Division 5 What fees, expenses and facilities may be paid or provided to councillors?

248   Fixing and payment of annual fees for councillors

(1)  A council must pay each councillor an annual fee.

(2)  A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(3)  The annual fee so fixed must be the same for each councillor.

(4)  A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

248A   Annual fees or other remuneration not to be paid during period of suspension

A council must not at any time pay any fee or other remuneration, to which a councillor would otherwise be entitled as the holder of a civic office, in respect of any period during which:

(a)  the councillor is suspended from civic office under this Act, or

(b)  the councillor’s right to be paid any fee or other remuneration is suspended under this Act,

unless another provision of this Act specifically authorises payment to be made, or specifically permits a person to authorise payment to be made, when the suspension is terminated.

249   Fixing and payment of annual fees for the mayor

(1)  A council must pay the mayor an annual fee.

(2)  The annual fee must be paid in addition to the fee paid to the mayor as a councillor.

(3)  A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(4)  A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

(5)  A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

250   At what intervals are fees to be paid?

Fees payable under this Division by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.

251   What is the consequence of paying fees?

(1)  A person is not, for the purposes of any Act, taken to be an employee of a council and is not disqualified from holding civic office merely because the person is paid a fee under this Division.

(2)  A fee paid under this Division does not constitute salary for the purposes of any Act.

252   Payment of expenses and provision of facilities

(1)  Within 5 months after the end of each year, a council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

(2)  The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

(3)  A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

(4)  A council may from time to time amend a policy under this section.

(5)  A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.

253   Requirements before policy concerning expenses and facilities can be adopted or amended

(1)  A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.

(2)  Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

(3)  Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

(4)  Within 28 days after adopting a policy or making an amendment to a policy for which public notice is required to be given under this section, a council is to forward to the Director-General:

(a)  a copy of the policy or amendment together with details of all submissions received in accordance with subsection (1), and

(b)  a statement setting out, for each submission, the council’s response to the submission and the reasons for the council’s response, and

(c)  a copy of the notice given under subsection (1).

(5)  A council must comply with this section when proposing to adopt a policy each year in accordance with section 252 (1) even if the council proposes to adopt a policy that is the same as its existing policy.

254   Decision to be made in open meeting

The council or a council committee all the members of which are councillors must not close to the public that part of its meeting at which a policy for the payment of expenses or provision of facilities is adopted or amended, or at which any proposal concerning those matters is discussed or considered.

254A   Circumstances in which annual fees may be withheld

(1)  Despite this Division, a council may resolve that an annual fee will not be paid to a councillor or that a councillor will be paid a reduced annual fee determined by the council:

(a)  for any period of not more than 3 months for which the councillor is absent, with or without leave, from an ordinary meeting or ordinary meetings of the council, or

(b)  in any other circumstances prescribed by the regulations.

Note. Section 428 (2) (f) requires a council to include, in its annual report:

•  the total amount of money expended during the year on mayoral fees and councillor fees

•  the council’s policy on the provision of facilities for, and the payment of expenses to, councillors

•  the total amount of money expended during the year on providing those facilities and paying those expenses.

(2)  Despite this Division, if a councillor is absent, with or without leave of the council, from ordinary meetings of the council for any period of more than 3 months, the council must not pay any annual fee, or part of an annual fee, to that councillor that relates to the period of absence that is in excess of 3 months.