Remuneration Act 1990 (SA)

South Australia Remuneration Act 1990 An Act to establish a tribunal to determine the remuneration payable to members of the judiciary and the remuneration or part of the remuneration payable in respect of certain other offices; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Remuneration Tribunal Division 1—Establishment of Tribunal 4 Establishment of Tribunal 5 Membership of Tribunal 6 Terms and conditions on which members hold office 7 Remuneration of members Division 2—Procedures and powers of Tribunal 8 Sittings of Tribunal 9 Constitution of Tribunal etc 10 Evidence and submissions 11 Tribunal to have powers of a Royal Commission 12 Tribunal may determine its own procedure Part 3—Determination of remuneration 13 Determination of remuneration of judges, magistrates and certain others 14 Additional jurisdiction as conferred by other Acts or by proclamation 15 Tribunal to have regard to principle of judicial independence 16 Report etc 17 Retroactive operation of determinations 18 Determinations not to be subject to appeal 19 Effect of determinations Part 4—Miscellaneous 20 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Remuneration Act 1990. 3—Interpretation In this Act— remuneration includes— (a) salary; and (b) allowances; and (c) expenses; and (d) fees; and (e) any other benefit of a pecuniary nature; the Tribunal means the Remuneration Tribunal established under Part 2.

Part 2—Remuneration Tribunal Division 1—Establishment of Tribunal 4—Establishment of Tribunal The Remuneration Tribunal is established. 5—Membership of Tribunal (1) The Tribunal is to consist of three members appointed by the Governor on the nomination of the Minister. (2) The Minister must, in choosing nominees for appointment under this section, exclude from consideration any person whose own remuneration could be affected directly or indirectly by a determination of the Tribunal. (3) One member of the Tribunal must be appointed by the Governor to be the President of the Tribunal. (4) The validity of a determination of the Tribunal is not affected by an irregularity in the nomination or appointment of a member of the Tribunal. 6—Terms and conditions on which members hold office (1) A member of the Tribunal may be appointed for a term of office (not exceeding seven years) specified in the instrument of appointment. (2) A person who has completed a term of office as a member of the Tribunal is eligible for reappointment. (3) The Governor may remove a member of the Tribunal from office on the ground of misconduct or neglect of duty. (4) The office of a member of the Tribunal becomes vacant if the member— (a) dies; (b) completes a term of office; (c) is appointed to an office in relation to which the Tribunal has jurisdiction to make a determination under this Act; (d) resigns by notice in writing addressed to the Minister; (e) becomes mentally or physically incapable of satisfactorily carrying out the duties of the office; (f) is removed from office under subsection (3). 7—Remuneration of members A member of the Tribunal is entitled to such remuneration as is determined by the Governor.