Bills

Constitution (Governor's Salary) Amendment Bill

Introduction and First Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (15:48): Obtained leave and introduced a bill for an act to amend the Constitution Act 1934. Read a first time.

Second Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (15:48): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Governor of South Australia holds the most significant office in the State. The Governor's office is established under the Letters Patent and the Constitution Act 1936 ('the Act') declaring the role of the Governor as the representative of the Sovereign Head of the Commonwealth, responsible for exercising virtually all of the Sovereign Head's powers in respect of the State. The Governor is appointed by the Sovereign Head on advice of the South Australian Premier.

The Act allows for the provision of a salary to be paid to the Governor by the Treasurer whilst holding the office of Governor.

Unlike all other significant office holders in the State, including members of the Judiciary and the Legislature, the Governor's salary is not determined by the South Australian Remuneration Tribunal. It is dealt with solely by the Act.

The officers referred to the Remuneration Tribunal have the benefit of establishing appropriate salary arrangements including superannuation and salary sacrificing. The Governor does not.

The current legislative framework limits the ability of the Governor to enter into these arrangements, and as such, creates a disadvantage between significant office holders in the State.

The Bill before the House seeks to repair this situation and ensure significant office holders are treated similarly, with respect to matters relating to remuneration.

The amendments as provided for in the Constitution (Governor's Salary) Amendment Bill 2015 amend the Act to refer the matter of the Governor's remuneration to the Remuneration Tribunal. The Remuneration Tribunal will have exclusive jurisdiction to determine the appropriate remuneration conditions for the Governor, as it does with other significant officer holders.

The Bill also seeks to ensure the Act reflects current practice and therefore sees the removal of the historic furlough clause. This clause gave effect to the historical practice whereby English Governors would take leave to return to England. It is no longer consistent with current practice of appointing Australian Governors.

These amendments will ensure practices are consistent and bring into effect conditions that are already offered to other significant office holders in South Australia. These amendments also seek to acknowledge the substantial contribution of the Governor to the State of South Australia.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Constitution Act 1934

4—Substitution of section 73

This clause substitutes current section 73 with the following proposed clause.

73—Governor's salary

This clause enables the Remuneration Tribunal to determine the Governor's salary with the proviso that—

the Governor is not to be remunerated for any period for which he or she is entitled to remuneration from the Commonwealth in respect of his or her administration of the Government of the Commonwealth; and

the rate of salary so determined cannot be reduced by subsequent determination of the Remuneration Tribunal.

5—Amendment of section 73B—Appropriation

This clause makes a minor consequential amendment to section 73B.

Schedule 1—Transitional provision

1—Transitional provision

This clause ensures that the Remuneration Tribunal will not determine a lower rate of salary for the Governor than the one applying immediately before the commencement of the amending Act.

Debate adjourned on motion of Ms Chapman.