Governor of Tasmania Act 1982
An Act to make provision for the salary of the Governor of Tasmania and for the payment in specified circumstances to a person who has held office as Governor and to the widow of a former Governor of pensions and to provide for other matters pertaining to the office of Governor, including the appointment and employment of officers and employees for the purposes of assisting the Governor in the performance of his duties and of assisting in the management, administration, or maintenance of Government House
[Royal Assent 27 October 1982]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Governor of Tasmania Act 1982 .
This Act shall be reserved for the signification of the Sovereign's pleasure thereon and shall commence on the day after the date on which a proclamation signifying the Sovereign's assent to the Act is notified in the Gazette.
(1) [Section 3 Subsection (1) substituted by No. 18 of 1999, s. 7, Applied:14 May 1999] In this Act, unless the contrary intention appears –Administrator means an officer who is provisionally administering the Government of Tasmania;surcharge liability means liability for tax or interest imposed under the law of the Commonwealth arising from an entitlement to a pension under this Act;widow of a deceased man includes a woman who, at the time of his death –although not legally married to him at that time;(a) was living with him; and(b) was generally recognised as his de facto wife –widower of a deceased woman includes a man who, at the time of her death –although not legally married to her at that time.(a) was living with her; and(b) was generally recognised as her de facto husband –(2) The definition of "Governor" in section 43 (1) of the Acts Interpretation Act 1931 does not apply to or in relation to the interpretation of the provisions of this Act.
There shall be paid to the Governor a salary at the rate of 70 per cent of the rate at which the salary of the Chief Justice is payable for the time being or, if the office of Chief Justice is vacant, would be so payable if that office were not vacant.
(1) There shall be paid to an Administrator a salary at the rate of one-half of the rate at which the salary of the Governor is payable for the time being or, if the office of Governor is vacant, would be so payable if that office were not vacant.(2) A salary paid in accordance with subsection (1) to an Administrator does not prejudice the payment to him of any salary that may be payable in respect of any other office held by him.(3) Where an Administrator is, during his period of administration, also the holder of another office under the Crown and a contributor to a pension, retirement benefits, or superannuation fund established under a law of Tasmania, his rate of salary shall, for the purposes of that law, be deemed to remain, during that period, that of the other office.
(1) Where a person holding office as Governor resigns or retires from that office –that person shall, subject to this section, be entitled on his resignation or retirement to a pension at the rate of five-sevenths of the rate at which the salary of the Governor is payable for the time being or, if the office of Governor is vacant, would be so payable if that office were not vacant.(a) after serving in that office for not less than 5 years; or(b) after serving in that office for less than 5 years and the Governor or Administrator who immediately succeeds him declares, by order-in-council, that the retirement or resignation was due to ill health or physical or mental incapacity to perform the duties of the office of Governor –(2) [Section 6 Subsection (2) substituted by No. 18 of 1999, s. 8, Applied:14 May 1999] On the death of a person who, at the time of his or her death, held the office of Governor or was entitled to a pension under subsection (1) , his widow or her widower is, subject to this section, entitled until her or his death or re-marriage to a pension at the rate of three-sevenths of the rate at which the salary of the Governor is payable for the time being or, if the office of Governor is vacant, would be so payable if that office were not vacant.(3) [Section 6 Subsection (3) substituted by No. 18 of 1999, s. 8, Applied:14 May 1999] Subsection (2) does not apply to the widow or widower of a former Governor unless she or he was –while the former Governor held the office of Governor.(a) married to the former Governor; or(b) generally recognised as his wife or her husband –(4) [Section 6 Subsection (4) amended by No. 18 of 1999, s. 8, Applied:14 May 1999] The pension payable under this section to a former Governor shall be reduced by an amount equal to the payment or total of the payments (if any) that that person is entitled to receive by way of pension, gratuity, or retirement allowance or benefit in respect of his or her service under the Crown (whether in right of the State of Tasmania or otherwise).(5) [Section 6 Subsection (5) amended by No. 18 of 1999, s. 8, Applied:14 May 1999] A pension payable under this section to the widow or widower of a person who, at the time of his or her death, held the office of Governor or was entitled to a pension under subsection (1) shall be reduced by an amount equal to the payment or total of the payments (if any) that that widow or widower is entitled to receive by way of pension, gratuity, or retirement allowance or benefit in respect of the service of that person referred to in subsection (4) .(6) In subsections (4) and (5) , the expression pension, gratuity, or retirement allowance or benefit does not include a payment or payments made to a person under –(a) the Repatriation Act 1920 of the Commonwealth; or(b) a law enacted in a part of the British Commonwealth of Nations and declared by proclamation to be a law for the purposes of this paragraph.(7) [Section 6 Subsection (7) inserted by No. 18 of 1999, s. 8, Applied:14 May 1999] A pension payable under this Act is to be reduced to take into account any commutation of the pension under section 6A or 6B .
6A. Commutation of pension to lump sum to pay surcharge liability
[Section 6A Inserted by No. 18 of 1999, s. 9, Applied:14 May 1999](1) On a person ceasing to hold office as Governor, he or she, by notice in writing to the Minister, may elect to commute sufficient of his or her pension under this Act to a lump sum payment in order to discharge his or her surcharge liability.(2) On receipt of the notice, the Minister must commute sufficient of the person's pension to a lump sum payment and pay it to that person to enable that person to discharge his or her surcharge liability.(3) The Minister must determine the lump sum in accordance with the appropriate age, marital and gender factors specified for a pension in force under the Retirement Benefits Act 1993 .
6B. Death of Governor with surcharge liability
[Section 6B Inserted by No. 18 of 1999, s. 9, Applied:14 May 1999] If a person holding office as Governor dies with an outstanding surcharge liability, his widow or her widower may elect to commute her or his pension to a lump sum payment in order to discharge any surcharge liability, in which case section 6A applies to that election as if it were an election under that section.
6C. Increases in annual pension
[Section 6C Inserted by No. 18 of 1999, s. 9, Applied:14 May 1999] If part of a pension payable under this Act is commuted under section 6A or 6B , any future increase in the annual pension as a result of an increase in the current Governor's salary is to be calculated in accordance with the following formula:where –P is the new pension payable to a person in receipt of a pension under this Act;RP is the pension payable to a person in receipt of a pension under this Act immediately before the increase;A is the salary being paid to the current Governor;B is the salary paid to the current Governor immediately before the increase.
7. Appointment of Official Secretary and other officers
The Governor-in-Council may appoint and employ an Official Secretary, a Deputy Official Secretary, and such other officers as are considered necessary to assist the Governor in the performance of his duties.
8. Supplementary provisions relating to officers
(1) [Section 8 Subsection (1) substituted by No. 20 of 1984, s. 3 and Sched. 1 ]An officer holding appointment under section 7 –(a) is entitled to such salary and allowances as are determined by an award made under the Industrial Relations Act 1984 ; and(b) is bound by awards and decisions of the Tasmanian Industrial Commission under that Act.(1A) [Section 8 Subsection (1A) inserted by No. 20 of 1984, s. 3 and Sched. 1 ]The Industrial Relations Act 1984 applies to and in relation to an officer holding appointment under section 7 as if the Governor-in-Council were a controlling authority within the meaning of that Act.(2) [Section 8 Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .(3) [Section 8 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]An officer holding appointment under section 7 shall be deemed to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 and the Retirement Benefits Act 1993 .
9. Appointment of other employees
(1) Subject to any directions given by the Governor, the Official Secretary may appoint and employ such persons (other than officers) as he considers necessary for the purposes of assisting the Governor or assisting in the management, administration, or maintenance of Government House.(2) A person may be employed under subsection (1) on a permanent, temporary, or casual basis and either full-time or part-time as, subject to any directions referred to in that subsection, the Official Secretary thinks fit.(3) [Section 9 Subsection (3) amended by No. 20 of 1984, s. 3 and Sched. 1 ]Subject to any relevant award under the Conciliation and Arbitration Act 1904 of the Commonwealth or the Industrial Relations Act 1984 , a person appointed under subsection (1) is entitled to remuneration at such rates and to such other terms and conditions of service (including leave) as may be determined by the Official Secretary.
9A. Tasmanian State Service Act 1984 not to apply
[Section 9A Inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Tasmanian State Service Act 1984 does not apply to a person appointed and employed under this Act.
An amount payable under section 4 , 5 , or 6 is a charge on the Consolidated Revenue Fund and is payable out of that Fund without further appropriation than this section.
The Governor's Salary Act 1951 and the Governor's Salary Act 1976 are repealed.
12. Savings and transitional provisions
(1) Where, immediately before the commencement of this Act, a person was employed as an officer under section 6 of the Governor's Salary Act 1951 or was an officer of the Public Service employed to assist the Governor in the performance of his duties as such, that person shall continue to be so employed and shall be deemed to have been appointed as an officer under section 7 of this Act.(2) A person referred to in subsection (1) who, immediately before the commencement of this Act, was an officer of the Public Service shall cease to be such an officer on that commencement.(3) A person referred to in subsection (1) shall retain any rights accrued or accruing to him, before the commencement of this Act, as an officer employed under section 6 of the Governor's Salary Act 1951 or as an officer of the Public Service, including any entitlement to annual leave, sick leave, and long service leave.(4) A person referred to in subsection (1) shall, for any period of service in respect of which he has made contributions to the Superannuation Fund or the Retirement Benefits Fund, be deemed to have been an employee for the purposes of the Superannuation Act 1938 or, as the case may be, the Retirement Benefits Act 1970 or the Retirement Benefits Act 1982 .