Salaries and Allowances Amendment Act 2025
Salaries and Allowances Amendment Act 2025
Western Australia
Salaries and Allowances Amendment Act 2025
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Salaries and Allowances Act 1975 amended
3.Act amended3
4.Section 4 amended3
5.Section 5 amended3
6.Section 5A amended4
7.Section 6 amended5
8.Section 9 amended6
9.Sections 9A and 9B inserted7
9A.Resolution without meeting7
9B.Quorum8
10.Section 10 amended8
11.Section 11A amended8
12.Parts 1B and 1C inserted9
Part 1B — Transitional provisions
12A.Transitional provisions for Salaries and Allowances Amendment Act 20259
Part 1C — Validation
12B.Validation provisions relating to s. 5(7)10
Part 3 — Constitution Acts Amendment Act 1899 amended
13.Act amended12
14.Schedule V amended12
Salaries and Allowances Amendment Act 2025
An Act to amend the Salaries and Allowances Act 1975 and to make a consequential amendment to the Constitution Acts Amendment Act 1899.
[Assented to 19 June 2025]
The Parliament of Western Australia enacts as follows:
This is the Salaries and Allowances Amendment Act 2025.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on the day after that day.
Part 2 — Salaries and Allowances Act 1975 amended
This Part amends the Salaries and Allowances Act 1975.
(1)In section 4(1) delete the definition of Chairman.
(2)In section 4(1) insert in alphabetical order:
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;
(3)In section 4(2) delete “he” and insert:
the person
(1)Delete section 5(3) and insert:
(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.
(2)In section 5(4)(b) and (c) delete “his” (each occurrence) and insert:
their
(3)Delete section 5(5).
(4)In section 5(7) delete “he is” and insert:
they are
(5)In section 5(8) delete “Chairman” and insert:
Chairperson
(1)In section 5A(5):
(a)delete “he” (1st and 2nd occurrences) and insert:
the Premier
(b)delete “his” and insert:
the Premier’s
(c)delete “he” (3rd occurrence) and insert:
the Premier
(2)In section 5A(6) delete “his” and insert:
the Premier’s
(1)In section 6(5a) delete “he remains” and insert:
they remain
(2)In section 6(6):
(a)delete “Chairman,” and insert:
Chairperson,
(b)delete “Chairman may” and insert:
Chairperson may
(c)delete “he” and insert:
the Chairperson
(3)In section 6(7):
(a)in paragraph (a) delete “he is not entitled to have his” and insert:
the member of Parliament is not entitled to have their
(b)in paragraph (b) delete “he” and insert:
the member of Parliament
(1)In section 9(1):
(a)delete “Chairman” and insert:
Chairperson
(b)delete “he” and insert:
the Chairperson
(2)In section 9(2):
(a)delete “Chairman from” and insert:
Chairperson from
(b)in paragraph (a) delete “Chairman” and insert:
Chairperson
(c)in paragraph (b) delete “Chairman,” and insert:
Chairperson,
(3)Delete section 9(3)(b).
(4)After section 9(3) insert:
(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
(c)by a mix of those 2 ways of meeting.
(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.
After section 9 insert:
(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.
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).
In section 10(3) delete “he” and insert:
the Minister
(1)In section 11A(1)(c) delete “him” and insert:
that member of Parliament
(2)In section 11A(4) delete “him” and insert:
the person
After Part IA insert:
Part 1B — Transitional provisions
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.
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.
Part 3 — Constitution Acts Amendment Act 1899 amended
This Part amends the Constitution Acts Amendment Act 1899.
In Schedule V Part 1 Division 1 in the item relating to the Salaries and Allowances Tribunal delete “Chairman” and insert:
Chairperson
© State of Western Australia 2025. 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. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer