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 Minister.
239 Categorisation of councils and mayoral offices
(1) The Remuneration Tribunal must, at least once every 3 years:
(a) determine categories for councils and mayoral offices, and
(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 population
• the nature and volume of business dealt with by each council
• the nature and extent of the development of areas
• the diversity of communities served
• the regional, national and international significance of the council
• 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 regulations.
(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 fit.
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 employees.
(2) The policies referred to in subsection (1) do not include any policy that provides for increases in remuneration based on employee-related savings.
(1) Before making a determination, the Remuneration Tribunal may make such inquiry as the Remuneration Tribunal thinks necessary.
(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, and
(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 determination.
(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 241.
(3) The Remuneration Tribunal must, within 7 days after making a determination under section 242, make a report to the Minister of the determination.
245 Publication and tabling of reports
(1) The report of a determination of the Remuneration Tribunal must:
(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 published.
(2) Failure to lay a report before each House of Parliament in accordance with this section does not affect the validity of a determination, but the report must nevertheless be laid before each House.
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 otherwise.
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 functions.