Local Government Chief Executive Officers and Elected Council Members Determination No 1 of 2025

Statutory context

1. Section 7A of the Salaries and Allowances Act 1975 (‘the SA Act’) requires the Salaries and Allowances Tribunal (‘the Tribunal’) to “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. Under Section 7B(2) of the SA Act, the Tribunal must inquire into and determine the amount of:
   • fees, or the minimum and maximum amounts of fees, to be paid under the Local Government Act 1995 (‘the LG Act’) to elected council members for attendance at meetings;
   • expenses, or the minimum and maximum amounts of expenses, to be reimbursed under the LG Act to elected council members; and
   • allowances, or the minimum and maximum amounts of allowances, to be paid under the LG Act to elected council members.
3. By issuing this Determination, the Tribunal discharges its obligations under Section 8 of the SA Act, which requires determinations under sections 7A and 7B to be issued at intervals of not more than 12 months.

Considerations

4. The Tribunal has considered sections 2.7 to 2.10 and section 5.41 of the LG Act, which outlines the roles and responsibilities of local governments, councillors, mayors, presidents and their deputies, and the functions of local government Chief Executive Officers.
5. The Tribunal invited individual local governments, the Department of Local Government, Sport and Cultural Industries, the Western Australian Local Government Association, Local Government Professionals WA and other interested individuals to provide information or submissions regarding developments across the sector.
6. Seven submissions were received, and all were considered within the Tribunal’s deliberations.

Band allocation model

7. The Tribunal continues to apply the four Band allocation model. The model allows a number of measurable and non-measurable factors to be considered when assessing appropriate levels of remuneration. The model is adjusted annually to accommodate incremental increases experienced by all organisations.
8. The Tribunal notes that the remuneration ranges provide flexibility to local governments to set remuneration within the allocated Band. The Tribunal will only adjust a Band classification when a local government or regional local government can demonstrate a substantial and sustained increase in functions, roles or scope of the organisation.

Christmas and Cocos (Keeling) Islands

9. In 2016, the Commonwealth and WA Governments entered an agreement under the Christmas Island Act 1958 (Cth), the Cocos (Keeling) Islands Act 1995 (Cth) and the Indian Oceans Territories (Administration of Laws) Act 1992 (WA), by which the Tribunal has the power to determine the remuneration of local government CEOs and the fees, expenses and allowances for local government elected council members of the Shires of Christmas Island and Cocos (Keeling) Islands.
10. This inquiry reviewed remuneration provided by the Shires of Christmas and Cocos (Keeling) Islands.

Conclusions

11. The Tribunal has determined that CEO remuneration bands be increased by 3.5%. The Tribunal considered this appropriate given the current economic conditions, including WA data on CPI and WPI, and the wider public sector framework. Further, the changes to the Superannuation Guarantee mean that minimum superannuation contributions will increase by 0.5% to 12% on 1 July 2025. In recognition of this, the Tribunal has applied a 0.5% increase to the CEO remuneration bands in addition to the 3.5%. Therefore, the total increase to the CEO remuneration bands is 4%.
12. The Tribunal notes that each local government must set remuneration within the band to which it is allocated. Any increase, within the bands, must be determined by each local government through its own assessment of whether changes are justified.
13. In reviewing the band allocation model and all other relevant information, the Tribunal has examined local governments with potential to change band classification, including those provided in submissions. The Tribunal considers no change is warranted for any local government at this time.
14. However, the Tribunal resolved to conduct a comprehensive survey of the remuneration provided to local government CEOs and the fees and allowances provided to elected council members. As the Tribunal determines the bands for local governments, it is essential that the Tribunal has visibility as to where local governments are placed within these bands in order to ensure the suitability of the band ranges and other allowances.
15. This survey, to be conducted in the second half of this year, will also request information with respect to Regional/Isolation Allowances provided by local governments to CEOs, with the intention of reviewing the allowance to ensure that it is fit for purpose and achieving the desired outcome for those working in regional and isolated locations.
16. The main factor considered by the Tribunal in determining the eligibility and quantum of the Regional/Isolation Allowance has been the District Allowance (Government Officers) General Agreement 2010 amount and boundaries, together with some other regional factors. Previously, the Tribunal has altered these amounts for certain local governments after consideration of specific regional issues via submissions or discussions.
17. The Tribunal reviewed submissions and determined that no change to the Regional/Isolation Allowance would be applied at present. However, subject to the results of the survey and review thereof, changes to the eligibility and quantum of the allowance may be made, and the submissions made to this inquiry and previous inquiries, will be re-considered.
18. As a result of changes to the Metropolitan Region Town Planning Scheme Act 1959, the definition of metropolitan / non-metropolitan region has been redefined, and reference is now made to Schedule 4 of Planning and Development Act 2005.
19. The motor vehicle allowance was significantly reviewed last year, and the Tribunal resolved to provide some clarity as to the impact of FBT on the TRP.
20. The Tribunal has determined elected council member attendance fees, and annual allowance ranges be increased by 3.5% (and rounded). The Tribunal considered various submissions calling for increases, with the determined increase reflecting a variety of issues raised in the submissions.
21. The Tribunal maintains that elected council members’ fees should be set to compensate costs for the prescribed role of an elected council member. The role of an elected council member was specifically described as not being a full-time occupation in parliamentary debates regarding the Local Government Amendment Act 2011 and re-iterated again in the Parliament last year through the passing of the Local Government Amendment Bill 2024.
22. The Tribunal notes the recent legislative changes which enable superannuation payments to be made to local government elected council members. Any superannuation payments are in addition to the fees and allowances provided to elected council members as determined by the Tribunal.
23. Further, the Tribunal is cognisant of the forthcoming requirement for local governments to appoint an independent Chair for Audit, Risk and Improvement Committees. The Tribunal will determine rates with respect to this at a future date, to coincide with the commencement of these changes.
24. In the meantime, in order for local governments to adequately attract, retain and remunerate suitable people with the relevant skills and expertise to be independent committee members in general, the Tribunal has collapsed the bands into one fee range, and has also provided for the reimbursement of expenses for independent committee members to attend committee meetings.
25. Further amendments to the determination reflect changes to Regional Councils with Tamala Park Regional Council renamed as Catalina Regional Council; Rivers Regional Council becoming Rivers Regional Subsidiary and no longer within the Tribunal’s jurisdiction; and Pilbara Regional Council being wound up.
26. All other allowances remain unchanged.

The Determination will now issue.

1.1 Short title

This determination may be cited as the Local Government Chief Executive Officers and Elected Council Members Determination No. 1 of 2025.

1.2 Commencement

This determination comes into operation on 1 July 2025.

1.3 Content and intent

1. The remuneration listed in this determination comprises all remuneration as defined under the Salaries and Allowances Act 1975 as including salary, allowances, fees, emoluments and benefits.
2. The determination applies to:
   1. Chief Executive Officers (CEOs)
   2. Acting Chief Executive Officers
   3. Elected Council Members.
3. The remuneration specified in this determination for CEOs is based on a person being appointed to one local government CEO position only. In the case of a person appointed to undertake the duties of more than one CEO position simultaneously, the relevant local governments must seek a determination from the Tribunal for the multiple CEO positions held by that person.
4. If a local government undergoes an amalgamation or a rezoning of local government boundaries, the local government is required to seek a new determination from the Tribunal.
5. This determination provides for the amount of fees, expenses and allowances to be paid or reimbursed to elected council members under the Local Government Act 1995 (‘the LG Act’) Part 5 Division 8. The determination applies to elected council members who are members of the council of a local government, and under section 3.66 of the LG Act.
6. Where the Tribunal has determined a specific amount for a fee, expense or allowance for elected council members of a local government or regional local government, the amount determined by the Tribunal will be payable to an eligible elected council member.
7. Where the Tribunal has determined a minimum and maximum amount for a fee, expense or allowance for elected council members of a local government or regional local government, each local government or regional local government will set an amount within the relevant range determined and the amount set will be payable to an eligible elected council member.
8. The fees, expenses and allowances determined are intended to recognise the responsibilities of elected council members, mayors and presidents of local governments and chairs of regional local governments and to remunerate them for the performance of the duties associated with their office.
9. Nothing in this determination shall be interpreted and/or applied in such a manner as to circumvent the intention of the Tribunal to ensure transparency and accountability in the remuneration of Local Government CEOs and the provision of fees, expenses and allowances to elected council members.

1.4 Terms used

1. In this determination, unless the contrary intention appears:

Chair means a person who is elected or appointed from among the members of a council of a regional local government as its chair;

Committee meeting means a meeting of a committee of a council where the committee comprises:

1. council members only; or
2. council members and employees of the local government or regional local government.

Council, in relation to:

1. a local government, means the council of the local government;
2. a regional local government, means the council of the regional local government;

Elected Council Member, in relation to:

1. a local government –
   1. means a person elected under the LG Act as a member of the council of the local government; and
   2. includes the mayor or president of the local government;
2. a regional local government –
   1. means a person elected under the LG Act as a member of the council of a local government and who is a member of the council of the regional local government; and
   2. includes the chair of the regional local government;

Independent committee member means a person who is a committee member but who is neither a council member nor an employee.

LG Regulations means the Local Government (Administration) Regulations 1996;

Mayor means a council member holding the office of mayor, whether elected by the council from amongst its members or elected by the electors;

Non-Metropolitan region means a local government defined in Schedule 4 of the Planning and Development Act 2005.

President means a council member holding the office of president, whether elected by the council from amongst its members or elected by the electors.

1.5 Pro rata payments

1. The Total Reward Package specified in this determination for CEOs is based on a person serving in the office on a full-time basis. The relevant range shall be payable on a pro rata basis if the position is undertaken on a part time basis.
2. The amount of a person’s entitlement to remuneration, annual attendance fee or annual allowance specified in this determination shall be apportioned on a pro rata basis according to the portion of a year that the person holds office.

1.6 Local government band allocations

Unless the contrary intention appears, this determination allocates local governments to the bands set out in Schedule 1. Regional local governments (as constituted under Part 3 Division 4 of the LG Act) are allocated to a Band only with respect to CEOs. 

2.1 General            

1. Offices listed in this Part have been assigned by the Tribunal to one of four classifications designated Band 1 to Band 4.
2. Each classification (Band 1 to Band 4) has a commensurate Total Reward Package (TRP) range.
3. Typical components of a TRP include:
   1. Base salary
   2. Annual leave loading
   3. Associated FBT accrued (total annual amount of fringe benefits tax paid by the local government for all fringe benefits provided to a CEO; FBT for a motor vehicle, even if tool of trade, is to be included in the TRP)
   4. Association membership fees
   5. Attraction/retention allowance, not being provided under Part 3
   6. Personal benefit value of the provision of a motor vehicle for private use (if applicable) as defined under Part 5 of this determination
   7. Cash bonus and performance incentives
   8. Cash in lieu of a motor vehicle
   9. Fitness club fees
   10. Grooming/clothing allowance
   11. Health insurance
   12. School fees and/or child’s uniform
   13. Superannuation (all mandatory and non-mandatory employer superannuation contributions)
   14. Travel or any other benefit taken in lieu of salary
   15. Travel for spouse or any other member of family
   16. Unrestricted entertainment allowance
   17. Utilities allowance (any water, power or other utility subsidy provided to the CEO).
4. Any other form of payment, in cash or not, in consideration as a reward or benefit of the CEOs duties.
5. The only exclusions from the TRP are:
   1. items listed in Parts 3, 4 and 5 of this determination (however, any superannuation guarantee associated with the payment of a Regional/Isolation Allowance and any associated FBT accrued from the provision of a motor vehicle or accommodation are to be included as part of the TRP);
   2. employer obligations such as professional development (restricted to the CEO), reimbursement for genuine work expenses or the cost of recruitment and relocation expenses; and
   3. items considered by the local government to be a tool of trade (i.e. equipment needed to undertake the duties of a CEO) and which are not a direct or indirect reward or benefit for the performance of duties as a CEO.

2.2 Local Government Classification

1. The TRP ranges in table 1 apply where a local government or regional local government has been classified into the relevant band.

Table 1: Local government band classification – Total Reward Package range

2. Local governments have been classified in Schedule 1.
3. Regional local governments have been classified in table 2 below.

Table 2: Regional local government band classification

3.1 General            

1. Local governments listed in table 3 in this Part may provide a Regional/Isolation Allowance to a CEO, in addition to the CEO’s Total Reward Package, in recognition of the regional and isolation factors which may affect the attraction and retention of the CEOs of those local governments.
2. There is no requirement to provide a Regional/Isolation Allowance to a CEO. Payment of this allowance is at the discretion of the local government, within the parameters set by the Tribunal.
3. When a local government chooses to use any or all of this allowance, the payment of the allowance should be properly justified and applied in a transparent manner considering the issues outlined in 3.2.
4. When a local government chooses to pay all or any of this allowance, it is to be paid to the CEO as salary.

3.2 Determining appropriateness and rate of allowance

1. When assessing the appropriateness of providing a Regional/Isolation Allowance, an eligible local government must consider the impact of factors outlined in 3.2(3) on attraction and retention of a CEO. In the event these factors have little or no impact, the Local Government should not provide this Allowance.
2. In the event a Regional/Isolation Allowance is considered appropriate, the amount of the Allowance should be proportionate to the circumstances faced by the Local Government.
3. The following factors should be considered when determining whether to apply the Regional/Isolation Allowance:
   1. Remoteness - issues associated with the vast distances separating communities within a Local Government or the distance of the Local Government from Perth or a Regional Centre.
   2. Cost of living - the increased cost of living highlighted specifically in the Regional Price Index.
   3. Social disadvantage - reduced specialist health services, schooling opportunities for children, employment opportunities for spouse, reduced lifestyle commodities when compared to Perth and regional centres, and access to professional and personal support networks.
   4. Dominant industry - the impact that a dominant industry such a mining or agriculture has on an area and the ability to attract and retain people in the face of a dominant industry.
   5. Attraction/retention - the ability to recruit suitably qualified candidates and being able to retain them in light of the above concerns in competition with positions in Perth, regional centres and private industry.
   6. Community expectations - the pressures on a CEO to meet expectations when professional or operational expertise is not readily available.

3.3 Regional/Isolation Allowance

Local governments eligible for the Regional/Isolation Allowance are listed in table 3.

Table 3: Regional/Isolation Allowance

4.1 General

1. In recognition of the need for local governments to provide accommodation as a result of a lack of suitable housing or recruitment issues, on either a permanent or temporary basis, local governments are able to utilise this allowance as required.
2. When a local government utilises this allowance, the payment of the allowance should be properly justified and applied in a transparent manner.
3. Any accommodation provided under this Part must be located within or adjacent to the local government area in which the CEO is employed.
4. Local governments should tailor the provision of any housing allowance to suit their particular circumstances. This may include the CEO making contributions towards the cost of the accommodation.

4.2 Applicable housing allowance

1. Where a local government owns a property and provides that property to the CEO for accommodation, the value of this accommodation will not be included in the Total Reward Package.
2. For reporting purposes, the value of the local government owned property shall be valued at the annual Gross Rental Value of the property as determined by the Valuer General.
3. Where a local government leases accommodation for the use of the CEO, the lease costs will not be included in the Total Reward Package.
4. For reporting purposes, the value of the local government leased property shall be the annual actual costs of the accommodation lease.
5. Where a local government provides a Home Ownership Subsidy to the CEO, this will not be included in the Total Reward Package.
6. For reporting purposes, the value of the Home Ownership Subsidy shall be the annual actual costs of the Home Ownership Subsidy.

5.1 General

1. For local governments generally, except those outlined in (2) below, the private benefit value of any motor vehicle provided to the CEO by the local government is to be included in the Total Reward Package.
2. For local governments listed in Table 3 under Part 3 of this determination and/or local governments classified as Band 3 or Band 4 located in a non- metropolitan region, any motor vehicle provided to the CEO or an allowance provided to a CEO for use of a private motor vehicle for work-related purposes, is to be considered a tool of trade (i.e. equipment needed to undertake the duties of a CEO in these local governments) and any private benefit will not be considered as part of the Total Reward Package.

5.2 Private benefit value

1. The private benefit value of the motor vehicle will be dependent on the type of motor vehicle provided, method of ownership (i.e. local government owned or leased), maintenance and running costs, insurance, any applicable luxury car tax and the amount of private use of the vehicle (i.e. non-business use).
2. As a general rule, the private benefit value will be based upon the annual costs multiplied by the percentage of private use.
3. Local governments and CEOs will need to agree on the most appropriate way to record the amount of private use in order to calculate the private benefit value.

6.1 General

1. Pursuant to section 5.98(1)(b) of the LG Act, an elected council member who attends a council meeting is entitled to be paid the fee set by the local government or the regional local government within the range determined in section 6.2 of this Part for council meeting attendance fees.
2. Pursuant to section 5.98(1)(b) and (2A)(b) of the LG Act, an elected council member who attends a committee meeting or (at the request of the local government or regional local government) a meeting of a type prescribed in regulation 30(3A) of the LG Regulations is entitled to be paid the fee set by the local government or regional local government within the range determined in section 6.3 of this Part for attending committee meetings or, as the case requires, meetings of that type.
3. Pursuant to section 5.100(2)(b) and (3)(b) of the LG Act, a committee member who is not an elected council member or employee of the local government, who attends a committee meeting or (at the request of the local government or regional local government) a meeting of a type prescribed in regulation 30(3A) of the LG Regulations is entitled to be paid the fee set by the local government or regional local government within the range determined in section 6.3 of this Part for attending committee meetings or, as the case requires, meetings of that type.
4. Each of the following meetings is a type of meeting prescribed in regulation 30(3A) of the LG Regulations:
   1. meeting of a WALGA Zone, where the council member is representing a local government as a delegate elected or appointed by the local government
   2. meeting of a Regional Road Group established by Main Roads Western Australia, where the council member is representing a local government as a delegate elected or appointed by the local government
   3. council meeting of a regional local government where the council member is the deputy of a member of the regional local government and is attending in the place of the member of the regional local government
   4. meeting other than a council or committee meeting where the council member is attending at the request of a Minister of the Crown who is attending the meeting
   5. meeting other than a council meeting or committee meeting where the council member is representing a local government as a delegate elected or appointed by the local government.
5. Pursuant to section 5.99 of the LG Act, a local government or regional local government may decide by an absolute majority that instead of paying council members an attendance fee referred to in section 5.98(1) of the LG Act, it will pay all council members who attend council or committee meetings a fee set within the range for annual fees determined in section 6.4 of this Part.
6. Regulation 30(3C) of the LG Regulations prevents the payment of a fee to a council member for attending a meeting of a type prescribed in regulation 30(3A) of those regulations if the:
   1. person who organises the meeting pays the council member a fee for attending the meeting; or
   2. council member is paid an annual fee in accordance with section 5.99 of the LG Act; or
   3. council member is deputising for a council member at a meeting of a regional local government and the member of the regional local government is paid an annual fee in accordance with section 5.99 of the LG Act.
7. In determining the fees set out in this Part, the Tribunal has taken into account a range of factors including the:
   1. time required to prepare adequately for the meetings including consideration of agenda papers, site visits related to agenda items and consultation with council staff and community members
   2. role of the council member, mayor or president including, but not limited to, representation, advocacy, and oversight and determination of policy and local legislation
   3. particular responsibilities associated with the types of meetings attended;
   4. responsibilities of a mayor, president or chair to preside over meetings
   5. relative “size” of the local government as reflected in the Tribunal’s local government banding model.
8. The Tribunal has not determined a specific meeting attendance fee for the purposes of section 5.98(1)(a) or (2A)(a) of the LG Act.
9. The entitlement of an elected council member to a fee, allowance or reimbursement of an expense established under the LG Act, the LG Regulations and this determination, cannot be proscribed, limited or waived by a local government. Any eligible claim against those entitlements is to be paid in accordance with the applicable financial procedures of the local government.

6.2 Council meeting attendance fees – per meeting

1. The ranges of fees in table 4 and table 5 apply where a local government or regional local government decides by an absolute majority to pay a council member a fee referred to in section 5.98(1)(b) of the LG Act for attendance at a council meeting.

Table 4: Council meeting fees per meeting – local governments

Table 5: Council meeting fees per meeting – regional local governments

6.3 Committee meeting and prescribed meeting attendance fees – per meeting

1. The ranges of fees in tables 6 and 7 apply where a local government or regional local government decides to pay an elected council member a fee referred to in sections:
   1. 5.98(1)(b) of the LG Act for attendance at a committee meeting; or
   2. 5.98(2A)(b) of the LG Act for attendance at a meeting of a type prescribed in regulation 30(3A) of the LG Regulations.

Table 6: Committee meeting and prescribed meeting fees per meeting – local governments

Table 7: Committee meeting and prescribed meeting fees per meeting – regional local governments

6.4 Meeting attendance fees for independent committee members – per meeting

1. The range of fees in table 8 apply where a local government or regional local government decides to pay an independent committee member a fee referred to in:
   1. section 5.100(2)(b) of the LG Act for attendance at a committee meeting; or
   2. section 5.100(3)(a) of the LG Act for attendance at a meeting of a type prescribed in regulation 30(3A) of the LG Regulations.
2. The range is provided to enable local governments to appropriately compensate independent committee members depending on the skills and expertise they bring to the committee.

Table 8: Committee meeting and prescribed meeting fees per meeting for independent committee members – local government and regional local governments

3. In accordance with sections 5.100(4), (5) and (6) of the LG Act, an independent committee member can be reimbursed for attending committee meetings referred to in 6.4(1) above.
4. The extent to which an independent committee member can be reimbursed for attending committee meetings is the actual travel and associated costs incurred by the independent member demonstrated to the satisfaction of the local government. 

6.5 Annual attendance fees in lieu of council meeting, committee meeting and prescribed meeting attendance fees

1. The ranges of fees in table 9 and table 10 apply where a local government or regional local government decides by an absolute majority that, instead of paying council members an attendance fee referred to in section 5.98 of the LG Act, it will pay an annual fee to all council members who attend council, committee or prescribed meetings.

Table 9: Annual attendance fees in lieu of council meeting, committee meeting and prescribed meeting attendance fees – local governments

Table 10: Annual attendance fees in lieu of council meeting, committee meeting and prescribed meeting attendance fees – regional local government

7.1 General

1. Pursuant to section 5.98(5) of the LG Act, the mayor or president of a local government and the chair of a regional local government are entitled, in addition to any fees or reimbursement of expenses payable under section 5.98(1) or (2), to be paid the annual allowance set by the local government or regional local government council within the range determined in section 7.2 of this Part.
2. Pursuant to section 5.98A(1) of the LG Act, a local government or regional local government may decide, by an absolute majority, to pay the deputy mayor or deputy president of the local government, or the deputy chair of the regional local government, an allowance of up to the percentage that is determined by the Tribunal of the annual allowance to which the mayor or president of the local government, or the chair of the regional local government, is entitled under section 5.98(5) of the LG Act. That percentage is determined in section 7.3 of this Part. This allowance is in addition to any fees or reimbursement of expenses payable to the deputy mayor, deputy president or deputy chair under section 5.98 of the LG Act.
3. In determining the allowances set out in this Part, the Tribunal has taken into account a range of factors including the following:
   1. the leadership role of the mayor, president or chair;
   2. the statutory functions for which the mayor, president or chair is accountable;
   3. the ceremonial and civic duties required of the mayor, president or chair, including local government business related entertainment;
   4. the responsibilities of the deputy mayor, deputy president or deputy chair when deputising;
   5. the relative “size” of the local government as reflected in the Tribunal’s local government banding model;
   6. the civic, ceremonial and representation duties particular to the Lord Mayor of Western Australia’s capital city.

7.2 Annual allowance for a Mayor, President or Chair

1. The ranges of allowances in table 10 apply where a local government sets the amount of the annual local government allowance to which a mayor or president is entitled under section 5.98(5) of the LG Act.
2. The range of allowances in table 11 apply where a regional local government sets the amount of the annual local government allowance to which a chair is entitled under section 5.98(5) of the LG Act.
3. Despite the provisions of subsection (1), the City of Perth is to set the amount of the annual local government allowance to which the Lord Mayor is entitled within the range of $67,201 to $149,971.

Table 11: Annual allowance for a mayor or president of a local government

Table 12: Annual allowance for a chair of a regional local government

7.3 Annual allowance for a Deputy Mayor, Deputy President or Deputy Chair

1. The percentage determined for the purposes of section 5.98A(1) of the LG Act is 25 per cent.
2. If the deputy performs the functions of mayor or president for a continuous period of no less than four months, the deputy will be entitled to receive the mayor or president allowance according to the applicable local government band in 7.2 of the Determination. This can be applied retrospectively, in instances where an initial short-term period of acting becomes a continuous period of acting for four months or more.

8.1 General

1. Pursuant to section 5.98(2)(a) and (3) of the LG Act, an elected council member who incurs an expense of a kind prescribed in regulation 31(1) of the LG Regulations is entitled to be reimbursed for the expense to the extent determined in section 8.2(1) to (5) of this Part.
2. Regulation 31(1) of the LG Regulations prescribes the following kinds of expenses that are to be reimbursed:
   1. rental charges incurred by a council member in relation to one telephone and one facsimile machine; and
   2. child care and travel costs incurred by a council member because of the member’s attendance at a council meeting or a meeting of a committee of which he or she is also a member.
3. Pursuant to section 5.98(2)(a) and (3) of the LG Act, an elected council member who incurs an expense of a kind prescribed in regulation 32(1) of the LG Regulations is entitled to be reimbursed for the expense to the extent determined in section 8.2(6) to (8) of this Part.
4. Regulation 32(1) of the LG Regulations prescribes the following kinds of expenses that may be approved by a local government for reimbursement:
   1. an expense incurred by an elected council member in performing a function under the express authority of the local government;
   2. an expense incurred by an elected council member to whom paragraph (a) applies by reason of the elected council member being accompanied by not more than one other person while performing the function if, having regard to the nature of the function, the local government considers that it is appropriate for the elected council member to be accompanied by that other person; and
   3. an expense incurred by an elected council member in performing a function in his or her capacity as an elected council member.

8.2 Extent of expenses to be reimbursed

1. The extent to which an elected council member can be reimbursed for rental charges in relation to one telephone and one facsimile machine is the actual expense incurred by the elected council member.
2. The extent to which an elected council member can be reimbursed for childcare costs incurred because of attendance at a meeting referred to in regulation 31(1)(b) of the LG Regulations is the actual cost per hour up to $35 per hour. If an elected council member incurs costs greater than $35 per hour due to having multiple children, children with special needs, lack of adequate childcare facilities or services or another extenuating circumstance, a local government may reimburse the elected council member for the actual costs upon the provision of sufficient receipts/evidence to satisfy the local government that the expense has been legitimately incurred.
3. The extent to which an elected council member of a local government can be reimbursed for reasonable travel costs referred to in regulation 31(1)(b) of the LG Regulations is:
   1. if the person lives or works in the local government district or an adjoining local government district, the actual cost for the person to travel from the person’s place of residence or work to the meeting and back; or
   2. if the person does not live or work in the local government district or an adjoining local government district, the actual cost, in relation to a journey from the person’s place of residence or work and back:
      1. for the person to travel from the person’s place of residence or work to the meeting and back; or
      2. if the distance travelled referred to in subparagraph (i) is more than 100 kilometres, for the person to travel from the outer boundary of an adjoining local government district to the meeting and back to that boundary.
4. The extent to which an elected council member of a regional local government can be reimbursed for reasonable travel costs referred to in regulation 31(1)(b) of the LG Regulations is the actual cost for the person to travel from the person’s place of residence or work to the meeting and back.
5. For the purposes of subsections (3) and (4), travel costs incurred while driving a privately owned or leased vehicle (rather than a commercially hired vehicle) are to be calculated at the same rate contained in Section 30.6 of the Local Government Officers’ (Western Australia) Award 2021 as at the date of this determination. For elected council members with Electric Vehicles, the 1600cc Motor Vehicle Allowance rate should be applied.
6. The extent to which an elected council member can be reimbursed for childcare costs incurred because of attendance at a meeting referred to in regulation 32(1) of the LG Regulations is the actual cost per hour up to $35 per hour. If an elected council member incurs costs greater than $35 per hour due to having multiple children, children with special needs, lack of adequate childcare facilities or services or another extenuating circumstance, a local government may reimburse the member for the actual costs upon the provision of sufficient receipts/evidence to satisfy the local government that the expense has been legitimately incurred.
7. The extent to which an elected council member can be reimbursed for intrastate or interstate travel and accommodation costs incurred in any of the circumstances referred to in regulation 32(1) of the LG Regulations is at the same rate applicable to the reimbursement of travel and accommodation costs in the same or similar circumstances under the Public Service Award 1992 issued by the Western Australian Industrial Relations Commission as at the date of this determination.
8. The extent to which an elected council member can be reimbursed for any other cost incurred under regulation 32(1) of the LG Regulations is the actual cost upon presentation of sufficient evidence of the cost incurred.

9.1 General

1. Pursuant to section 5.99A of the LG Act, a local government or regional local government may decide by absolute majority that instead of reimbursing elected council members under the LG Act section 5.98(2) for all of a particular type of expense, it will pay all elected council members, for that type of expense, the annual allowance determined in section 9.2 of this Part or, as the case requires, an annual allowance within the range determined in that section.
2. Where a local government or regional local government has decided to pay elected council members an annual allowance for an expense of a particular type instead of reimbursing expenses of that type under section 5.98(2) of the LG Act, section 5.99A of the LG Act provides for reimbursement of expenses of that type in excess of the amount of the allowance.
3. In determining the maximum annual allowance for expenses of a particular type, the Tribunal has taken into account a range of factors including the following:
   1. the intent of the allowance to reflect the extent and nature of the expenses incurred and not to result in a windfall gain for council members;
   2. the capacity of local governments to set allowances appropriate to their varying operational needs;
   3. the particular practices of local governments in the use of information and communication technology (e.g. laptop computers, iPads); and
   4. the varying travel requirements of elected council members in local governments associated with geography, isolation and other factors.
4. With respect to ICT expenses, the Tribunal’s intention is for the maximum annual allowance to cover the cost of providing ICT hardware and equipment. It is not the intention for the allowance to be paid in addition to providing equipment and hardware.

9.2 Annual allowances determined instead of reimbursement for particular types of expenses for Elected Council Members

1. In this section:

        ICT expenses means:

1. rental charges in relation to one telephone and one facsimile machine, as prescribed by regulation 31(1)(a) of the LG Regulations;
2. any other expenses that relate to information and communications technology (for example, telephone call charges and internet service provider fees) and that are a kind of expense prescribed by regulation 32(1) of the LG Regulations; or
3. any expenses, including the purchase costs, of ICT hardware provided to elected council members.

        Travel and accommodation expenses means:

1. travel costs, as prescribed by regulation 31(1)(b) of the LG Regulations; or
2. any other expenses that relate to travel or accommodation and that are a kind of expense prescribed by regulation 32(1) of the LG Regulations.

 2. For the purposes of section 5.99A(b) of the LG Act, the minimum annual allowance for ICT expenses is    $500 and the maximum annual allowance for ICT expenses is $3,500.

 3. For the purposes of section 5.99A(a) of the LG Act, the annual allowance for travel and accommodation    expenses is $100.