of the moratorium or other constraints.

Practical effect of amendment history: Over successive amendments the Tribunal’s remit widened from ministerial and parliamentary remuneration to include local government, university governing bodies, executive officers and directors of certain state entities. The 2014 and 2018 amendments introduced fiscal policy alignment and explicit temporal constraints. The 2025 amendments addressed operational governance, remote participation, and validation of past actions. Taken together, the amendment history shows a pattern of centralising remuneration decision rights, while layering fiscal policy constraints and procedural governance.

For a complete list of amendment instruments and commencement dates see the compilation table appended to the Act text. Practitioners should consult the compilation table when tracing the provenance and effective date of any particular provision referenced in practice.

The Act text supplied does not name or summarise court decisions. It contains provisions that affect litigation risk and creates litigation‑relevant mechanics, but it does not itself catalogue case law. Key litigation‑relevant features in the statute are:

Validation clause with direct application to civil proceedings: Section 12B contains broad validation provisions treating s 5(7) as having had no effect during the validation period (7 September 2021 up to validation day). Section 12B(10) explicitly states the section has effect for the purposes of any civil proceedings before a court, including appeal proceedings, that relate to an act or omission occurring on or after 7 September 2021 and which are commenced on or after validation day, or were commenced but not completed before validation day. This provision expressly alters litigation posture and bars or forecloses certain challenges to appointments, resignations, and acts that occurred during the validation period.
Forfeiture and criminal conviction interface: Section 6C links criminal convictions and sentencing outcomes to disqualification from receiving former office entitlements. Courts have an express role in designating an offence as a Schedule 1 offence for s 6C purposes where the court considers the holding of public office was relevant and the gravity of the offence warrants it (s 6C(2)). This provision contemplates judicial determinations made in criminal proceedings that have collateral civil consequences for entitlements.
Parliamentary disallowance and report laying: Section 7 requires the Tribunal to furnish judicial remuneration reports to the Minister, who must lay them before each House; either House may disapprove a recommendation within 15 sitting days, which precludes or terminates its operation (s 7(2)-(5)). Although this is a parliamentary political process, disputes about whether a recommendation “came into operation” or its legal effect could raise litigation in some factual settings.
Royal Commission powers and associated offences: Because the Tribunal has the powers of a Royal Commission (s 10(2)), conduct in Tribunal inquiries may give rise to offences under the Royal Commissions Act 1968 or other statutes listed in Schedule 1. Litigation concerning the exercise of those powers, witness compulsion or admissibility might therefore arise and be litigated under the Royal Commissions Act and civil procedure rules.

What the statute itself does not do: It does not set out a bespoke judicial review route or an internal appeals mechanism. Given determinations are written and published, review avenues would be the ordinary judicial review processes in administrative law, subject to statutory bars or validations (notably s 12B). The Act does not list case law identifying the availability or limits of review.

Practical note for researchers and practitioners: To gauge actual litigation patterns and precedent on Tribunal decisions, judicial review, or the interpretation of s 6C and s 12B, one must search the Western Australian court databases and Westlaw/Lexis/National Library records for decisions that involve the Salaries and Allowances Tribunal. The Act text itself does not supply litigation history or precedent, and this absence in the statute text should not be taken to mean there are no cases. Section 12B’s provision that it affects civil proceedings underscores the likelihood that litigation arose in relation to the validation period and prompted the 2025 validation amendments; however, the Act does not name any cases.

Several provisions present traps for the unwary. These are concrete legal mechanisms with operational effects that practitioners should flag.

Publication and operation timing: Determinations and reports must specify the date they come into operation or be deemed to have come into operation on such date as specified (s 6(2)). A determination that purports to backdate or to take retrospective effect is constrained by the language in the section. For Governor remuneration, determinations come into operation on the day of appointment unless otherwise specified (s 5A(4)(c)). Misunderstanding the operational date can affect taxation, superannuation and accruals.
Appropriation and payment priority: Determinations are expressly to be paid in accordance with the determination notwithstanding any other written law and are charged to the Consolidated Account unless another fund is specified (s 6(4); s 5A(8)). That gives determinations statutory priority on payment, but does not insulate them from public finance controls or the need to reflect appropriations in budget documents. Assuming absolute unconditional payment without accounting consequences is a mistake.
Forfeiture linked to criminal sentences: Section 6C disqualifies persons from receiving former office entitlements if sentenced to imprisonment for a term of 12 months or more or convicted of a Schedule 1 offence committed while holding office. Courts may designate offences as Schedule 1 where holding office was relevant (s 6C(2)). Practitioners must note that the disqualification is tied to sentencing not merely to conviction in some instances and that restoration depends on whether convictions and sentences were quashed or substituted in particular ways (s 6C(5)).
Tribunal composition eligibility (s 5(7)) and validation (s 12B): Section 5(7) disallowed appointing a person as a member if their remuneration is determined or reported upon by the Tribunal. Section 12B treats s 5(7) as having had no effect during the validation period starting 7 September 2021 and validates appointments and resignations in that period (s 12B(2)-(9)). The validation provision operates retroactively and for pending civil proceedings (s 12B(10)). This creates a potential gotcha for any challenges based on member eligibility tied to s 5(7) during the validation period: such challenges are statutorily foreclosed.
Moratorium and catch‑up prohibition persist in text: Division 4 (ss 10B-10G) contains multiple provisions preventing increases in remuneration before 1 July 2021 for specified offices and prohibiting catch‑up or compensatory adjustments after that date (s 10G). Even though those dates are historic, the statutory constraints apply to determinations that “come into operation” during the specified windows. Confusion can arise if a practitioner misreads these as expired or purely historical; they remain active constraints for affected determinations tied to operation dates.
Requirement to regard government fiscal documents: Section 10A requires the Tribunal to take into consideration the Public Sector Wages Policy Statement and Government financial statements when making many determinations (s 10A(2)). This gives the State a formal channel to influence determinations via its published fiscal strategy and policy statements. If a party seeks a determination diverging from fiscal policy, expect the Tribunal to address and record its reasons for departing from what s 10A requires it to consider.
Local government and entity overrides: While governing bodies traditionally set certain local government and entity remuneration, s 7A, s 7B and s 10F can shift or supersede that power. Notably s 10F(8)(a) explicitly states that while s 10F applies, a written law that provides for the entity’s governing body to set executive officer remuneration does not apply. Practitioners advising boards, CEOs or councils must check whether s 10F applies to their entity at the relevant time.
Parliamentary timing rules for entitlements: For elected Legislative Council members, s 6(5b) contains precise rules limiting entitlement to remuneration in the period before 22 May following a general election, with exceptions. The timing triggers are technical and can affect whether a newly elected member is entitled to pay for certain periods. Practitioners must locate and apply these rules to electoral timing.
Quorum, remote participation and written assent: The 2025 amendments permit remote meetings and written resolutions to have the same effect as meetings (s 9(5)-(6); s 9A). The quorum requirement is two members (s 9B). A determination or report may be made where two members assent in writing. Parties litigating the validity of a determination must check whether these procedural rules were observed, especially given the validation of some past irregularities under s 12B.
Gazette publication requirement: A determination’s legal status and notice to third parties may depend on Gazette publication (s 6(3); s 5A(7)). Failure to publish as required could affect enforceability or the public’s notice.
Regulations can carve out exceptions: The Governor may make regulations prescribing kinds or classes of remuneration to which sections of the moratorium do not apply (ss 10C(5), 10D(9), 10E(3), 10F(10)). Assume that regulations may modify the operation of these constraints in discrete classes; always check for relevant regulations.
Binding nature relative to awards and industrial agreements: Section 6(1)(e) excludes offices the remuneration for which is determined by or under any industrial award or agreement made or in force under any other law of the State. Practitioners must determine whether an office is covered by awards or agreements before assuming Tribunal jurisdiction.

These are concrete legal mechanics that affect appointment validity, payment timing, entitlement forfeiture, the role of fiscal policy documents, and procedural compliance. Missing any of these details in advice or litigation strategy can produce adverse legal and practical consequences.

This section lists practical steps for entities, public officeholders, counsel and administrators to comply with the Act’s requirements and to manage legal and administrative risk. Each step is grounded in the statutory text.

Identify coverage and determine whether an office falls within Tribunal remit:
- Consult s 6(1), ss 5A, 7, 7A, 7B, 7BAA, 7C, 7D and Schedule 2 to ascertain whether an office or person is subject to Tribunal determinations. For Government entities, refer to Schedule 2 and regulations that may prescribe additional entities (s 7BA; Schedule 2).
- If remuneration is governed by an industrial award or agreement, confirm that the office is not excluded under s 6(1)(e).
Engage with the Tribunal process when preparing submissions:
- Where an office’s remuneration is under review, prepare written submissions addressing the factors the Tribunal must consider, including job evaluation, comparability and the State’s financial documents where required (s 10(1); s 10A(2)(a)-(b)). The Tribunal must consider the Public Sector Wages Policy Statement and Government financial statements when making determinations in specified categories (s 10A(2)).
- For Governor remuneration, note the Premier’s statutory role: the Premier must request an inquiry prior to appointment and must respond to the Tribunal’s determination within 14 days, stating agreement or disagreement and recommended alterations (s 5A(1), (5)). Ensure submissions for Governor pay anticipate a Premier response.
Follow procedural formalities for determinations and meetings:
- Ensure determinations and reports produced by the Tribunal are in writing and signed by the members (s 6(2); s 5A(4)). Members may assent in writing under s 9A(2).
- Maintain accurate minutes of meetings as required by s 9(4). Remote participation counts as presence and is permitted (s 9(5)-(6)), so ensure remote meeting technology meets the “reasonably continuous” communication standard in s 9(7).
- Be aware quorum is two members (s 9B). For majority votes, the presiding member has a deliberative vote and tie votes are deferred (s 9(3)(c)-(e)).
Pay and appropriation compliance:
- Where a determination requires payment, treat it as requiring payment in accordance with the determination and charged to the Consolidated Account unless the office’s enabling law specifies another fund (s 6(4); s 5A(8)). Coordinate with Treasury and finance officers to ensure budget appropriation and payment flow are in order.
- If an entity’s governing instrument purports to set remuneration but s 10F or a Tribunal determination applies, do not attempt to pay outside the Tribunal determination while the relevant statutory override is in force (s 10F(8)(a)-(b)).
Address potential forfeiture triggers and criminal risk:
- Counsel and administrators should advise officeholders about s 6C: criminal convictions and certain sentences can disqualify individuals from receiving former office entitlements. Ensure awareness of the sentencing thresholds and Schedule 1 offences (s 6C; Schedule 1).
- If criminal proceedings are pending involving a former officeholder, consider how outcomes could affect entitlement payments and whether administrative holds or reviews are necessary.
Regulatory and Gazette monitoring:
- Regularly monitor the Government Gazette and the regulations for any prescribed classes or exceptions that affect moratorium provisions, Schedule 2 prescribability, or other regulatory adjustments (ss 10C(5), 10D(9), 10E(3), 10F(10); s 12).
- Ensure any determination or report is published in the Gazette as required and confirm publication timing to track when the determination comes into operation (s 6(3); s 5A(7)).
For local governments and Government entities:
- Local government councils and CEOs must recognise that Tribunal determinations set fees, allowances and CEO remuneration under ss 7A, 7B and 7BAA. Ensure contracts, budgets and procurement reflect Tribunal ranges and determinations.
- Boards and remuneration committees of entities in Schedule 2 should not assume unilateral power to set executive remuneration if the Tribunal has jurisdiction or while s 10F applies (s 10F(8)(a)).
Use assistance and nomination channels:
- The Minister must appoint persons nominated by the President, Speaker, Public Sector Commissioner and departmental chief executives to assist Tribunal inquiries (s 10(4)). Coordinate nominations and ensure nominees are prepared to provide required evidence or analyses.
Anticipate fiscal policy constraints:
- Where s 10A applies, incorporate the Public Sector Wages Policy Statement and Government financial documents into arguments for particular remuneration changes. Expect the Tribunal to address these documents explicitly in its reasoning.
- Prepare comparative and costings material that situates proposed remuneration within the State’s fiscal strategy language.
Manage appointment eligibility and validation issues:

When appointing or resigning members, check s 5(4) for grounds of vacancy and s 5(7) for eligibility related to remuneration. Be mindful that s 12B validates certain past appointments and acts during the validation period. For new appointments, ensure appointees are not persons whose remuneration is determined by the Tribunal where s 5(7) applies (s 5(7)). Where in doubt, seek specific advice on application of s 12B and recent 2025 amendments.
Ensure member remuneration, fees and allowances determined by the Governor are set and documented (s 5(6)).

Plan for parliamentary interactions on judicial remuneration:

For judicial remuneration reports, the Minister must lay the report before each House and Parliament has 15 sitting days to disapprove recommendations (s 7(2)-(5)). When advising the government or judicial offices, factor in the possibility of parliamentary disallowance and timing effects.

Document decisions and legal bases:

Given determinations can have retrospective consequences, keep documentary records of the Tribunal’s reasoning, the influences considered (including government financial documents), and the basis for compatibility with other laws. This documentation supports administrative transparency and prepares for any judicial review risk not barred by validation.

Check for transitional or moratorium residual effects:

Even though the moratorium in Division 4 centred on 1 July 2021, practitioners must confirm whether particular determinations fall within its reach because the Act treats determinations that “come into operation” during specific windows as subject to those constraints (ss 10C-10G). Verify whether any regulatory exemptions were made.

Legal advice and litigation readiness:

Where an adverse administrative decision, forfeiture trigger or appointment issue arises, assess whether s 12B applies and whether civil proceedings are affected by the validation clause. If judicial review is contemplated, be mindful of the validation provision’s effect on past acts and liaise promptly with counsel.

Following these steps and mapping each office or action to the precise statutory hook in the Act will reduce risk and ensure administrative and legal compliance with the Tribunal’s centralised remuneration regime.

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