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Crown Employees-Legal Officers (Crown Solicitor's Office, Legal Aid Commission Staff Agency, Office of the Director of Public Prosecutions and Parliamentary Counsel’s Office) Reviewed Award
  
Date05/15/2020
Volume388
Part1
Page No.283
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C9096
CategoryAward
Award Code 232  
Date Posted05/18/2020

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(232)

SERIAL C9096

 

Crown Employees-Legal Officers (Crown Solicitor's Office, Legal Aid Commission Staff Agency, Office of the Director of Public Prosecutions and Parliamentary Counsel’s Office) Reviewed Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Case No. 135363 of 2019)

 

Before Chief Commissioner Kite

22 August 2019

 

REVIEWED AWARD

 

Arrangement

 

PART A - GENERAL

 

Clause No.       Subject Matter

 

1.         Title

2.         Definitions

3.         Legal officers to whom Award applies

4.         Salaries

5.         Salary progression

6.         Calculation of service

7.         Indemnity by Public Service agency

8.         Anti-discrimination

9.         Grievance and dispute settling procedures

10.      Area, incidence and duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

PART A

 

GENERAL

 

1.  Title

 

This Award is known as the Crown Employees-Legal Officers (Crown Solicitor's Office, Legal Aid Commission Staff Agency, Office of the Director of Public Prosecutions and Parliamentary Counsel’s Office) Reviewed Award.

 

2.  Definitions

 

In this Award:

 

"admitted as an Australian lawyer" means admitted to the Australian legal profession in this jurisdiction or any other jurisdiction (within the meaning of the Legal Profession Uniform Law (NSW)).

 

"agency head" of a Public Service agency, means the head of the agency within the meaning of the Government Sector Employment Act 2013.

 

"lawyers" means any of the following:

 

(a)       graduates in law from a university that is recognised for the purposes of admission to the Australian legal profession or graduates of the diploma in law of the NSW Legal Profession Admission Board,

 

(b)       persons who possess qualifications in law that are deemed to be equivalent,

 

(c)       persons who have been admitted, or who are qualified to be admitted, as an Australian lawyer.

 

"legal officer" means a lawyer to whom this Award applies.

 

"Public Service agency to which this Award applies" means the Crown Solicitor's Office, the Legal Aid Commission Staff Agency, the Office of the Director of Public Prosecutions and the Parliamentary Counsel's Office.

 

"service" means continuous service. Legal officers are deemed to have the years of service indicated by the salaries at which they are appointed.

 

3.  Legal officers to Whom Award Applies

 

This Award applies to lawyers who are employed under the Government Sector Employment Act 2013 in the Crown Solicitor's Office, the Legal Aid Commission Staff Agency, the Office of the Director of Public Prosecutions and the Parliamentary Counsel's Office and who are employed in the role of a legal officer (however described).

 

4.  Salaries

 

(1)       Subject to the Government Sector Employment Act 2013 and the regulations under that Act, legal officers are to be paid not less than the rates of salaries specified in Part B (Monetary rates) of this Award.

 

(2)       A minimum salary at the rate specified for the fifth year of service in Grade I is to be paid to a legal officer:

 

(a)       who has been admitted as an Australian lawyer, or

 

(b)       who has completed at least 2 years’ practical legal experience in a Public Service agency to which this Award applies or equivalent practical legal experience approved by the appropriate agency head.

 

(3)       A legal officer is not eligible to progress beyond the salary specified for the second year of service in Grade II until the legal officer has been admitted as an Australian lawyer.

 

(4)       A legal officer who is not employed in full-time ongoing employment under the Government Sector Employment Act 2013 is to be paid the weekly equivalent of the annual rates specified in this Award, unless otherwise determined by the Industrial Relations Secretary under that Act.

 

(5)       This award is listed in Schedule A of the Crown Employees (Public Sector - Salaries 2019) Award and salaries payable to employees shall be in accordance with that award or any award replacing it. The rates set out at Part B, Monetary Rates are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2019) Award or any award replacing it.

 

5.  Salary progression

 

(1)       The salaries of legal officers are to be adjusted to the appropriate scale specified in this Award on the basis of years of service as a legal officer.

 

(2)       A legal officer who has served for 12 months on the maximum rate specified for Grade I is to be progressed to the minimum salary for Grade II if the appropriate agency head, after the required review:

 

(a)       is satisfied that work appropriate to Grade II is available and that the legal officer is suitable to perform that work, and

 

(b)       approves the progression to Grade II.

 

The appropriate agency head is required to undertake a review in relation to every such legal officer at or prior to the completion of 12 months’ service on the maximum rate specified for Grade I.

 

(3)       A legal officer who has served for 12 months on the maximum salary specified for Grade II is eligible to be considered for progression to Grade III. When that occurs, the appropriate agency head is to review the work performed by the legal officer and the work available to be performed by the legal officer, and may approve the progression of the legal officer to Grade III if satisfied that:

 

(a)       the legal officer's performance warrants the progression, and

 

(b)       work appropriate to Grade III is required to be performed, and

 

(c)       the legal officer is suitable to perform that work.

 

The legal officer is to be progressed to Grade III on the anniversary of the attainment of the maximum salary specified for Grade II if the legal officer satisfies those requirements on that date or from such later date on which those requirements are satisfied.

 

(4)       Promotion beyond Grade III is subject to the occurrence of a vacancy in a role at a higher grade.

 

6.  Calculation of service

 

In calculating years of service for the purpose of this Award, the following periods are not to be taken into account:

 

(a)       any period in respect of which an increment is refused in accordance with the regulations under the Government Sector Employment Act 2013,

 

(b)       any leave of absence without pay exceeding 5 days in any incremental year,

 

(c)       any period necessary to give full effect to a reduction in salary imposed under section 68 (Unsatisfactory performance) or section 69 (Misconduct) of the Government Sector Employment Act 2013.

 

7.  Indemnity by Public Service agency

 

A legal officer is indemnified by the Public Service agency in which the officer is employed with respect to the whole of any order made against the legal officer pursuant to clause 5 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 (NSW) in any matter, unless the conduct of the legal officer giving rise to the making of the order:

 

(a)       was "serious and wilful misconduct" as that phrase is construed under section 5 of the Employees Liability Act 1991 (NSW), or

 

(b)       did not occur in the course of, and did not arise out of, the employment of the legal officer.

 

8.  Anti-Discrimination

 

The provisions of clause 100 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 relating to the prevention and elimination of discrimination in the workplace (or similar provisions of any award that replaces that Award) apply to matters arising under this Award.

 

9.  Grievance and dispute settling procedures

 

The provisions of clause 9 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 relating to grievances and dispute settling procedures (or similar provisions of any award that replaces that Award) apply to matters arising under this Award.

 

10.  Area, incidence and duration

 

(1)       The legal officers to whom this Award applies are entitled to the conditions of employment as set out in this Award and, except where specifically varied by this Award, existing conditions are provided for under the Government Sector Employment Act 2013, the regulations and rules made under that Act, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2019) Award or any awards replacing those Awards.

 

(2)       Changes made to this Award subsequent to it first being published, and the Crown Employees (Office of the Legal Aid Commission - Indemnification of Employed Solicitors) Award, have been incorporated into this Award as part of the review.

 

(3)       This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees-Legal Officers (Crown Solicitor's Office, Legal Aid Commission Staff Agency, Office of the Director of Public Prosecutions and Parliamentary Counsel’s Office) Reviewed Award published 21 October 2016 (380 I.G. 1545), as varied.

 

(3)       The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 22 August 2019.

 

(4)       This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Effective from the first pay period commencing on or after 1 July 2019:

 

Grade

Amount (per annum)

 

$

Grade I

 

1st year of service

67,853

2nd year of service

70,425

3rd year of service

72,418

4th year of service

74,603

5th year of service

77,578

Grade II

 

1st year of service

83,968

2nd year of service

88,184

3rd year of service

93,349

4th year of service

98,129

5th year of service

102,043

Grade III

 

1st year of service

107,541

2nd year of service

110,745

3rd year of service

115,017

Grade IV

 

1st year of service

123,229

2nd year of service

125,600

Grade V

 

1st year of service

132,078

2nd year of service

134,667

Grade VI

 

1st year of service

141,882

2nd year of service

144,871

 

 

 

P. M. KITE, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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