Salaries and Allowances Tribunal Act 1975 (WA)

Western Australia Salaries and Allowances Act 1975 Western Australia Salaries and Allowances Act 1975 Contents Part I — The Tribunal Division 1 — Preliminary 1. Short title 2 2. Commencement 2 4. Terms used 2 Division 2 — Tribunal established 5. Establishment of Tribunal 4 Division 3 — Inquiries, determinations and reports 5A. Inquiry into and determination of remuneration of Governor 5 6. Other inquiries into and determinations of remuneration 7 6A. Tribunal's functions under Parliamentary Superannuation Act 1970 11 6AA. Redundancy benefits for members of Parliament 11 6B. Determinations relating to entitlements of former Premiers, Ministers and members of Parliament 12 6C. Forfeiture of former office entitlements 12 7. Inquiry into and report on judicial salaries 14 7A. Determinations as to remuneration of local government CEOs 15 7B. Determinations as to fees and allowances of local government councillors 16 7BAA. Determinations as to fees and allowances of members of local government committees 16 7BA. Term used: Government entity 17 7C. Determinations as to remuneration of executive officers of Government entities 17 7D. Determinations as to remuneration of directors of certain Government entities 18 7E. Determinations as to allowance for directors of certain GTEs: audit and risk committee members 18 8. Tribunal to report and make a determination annually 19 9. Meetings of Tribunal 20 10. Method of inquiry by Tribunal 20 10A. Tribunal to have regard to government financial matters 23 Division 4 — No remuneration increases before 1 July 2021 10B. Term used: commencement day 25 10C. No increases in Governor's remuneration before 1 July 2021 25 10D. No increases in remuneration under s. 6 before 1 July 2021 26 10E. No increases in judicial remuneration before 1 July 2021 28 10F. No increases in remuneration of certain executive officers of Government entities before 1 July 2021 28 10G. Compensatory and catch-up determinations after 1 July 2021 prohibited 30 Division 5 — Miscellaneous 11. Fees and allowances 31 Part IA — General 11A. Arrangements for payment of travelling expenses by Treasurer 32 12. Regulations 33 Schedule 1 — Offences Schedule 2 — Entities that may be prescribed as Government entities and their executive officers Notes Compilation table 38 Uncommenced provisions table 42 Other notes 43 Defined terms Western Australia Salaries and Allowances Act 1975 An Act to establish a Tribunal to determine or report upon the remuneration to be paid or provided to the Governor and to holders of ministerial, parliamentary, judicial and certain other public offices, to determine certain matters relating to the superannuation of members of Parliament, to repeal the Parliamentary Salaries and Allowances Act 1967 1, to authorise the making of arrangements for the payment of certain travelling expenses, and for incidental and other purposes. [Long title amended: No. 34 of 1980 s. 2; No. 58 of 1986 s. 14; No. 19 of 1989 s. 7; No. 68 of 1992 s. 4(3).] Part I — The Tribunal Division 1 — Preliminary [Heading inserted: No. 1 of 2018 s. 4.] 1. Short title This Act may be cited as the Salaries and Allowances Act 1975. [Section 1 amended: No. 34 of 1980 s. 3.] 2. Commencement (1) Subject to subsection (2) this Act shall come into operation on the date on which this Act receives the Royal Assent. (2) Section 13 shall come into operation on the date on which the first determination made under section 6 comes into operation. [3. Deleted: No. 58 of 1986 s. 15.] 4. Terms used (1) In this Act, unless the contrary intention appears — Chairman means Chairman of the Tribunal and includes a member appointed to act temporarily in place of the Chairman under the Interpretation Act 1984 section 52; GTE has the meaning given in the Government Trading Enterprises Act 2023 section 3(1); member means a member of the Tribunal and includes a person appointed to act temporarily in place of a member under the Interpretation Act 1984 section 52; Minister of the Crown means a person who holds any of the principal executive offices of the Government liable to be vacated on political grounds that are referred to in section 43 of the Constitution Acts Amendment Act 1899; remuneration includes salary, allowances, fees, emoluments and benefits (whether in money or not); section means section of this Act; Tribunal means the Tribunal established by section 5. (2) For the purposes of this Act a person is an officer of Parliament if he is the holder for the time being of the office of — (a) President of the Legislative Council; (b) Speaker of the Legislative Assembly; (c) Chairman and deputy of Committees in either House; (d) Leader of the Opposition in the Legislative Council; (e) Leader of the Opposition in the Legislative Assembly; (f) Deputy Leader of the Opposition in the Legislative Assembly; (g) Government Whip in the Legislative Council; (h) Opposition Whip in the Legislative Council; (i) Government Whip in the Legislative Assembly; (j) Opposition Whip in the Legislative Assembly; (k) the person who not being a Minister of the Crown is the leader in the Parliament of a party of at least 5 members of Parliament other than a party whose leader is the Premier or the Leader of the Opposition; (l) the person who is the Whip in the Legislative Council or the Legislative Assembly of a party of at least 7 members other than a party whose leader is the Premier or the Leader of the Opposition and the first mentioned party in the case of the Whip in the Legislative Council has 7 members or more in that House or in the case of the Whip in the Legislative Assembly has 7 or more members in that House. [Section 4 amended: No. 78 of 1984 s. 20; No. 34 of 1986 s. 4; No. 19 of 1989 s. 8; No. 38 of 1990 s. 7; No. 68 of 1992 s. 4(1) and (2); No. 56 of 2006 s. 6; No. 46 of 2016 s. 4; No. 13 of 2023 s. 248.] Division 2 — Tribunal established [Heading inserted: No. 1 of 2018 s. 5.] 5. Establishment of Tribunal (1) For the purposes of this Act there is hereby established a Tribunal to be known as the Salaries and Allowances Tribunal. (2) The Tribunal shall consist of 3 members appointed by the Governor. (3) Subject to this Act a member shall hold office for a period of 3 years, but a member appointed on the occasion when the Tribunal is first constituted shall hold office for such period not exceeding 3 years as is specified in his instrument of appointment, and any member is eligible for reappointment. (4) If a member — (a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (b) becomes permanently incapable of performing his duties as a member; or (c) resigns his office by writing under his hand addressed to the Governor, the office of that member becomes vacant. (5) Where the office of a member has become vacant by virtue of subsection (4), the Governor may appoint a person to the vacant office for the unexpired part of the term of the office which so became vacant. (6) A member shall be paid such fees and allowances as are determined from time to time by the Governor. (7) A person shall not be appointed as a member if he is a person whose remuneration is determined or reported upon by the Tribunal under this Act. (8) The Governor shall appoint one of the members to be the Chairman of the Tribunal. [Section 5 amended: No. 63 of 1978 s. 2; No. 42 of 1997 s. 8; No. 18 of 2009 s. 78.] Division 3 — Inquiries, determinations and reports [Heading inserted: No. 1 of 2018 s. 6.] 5A. Inquiry into and determination of remuneration of Governor (1) The Premier shall, before an appointment is made to the office of Governor, request the Tribunal to inquire into, and determine, the remuneration to be paid to the Governor. (2) The Tribunal shall, on receiving a request made under subsection (1), comply with that request. (3) The Tribunal may, in complying with a request made under subsection (1), in its determination specify a method of altering from time to time the remuneration payable to the Governor during the subsistence of the appointment referred to in that subsection. (4) A determination made by the Tribunal under this section shall — (a) be in writing; and (b) be signed by the members; and (c) come into operation, or be deemed to have come into operation, on the day on which the appointment referred to in subsection (1) is made. (5) The Tribunal shall cause one copy of each determination made under this section to be given to the Premier who shall, not later than 14 days from the date on which the Premier receives the determination, inform the Tribunal that he agrees or does not agree with that determination and, where he does not agree, set out the grounds for his disagreement and recommendations as to the alterations that he believes should be made. (6) The Tribunal, having considered the Premier's recommendations following his disagreement with the determination, shall either amend the determination or reaffirm the determination. (7) The text of the determination as finally settled shall be published in the Gazette. (8) Any remuneration payable under, or under any method of alteration specified in, any determination made under this section shall, notwithstanding any other written law, be paid in accordance with that determination out of the Consolidated Account, which is appropriated accordingly. (9) The remuneration payable under a determination which has come into operation under this section in respect of a particular appointment to the office of Governor shall not, subject to any alteration effected under any method of alteration specified in that determination, be altered while that appointment subsists. (10) Notwithstanding anything in this section, the Tribunal shall forthwith on the coming into operation of section 9 of the Acts Amendment (Remuneration of Governor) Act 1989 proceed to inquire into, and determine, the remuneration to be paid to the Governor and this section shall apply to and in relation to that determination as if that determination had been made in compliance with a request made under subsection (1). [Section 5A inserted: No. 19 of 1989 s. 9; amended: No. 77 of 2006 s. 4.] 6. Other inquiries into and determinations of remuneration (1) The Tribunal shall, from time to time as provided by this Act, inquire into, and determine, the remuneration to be paid or provided to — (a) Ministers of the Crown and the Parliamentary Secretary of the Cabinet; and (ab) subject to section 44A(4) and (5) of the Constitution Acts Amendment Act 1899, a Parliamentary Secretary appointed under section 44A(1) of that Act; and (b) officers and members of the Parliament including additional remuneration to be paid or provided to a member, other than an officer, of Parliament who is the Chairman, Deputy Chairman or a member of a standing committee of a House or a joint standing committee of both Houses; and (c) Clerk of the Legislative Council or Clerk of the Legislative Assembly or the Deputy Clerk of either House; and (d) officers of the Public Service holding offices included in the Special Division of the Public Service; and (ea) a person holding any of the following offices — (i) member of the Council of Curtin University; (ii) member of the Kalgoorlie Campus Council of Curtin University; (iii) member of the Council of Edith Cowan University; (iv) member of the ECU South West Campus (Bunbury) Advisory Board of Edith Cowan University; (v) member of the Advisory Board of the Academy of Edith Cowan University; (vi) member of the Senate of Murdoch University; (vii) member of the Senate of the University of Western Australia; and (e) a person holding any other office of a full‑time nature, created or established under a law of the State, that is prescribed for the purposes of this section, but not being an office the remuneration for which is determined by or under any industrial award or agreement made or in force under any other law of the State. (2) A determination of the Tribunal — (a) shall be in writing; and (b) shall be signed by the members; and (c) shall come into operation, or shall be deemed to have come into operation, on such date as is specified therein. (3) A copy of every determination made by the Tribunal, shall be published in the Government Gazette. (4) Any remuneration which is payable pursuant to a determination shall, notwithstanding the provisions of any other law of the State, be paid in accordance with the determination and charged to the Consolidated Account, which is appropriated accordingly, or, where the law creating an office to which a determination applies provides for the remuneration of the holder of the office to be paid from some other fund or source, out of that fund or source. (5) Except where the Tribunal otherwise determines, a member of the Legislative Assembly who ceases to be a member thereof by reason of the dissolution of that House or the expiry thereof by effluxion of time shall nevertheless be deemed for the purposes of this Part and the provisions of any determination to have continued to have been such a member until the day fixed for the taking of the poll next following the dissolution or expiry. (5a) Notwithstanding any other provision of this Act or any determination, where a person elected as a member of Parliament is a person to whom section 36 or section 37 of the Constitution Acts Amendment Act 1899 applies, that person shall not be entitled to any remuneration as such a member in respect of any period for which he remains a person to whom that section applies. (5b) Notwithstanding any other provision of this Act or any determination — (a) a person elected as a member of the Legislative Council at a general election shall not be entitled to any remuneration as such a member in respect of any period before 22 May next following the general election unless that person was a member of the Legislative Council immediately before the general election or is declared elected under section 156D of the Electoral Act 1907 to complete the unexpired portion of a term of office ending on that 22 May; and (b) where an election held as part of a general election for the Legislative Council fails wholly or partially or is declared to be absolutely void and an election held by reason of that failure or declaration (the fresh election) is held before 22 May next following the general election, a person elected as a member of the Legislative Council at the fresh election shall not be entitled to any remuneration as such a member in respect of any period before that 22 May unless that person was a member of the Legislative Council immediately before the fresh election or is declared elected under section 156D of the Electoral Act 1907 to complete the unexpired portion of a term of office ending on that 22 May. (6) Notwithstanding any other provision of this Act, where any provision of a determination dealing with the payment of electorate allowances or other allowances to members of Parliament which vary according to the electoral district of a member becomes inapplicable, or, in the opinion of the Chairman, inequitable as a consequence of a subsequent division of the State into electoral districts, the Chairman may without further authority than this subsection alter the determination in that regard to such extent as he thinks necessary for that purpose, and any variation of the determination shall be published in the Government Gazette. (7) Where a member of Parliament (not being a Minister of the Crown, a Parliamentary Secretary appointed under section 44A(1) of the Constitution Acts Amendment Act 1899, or the Parliamentary Secretary of the Cabinet) travels in this State or elsewhere in order to perform any duty or function as a representative of the Government or of a Minister of the Crown — (a) he is not entitled to have his fares for that travel paid by the State, or to receive reimbursement from the State in respect of those fares, unless that payment or reimbursement is made — (i) with the written approval of the Treasurer; or (ii) under arrangements made under section 11A(1); (b) he is not entitled to receive any remuneration from the State in respect of accommodation or other expenses incurred in the course of or in connection with that travel other than an allowance payable in accordance with a determination made by the Tribunal. (8) Where a payment or reimbursement in respect of the fares of a member of Parliament is made with the approval of the Treasurer as referred to in subsection (7)(a)(i), no payment or reimbursement shall be made in respect of those fares under arrangements made under section 11A(1), but that payment or reimbursement shall not be regarded as being in satisfaction of any part of the entitlements of the member under those arrangements. [Section 6 amended: No. 33 of 1979 s. 2; No. 34 of 1980 s. 5; No. 78 of 1984 s. 21; No. 40 of 1987 s. 104; No. 38 of 1990 s. 8; No. 49 of 1991 s. 3; No. 68 of 1992 s. 4(3) and 5; No. 6 of 1993 s. 11; No. 1 of 1995 s. 37; No. 49 of 1996 s. 64; No. 36 of 2000 s. 57; No. 22 of 2001 s. 3; Gazette 15 Aug 2003 p. 3691; Act No. 1 of 2005 s. 10(2); No. 56 of 2006 s. 7; No. 77 of 2006 s. 4; No. 32 of 2016 s. 192; No. 20 of 2021 s. 96(2).] 6A. Tribunal's functions under Parliamentary Superannuation Act 1970 (1) The Tribunal shall from time to time, as it sees fit, inquire into and determine, for the purposes of the Parliamentary Superannuation Act 1970, any matter that under that Act is to be determined by the Tribunal. (2) Section 6(2) and (3) apply to a determination under this section. [Section 6A inserted: No. 37 of 2000 s. 20.] 6AA. Redundancy benefits for members of Parliament (1) The Tribunal may inquire into and determine the entitlements and benefits to be paid or provided to a member of Parliament if the member ceases to be a member. (2) The Tribunal shall make such an inquiry and determination if the Tribunal makes a determination under section 28 of the Parliamentary Superannuation Act 1970 that benefits shall not be payable until a former member attains an age specified by the Tribunal in its determination. (3) Section 6(2) and (3) apply to a determination under this section. (4) Any amount payable in accordance with a determination under this section shall be charged to the Consolidated Account which is appropriated accordingly. [Section 6AA inserted: No. 37 of 2000 s. 20; amended: No. 77 of 2006 s. 4.] 6B. Determinations relating to entitlements of former Premiers, Ministers and members of Parliament (1) The Tribunal shall from time to time, as it sees fit, inquire into and determine the entitlements and benefits to be paid or provided to former Premiers of the State, former Ministers of the Crown and former members of the Legislative Assembly or Legislative Council of the State. (2) Section 6(2) and (3) apply in relation to a determination under this section. (3) Any amount that is payable in accordance with a determination under this section shall be charged to the Consolidated Account which is appropriated accordingly. [Section 6B inserted: No. 13 of 1987 s. 3; amended: No. 6 of 1993 s. 11; No. 73 of 1994 s. 4; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.] 6C. Forfeiture of former office entitlements (1) In this section — former office entitlement means an entitlement or benefit that a person would be entitled to receive in accordance with a determination under section 6B if this section did not apply; holding public office means being the Premier of the State, a Minister of the Crown, or a member of the Legislative Assembly or Legislative Council of the State; Schedule 1 offence means an offence prescribed in Schedule 1 or an offence that, in a particular case, is determined under subsection (2) to be a Schedule 1 offence. (2) A court convicting a person of an offence that the person committed while holding public office may, if it considers that the person's holding public office was in any way relevant to the commission of the offence and the gravity of the offence warrants the determination, determine that, for the purposes of this section, the offence was a Schedule 1 offence even though it is not prescribed in Schedule 1. (3) A person is disqualified from receiving any former office entitlement if — (a) the person is sentenced to imprisonment upon conviction of any offence other than for a term of less than 12 months; or (b) the person is convicted of a Schedule 1 offence that the person committed while holding public office. (4) A former office entitlement is not to be paid or provided to a person who is disqualified under this section from receiving it except to the extent that the entitlement arose before the person was disqualified and related to a time before the person was disqualified or to anything done before the person was disqualified. (5) The person ceases to be disqualified and the former office entitlement is restored with effect from the time when the person became disqualified if — (a) the person's conviction is quashed; or (b) if the offence was not a Schedule 1 offence that the person committed while holding public office, the sentence is quashed — (i) without substituting for it another sentence of imprisonment; or (ii) substituting for it a sentence of imprisonment for a term ending less than 12 months after the person began serving the sentence quashed. [Section 6C inserted: No. 45 of 1995 s. 4 2.] 7. Inquiry into and report on judicial salaries (1) Subject to section 5(1) and (1b) of the Judges' Salaries and Pensions Act 1950 and section 12(3a) of the District Court of Western Australia Act 1969, the Tribunal shall, from time to time as provided by this Act, inquire into, and report to the Minister on, the question whether any alterations are desirable in the remuneration to be paid or provided to judges, District Court judges, masters of the Supreme Court and magistrates and the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003, and if the Tribunal reports that any such alterations are desirable it shall, in its report, recommend the nature and extent of the alterations that should be made. (2) The report of the Tribunal — (a) shall be in writing; and (b) shall be signed by the members; and (c) shall be furnished to the Minister. (3) A copy of every report made by the Tribunal under this section shall be laid before each House of Parliament within 5 sitting days of that House after the report is received by the Minister. (4) Except as provided in subsection (5), a recommendation contained in a report made by the Tribunal under this section shall come into operation or shall be deemed to have come into operation on such date as is specified in the report of the Tribunal, and for that purpose the provisions of section 6(4) apply to and in relation to any remuneration recommended to be payable in such a report as if it were remuneration payable pursuant to a determination made under section 6. (5) Subject to subsection (6) if either House of Parliament, within 15 sitting days of that House after a copy of a report has been laid before that House pursuant to subsection (3), passes a resolution disapproving a recommendation made by the Tribunal, then — (a) if the recommendation has not yet come into operation — the recommendation shall not come into operation; (b) if the recommendation has come into operation — the recommendation shall cease to have any force or effect in respect of any period commencing on or after the day on which the resolution is passed. (6) For the purposes of applying the provisions of subsection (5) to the report made by the Tribunal and tabled in each House of Parliament on 16 October 1975, the reference in that subsection to "within 15 sitting days of that House after a copy of a report has been laid before that House" shall be construed as a reference to within 15 sitting days of that House after 7 November 1975. [Section 7 amended: No. 89 of 1975 s. 3; No. 33 of 1979 s. 3; No. 34 of 1980 s. 6; No. 68 of 1992 s. 4(3) and 6; No. 14 of 1994 s. 20; No. 29 of 1996 s. 26; No. 23 of 1997 s. 19; No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2); No. 45 of 2004 s. 37; No. 8 of 2009 s. 114; No. 35 of 2014 s. 39.] 7A. Determinations as to remuneration of local government CEOs (1) The Tribunal is to, from time to time as provided by this Act, inquire into and determine, the amount of remuneration, or the minimum and maximum amounts of remuneration, to be paid or provided to chief executive officers of local governments. (2) Section 6(2) and (3) apply to a determination under this section. [Section 7A inserted: No. 2 of 2012 s. 38.] 7B. Determinations as to fees and allowances of local government councillors (1) In this section — elected council member means a person elected under the Local Government Act 1995 as a member of the council of a local government. (2) The Tribunal is to, from time to time as provided by this Act, inquire into and determine — (a) the amount of fees, or the minimum and maximum amounts of fees, to be paid under the Local Government Act 1995 to elected council members for attendance at meetings; and (b) the amount of expenses, or the minimum and maximum amounts of expenses, to be reimbursed under the Local Government Act 1995 to elected council members; and (c) the amount of allowances, or the minimum and maximum amounts of allowances, to be paid under the Local Government Act 1995 to elected council members. (3) Section 6(2) and (3) apply to a determination under this section. [Section 7B inserted: No. 2 of 2012 s. 39.] 7BAA. Determinations as to fees and allowances of members of local government committees (1) In this section — committee member has the meaning given in the Local Government Act 1995 section 5.100(1). (2) The Tribunal must, from time to time as provided by this Act, inquire into and determine — (a) the amount of fees, or the minimum and maximum amounts of fees, to be paid under the Local Government Act 1995 to committee members for attendance at meetings; and (b) the amount of expenses, or the minimum and maximum amounts of expenses, to be reimbursed under the Local Government Act 1995 to committee members. (3) Section 6(2) and (3) apply to a determination under this section. [Section 7BAA inserted: No. 11 of 2023 s. 105.] 7BA. Term used: Government entity In sections 7C and 7D — Government entity means an entity — (a) that is described in column 1 of Schedule 2; and (b) that is not prescribed by the regulations for the purposes of this paragraph. [Section 7BA inserted: No. 13 of 2023 s. 249.] 7C. Determinations as to remuneration of executive officers of Government entities (1) In this section — executive officer, of an entity described in column 1 of Schedule 2, means a person whose office — (a) is described in column 2 of Schedule 2 for the entity, other than as that of director of the entity; and (b) is not prescribed by the regulations for the purposes of this paragraph; (2) The Tribunal must, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to executive officers of Government entities. (3) Section 6(2) and (3) apply to a determination under subsection (2). (4) However, a person who holds an office described in column 2 of Schedule 2 for an entity immediately before the day on which the entity is described in column 1 of Schedule 2 must be treated, for the purposes of subsection (2), as if they were not an executive officer of the entity during the balance of the person's term of office that remained immediately before that day. [Section 7C inserted: No. 13 of 2023 s. 249.] 7D. Determinations as to remuneration of directors of certain Government entities (1) In this section — director, of an entity described in column 1 of Schedule 2, means a person whose office — (a) is described in column 2 of Schedule 2 for the entity as that of director of the entity; and (b) is not prescribed by the regulations for the purposes of this paragraph. (2) The Tribunal must, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to directors of Government entities. (3) Section 6(2) and (3) apply to a determination under subsection (2). [Section 7D inserted: No. 13 of 2023 s. 249.] 7E. Determinations as to allowance for directors of certain GTEs: audit and risk committee members (1) For the purposes of the Government Trading Enterprises Act 2023 section 27(2), the Tribunal must, from time to time as provided by this Act, inquire into and determine the allowance to be paid or provided to members of audit and risk management committees of GTEs who are also directors of the GTE concerned. (2) The allowance must be the same for all such members for a particular GTE, other than for the chair of the committee. (3) Section 6(2) and (3) apply to a determination under subsection (1). [Section 7E inserted: No. 13 of 2023 s. 249.] 8. Tribunal to report and make a determination annually (1) The Tribunal shall ensure that — (a) not more than a year elapses between one determination under section 6(1) in respect of an office or other position referred to in that subsection and another; and (b) not more than a year elapses between one report under section 7(1) and another; and (c) not more than a year elapses between one determination under section 7A and another; and (d) not more than a year elapses between one determination under section 7B(2) and another; and (da) not more than a year elapses between one determination under section 7BAA(2) and another; and (e) not more than a year elapses between one determination under section 7C(2) and another; and (f) not more than 4 years elapse between one determination under section 7D(2) and another; and (g) not more than 4 years elapse between one determination under section 7E(1) and another. (2) Despite subsection (1) — (a) the Tribunal is not required to make an annual determination under section 6(1), or an annual report under section 7(1), before 1 July 2021; and (b) the Tribunal must not make a determination under section 7C(2) that comes into operation while section 10F applies. (3) Subsection (2)(a) does not prevent the Tribunal from making a determination or report referred to in that subsection if the Tribunal considers the circumstances require it. [Section 8 inserted: No. 37 of 2000 s. 21; amended: No. 49 of 2004 s. 13; No. 2 of 2012 s. 40; No. 46 of 2016 s. 6; No. 1 of 2018 s. 7; No. 13 of 2023 s. 250; No. 11 of 2023 s. 106.] 9. Meetings of Tribunal (1) The Chairman may convene meetings of the Tribunal and shall preside at all meetings of the Tribunal at which he is present. (2) In the event of the absence of the Chairman from a meeting — (a) another member nominated by the Chairman for that purpose shall preside; or (b) if another member has not been so nominated by the Chairman, another member nominated by the Minister for that purpose shall preside. (3) At a meeting of the Tribunal — (a) the procedure shall be as determined by the Tribunal; and (b) 2 members constitute a quorum; and (c) all questions shall be decided by a majority of the votes of the members present and voting; and (d) the member presiding has a deliberative vote; and (e) in the event of an equality of votes being cast on any question, the question shall be deferred until a subsequent meeting of the Tribunal. 10. Method of inquiry by Tribunal (1) In the performance of the functions of the Tribunal — (a) the Tribunal may inform itself in such manner as it thinks fit; and (b) the Tribunal may receive written or oral statements; and (c) the Tribunal is not required to conduct any proceeding in a formal manner; and (d) the Tribunal is not bound by the rules of evidence. (2) For the purposes of the exercise and performance of its powers and functions under this Act, the Tribunal has all the powers, rights and privileges that are specified in the Royal Commissions Act 1968, as appertaining to a Royal Commission and the provisions of that Act have effect as if they were enacted in this Act and in terms made applicable to the Tribunal. (3) The Minister may, if he thinks fit, appoint a person or persons to assist the Tribunal in an inquiry. (4) Without limiting the provisions of subsection (3) the Minister shall — (a) appoint a person nominated from time to time in writing by the President of the Legislative Council and the Speaker of the Legislative Assembly to assist the Tribunal in an inquiry in so far as it relates to the remuneration of Ministers of the Crown, a Parli