Judicial Salaries Act 2004FILE/04-38a013.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010...

Version No. 013

Judicial Salaries Act 2004No. 38 of 2004

Version incorporating amendments as at1 February 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 13 Definitions 1

PART 2—SALARIES AND ALLOWANCES OF JUDICIAL OFFICERS AND REMUNERATION OF ACTING MAGISTRATES 5

4 Salaries of judicial officers and remuneration of acting magistrates (2004–2005) 5

5 Salaries of Supreme Court Judges (2005 onwards) 76 Salaries of other judicial officers and remuneration of reserve

magistrates (2005 onwards) 97 Allowances of judicial officers 13

═══════════════

ENDNOTES 15

1. General Information 15

2. Table of Amendments 16

3. Explanatory Details 17

1

Version No. 013


Version incorporating amendments as at1 February 2014

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is to remove the function of the Judicial Remuneration Tribunal to make determinations in relation to the salaries and allowances of judicial officers and the remuneration of acting magistrates and make fresh provision with respect to such salaries, allowances and remuneration.

2 Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3 Definitions

(1) In this Act—

associate judge of the County Court has the same meaning as associate judge has in the County Court Act 1958;

Associate Judge of the Supreme Court has the same meaning as Associate Judge has in the Supreme Court Act 1986;

1

S. 3 amended by No. 24/2008 s. 82(2) (ILA s. 39B(1)).

S. 3(1) def. of associate judge of the County Court inserted by No. 24/2008 s. 82(1)(a).

S. 3(1) def. of Associate Judge of the Supreme Court inserted by No. 24/2008 s. 82(1)(a).

Federal Court Judge means a Judge of the Federal Court of Australia other than the Chief Justice of that Court;

Federal Remuneration Tribunal means the Remuneration Tribunal established by section 4(1) of the Remuneration Tribunal Act 1973 of the Commonwealth;

General Supreme Court Master means a Master of the Supreme Court other than the Senior Master, the Registrar of the Court of Appeal or a Specialist Supreme Court Master;

reserve associate judge of the County Court means a reserve associate judge within the meaning of the County Court Act 1958;

S. 3(1) def. of reserve Associate Judge of the Supreme Court inserted by No. 63/2013 s. 88.s. 3

reserve Associate Judge of the Supreme Court means a reserve Associate Judge within the meaning of the Supreme Court Act 1986;

reserve judge of the County Court means a reserve judge within the meaning of the County Court Act 1958 engaged under section 12B of that Act to undertake the duties of a judge of the court;

reserve Judge of the Supreme Court means a reserve Judge within the meaning of the Constitution Act 1975 engaged under section 81B of that Act to undertake the duties of a Judge of the Court;

2

S. 3(1) def. of reserve associate judge of the County Court inserted by No. 63/2013 s. 88.

S. 3(1) def. of reserve judge of the County Court inserted by No. 5/2013 s. 45.S. 3(1) def. of reserve Judge of the Supreme Court inserted by No. 5/2013 s. 45.

reserve magistrate means a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;

S. 3(1) def. of Supreme Court Judge amended by No. 24/2008 s. 82(1)(b).s. 3

Supreme Court Judge means a Judge of the Supreme Court other than the Chief Justice, the President of the Court of Appeal, the other Judges of Appeal or an Associate Judge of the Supreme Court;

salary, in relation to a Federal Court Judge, means the salary payable from time to time to that Judge under section 9 of the Federal Court of Australia Act 1976 of the Commonwealth.

(2) On and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, a reference in this Act—

(a) to "General Supreme Court Master" includes an Associate Judge of the Supreme Court other than—

(i) an Associate Judge who is the Senior Master; or

(ii) an Associate Judge who is the Registrar of the Court of Appeal; or

(iii) a Specialist Supreme Court Master;

(b) to the Senior Master of the Supreme Court is a reference to the Associate Judge who is the Senior Master;

(c) to the Registrar of the Court of Appeal is a reference to an Associate Judge who is the Registrar of the Court of Appeal.

3

S. 3(1) def. of reserve magistrate inserted by No. 5/2013 s. 45.

S. 3(2) inserted by No. 24/2008 s. 82(2).

(2A) Without limiting subsection (2), on and from the commencement of section 21 of the Courts Legislation Miscellaneous Amendments Act 2010 if an Associate Judge carries out the duties of the Registrar of the Court of Appeal or the Registrar of Criminal Appeals only because of section 111(2) of the Supreme Court Act 1986—

(a) this Act does not apply in relation to the office of Registrar of the Court of Appeal, or the office of Registrar of Criminal Appeals; and

(b) that office is not a judicial office for the purposes of this Act.

(2B) For the avoidance of doubt, on and from the commencement of section 21 of the Courts Legislation Miscellaneous Amendments Act 2010, if the holder of the office of Registrar of the Court of Appeal, or of the office of Registrar of Criminal Appeals, is a judicial registrar within the meaning of the Supreme Court Act 1986—

(a) this Act does not apply in relation to the office of Registrar of the Court of Appeal, or the office of Registrar of Criminal Appeals; and

(b) that office is not a judicial office for the purposes of this Act.

(3) On and from the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008, a reference in this Act to "Master of the County Court" includes an associate judge of the County Court.

__________________

4

S. 3(2A) inserted by No. 34/2010 s. 26.

s. 3

S. 3(2B) inserted by No. 34/2010 s. 26.

S. 3(3) inserted by No. 24/2008 s. 82(2).

PART 2—SALARIES AND ALLOWANCES OF JUDICIAL OFFICERS AND REMUNERATION OF ACTING

MAGISTRATES

4 Salaries of judicial officers and remuneration of acting magistrates (2004–2005)

(1) The holder of a judicial office specified in column 1 of the Table is entitled to be paid a salary—

(a) at the annual rate specified in column 2 of the Table with effect on and from 11 May 2004; and

(b) at the annual rate specified in column 3 of the Table with effect on and from 1 July 2004.

TableColumn 1 Column 2 Column 3

Judicial Office 11 May 2004 1 July 2004

Chief Justice of the Supreme Court

$264 000 $272 000

President of the Court of Appeal

$249 000 $257 000

Judge of Appeal (other than the Chief Justice and the President of the Court of Appeal)

$241 600 $249 000

Supreme Court Judge

$233 900 $241 000

Chief Judge of the County Court

$233 900 $241 000

Judge of the County Court (other than the Chief Judge)

$202 700 $208 800

Chief Magistrate $202 700 $208 800

s. 4

S. 4(1) (Table) amended by Nos. 77/2008 s. 129(Sch. 2 item 15), 34/2010 s. 27.


5

Column 1 Column 2 Column 3

Judicial Office 11 May 2004 1 July 2004

Deputy Chief Magistrate

$172 300 $177 500

Magistrate (other than the Chief Magistrate and Deputy Chief Magistrates)

$162 200 $167 000

Senior Master of the Supreme Court

$208 300 $214 500

Master or Associate Judge who is Registrar of the Court of Appeal

$208 300 $214 500

General Supreme Court Master

$198 200 $204 000

Specialist Supreme Court Master

$188 500 $194 000

Master of the County Court

$198 200 $204 000

Deputy State Coroner

$172 300 $177 500

* * * * *

S. 4(3)(4) inserted by No. 3/2005 s. 22(3), repealed by No. 63/2013 s. 89.s. 4

* * * * *

S. 4(2) amended by No. 3/2005 s. 22(1)(2), repealed by No. 63/2013 s. 89.


6

5 Salaries of Supreme Court Judges (2005 onwards)

(1) Subject to this section, for financial year 2005/2006 a Supreme Court Judge is entitled to be paid a salary at the annual rate calculated in accordance with the following formula—

S04/05 + 12

{FJ05/06 − S04/05}

where—

S04/05 is the annual salary of a Supreme Court Judge as at 30 June 2005;

FJ05/06 is the annual salary of a Federal Court Judge as at 1 July 2005 or any higher annual salary of a Federal Court Judge effective at any time during the financial year 2005/2006.

(2) Subject to this section, for financial year 2006/2007 a Supreme Court Judge is entitled to be paid a salary at the annual rate calculated in accordance with the following formula—

S05/06 + 34

{FJ06/07 − S05/06}

where—

S05/06 is the annual salary of a Supreme Court Judge as at 30 June 2006;

FJ06/07 is the annual salary of a Federal Court Judge as at 1 July 2006 or any higher annual salary of a Federal Court Judge effective at any time during the financial year 2006/2007.

(3) Despite anything to the contrary in subsections (1) and (2), any adjustment of the salary of a Supreme

s. 5


7

Court Judge under those subsections in respect of a financial year only takes effect—

(a) if an adjustment of the salary of a Federal Court Judge takes effect during that year and the relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 of the Commonwealth, from the beginning of the day after the last day on which either House of that Parliament could have passed such a resolution in respect of that determination or the date on which that determination takes effect (whichever is the later); and

(b) from 1 October in that year if no adjustment of the salary of a Federal Court Judge takes effect during that year before that date.

(4) Subject to this section, with effect on and from 1 July 2007 a Supreme Court Judge is entitled to be paid a salary at the same annual rate as that payable from time to time to a Federal Court Judge.

(5) Despite anything to the contrary in subsection (4), any adjustment of the salary of a Supreme Court Judge under that subsection in respect of a financial year only takes effect—

(a) if an adjustment of the salary of a Federal Court Judge takes effect during that year and the relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 of the Commonwealth, from the beginning of the day after the last day on which either House of that Parliament could have passed such a

s. 5


8

resolution in respect of that determination or the date on which that determination takes effect (whichever is the later); and

(b) in the case of financial year 2007/2008, from 1 October 2007 if no adjustment of the salary of a Federal Court Judge takes effect during that year before that date.

6 Salaries of other judicial officers and remuneration of reserve magistrates (2005 onwards)

(1) In this section relevant judicial office means a judicial office specified in column 1 of the Table in section 4(1) other than that of a Supreme Court Judge.

(2) With effect on and from 1 July 2005 the holder of a relevant judicial office is entitled to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as the annual salary of a holder of that relevant judicial office bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.

* * * * *

* * * * *

* * * * *

S. 6 (Heading) amended by No. 5/2013 s. 46(1).

s. 6

S. 6(2A) inserted by No. 3/2005 s. 23(1), repealed by No. 63/2013 s. 90(1)(a).

S. 6(2B) inserted by No. 3/2005 s. 23(1), repealed by No. 63/2013 s. 90(1)(a).

S. 6(3) amended by No. 3/2005 s. 23(2), repealed by No. 63/2013 s. 90(1)(a).


9

* * * * *

(3AAB) A reserve Judge of the Supreme Court performing the duties of a Judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is—

(a) in the case of a reserve Judge referred to in section 81F(3)(a) of the Constitution Act 1975, 1/235th of the annual salary of a Judge of Appeal (other than the Chief Justice and the President of the Court of Appeal) who is not a reserve Judge; and

(b) in any other case, 1/235th of the annual salary of a Judge of the Supreme Court who is not a reserve Judge.

(3AAC) A reserve judge of the County Court performing the duties of a judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of a judge of the County Court (other than the Chief Judge) who is not a reserve judge.

(3AAD) A reserve magistrate performing the duties of a magistrate on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of a magistrate (other than the Chief Magistrate and the Deputy Chief Magistrates) who is not a reserve magistrate.

S. 6(3AA) inserted by No. 5/2013 s. 46(2), repealed by No. 63/2013 s. 90(1)(a).

S. 6(3AAB) inserted by No. 5/2013 s. 46(2), substituted by No. 63/2013 s. 90(2).

s. 6

S. 6(3AAC) inserted by No. 5/2013 s. 46(2).

S. 6(3AAD) inserted by No. 5/2013 s. 46(2).


10

(3AAE) A reserve Associate Judge of the Supreme Court performing the duties of an Associate Judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is—

(a) in the case of a reserve Associate Judge referred to in section 83B(3)(a) of the Constitution Act 1975, 1/235th of the annual salary of an Associate Judge who is the Senior Master who is not a reserve Associate Judge; and

(b) in any other case, 1/235th of the annual salary of a General Supreme Court Master.

(3AAF) A reserve associate judge of the County Court performing the duties of an associate judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of an associate judge of the County Court who is not a reserve associate judge.

(3A) With effect on and from the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, the holder of an office of Associate Judge referred to in section 3(2) is entitled to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as—

(a) in the case of the office of Associate Judge who is the Senior Master, the annual salary of the Senior Master of the Supreme Court bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005; and

S. 6(3AAE) inserted by No. 63/2013 s. 90(3).

S. 6(3AAF) inserted by No. 63/2013 s. 90(3).

S. 6(3A) inserted by No. 24/2008 s. 82(3) (as amended by No. 78/2008 s. 23(3)).

s. 6


11

(b) in the case of the office of Associate Judge who is the Registrar of the Court of Appeal, the annual salary of the Registrar of the Court of Appeal bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005; and

(c) in the case of the office of Associate Judge other than the Senior Master or Registrar of the Court of Appeal or a Specialist Supreme Court Master, the annual salary of a General Master of the Supreme Court bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.

(3AB) Despite the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008, for the purposes of sections 104A and 144 of the Supreme Court Act 1986, a Specialist Supreme Court Master continues to be entitled, on and from that commencement, to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as the annual salary of a Specialist Supreme Court Master bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.

S. 6(3B) inserted by No. 24/2008 s. 82(3).s. 6

(3B) With effect on and from the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008, the holder of an office of Associate Judge referred to in section 3(3) is entitled to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as the annual salary of a Master of the County Court bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005.

S. 6(3AB) inserted by No. 24/2008 s. 82(3) (as amended by No. 78/2008 s. 23(4)).


12

(4) The Attorney-General must issue a certificate specifying the annual salaries of relevant judicial offices, and the remuneration of reserve judges, reserve associate judges and reserve magistrates, as soon as practicable after any adjustment to those salaries or that remuneration takes effect.

7 Allowances of judicial officers

(1) The holder of a judicial office specified in column 1 of the Table in section 4(1) is entitled to be paid allowances—

(a) at such rate or of such amount or of such kind as those to which the holder of such an office was entitled immediately before the commencement of this Act; or

(b) at such rate or of such amount or of such kind as are for the time being applicable pursuant to a certificate of the Attorney-General issued under section 15 of the Judicial Remuneration Tribunal Act 1995 on or after the commencement of this Act.

(2) In this section, a reference to the holder of a judicial office specified in column 1 of the Table in section 4(1) includes a reference to a person who holds a judicial office as—

(a) a reserve Judge of the Supreme Court; or

(ab) a reserve Associate Judge of the Supreme Court; or

(b) a reserve judge of the County Court; or

S. 6(4) amended by No. 63/2013 s. 90(1)(b).

S. 7 amended by No. 3/2005 s. 24 (ILA s. 39B(1)).

s. 7

S. 7(2) inserted by No. 3/2005 s. 24.

S. 7(2)(a) amended by No. 5/2013 s. 47.

S. 7(2)(ab) inserted by No. 63/2013 s. 91(a).

S. 7(2)(b) amended by No. 5/2013 s. 47.


13

(ba) a reserve associate judge of the County Court; or

(c) a reserve magistrate.

* * * * *

__________________

* * * * *

═══════════════

S. 7(2)(ba) inserted by No. 63/2013 s. 91(b).

S. 7(2)(c) amended by No. 5/2013 s. 47.

S. 7A inserted by No. 3/2005 s. 25, repealed by No. 63/2013 s. 92.

s. 7A

Pts 3, 4 (Headings and ss 8–14) repealed by No. 28/2007 s. 3(Sch. item 34).


14

ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 12 May 2004

Legislative Council: 27 May 2004

The long title for the Bill for this Act was "to remove the function of the Judicial Remuneration Tribunal to make determinations in relation to the salaries and allowances of judicial officers and the remuneration of acting magistrates and make fresh provision with respect to such salaries, allowances and remuneration, to amend the Judicial Remuneration Tribunal Act 1995 and make consequential amendments to the Constitution Act 1975, the County Court Act 1958 and the Magistrates' Court Act 1989 and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 26 May 2004

Legislative Council: 1 June 2004

The Judicial Salaries Act 2004 was assented to on 8 June 2004 and came into operation on 9 June 2004: section 2.

Endnotes


15

2. Table of AmendmentsThis Version incorporates amendments made to the Judicial Salaries Act 2004 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005

Assent Date: 5.4.05Commencement Date: Ss 22–25 on 1.5.05: s. 2(2)Current State: This information relates only to the provision/s

amending the Judicial Salaries Act 2004

Statute Law Revision Act 2007, No. 28/2007Assent Date: 26.6.07Commencement Date: S. 3(Sch. item 34) on 27.6.07: s. 2(1)Current State: This information relates only to the provision/s


Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 (as amended by No. 78/2008)

Assent Date: 3.6.08Commencement Date: S. 82 on 17.12.08: Special Gazette (No. 377) 16.12.08

p. 1Current State: This information relates only to the provision/s


Coroners Act 2008, No. 77/2008Assent Date: 11.12.08Commencement Date: S. 129(Sch. 2 item 15) on 1.11.09: s. 2Current State: This information relates only to the provisions


Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010Assent Date: 15.6.10Commencement Date: Ss 26, 27 on 1.1.11: s. 2(5)Current State: This information relates only to the provision/s


Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013Assent Date: 26.2.13Commencement Date: Ss 45–47 on 27.2.13: s. 2(1)Current State: This information relates only to the provision/s


Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013Assent Date: 6.11.13Commencement Date: Ss 88–92 on 1.2.14: s. 2(2)Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes


16

3. Explanatory DetailsNo entries at date of publication.

Endnotes


17

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