Division 4 Local Government Remuneration Tribunal
235 Local Government Remuneration Tribunal
There is established by this Act a tribunal to be known as the
Local Government Remuneration Tribunal.
(1) For the purposes of this Part, there are to be 2 assessors:
(a) one of whom is to be the Director-General, and
(b) the other of whom is to be a person appointed by the Governor on
the nomination of the Minister, being a person who has, in the
Minister’s opinion, special knowledge of the system of local government
in New South Wales.
(2) The Remuneration Tribunal, in exercising the Remuneration
Tribunal’s functions is:
(a) to be assisted by the assessors, and
(b) to take into consideration the views and recommendations tendered
by the assessors.
237 Provisions relating to the appointment, term of office
and remuneration of the Remuneration Tribunal and assessors
Schedule 1 has effect with respect to the Remuneration Tribunal
and the assessors.
238 Functions of the Remuneration Tribunal
(1) The Remuneration Tribunal has the functions conferred or imposed
on the Remuneration Tribunal by or under this Act.
(2) In addition, the Remuneration Tribunal has such functions as may
be conferred or imposed on the Remuneration Tribunal by the
239 Categorisation of councils and mayoral offices
(1) The Remuneration Tribunal must, at least once every 3
(a) determine categories for councils and mayoral offices,
(b) place each council and mayoral office into one of the categories
it has determined.
(2) The determination of categories by the Remuneration Tribunal is
for the purpose of enabling the Remuneration Tribunal to determine the maximum
and minimum amounts of fees to be paid to mayors and councillors in each of
the categories so determined.
240 How are the categories to be determined?
(1) The Remuneration Tribunal is to determine categories for councils
and mayoral offices according to the following matters:
• the size of areas
• the physical terrain of areas
• the population of areas and the distribution of the
• the nature and volume of business dealt with by each
• the nature and extent of the development of
• the diversity of communities served
• the regional, national and international significance of the
• such matters as the Remuneration Tribunal considers relevant to
the provision of efficient and effective local government
• such other matters as may be prescribed by the
(2) In the application of this section to county councils, the
categories of county councils are to be determined having regard also to the
functions of county councils.
241 Determination of fees
The Remuneration Tribunal must, not later than 1 May in each year,
determine, in each of the categories determined under section 239, the maximum
and minimum amounts of fees to be paid during the following year to
councillors (other than mayors) and mayors.
242 Special determinations
(1) The Minister may direct the Remuneration Tribunal to make a
determination as to whether, and (if so) how, a determination already made
should be altered in relation to such councillors or mayors as are specified
in the direction.
(2) Such a determination must be made before the date specified for
the purpose in the Minister’s direction.
(3) In making the determination, the Remuneration Tribunal is to take
into consideration such matters as are specified in the Minister’s
direction and such other matters as the Remuneration Tribunal thinks
242A Tribunal to give effect to declared government policy on
remuneration for public sector staff
(1) In making a determination, the Remuneration Tribunal is to give
effect to the same policies on increases in remuneration as those that the
Industrial Relations Commission is required to give effect to under section
146C of the Industrial Relations Act
1996 when making or varying awards or orders relating to the
conditions of employment of public sector
(2) The policies referred to in subsection (1) do not include any
policy that provides for increases in remuneration based on employee-related
(1) Before making a determination, the Remuneration Tribunal may make
such inquiry as the Remuneration Tribunal thinks
(2) In exercising a function, the Remuneration Tribunal:
(a) may obtain and assess information in such manner as the
Remuneration Tribunal thinks fit, and
(b) may receive written or oral submissions, and
(c) is not required to conduct any proceedings in a formal manner,
(d) is not bound by the rules of evidence.
244 Reports of the Remuneration Tribunal
(1) The Remuneration Tribunal must, within 7 days after making a
determination under section 239, make a report to the Minister of the
(2) The Remuneration Tribunal must, not later than 1 May in each year,
make a report to the Minister of the determination made under section
(3) The Remuneration Tribunal must, within 7 days after making a
determination under section 242, make a report to the Minister of the
245 Publication and tabling of reports
(1) The report of a determination of the Remuneration Tribunal
(a) be published in the Gazette as soon as practicable after the
report is received by the Minister, and
(b) be laid before each House of Parliament within 14 sitting days of
that House after the day on which it is so
(2) Failure to lay a report before each House of Parliament in
accordance with this section does not affect the validity of a determination,
but the report must nevertheless be laid before each
246 Effect of determination
A determination of the Remuneration Tribunal may not be
challenged, reviewed, quashed or called into question before any court in any
legal proceedings, or restrained, removed or otherwise affected by proceedings
in the nature of prohibition, mandamus, certiorari or
247 Assistance for the Remuneration Tribunal
The Minister is to make available to the Remuneration Tribunal
such Public Service employees as may be necessary to assist the Remuneration
Tribunal in the exercise of the Remuneration Tribunal’s