Remuneration above the range for a band must only be in accordance with a determination by the SOORT, pursuant to a special determination under section 24P or as provided for in the annual determination under section 24O of the SOOR Act. The SOORT is required to be directed by the Premier to make an above band determination.
A SOORT determination should only be sought by the Secretary or the head of a separate agency where there is clear market based evidence to support the application for such a determination and in line with guidance issued by the Public Service Commission.
The determination would be made in accordance with the provisions of 24R (3) for one of the following:
- a particular senior executive named in the determination (s24R (3) (a))
- a particular role, office or position specified in the determination (24R (3) (b))
- a particular class of senior executives specified in the determination (s24R (3) (c))
The SOORT determination should be sought prior to advertising or other recruitment action commencing for the senior executive role. However, in exceptional circumstances a SOORT determination can be sought during the recruitment process but prior to employment (refer to 4.6 for further details).
If the determination is sought prior to advertising or other recruitment action the determination can be made under either s24R (3) (a), (b) or (c).
It should be noted that a special determination for a named senior executive is a determination that is personal to that executive and is not a determination that applies to the office or role concerned or to other individuals who may have that role or office - in the future.