Judicial Entitlements Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Judicial Entitlements Act 2015 No. 29 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 Part 2—Judicial entitlements 9 Division 1—Judicial entitlements 9 4 Judicial entitlements to be authorised by law 9 5 Salary entitlements of judicial officers 9 6 Salary of reserve judicial officer—full time basis 11 7 Salary of reserve judicial officer—sessional rates 13 8 Salaries to be rounded to nearest whole dollar 15 9 Date salary adjustments take effect 15 10 Salary certificate 16 11 Conditions of service of judicial officers 16 12 Accrued sabbatical and long service leave 16 13 Accrued annual leave and long service leave—magistrates 17 Division 2—Salary sacrifice 17 14 Salary sacrifice arrangements 17 Part 3—Judicial Entitlements Panel 19 15 Establishment of Judicial Entitlements Panel 19 16 Functions of Panel 19 17 Membership of Panel 19 18 Chairperson of Panel 20 19 Terms and conditions of office 21 20 Vacancies, resignations and removal from office 21 21 Acting appointments 22 22 Meetings of the Panel 23 23 Persons to assist the Panel 24 24 Validity of decisions 24 -- 1 of 82 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 4—Recommendations of the Panel and advisory opinions 25 Division 1—Own motion recommendations 25 25 Panel may make own motion recommendations 25 26 Panel to report own motion recommendations to Attorney- General 25 Division 2—Advisory opinions 26 27 Attorney-General may request advisory opinion 26 28 Panel must inquire into subject matter of request for advisory opinion 27 29 Panel to report advisory opinion to Attorney-General 27 Division 3—General requirements for own motion recommendations and advisory opinions 27 30 Panel to invite certain submissions 27 31 Panel must take certain factors into account 28 32 Reasons 29 33 Tabling before Parliament of reports 30 34 Tabling of recommendation statement 31 35 Entitlement certificates 32 36 Publication of entitlement certificate in Government Gazette 33 Part 5—General 34 37 Register 34 38 Attorney-General to include documents in register as soon as practicable after specified events 34 39 Request for advisory opinion may be excluded from register or on register in redacted form 35 40 Regulations 36 Part 6—Repeals and transitional provisions 37 41 Repeal of Judicial Salaries Act 2004 37 42 Repeal of Judicial Remuneration Tribunal Act 1995 37 43 Certificates under section 15 of the Judicial Remuneration Tribunal Act 1995 38 44 Pre-existing salary sacrifice arrangements 38 45 Certain offices referred to in Judicial Salaries Act 2004 39 46 Panel to report as soon as practicable and within 9 months of establishment 40 47 Regulations dealing with transitional matters 40 Part 7—Miscellaneous amendments relating to entitlements 42 Division 1—Amendment of Children, Youth and Families Act 2005 42 48 Remuneration and terms and conditions of appointment 42 -- 2 of 82 -- Section Page iii Authorised by the Chief Parliamentary Counsel Division 2—Amendment of Coroners Act 2008 43 49 Deputy State Coroner 43 50 Appointment of coroners 44 51 Remuneration and terms and conditions of appointment 45 52 Appropriation of certain amounts in relation to reserve coroners 46 Division 3—Judicial Remuneration Tribunal Act 1995 46 53 New sections 16 to 21 inserted 46 Division 4—Amendment of the Constitution Act 1975 51 54 Appropriation of certain amounts in relation to reserve Judges 51 55 Salaries, allowances and pensions of Judges of the Supreme Court 52 56 As to pensions of Judges of the Supreme Court and their partners and children 52 57 Salaries of Associate Judges 54 58 Appropriation of certain amounts in relation to reserve Associate Judges 54 Division 5—Amendment of Supreme Court Act 1986 55 59 Pension entitlements of Associate Judges, their partners and children 55 60 Remuneration and terms and conditions of appointment 56 Division 6—Amendment of County Court Act 1958 58 61 Salaries and allowances of the Chief Judge and other judges 58 62 Appropriation of certain amounts in relation to reserve judges 58 63 Provision for pensions to County Court judges and their partners 58 64 Salaries and allowances of associate judges 59 65 Pension entitlements of associate judges, their partners and children 60 66 Appropriation of certain amounts in relation to reserve associate judges 62 67 Remuneration and terms and conditions of appointment 62 Division 7—Amendment of Magistrates' Court Act 1989 63 68 Power to complete matters—magistrates and reserve magistrates 63 69 Pension of Chief Magistrate 63 70 Terms and conditions of appointment 64 71 Part 1 of Schedule 1 amended 65 72 Part 2 of Schedule 1 amended 65 -- 3 of 82 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 8—Statute law revision 65 73 Statute law revision—Powers of Attorney Act 2014 65 Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act 66 Division 1—Amendment of Constitution Act 1975 66 74 Heading to section 81F amended 66 75 Remuneration and entitlements of reserve Judge 66 76 Salaries, allowances and pensions of Judges of the Supreme Court 67 77 As to pensions of Judges of the Supreme Court and their partners and children 68 78 Salaries of Associate Judges 68 79 Remuneration and allowances of reserve Associate Judges 69 Division 2—Amendment of County Court Act 1958 70 80 Salaries and allowances of the Chief Judge and other judges 70 81 Remuneration and entitlements of reserve judge 71 82 Salaries and allowances of associate judges 71 83 Remuneration and allowances of reserve associate judges 72 Division 3—Amendment of Magistrates' Court Act 1989 73 84 Salaries 73 85 Part 1 of Schedule 1 amended 74 86 Part 2 of Schedule 1 amended 75 Division 4—Amendment of Coroners Act 2008 76 87 Deputy State Coroner 76 88 Remuneration and allowances of reserve coroners 76 Division 5—Repeal of amending Parts 77 89 Repeal of amending Parts 77 ═══════════════ Endnotes 78 1 General information 78 -- 4 of 82 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Judicial Entitlements Act 2015† No. 29 of 2015 [Assented to 11 August 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to modernise the processes and structures for determining salaries, allowances and conditions of service for judicial officers in a manner that recognises and maintains judicial independence; and Victoria -- 5 of 82 -- Part 1—Preliminary Judicial Entitlements Act 2015 No. 29 of 2015 2 Authorised by the Chief Parliamentary Counsel (b) to repeal the Judicial Salaries Act 2004 and the Judicial Remuneration Tribunal Act 1995; and (c) to make consequential and miscellaneous amendments to other Acts. 2 Commencement (1) This Part and Part 7 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into operation before 1 January 2016, it comes into operation on that day. 3 Definitions In this Act— advisory opinion means an opinion of the Panel given under Division 2 of Part 4; associate judge of the County Court means a person appointed under section 17A of the County Court Act 1958; Associate Judge of the Supreme Court means an Associate Judge appointed under section 104 of the Supreme Court Act 1986 and referred to in section 75(4) of the Constitution Act 1975; chairperson means the person appointed under section 18; conditions of service means the following— (a) leave entitlements, including— (i) annual leave; -- 6 of 82 -- Part 1—Preliminary Judicial Entitlements Act 2015 No. 29 of 2015 3 Authorised by the Chief Parliamentary Counsel (ii) personal and carer's leave; (iii) parental leave; (iv) special leave; (v) additional annual leave arrangements, including purchased leave schemes; Example 48/52 schemes. (vi) long service leave, including sabbatical leave; (vii) recognition of prior service for long service leave purposes; (b) the payment out of accrued leave or the transferring or carrying over of accrued leave from previous judicial office or other public office; (c) allowances; (d) benefits provided to or on behalf of a judicial officer, whether monetary or not— but does not include salary, pensions and superannuation; entitlement means the following— (a) conditions of service; (b) salary; (c) pension and superannuation; entitlement certificate means— (a) in relation to an own motion recommendation, a certificate issued under section 35(1); -- 7 of 82 -- Part 1—Preliminary Judicial Entitlements Act 2015 No. 29 of 2015 4 Authorised by the Chief Parliamentary Counsel (b) in relation to an advisory opinion, a certificate issued under section 35(3); Federal Court Judge means a Judge of the Federal Court other than the Chief Justice of the Federal Court; Federal Remuneration Tribunal means the Remuneration Tribunal established under the Remuneration Tribunal Act 1973 of the Commonwealth; Judge of Appeal means a person referred to in section 75(3)(c) of the Constitution Act 1975; judicial officer means the following— (a) the Chief Justice; (b) the President of the Court of Appeal; (c) a Judge of Appeal; (d) a Supreme Court Judge; (e) an Associate Judge of the Supreme Court; (f) a reserve Judge of the Supreme Court; (g) a reserve Associate Judge of the Supreme Court; (h) the Chief Judge; (i) a judge of the County Court, other than the Chief Judge; (j) an associate judge of the County Court; (k) a reserve judge of the County Court; (l) a reserve associate judge of the County Court; (m) the Chief Magistrate; (n) a Deputy Chief Magistrate; -- 8 of 82 -- Part 1—Preliminary Judicial Entitlements Act 2015 No. 29 of 2015 5 Authorised by the Chief Parliamentary Counsel (o) the Deputy State Coroner; (p) a magistrate other than the Chief Magistrate or a Deputy Chief Magistrate; (q) a reserve magistrate; (r) a reserve coroner; judicial registrar means— (a) in the case of the Supreme Court, a judicial registrar within the meaning of the Supreme Court Act 1986; (b) in the case of the County Court, a judicial registrar within the meaning of the County Court Act 1958; (c) in the case of the Magistrates' Court, a judicial registrar within the meaning of the Magistrates' Court Act 1989; (d) in the case of the Children's Court, a judicial registrar within the meaning of the Children, Youth and Families Act 2005; (e) in the case of the Coroners Court, a judicial registrar within the meaning of the Coroners Act 2008; member means member of the Panel; non-judicial member of VCAT means a member of VCAT other than the President of VCAT or a Vice President of VCAT; non-salary benefits has the same meaning as in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004; own motion recommendation means a recommendation of the Panel made under Division 1 of Part 4; -- 9 of 82 -- Part 1—Preliminary Judicial Entitlements Act 2015 No. 29 of 2015 6 Authorised by the Chief Parliamentary Counsel Panel means the Judicial Entitlements Panel established under section 15; part-time service arrangement— (a) in relation to a Judge or an Associate Judge of the Supreme Court, has the same meaning as it has in the Constitution Act 1975; (b) in relation to a judge or an associate judge of the County Court, has the same meaning as it has in the County Court Act 1958; (c) in relation to a magistrate, has the same meaning as it has in the Magistrates' Court Act 1989; President of the Court of Appeal means a person referred to in section 75(3)(b) of the Constitution Act 1975; public service body Head has the same meaning as it has in the Public Administration Act 2004; recommendation statement means a statement of the Attorney-General under section 34; register means the register established and maintained under section 37; reserve associate judge of the County Court means a reserve associate judge within the meaning of the County Court Act 1958 engaged under section 17KC of that Act to undertake the duties of an associate judge of the court; -- 10 of 82 -- Part 1—Preliminary Judicial Entitlements Act 2015 No. 29 of 2015 7 Authorised by the Chief Parliamentary Counsel reserve Associate Judge of the Supreme Court means a reserve Associate Judge within the meaning of the Constitution Act 1975 engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of an Associate Judge; reserve coroner means a reserve coroner within the meaning of the Coroners Act 2008 engaged under section 102L of that Act to undertake the duties of a coroner; 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; reserve judicial officer means— (a) a reserve Judge of the Supreme Court; (b) a reserve Associate Judge of the Supreme Court; (c) a reserve judge of the County Court; (d) a reserve associate judge of the County Court; (e) a reserve magistrate; (f) a reserve coroner; 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; -- 11 of 82 -- Part 1—Preliminary Judicial Entitlements Act 2015 No. 29 of 2015 8 Authorised by the Chief Parliamentary Counsel salary certificate means a certificate issued under section 10; salary of 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; salary of a Supreme Court Judge means the salary fixed from time to time under section 5(1); salary table means the table to section 5; Secretary means the Secretary to the Department of Justice and Regulation; Supreme Court Judge means a Judge of the Court referred to in section 75(3) of the Constitution Act 1975 other than the following— (a) the Chief Justice; (b) the President of the Court of Appeal; (c) a Judge of Appeal. -- 12 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 9 Authorised by the Chief Parliamentary Counsel Part 2—Judicial entitlements Division 1—Judicial entitlements 4 Judicial entitlements to be authorised by law (1) A judicial officer is entitled to the salary in respect of that office determined by or under this Act. (2) A judicial officer is entitled to the allowances in respect of that office determined— (a) by or under this Act; or (b) by any other law. (3) A judicial officer is entitled to the conditions of service in respect of that office determined— (a) by or under this Act; or (b) by any other law. (4) In this section, any other law includes a Commonwealth Act. 5 Salary entitlements of judicial officers (1) A Supreme Court Judge is entitled to be paid a salary at the same rate as the salary of a Federal Court Judge payable from time to time. Note See also section 9 regarding timing of adjustments to salary. (2) A judicial officer (other than a reserve judicial officer) specified in Column 1 of the salary table is entitled to be paid a salary at the percentage of the salary of a Supreme Court Judge specified for that judicial officer in Column 2 of the salary table. Note See sections 6 and 7 for salaries of reserve judicial officers. -- 13 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 10 Authorised by the Chief Parliamentary Counsel (3) A judicial officer (other than a reserve judicial officer) to whom a part-time service arrangement applies is entitled to be paid— (a) in the case of a Supreme Court Judge, a pro- rata salary of the salary of a Supreme Court Judge; and (b) in the case of a judicial officer specified in Column 1 of the salary table, a pro-rata salary of the percentage of the salary of a Supreme Court Judge specified for that judicial officer in Column 2 of the salary table. Table of percentages of salary of Supreme Court Judge Item Column 1 Judicial officer Column 2 Percentage of salary of Supreme Court Judge 1 Chief Justice 112⋅86% 2 President of the Court of Appeal 106⋅64% 3 Judge of Appeal 103⋅32% 4 Associate Judge of the Supreme Court who is the Senior Master 89⋅00% 5 Registrar of the Court of Appeal other than when that office is or was held by a judicial registrar of the Supreme Court 89⋅00% 6 Associate Judge of the Supreme Court other than an Associate Judge referred to in item 4, 5 or 7 of this Table 84⋅65% 7 Associate Judge of the Supreme Court who is or was a Specialist Supreme Court Master 80⋅50% 8 Chief Judge 100⋅00% 9 Judge of the County Court other than the Chief Judge 86⋅64% 10 Associate judge or master of the County Court 84⋅65% 11 Chief Magistrate 86⋅64% -- 14 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 11 Authorised by the Chief Parliamentary Counsel Item Column 1 Judicial officer Column 2 Percentage of salary of Supreme Court Judge 12 Deputy Chief Magistrate 73⋅65% 13 Deputy State Coroner 73⋅65% 14 Magistrate other than the Chief Magistrate or a Deputy Chief Magistrate 69⋅29% 6 Salary of reserve judicial officer—full time basis (1) Subject to subsection (2), each reserve judicial officer engaged to undertake duties on a full time basis is entitled to be paid a salary in accordance with the rate for the time being applicable under the salary table as follows— (a) in the case of a reserve Judge of the Supreme Court— (i) to the holder of the office of Judge of Appeal other than on a reserve basis if the reserve Judge— (A) was the Chief Justice, the President of the Court of Appeal or a Judge of Appeal immediately before the Judge's commission ceased under section 77(4)(a), (b), (c), (d) or (e) of the Constitution Act 1975; or (B) is engaged under section 81B of that Act to undertake the duties of a Judge of Appeal; or (ii) in any other case, to the holder of the office of Supreme Court Judge other than on a reserve basis; (b) in the case of a reserve Associate Judge of the Supreme Court— -- 15 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 12 Authorised by the Chief Parliamentary Counsel (i) to the holder of the office of Senior Master of the Supreme Court other than on a reserve basis if the reserve Associate Judge— (A) was the Senior Master immediately before the person retired or resigned; or (B) is engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of the Senior Master; or (ii) in any other case, to an Associate Judge referred to in item 6 of the salary table; (c) in the case of a reserve judge of the County Court, to the holder of that office (other than the Chief Judge) on other than a reserve basis; (d) in the case of a reserve associate judge of the County Court, to the holder of that office on other than a reserve basis; (e) in the case of a reserve magistrate, to the holder of that office (other than the Chief Magistrate and a Deputy Chief Magistrate) on other than a reserve basis; (f) in the case of a reserve coroner, to the holder of the office of magistrate (other than the Chief Magistrate or a Deputy Chief Magistrate) on other than a reserve basis. (2) If a reserve judicial officer engaged to undertake duties on a full time basis is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or -- 16 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 13 Authorised by the Chief Parliamentary Counsel (b) because the person has held a public office in another jurisdiction, a non-contributory pension under any other law— the amount of pension to which the reserve judicial officer is entitled must be deducted from the salary payable to that reserve judicial officer under subsection (1). 7 Salary of reserve judicial officer—sessional rates (1) Subject to subsection (2), each reserve judicial officer engaged to undertake duties on a sessional basis is entitled to be paid a salary at the sessional rate per sitting day which is— (a) in the case of a reserve Judge of the Supreme Court— (i) 1/235th of the salary of the holder of the office of Judge of Appeal who is not a reserve Judge if the reserve Judge— (A) was the Chief Justice, the President of the Court of Appeal or a Judge of Appeal immediately before the Judge's commission ceased under section 77(4)(a), (b), (c), (d) or (e) of the Constitution Act 1975; or (B) is engaged under section 81B of that Act to undertake the duties of a Judge of Appeal; or (ii) in any other case, 1/235th of the salary of a Supreme Court Judge who is not a reserve Judge; (b) in the case of a reserve Associate Judge of the Supreme Court— -- 17 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 14 Authorised by the Chief Parliamentary Counsel (i) 1/235th of the salary of an Associate Judge who is the Senior Master who is not a reserve Associate Judge if the reserve Associate Judge— (A) was the Senior Master immediately before the person retired or resigned; or (B) is engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of the Senior Master; or (ii) in any other case, 1/235th of the salary of an Associate Judge referred to in item 6 of the salary table who is not a reserve Associate Judge; (c) in the case of a reserve judge of the County Court, 1/235th of the salary of a judge of the County Court (other than the Chief Judge) who is not a reserve judge; (d) in the case of a reserve associate judge of the County Court, 1/235th of the salary of an associate judge of the County Court who is not a reserve associate judge; (e) in the case of a reserve magistrate, 1/235th of the salary of a magistrate (other than the Chief Magistrate and the Deputy Chief Magistrates) who is not a reserve magistrate; (f) in the case of a reserve coroner, 1/235th of the salary of a magistrate (other than the Chief Magistrate and the Deputy Chief Magistrates) who is not a reserve magistrate. (2) A reserve judicial officer engaged to undertake duties on a sessional basis who is entitled to— -- 18 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 15 Authorised by the Chief Parliamentary Counsel (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because the person has held a public office in another jurisdiction, a non-contributory pension under any other law— must be paid a salary at the sessional rate per sitting day which is calculated in accordance with the following formula—       − 235 P S where— S means the sessional rate for the time being applicable under subsection (1) to the reserve judicial officer; P means the annual pension to which the reserve judicial officer is entitled that is referred to in paragraph (a) or (b). 8 Salaries to be rounded to nearest whole dollar (1) The salary of a judicial officer determined under section 5, 6 or 7 is to be rounded up or down to the nearest whole dollar. (2) If the amount by which the salary is to be rounded is 50 cents, it is to be rounded up to the nearest whole dollar. 9 Date salary adjustments take effect Any adjustment of the salary of a Supreme Court Judge only takes effect on the later of— (a) if an adjustment of the salary of a Federal Court Judge takes effect and the relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the -- 19 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 16 Authorised by the Chief Parliamentary Counsel Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 of the Commonwealth, the beginning of the day after the last day on which either House of that Parliament could have passed a resolution in respect of that determination; or (b) the date on which that relevant determination of the Federal Remuneration Tribunal takes effect. 10 Salary certificate (1) The Attorney-General must issue a salary certificate specifying— (a) the salary of a Supreme Court Judge; and (b) the salaries of the judicial officers specified in the salary table; and (c) the sessional rates per sitting day of reserve judicial officers. (2) A salary certificate must be issued as soon as practicable after any adjustment to the salaries or sessional rates referred to in subsection (1) takes effect. 11 Conditions of service of judicial officers A judicial officer is entitled to the conditions of service provided for in any entitlement certificate applicable to that office. 12 Accrued sabbatical and long service leave (1) This section applies to the following judicial officers (other than a reserve judicial officer)— (a) a Judge of the Supreme Court, including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal; (b) an Associate Judge of the Supreme Court; -- 20 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 17 Authorised by the Chief Parliamentary Counsel (c) a judge of the County Court, including the Chief Judge; (d) an associate judge of the County Court. (2) A judicial officer to whom this section applies is entitled on the resignation, retirement or death of that judicial officer to payment out of the accrued sabbatical and long service leave entitlements (if any) in respect of the judicial officer not exceeding a period of 12 months. 13 Accrued annual leave and long service leave— magistrates A magistrate (other than a reserve magistrate) is entitled on the resignation, retirement or death of that magistrate to payment out of any accrued annual leave and long service leave entitlements in respect of the magistrate. Division 2—Salary sacrifice 14 Salary sacrifice arrangements (1) A judicial officer, by written notice to the Attorney-General, may enter into an arrangement under which the judicial officer agrees to receive the whole or part of the judicial officer's total amount of future salary as a judicial officer (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value. (2) A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (3) A judicial officer may vary or revoke a notice given under subsection (1) by written notice to the Attorney-General. -- 21 of 82 -- Part 2—Judicial entitlements Judicial Entitlements Act 2015 No. 29 of 2015 18 Authorised by the Chief Parliamentary Counsel (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (5) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to a judicial officer to be reduced. (6) An arrangement referred to in this section does not constitute, and is taken never to have constituted, a reduction in the salary or the aggregate value of the allowances of a judicial officer who enters or entered into the arrangement. (7) This section does not apply to— (a) a Judge of the Supreme Court who made an election under section 80A of the Constitution Act 1975 before the commencement of section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005; or (b) a judge of the County Court who made an election under section 13A of the County Court Act 1958 as in force immediately before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005. -- 22 of 82 -- Part 3—Judicial Entitlements Panel Judicial Entitlements Act 2015 No. 29 of 2015 19 Authorised by the Chief Parliamentary Counsel Part 3—Judicial Entitlements Panel 15 Establishment of Judicial Entitlements Panel The Judicial Entitlements Panel is established. 16 Functions of Panel (1) The functions of the Panel are— (a) to make own motion recommendations to the Attorney-General in relation to the conditions of service of judicial officers; and (b) to provide advisory opinions to the Attorney- General in relation to the entitlements of judicial officers, judicial registrars and non-judicial members of VCAT; and (c) to provide advisory opinions to the Attorney- General in relation to any matter relating to the terms and conditions of office of judicial officers, judicial registrars and non-judicial members of VCAT, including any restrictions applying in relation to any of those offices. (2) The Panel has any other functions conferred on it by or under this Act or any other Act. (3) The Panel must act in an independent, impartial and timely manner in carrying out its functions. (4) Subject to this Act, in the performance of its functions, the Panel— (a) may inform itself in any manner it thinks fit; and (b) is not bound by the rules of evidence. 17 Membership of Panel (1) The Panel consists of 3 members appointed by the Governor in Council on the recommendation of the Attorney-General. -- 23 of 82 -- Part 3—Judicial Entitlements Panel Judicial Entitlements Act 2015 No. 29 of 2015 20 Authorised by the Chief Parliamentary Counsel (2) The members appointed to the Panel must be persons who the Attorney-General considers have expertise and experience relevant to the functions of the Panel. (3) Before making a recommendation for appointment of a member under subsection (1), the Attorney- General must consult with the Chief Justice. (4) The following persons are not eligible for appointment as a member— (a) a person who holds or has held— (i) judicial office in Victoria; or (ii) a Commonwealth judicial office; or (iii) judicial office in any other State or a Territory; (b) a person who holds or has held an office referred to in paragraph (a) on an acting basis or a reserve basis; (c) a person who holds or has held an office or a position as a judicial registrar; (d) a person who holds or has held an office or a position as a non-judicial member of VCAT; (e) a person employed under Part 3 of the Public Administration Act 2004; (f) a person who is an insolvent under administration; (g) a person who has been found guilty or convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence. 18 Chairperson of Panel The Governor in Council must appoint one of the members to be the chairperson of the Panel. -- 24 of 82 -- Part 3—Judicial Entitlements Panel Judicial Entitlements Act 2015 No. 29 of 2015 21 Authorised by the Chief Parliamentary Counsel 19 Terms and conditions of office (1) A member holds office— (a) for a term not exceeding 4 years specified in the member's instrument of appointment; and (b) subject to this Act, on the terms and conditions specified in the member's instrument of appointment. (2) Subject to this Act, a member is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment. (3) A member is eligible for reappointment. (4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Panel in respect of the office of member. 20 Vacancies, resignations and removal from office (1) The office of a member becomes vacant if the member— (a) is appointed— (i) to judicial office in Victoria; or (ii) to a Commonwealth judicial office; or (iii) to judicial office in any other State or a Territory; or (b) becomes the holder of an office referred to in paragraph (a) on an acting basis or a reserve basis; or (c) is appointed as a judicial registrar; or (d) is appointed as a non-judicial member of VCAT; or (e) is employed under Part 3 of the Public Administration Act 2004; or -- 25 of 82 -- Part 3—Judicial Entitlements Panel Judicial Entitlements Act 2015 No. 29 of 2015 22 Authorised by the Chief Parliamentary Counsel (f) becomes an insolvent under administration; or (g) is found guilty or convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or (h) resigns; or (i) is removed from office under subsection (3). (2) A member may resign by delivering a signed letter of resignation to the Attorney-General. (3) Subject to subsection (4), on the recommendation of the Attorney-General, the Governor in Council may remove a member from office. (4) The Attorney-General must not make a recommendation under subsection (3) unless the Attorney-General is of the opinion that the member— (a) is or has been absent from 3 consecutive meetings of the Panel without the prior leave of the Panel or without reasonable excuse; or (b) is or has been engaging in improper conduct; or (c) neglects the member's duty as a member; or (d) is unable to perform the functions and duties of the office for any reason; or (e) is otherwise unfit to hold office. 21 Acting appointments (1) The Attorney-General may appoint a person to act in the place of the chairperson or another member who— (a) is absent; or (b) for any other reason is unable to perform the duties of the office. -- 26 of 82 -- Part 3—Judicial Entitlements Panel Judicial Entitlements Act 2015 No. 29 of 2015 23 Authorised by the Chief Parliamentary Counsel (2) An acting appointment is— (a) for the term determined by the Attorney- General; and (b) on the conditions determined by the Attorney-General, including any conditions as to payment of remuneration, allowances and expenses. (3) A person appointed under subsection (1) to act has all the powers and may perform all the duties of the member for whom the person is acting. (4) The Attorney-General may terminate an acting appointment at any time. 22 Meetings of the Panel (1) The chairperson may convene meetings of the Panel. (2) At the request of the Attorney-General, the chairperson must convene a meeting of the Panel. (3) The chairperson must preside at all meetings of the Panel. (4) At a meeting of the Panel— (a) the procedure is as determined by the Panel; and (b) the quorum is 2 members, one of whom must be the chairperson; and (c) all questions must be decided by a majority of votes of the members present and voting. (5) Subject to this Act, the Panel may otherwise regulate its own proceedings. -- 27 of 82 -- Part 3—Judicial Entitlements Panel Judicial Entitlements Act 2015 No. 29 of 2015 24 Authorised by the Chief Parliamentary Counsel 23 Persons to assist the Panel (1) If the Panel thinks fit, the Panel may appoint a person or persons to assist the Panel in an inquiry in relation to any own motion recommendation or advisory opinion. (2) A person appointed under subsection (1) is entitled to the remuneration (if any) determined from time to time by the Secretary. 24 Validity of decisions An act or a decision of the Panel, including an own motion recommendation or an advisory opinion, is not invalid— (a) by reason only of— (i) a defect or irregularity in, or in connection with, the appointment of the chairperson, an acting chairperson, a member or an acting member; or (ii) a vacancy in the office of a member; or (b) on the ground that the occasion for an acting chairperson or acting member to act had not arisen or had ceased; or (c) by reason of the Panel failing to comply with any procedural requirement in relation to the making of the own motion recommendation or the giving of the advisory opinion. -- 28 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 25 Authorised by the Chief Parliamentary Counsel Part 4—Recommendations of the Panel and advisory opinions Division 1—Own motion recommendations 25 Panel may make own motion recommendations (1) The Panel may make a recommendation to the Attorney-General on the Panel's own motion in relation to conditions of service of judicial officers, including different conditions of service for different offices. (2) The Panel may make an own motion recommendation— (a) to create new conditions of service; or (b) to adjust existing conditions of service; or (c) to abolish or consolidate existing conditions of service. (3) The Panel must not make an own motion recommendation in relation to conditions of service that are inconsistent with any other Act or subordinate legislation. 26 Panel to report own motion recommendations to Attorney-General (1) The Panel must report any own motion recommendations it makes to the Attorney- General. (2) A report under subsection (1)— (a) must be made at least once every 4 years; and Note See section 46 regarding transitional report requirements. -- 29 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 26 Authorised by the Chief Parliamentary Counsel (b) may be made at more frequent intervals if the Panel considers it necessary or desirable to do so. (3) The Panel must provide a copy of a report under subsection (1) to— (a) the head of jurisdiction of any judicial officer who may be affected by the own motion recommendation; and (b) the Chief Justice. Division 2—Advisory opinions 27 Attorney-General may request advisory opinion (1) The Attorney-General may request the Panel to give an advisory opinion in relation to the following matters for judicial officers, judicial registrars and non-judicial members of VCAT— (a) entitlements; (b) terms and conditions of office, including any restrictions applying in relation to any of those offices. (2) An advisory opinion may be requested in relation to any of the following— (a) a judicial office; (b) an office of judicial registrar; (c) an office of a non-judicial member of VCAT; (d) a person who holds an office referred to in paragraphs (a) to (c). (3) A request for an advisory opinion— (a) must be in writing; and -- 30 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 27 Authorised by the Chief Parliamentary Counsel (b) may set out any factors the Attorney-General wishes to be taken into account by the Panel in giving the advisory opinion; and (c) may include a timeframe by which the Panel must give the advisory opinion. 28 Panel must inquire into subject matter of request for advisory opinion On receiving a request for an advisory opinion from the Attorney-General, the Panel must inquire into the subject matter of the request for an advisory opinion. 29 Panel to report advisory opinion to Attorney- General (1) The Panel must report to the Attorney-General on any advisory opinion it gives— (a) within the time specified by the Attorney- General in the request under section 27; or (b) if no time is specified in accordance with paragraph (a), within a reasonable time. (2) The Panel must provide a copy of a report under subsection (1) to— (a) the head of jurisdiction of any judicial officer who may be affected by the advisory opinion; and (b) the Chief Justice. Division 3—General requirements for own motion recommendations and advisory opinions 30 Panel to invite certain submissions (1) Before the Panel makes an own motion recommendation or gives an advisory opinion, the Panel, in writing, must invite a public service body Head nominated by the Minister to make a submission to the Panel providing— -- 31 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 28 Authorised by the Chief Parliamentary Counsel (a) information about relevant economic and remuneration factors in Victoria; and (b) any other relevant information that the nominated public service body Head considers appropriate. (2) Subject to subsection (4), before the Panel makes an own motion recommendation or gives an advisory opinion, the Panel must write to the head of jurisdiction of any judicial officers who may be affected by the own motion recommendation or the advisory opinion, as the case requires. (3) A written notification from the Panel under subsection (2) must request the relevant head of jurisdiction to notify the affected judicial officers that written submissions may be made to the Panel in relation to the matter under consideration. (4) If the Attorney-General has determined that a request for an advisory opinion is of a personal or confidential nature and the Panel has been requested to give an advisory opinion about a named person or named persons, the Panel must write to the person or those persons inviting the person or persons to make a written submission to the Panel. (5) The Panel must consider any submission made to the Panel— (a) on its merits; and (b) in an expeditious manner. 31 Panel must take certain factors into account (1) In making an own motion recommendation, the Panel must take into account the following— (a) the importance of the judicial function to the community; -- 32 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 29 Authorised by the Chief Parliamentary Counsel (b) the need to maintain the standing of the judiciary in the community; (c) the need to attract and retain suitably qualified candidates to judicial office; (d) the level and nature of conditions of service of judicial officers in other Australian jurisdictions; (e) movement in the Consumer Price Index; (f) the level and nature of conditions in other public offices in Victoria; (g) how any proposed own motion recommendation affects the total remuneration packages of judicial officers; (h) relevant economic and remuneration factors in Victoria, including the capacity of the State to meet any proposal for more generous conditions of service; (i) any other relevant matter. (2) In giving an advisory opinion, the Panel must take into account— (a) the factors specified in subsection (1), to the extent that those factors are relevant; and (b) any factors set out in the Attorney-General's request for the advisory opinion. 32 Reasons (1) This section applies if the Panel has invited submissions on a subject which it is considering for an own motion recommendation or an advisory opinion. (2) If the Panel makes an own motion recommendation or gives an advisory opinion on a subject to which this section applies, when -- 33 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 30 Authorised by the Chief Parliamentary Counsel making its report, the Panel must give its reasons— (a) for the recommendation or opinion; or (b) for not making the recommendation or giving the opinion. (3) If the Panel decides not to make an own motion recommendation or give an advisory opinion on a subject to which this section applies, the Panel must give its reasons for not making the recommendation or giving the opinion on that subject— (a) in its report on the own motion recommendation or the advisory opinion, if a report is prepared; or (b) if no report is prepared, in a written statement to the Attorney-General. 33 Tabling before Parliament of reports (1) Subject to subsection (3), the Attorney-General must cause a copy of the report of an own motion recommendation to be laid before each House of the Parliament within 10 sitting days after the Attorney-General receives the report. (2) Subject to subsection (3), the Attorney-General must cause a copy of the report of an advisory opinion to be laid before each House of the Parliament within 10 sitting days after the Attorney-General receives the report. (3) If the Attorney-General is of the opinion, that a report referred to in subsection (1) or (2) contains personal or confidential information which it is not appropriate to make public, the Attorney- General may— (a) in the case of a report of an advisory opinion, not lay the report before each House of the Parliament; or -- 34 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 31 Authorised by the Chief Parliamentary Counsel (b) not include the personal or confidential information in the copy of the report to be laid before each House of the Parliament under subsection (1) or (2) and lay the copy of the report in a redacted form before each House of the Parliament. (4) The Attorney-General may make a determination under subsection (3) in the Attorney-General's absolute discretion. (5) If the Attorney-General lays before each House of the Parliament a report in a redacted form, the Attorney-General must advise each House of the Parliament that the report is in a redacted form. 34 Tabling of recommendation statement (1) The Attorney-General must cause a statement to be laid before each House of the Parliament in relation to any own motion recommendation specifying— (a) whether the Attorney-General intends to accept, vary or accept only part of the own motion recommendation; and (b) if the Attorney-General does not accept the own motion recommendation give reasons for the non-acceptance. (2) If the Attorney-General intends to vary an own motion recommendation or accept only part of an own motion recommendation, the recommendation statement must give the Attorney-General's reasons for varying the own motion recommendation or accepting only part of the own motion recommendation. (3) A recommendation statement must be laid before each House of the Parliament by no later than the first sitting day after 4 months from the tabling of the own motion recommendation report under section 33. -- 35 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 32 Authorised by the Chief Parliamentary Counsel 35 Entitlement certificates (1) After receiving a report of an own motion recommendation from the Panel, the Attorney- General must issue an entitlement certificate if the recommendation statement in relation to that own motion recommendation states that the Attorney- General intends to— (a) accept the own motion recommendation; or (b) vary or accept only part of the own motion recommendation. (2) An entitlement certificate in relation to an own motion recommendation creates an entitlement under this Act in accordance with the terms of that certificate. Note Section 3(2)(c) of the Subordinate Legislation Act 1994 provides that an instrument of appointment or an instrument which changes conditions or terms of appointment is an instrument of purely administrative character for the purposes of that Act. (3) After receiving a report of an advisory opinion from the Panel, if any recommendation in the advisory opinion is a recommendation which could have been the subject of an own motion recommendation, the Attorney-General may issue an entitlement certificate which creates an entitlement under this Act in accordance with the terms of that certificate. (4) An entitlement certificate— (a) must specify the date from which the entitlement takes effect, which may be— (i) the date that the certificate is issued by the Attorney-General; or (ii) a date that is earlier or later than the date that the certificate is issued; and -- 36 of 82 -- Part 4—Recommendations of the Panel and advisory opinions Judicial Entitlements Act 2015 No. 29 of 2015 33 Authorised by the Chief Parliamentary Counsel (b) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether— (i) wholly or partially or as amended by the certificate; or (ii) as formulated, issued, prescribed or published at the time the certificate is issued or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time. 36 Publication of entitlement certificate in Government Gazette The Attorney-General must cause a copy of an entitlement certificate to be published in the Government Gazette as soon as practicable after issuing the certificate. -- 37 of 82 -- Part 5—General Judicial Entitlements Act 2015 No. 29 of 2015 34 Authorised by the Chief Parliamentary Counsel Part 5—General 37 Register (1) The Attorney-General must establish and maintain a register. (2) The register must be kept electronically. (3) The register must contain the following— (a) any request of the Attorney-General for an advisory opinion; (b) any report of an advisory opinion laid before each House of the Parliament; (c) any report of an own motion recommendation laid before each House of the Parliament; (d) any entitlement certificate; (e) any salary certificate; (f) any recommendation statement laid before each House of the Parliament; (g) any written statement of reasons provided to the Attorney-General under section 32(3)(b); (h) any other document prepared or issued under this Act that the Attorney-General considers is appropriate to include in the register. (4) The Attorney-General must ensure, as far as practicable, that the contents of the register are accessible to the public at all times without charge on an Internet site. 38 Attorney-General to include documents in register as soon as practicable after specified events The Attorney-General must ensure that— (a) a copy of any request of the Attorney- General for an advisory opinion (whether in redacted form or otherwise) is included in -- 38 of 82 -- Part 5—General Judicial Entitlements Act 2015 No. 29 of 2015 35 Authorised by the Chief Parliamentary Counsel the register as soon as practicable after the request is made; and (b) a copy of any report of an advisory opinion (whether in redacted form or otherwise) or any report of an own motion recommendation (whether in redacted form or otherwise) which is laid before each House of the Parliament in accordance with this Act is included in the register as soon as practicable after the report is laid before each House; and (c) a copy of any recommendation statement which is laid before each House of the Parliament in accordance with this Act is included in the register as soon as practicable after it is laid before each House; and (d) a copy of any written statement of reasons provided to the Attorney-General under section 32(3)(b) as soon as practicable after the Attorney-General receives the statement; and (e) any entitlement certificate or salary certificate is included in the register as soon as practicable after the certificate is issued. 39 Request for advisory opinion may be excluded from register or on register in redacted form (1) If the Attorney-General is of the opinion that a request for an advisory opinion contains personal or confidential information which it is not appropriate to include in the register, the Attorney-General may— (a) not include the request for the advisory opinion in the register; or (b) include the request for the advisory opinion in the register in a redacted form. -- 39 of 82 -- Part 5—General Judicial Entitlements Act 2015 No. 29 of 2015 36 Authorised by the Chief Parliamentary Counsel (2) The Attorney-General may make a determination under subsection (1) in the Attorney-General's absolute discretion. 40 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstances; (c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies; (d) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to any extent that is specified. -- 40 of 82 -- Part 6—Repeals and transitional provisions Judicial Entitlements Act 2015 No. 29 of 2015 37 Authorised by the Chief Parliamentary Counsel Part 6—Repeals and transitional provisions 41 Repeal of Judicial Salaries Act 2004 (1) The Judicial Salaries Act 2004 is repealed. (2) On and from the repeal of the Judicial Salaries Act 2004, in any Act (other than this Act), or in any subordinate instrument or in any other document of any kind a reference to the Judicial Salaries Act 2004 must be construed as a reference to this Act— (a) so far as the reference relates to any period on or after that repeal; and (b) if not inconsistent with the subject matter. 42 Repeal of Judicial Remuneration Tribunal Act 1995 (1) The Judicial Remuneration Tribunal Act 1995 is repealed. (2) On the repeal of the Judicial Remuneration Tribunal Act 1995, the Judicial Remuneration Tribunal is abolished and any members of the Tribunal go out of office. (3) On and from the repeal of the Judicial Remuneration Tribunal Act 1995, in any Act (other than this Act), or in any subordinate instrument or in any other document of any kind a reference to the Judicial Remuneration Tribunal Act 1995 must be construed as a reference to this Act— (a) so far as the reference relates to any period on or after that repeal; and (b) if not inconsistent with the subject matter. -- 41 of 82 -- Part 6—Repeals and transitional provisions Judicial Entitlements Act 2015 No. 29 of 2015 38 Authorised by the Chief Parliamentary Counsel 43 Certificates under section 15 of the Judicial Remuneration Tribunal Act 1995 (1) Any certificate issued under section 15 of the Judicial Remuneration Tribunal Act 1995 as in force immediately before its repeal is taken to be an entitlement certificate under this Act. (2) For the purposes of this section, a certificate issued under section 15 of the Judicial Remuneration Tribunal Act 1995 includes the certificate of the Attorney-General issued under section 15 on 30 June 2014 numbered 2/2014 as extended by section 20 of that Act, as in force immediately before its repeal. 44 Pre-existing salary sacrifice arrangements (1) If, before the commencement of section 3 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a judicial officer entered into an arrangement under which the judicial officer agreed to receive the whole or part of the judicial officer's total amount of salary as a judicial officer as non-salary benefits of an equivalent value, that arrangement has and is taken always to have had full effect according to its tenor as if it had been authorised under— (a) in the case of a Judge of the Supreme Court, section 82(7A) of the Constitution Act 1975 as in force immediately before its repeal; (b) in the case of an Associate Judge of the Supreme Court, section 83A(5) of the Constitution Act 1975 as in force immediately before its repeal; (c) in the case of a judge of the County Court, section 10(7A) of the County Court Act 1958 as in force immediately before its repeal; -- 42 of 82 -- Part 6—Repeals and transitional provisions Judicial Entitlements Act 2015 No. 29 of 2015 39 Authorised by the Chief Parliamentary Counsel (d) in the case of an associate judge of the County Court, section 17AA(5) of the County Court Act 1958 as in force immediately before its repeal; (e) in the case of a magistrate, clause 10A of Schedule 1 to the Magistrates' Court Act 1989 as in force immediately before its repeal. (2) Any salary sacrifice arrangement entered into by a judicial officer which is in force immediately before the commencement of this section continues to have effect in accordance with its terms as if it had been entered into in accordance with Division 2 of Part 2. 45 Certain offices referred to in Judicial Salaries Act 2004 On and from the repeal of the Judicial Salaries Act 2004— (a) the office of Senior Master of the Supreme Court as referred to in that Act immediately before its repeal is taken to be the office referred to in item 4 of the salary table; and (b) the office of General Supreme Court Master as referred to in that Act immediately before its repeal is taken to be the office referred to in item 6 of the salary table; and (c) the office of Specialist Supreme Court Master as referred to in that Act as in force immediately before its repeal is taken to be the office referred to in item 7 of the salary table. -- 43 of 82 -- Part 6—Repeals and transitional provisions Judicial Entitlements Act 2015 No. 29 of 2015 40 Authorised by the Chief Parliamentary Counsel 46 Panel to report as soon as practicable and within 9 months of establishment (1) Despite section 26(2), the Panel must make an initial own motion recommendation to the Attorney-General as soon as practicable after the establishment of the Panel under this Act and no later than within 9 months of its establishment. (2) Any subsequent own motion recommendation is to be in accordance with the time periods specified in section 26. (3) This section is repealed on the second anniversary of the day on which it comes into operation. 47 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from the day on which this Act received the Royal Assent; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person; and (d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section. -- 44 of 82 -- Part 6—Repeals and transitional provisions Judicial Entitlements Act 2015 No. 29 of 2015 41 Authorised by the Chief Parliamentary Counsel (3) Regulations under this section have effect despite anything to the contrary— (a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation. -- 45 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 42 Authorised by the Chief Parliamentary Counsel Part 7—Miscellaneous amendments relating to entitlements Division 1—Amendment of Children, Youth and Families Act 2005 48 Remuneration and terms and conditions of appointment (1) In section 542E(1) of the Children, Youth and Families Act 2005 for "receive the" substitute "the terms and conditions including". (2) Section 542E(2) of the Children, Youth and Families Act 2005 is repealed. (3) After section 542E(5) of the Children, Youth and Families Act 2005 insert— "(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any judicial registrar; and (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any judicial registrar; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any judicial registrar; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and -- 46 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 43 Authorised by the Chief Parliamentary Counsel (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any judicial registrar. (7) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". Division 2—Amendment of Coroners Act 2008 49 Deputy State Coroner After section 92(8) of the Coroners Act 2008 insert— "(9) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any Deputy State Coroner; and (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any Deputy State Coroner; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any Deputy State Coroner; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any Deputy State Coroner; and -- 47 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 44 Authorised by the Chief Parliamentary Counsel (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any Deputy State Coroner. (10) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". 50 Appointment of coroners (1) In section 94(3)(b)(ii) of the Coroners Act 2008 for "an acting" substitute "a". (2) In section 94(5) of the Coroners Act 2008 for "and allowances" substitute "and is entitled to the same allowances and other conditions of service". (3) After section 94(5) of the Coroners Act 2008 insert— "(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any coroner under this section; and (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any coroner under this section; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any coroner under this section; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any coroner under this section; and -- 48 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 45 Authorised by the Chief Parliamentary Counsel (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any coroner under this section. (7) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". 51 Remuneration and terms and conditions of appointment (1) In section 102E(1) of the Coroners Act 2008 for "receive the" substitute "the terms and conditions including". (2) Section 102E(2) of the Coroners Act 2008 is repealed. (3) After section 102E(5) of the Coroners Act 2008 insert— "(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any judicial registrar; and (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any judicial registrar; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any judicial registrar; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and -- 49 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 46 Authorised by the Chief Parliamentary Counsel (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any judicial registrar. (7) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". 52 Appropriation of certain amounts in relation to reserve coroners At the end of section 102R of the Coroners Act 2008 insert— "(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". Division 3—Judicial Remuneration Tribunal Act 1995 53 New sections 16 to 21 inserted After section 15 of the Judicial Remuneration Tribunal Act 1995 insert— "16 Validation of long service leave entitlements and Attorney-General's certificate 1/2008 (1) Despite anything to the contrary in Attorney- General's certificate 1/2008 in relation to prior recognition of service, a Judge of the Supreme Court (including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal) is entitled to have prior service recognised for the purpose of determining the Judge's entitlement to sabbatical and long service leave in the Judge's judicial office if— -- 50 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 47 Authorised by the Chief Parliamentary Counsel (a) the Judge was appointed to the Supreme Court before the commencement of this section and held that office on that commencement; and (b) the prior service is service in an office referred to in section 83(6) of the Constitution Act 1975 as an office in respect of which service is counted as service in the office of Judge of the Court. (2) Despite anything to the contrary in Attorney- General's certificate 1/2008 in relation to prior recognition of service, a Judge of the County Court (including the Chief Judge) is entitled to have prior service recognised for the purpose of determining the Judge's entitlement to sabbatical and long service leave in the Judge's judicial office if— (a) the Judge was appointed to the County Court before the commencement of this section and held that office on that commencement; and (b) the prior service is service in an office referred to in section 14(5) of the County Court Act 1958 as an office in respect of which service is counted as service in the office of judge of the County Court. (3) If prior service is recognised under subsection (1) or (2) in respect of a person, that person is not entitled to have any sabbatical and long service leave entitlement arising from the recognised prior service in that previous office paid out to the person in accordance with Attorney-General's certificate 1/2008. -- 51 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 48 Authorised by the Chief Parliamentary Counsel (4) In this section, Attorney-General's certificate 1/2008 means the certificate of the Attorney-General issued under section 15 on 14 February 2008 numbered 1/2008. 17 Accrued sabbatical and long service leave (1) This section applies to the following judicial officers (other than a reserve office holder)— (a) a Judge of the Supreme Court, including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal; (b) an Associate Judge of the Supreme Court; (c) a judge of the County Court, including the Chief Judge; (d) an associate judge of the County Court. (2) A judicial officer to whom this section applies is entitled on the resignation, retirement or death of that judicial officer to payment out of the accrued sabbatical and long service leave entitlements (if any) in respect of the judicial officer not exceeding a period of 12 months. 18 Accrued annual leave and long service leave—magistrates A magistrate (other than a reserve magistrate) is entitled on the resignation, retirement or death of that magistrate to payment out of any accrued annual leave and long service leave entitlements in respect of the magistrate. -- 52 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 49 Authorised by the Chief Parliamentary Counsel 19 Validation and authorisation of certain payments out (1) Any payment of accrued sabbatical and long service leave entitlements not exceeding a period of 12 months to a judicial officer referred to in section 17(1) on that person's resignation, retirement or death before the commencement of section 17 is taken to have been validly made as if it had been authorised under that section and that section had been enacted at the time it was paid. (2) Any payment of accrued annual leave and long service leave entitlements to a magistrate on that person's resignation, retirement or death before the commencement of section 18 is taken to have been validly made as if it had been authorised under that section and that section had been enacted at the time it was paid. (3) Without limiting subsection (2), if a person has resigned or retired from the office of magistrate before the commencement of section 18 but holds a judicial office referred to in section 17(1) on the commencement of section 18, any payment of accrued annual leave and long service leave entitlements to that person in respect of the office of magistrate may be made in respect of those entitlements as if section 18 had been enacted at the time of resignation or retirement. -- 53 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 50 Authorised by the Chief Parliamentary Counsel 20 Extended operation of Attorney-General's certificate 2/2014 (1) This section applies to a person who— (a) was appointed as a Judge of the Supreme Court (including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal) or a Judge of the County Court (including the Chief Judge) on or after the commencement of this section; and (b) held a recognised non-judicial office immediately before that person's appointment as a judge referred to in paragraph (a). (2) On and from the commencement of this section— (a) Attorney-General's certificate 2/2014 is taken to apply to a person to whom this section applies; and (b) that person's service in a specified non-judicial office is service in a prior office for the purposes of Schedule 3 of the certificate and is recognised in accordance with that Schedule. (3) In this section— Attorney-General's certificate 2/2014 means the certificate of the Attorney-General issued under section 15 on 30 June 2014 numbered 2/2014; specified non-judicial office means the following offices— (a) Solicitor-General; (b) Director of Public Prosecutions; (c) Chief Crown Prosecutor; -- 54 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 51 Authorised by the Chief Parliamentary Counsel (d) Senior Crown Prosecutor; (e ) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; (f) the Inspector within the meaning of the Victorian Inspectorate Act 2011. 21 References in certificates to Department of Justice or Department of Justice and Regulation Unless the context otherwise requires, in any certificate of the Attorney-General issued under section 15 and in force on the commencement of this section, a reference to a policy of the Department of Justice or the Department of Justice and Regulation (as the case requires) is to be construed as a reference to a policy issued by Court Services Victoria established under the Court Services Victoria Act 2014 issued at any time.". Division 4—Amendment of the Constitution Act 1975 54 Appropriation of certain amounts in relation to reserve Judges At the end of section 81G of the Constitution Act 1975 insert— "(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". -- 55 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 52 Authorised by the Chief Parliamentary Counsel 55 Salaries, allowances and pensions of Judges of the Supreme Court (1) In section 82(7) of the Constitution Act 1975— (a) in paragraph (a)— (i) for "salaries" substitute "amounts"; (ii) omit "and allowances"; (iii) for "under this section" substitute "to or for a Judge"; (b) in paragraph (d) for "Court." substitute "Court; and"; (c) after paragraph (d) insert— "(e) superannuation contributions and payments, if applicable, that are payable.". (2) In section 82(10) of the Constitution Act 1975, after "clause 3(5)" insert "and (6)". 56 As to pensions of Judges of the Supreme Court and their partners and children (1) After section 83(6)(b) of the Constitution Act 1975 insert— "(baa) if any Judge of the Court was immediately prior to the Judge's appointment Chief Magistrate and the appointment as Chief Magistrate was made on or after 6 March 2001, that person's service as Chief Magistrate shall count as service in the office of Judge of the Court;". -- 56 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 53 Authorised by the Chief Parliamentary Counsel (2) In section 83(6)(ac)(ii) of the Constitution Act 1975 after "other than a" insert "Local Court,". (3) In section 83(6)(ba)(i) of the Constitution Act 1975 for "Federal Magistrates Court" substitute "Federal Circuit Court of Australia". (4) In section 83(6)(ba)(ii) of the Constitution Act 1975 after "other than a" insert "Local Court,". (5) In section 83(6A) of the Constitution Act 1975— (a) for "two" substitute "more"; (b) for "his or her appointment to the last relevant office held by him or her, then his or her" substitute " the person's appointment to the last relevant office held by that person, then that person's"; (c) for "him or her" (where secondly occurring) substitute "the person". (6) After section 83(6A) of the Constitution Act 1975 insert— "(6B) Without limiting subsection (6A), for the purposes of subsections (6) and (6A), if a Judge of the Court who held a recognised service office immediately prior to the Judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person. -- 57 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 54 Authorised by the Chief Parliamentary Counsel (6C) For the purposes of this section— recognised service office means an office specified in subsection (6) or (6A) as counting as service in the office of Judge of the Court.". 57 Salaries of Associate Judges (1) In section 83A(4) of the Constitution Act 1975— (a) in paragraph (a)— (i) for "salaries" substitute "amounts"; (ii) omit "and allowances"; (iii) for "under this section" substitute "to or for an Associate Judge"; (b) in paragraph (d) for "Judges." substitute "Judges; and"; (c) after paragraph (d) insert— "(e) superannuation contributions and payments, if applicable, that are payable.". (2) In section 83A(7) of the Constitution Act 1975, after "clause 3(5)" insert "and (6)". 58 Appropriation of certain amounts in relation to reserve Associate Judges At the end of section 83C of the Constitution Act 1975 insert— "(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". -- 58 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 55 Authorised by the Chief Parliamentary Counsel Division 5—Amendment of Supreme Court Act 1986 59 Pension entitlements of Associate Judges, their partners and children After section 104A(12) of the Supreme Court Act 1986 insert— "(12A) For the purposes of this section, if any Associate Judge was immediately prior to the Associate Judge's appointment the holder of a recognised service office, the person's service in the recognised service office shall count as service as an Associate Judge. (12B) Without limiting subsection (12A), if an Associate Judge who held a recognised service office immediately prior to the Associate Judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person. (12C) For the purposes of this section— recognised service office means the following offices— (a) judge of the County Court; (b) judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent -- 59 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 56 Authorised by the Chief Parliamentary Counsel court or the Federal Circuit Court of Australia); (c) Chief Magistrate where the appointment as Chief Magistrate was made on or after 6 March 2001; (d) master of the County Court or associate judge of the County Court; (e) master or associate judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent court or the Federal Circuit Court of Australia); (f) Solicitor-General; (g) Director of Public Prosecutions; (h) Chief Crown Prosecutor; (i) Senior Crown Prosecutor; (j ) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; (k) the Inspector within the meaning of the Victorian Inspectorate Act 2011.". 60 Remuneration and terms and conditions of appointment (1) In section 113G(1) of the Supreme Court Act 1986 for "receive the" substitute "the terms and conditions including". -- 60 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 57 Authorised by the Chief Parliamentary Counsel (2) Section 113G(2) of the Supreme Court Act 1986 is repealed. (3) After section 113G(5) of the Supreme Court Act 1986 insert— "(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any judicial registrar; and (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any judicial registrar; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any judicial registrar; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any judicial registrar. (7) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". -- 61 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 58 Authorised by the Chief Parliamentary Counsel Division 6—Amendment of County Court Act 1958 61 Salaries and allowances of the Chief Judge and other judges (1) In section 10(7) of the County Court Act 1958— (a) in paragraph (a)— (i) for "salaries" substitute "amounts"; (ii) omit "and allowances"; (iii) for "under this section" substitute "to or for a judge"; (b) in paragraph (d) for "judges." substitute "judges; and"; (c) after paragraph (d) insert— "(e) superannuation contributions and payments, if applicable, that are payable.". (2) In section 10(10) of the County Court Act 1958, after "clause 3(5)" insert "and (6)". 62 Appropriation of certain amounts in relation to reserve judges At the end of section 12G of the County Court Act 1958 insert— "(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". 63 Provision for pensions to County Court judges and their partners (1) After section 14(5)(aba) of the County Court Act 1958 insert— "(abb) if any judge under this Act was immediately prior to the judge's appointment Solicitor- General that person's service as Solicitor- -- 62 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 59 Authorised by the Chief Parliamentary Counsel General shall count as service in the office of judge under this Act;". (2) In section 14(5)(ac)(ii) of the County Court Act 1958 after "other than a" insert "Local Court,". (3) In section 14(5)(ad)(ii) of the County Court Act 1958 for "than the" substitute "than a Local Court,". (4) After section 14(6) of the County Court Act 1958 insert— "(6A) Without limiting subsection (6), for the purposes of subsections (5) and (6), if a judge under this Act who held a recognised service office immediately prior to the judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person. (6B) For the purposes of this section— recognised service office means an office specified in subsection (5) or (6) as counting as service in the office of judge under this Act.". 64 Salaries and allowances of associate judges (1) In section 17AA(4) of the County Court Act 1958— (a) in paragraph (a)— (i) for "salaries" substitute "amounts"; (ii) omit "and allowances"; -- 63 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 60 Authorised by the Chief Parliamentary Counsel (iii) for "under this section" substitute "to or for an associate judge"; (b) in paragraph (d) for "judges." substitute "judges; and"; (c) after paragraph (d) insert— "(e) superannuation contributions and payments, if applicable, that are payable.". (2) In section 17AA(7) of the County Court Act 1958— (a) for "subsection (2A)" substitute "this section"; (b) after "clause 3(5)" insert "and (6)". 65 Pension entitlements of associate judges, their partners and children After section 17B(12) of the County Court Act 1958 insert— "(12A) For the purposes of this section, if any associate judge was immediately prior to the associate judge's appointment the holder of a recognised service office, the person's service in the recognised service office shall count as service as an associate judge. (12B) Without limiting subsection (12A), if an associate judge who held a recognised service office immediately prior to the associate judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service -- 64 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 61 Authorised by the Chief Parliamentary Counsel in the last recognised service office held by that person. (12C) For the purposes of this section— recognised service office means the following offices— (a) judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent court or the Federal Circuit Court of Australia); (b) Chief Magistrate where the appointment as Chief Magistrate was made on or after 6 March 2001; (c) master or associate judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent court or the Federal Circuit Court of Australia); (d) Solicitor-General; (e) Director of Public Prosecutions; (f) Chief Crown Prosecutor; (g) Senior Crown Prosecutor; (h) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; -- 65 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 62 Authorised by the Chief Parliamentary Counsel (i) the Inspector within the meaning of the Victorian Inspectorate Act 2011.". 66 Appropriation of certain amounts in relation to reserve associate judges At the end of section 17KH of the County Court Act 1958 insert— "(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". 67 Remuneration and terms and conditions of appointment (1) In section 17P(1) of the County Court Act 1958 for "receive the" substitute "the terms and conditions including". (2) Section 17P(2) of the County Court Act 1958 is repealed. (3) After section 17P(5) of the County Court Act 1958 insert— "(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any judicial registrar; and (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any judicial registrar; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any judicial registrar; and -- 66 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 63 Authorised by the Chief Parliamentary Counsel (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any judicial registrar. (7) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". Division 7—Amendment of Magistrates' Court Act 1989 68 Power to complete matters—magistrates and reserve magistrates After section 9EA(7) of the Magistrates' Court Act 1989 insert— '(8) In this section a reference to "proceeding" includes— (a) any proceeding or other matter in the Children's Court under the Children, Youth and Families Act 2005; and (b) any investigation or inquiry under the Coroners Act 2008.'. 69 Pension of Chief Magistrate At the foot of section 10A(1) of the Magistrates' Court Act 1989 insert— "Note See section 14(5) of the County Court Act 1958 in relation to recognition of prior service for pension purposes.". -- 67 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 64 Authorised by the Chief Parliamentary Counsel 70 Terms and conditions of appointment (1) In section 16D(1) of the Magistrates' Court Act 1989 for "receive the" substitute "the terms and conditions including". (2) After section 16D(4) of the Magistrates' Court Act 1989 insert— "(5) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any judicial registrar; and (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any judicial registrar; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any judicial registrar; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any judicial registrar. (6) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". -- 68 of 82 -- Part 7—Miscellaneous amendments relating to entitlements Judicial Entitlements Act 2015 No. 29 of 2015 65 Authorised by the Chief Parliamentary Counsel 71 Part 1 of Schedule 1 amended (1) In clause 10(a) of Schedule 1 to the Magistrates' Court Act 1989— (a) for "salaries" substitute "amounts"; (b) omit "and allowances"; (c) for "under this Part" substitute "to or for a magistrate". (2) In clause 10C of Schedule 1 to the Magistrates' Court Act 1989, after "clause 3(5)" insert "and (6)". 72 Part 2 of Schedule 1 amended At the end of clause 12 of Schedule 1 to the Magistrates' Court Act 1989 insert— "(2) In this clause, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.". Division 8—Statute law revision 73 Statute law revision—Powers of Attorney Act 2014 In section 16(6) of the Powers of Attorney Act 2014 for "Part 6 of the Magistrates' Court Act 1989" substitute "the Honorary Justices Act 2014". -- 69 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 66 Authorised by the Chief Parliamentary Counsel Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Division 1—Amendment of Constitution Act 1975 74 Heading to section 81F amended In the heading to section 81F of the Constitution Act 1975 for "Remuneration and entitlements" substitute "Salary, allowances and other conditions of service". 75 Remuneration and entitlements of reserve Judge (1) For section 81F(1) and (2) of the Constitution Act 1975 substitute— "(1) Each reserve Judge engaged to undertake the duties of a Judge of the Court under section 81B is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the Judicial Entitlements Act 2015. (2) Each reserve Judge engaged to undertake the duties of a Judge of the Court under section 81B is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (2) Section 81F(3), (4), (5), (6), (7), (8), (9) and (10) of the Constitution Act 1975 are repealed. (3) In section 81F(9A) of the Constitution Act 1975 for "subsections (1) and (3)" substitute "subsection (1)". -- 70 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 67 Authorised by the Chief Parliamentary Counsel 76 Salaries, allowances and pensions of Judges of the Supreme Court (1) Insert the following heading to section 82 of the Constitution Act 1975— "Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court". (2) At the foot of section 82(1B) of the Constitution Act 1975 insert— "Note See section 5 of the Judicial Entitlements Act 2015 for the rates of salaries, including pro-rata salaries of Judges to whom a part-time service arrangement applies.". (3) Section 82(1C) and (2A) of the Constitution Act 1975 are repealed. (4) For section 82(3) of the Constitution Act 1975 substitute— "(3) Each Judge of the Court is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (5) In section 82 of the Constitution Act 1975 for "Judicial Salaries Act 2004" (wherever occurring) substitute "Judicial Entitlements Act 2015". (6) In section 82 of the Constitution Act 1975— (a) in subsection (1B) for "Subject to subsection (1C), each" substitute "Each"; (b) in subsection (2) for "Subject to subsection (2A), each" substitute "Each"; (c) subsections (4), (5), (5A) and (6) are repealed; -- 71 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 68 Authorised by the Chief Parliamentary Counsel (d) subsections (6C), (7A), (7B) and (9) are repealed. (7) In section 82(10) of the Constitution Act 1975, for "subsection (4)" substitute "this section". 77 As to pensions of Judges of the Supreme Court and their partners and children At the foot of section 83(1)(a) of the Constitution Act 1975 insert— "Note Section 18 of the Judicial Remuneration Tribunal Act 1995 commenced on 18 May 1995. Section 18 was repealed on 29 March 2000 by the Courts and Tribunals Legislation (Amendment) Act 2000 and the Judicial Remuneration Tribunal Act 1995 was repealed by the Judicial Entitlements Act 2015.". 78 Salaries of Associate Judges (1) In the heading to section 83A of the Constitution Act 1975 after "Salaries" insert ", allowances and other conditions of service". (2) In section 83A(1) of the Constitution Act 1975— (a) for "Subject to subsection (1A), each" substitute "Each"; (b) for "Judicial Salaries Act 2004" substitute "Judicial Entitlements Act 2015". (3) At the foot of section 83A(1) of the Constitution Act 1975 insert— "Note See section 5 of the Judicial Entitlements Act 2015 for the rates of salaries, including pro-rata salaries of Associate Judges to whom a part-time service arrangement applies.". (4) Section 83A(1A) of the Constitution Act 1975 is repealed. -- 72 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 69 Authorised by the Chief Parliamentary Counsel (5) For section 83A(2) of the Constitution Act 1975 substitute— "(2) Each Associate Judge is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (6) In section 83A of the Constitution Act 1975— (a) subsections (2A), (2B), (2C) and (2D) are repealed; (b) subsections (3A), (5) and (6) are repealed. (7) In section 83A(7) of the Constitution Act 1975, for "subsection (2A)" substitute "this section". 79 Remuneration and allowances of reserve Associate Judges (1) In the heading to section 83B of the Constitution Act 1975 for "Remuneration and allowances" substitute "Salary, allowances and other conditions of service". (2) For section 83B(1) and (2) of the Constitution Act 1975 substitute— "(1) Each reserve Associate Judge engaged to undertake the duties of an Associate Judge under section 105D of the Supreme Court Act 1986 is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the Judicial Entitlements Act 2015. (2) Each reserve Associate Judge engaged to undertake the duties of an Associate Judge under section 105D of the Supreme Court Act 1986 is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". -- 73 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 70 Authorised by the Chief Parliamentary Counsel (3) Section 83B(3), (4), (5), (6), (7), (8), (9) and (11) of the Constitution Act 1975 are repealed. (4) In section 83B(10) of the Constitution Act 1975 for "subsections (1) and (3)" substitute "subsection (1)". Division 2—Amendment of County Court Act 1958 80 Salaries and allowances of the Chief Judge and other judges (1) Insert the following heading to section 10 of the County Court Act 1958— "Salaries, allowances and conditions of service of the Chief Judge and other judges". (2) In section 10 of the County Court Act 1958— (a) in subsection (1), for "Judicial Salaries Act 2004" substitute "Judicial Entitlements Act 2015"; (b) in subsection (2)— (i) for "Subject to subsection (2A), each" substitute "Each"; (ii) for "Judicial Salaries Act 2004" substitute "Judicial Entitlements Act 2015"; (c) subsection (2A) is repealed. (3) For section 10(3) of the County Court Act 1958 substitute— "(3) Each judge is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (4) Section 10(4), (5), (5A), (6), (6C), (7A), (7B) and (9) of the County Court Act 1958 are repealed. -- 74 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 71 Authorised by the Chief Parliamentary Counsel (5) In section 10(10) of the County Court Act 1958, for "subsection (4)" substitute "this section". 81 Remuneration and entitlements of reserve judge (1) In the heading to section 12F of the County Court Act 1958 for "Remuneration and entitlements" substitute "Salary, allowances and other conditions of service". (2) For section 12F(1) and (2) of the County Court Act 1958 substitute— "(1) Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the Judicial Entitlements Act 2015. (2) Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (3) Section 12F(3), (4), (5), (6), (7), (8), (9) and (10) of the County Court Act 1958 are repealed. (4) In section 12F(9A) of the County Court Act 1958 for "subsections (1) and (3)" substitute "subsection (1)". 82 Salaries and allowances of associate judges (1) In the heading to section 17AA of the County Court Act 1958 for "and allowances" substitute ", allowances and conditions of service". (2) In section 17AA(1) of the County Court Act 1958— (a) for "Subject to subsection (1A), each" substitute "Each"; -- 75 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 72 Authorised by the Chief Parliamentary Counsel (b) for "Judicial Salaries Act 2004" substitute "Judicial Entitlements Act 2015". (3) At the foot of section 17AA(1) of the County Court Act 1958 insert— "Note See section 5 of the Judicial Entitlements Act 2015 for the rates of salaries, including pro-rata salaries of associate judges to whom a part-time service arrangement applies.". (4) Section 17AA(1A) of the County Court Act 1958 is repealed. (5) For section 17AA(2) of the County Court Act 1958 substitute— "(2) Each associate judge is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (6) In section 17AA of the County Court Act 1958— (a) subsections (2A), (2B), (2C) and (2D) are repealed; (b) subsections (3A), (5) and (6) are repealed. 83 Remuneration and allowances of reserve associate judges (1) In the heading to section 17KG of the County Court Act 1958 for "Remuneration and allowances" substitute "Salary, allowances and conditions of service". (2) For section 17KG(1) and (2) of the County Court Act 1958 substitute— "(1) Each reserve associate judge engaged to undertake the duties of an Associate Judge under section 17KC is entitled to be paid a salary in accordance with the rate for the -- 76 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 73 Authorised by the Chief Parliamentary Counsel time being applicable for that office under the Judicial Entitlements Act 2015. (2) Each reserve associate judge engaged to undertake the duties of an Associate Judge under section 17KC is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (3) Section 17KG(3), (4), (5), (6), (7), (8), (9) and (11) of the County Court Act 1958 are repealed. (4) In section 17KG(10) of the County Court Act 1958 for "subsections (1) and (3)" substitute "subsection (1)". Division 3—Amendment of Magistrates' Court Act 1989 84 Salaries (1) Insert the following heading to section 10 of the Magistrates' Court Act 1989— "Salaries, allowances and other conditions of service". (2) In section 10(1) of the Magistrates' Court Act 1989 after "magistrates" insert "and the allowances and other conditions of service to which magistrates are entitled". (3) For section 10(2) of the Magistrates' Court Act 1989 substitute— "(2) Part 2 of Schedule 1 sets out the salaries payable to reserve magistrates and the allowances and other conditions of service to which reserve magistrates are entitled.". -- 77 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 74 Authorised by the Chief Parliamentary Counsel 85 Part 1 of Schedule 1 amended (1) In the heading to Schedule 1 to the Magistrates' Court Act 1989, for "AND ALLOWANCES" substitute ", ALLOWANCES AND OTHER CONDITIONS OF SERVICE". (2) In clause 1 of Schedule 1 to the Magistrates' Court Act 1989, for "Judicial Salaries Act 2004" substitute "Judicial Entitlements Act 2015". (3) For clause 2 of Schedule 1 to the Magistrates' Court Act 1989 substitute— "2. A Deputy Chief Magistrate is entitled to be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.". (4) For clause 3 of Schedule 1 to the Magistrates' Court Act 1989 substitute— "3. A magistrate, not being the Chief Magistrate or a Deputy Chief Magistrate is entitled to be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015. Note See section 5 of the Judicial Entitlements Act 2015 for the rates of salaries, including pro-rata salaries of magistrates to whom a part-time service arrangement applies.". (5) For clause 4 of Schedule 1 to the Magistrates' Court Act 1989 substitute— "4. The Chief Magistrate, each Deputy Chief Magistrate and each other magistrate is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". -- 78 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 75 Authorised by the Chief Parliamentary Counsel (6) Clauses 5, 6, 7, 8, 9A, 10A and 10B of Schedule 1 to the Magistrates' Court Act 1989 are repealed. (7) In clause 9 of Schedule 1 to the Magistrates' Court Act 1989 for "Subject to clause 3(b), nothing" substitute "Nothing". (8) In clause 10C of Schedule 1 to the Magistrates' Court Act 1989 for "clause 5" substitute "clause 10". 86 Part 2 of Schedule 1 amended (1) In the heading to clause 11 of Schedule 1 to the Magistrates' Court Act 1989 for "Remuneration and entitlements" substitute "Salary, allowances and other conditions of service". (2) For clause 11(1) and (2) of Schedule 1 to the Magistrates' Court Act 1989 substitute— "(1) Each reserve magistrate engaged to undertake the duties of a magistrate under section 9C is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the Judicial Entitlements Act 2015. (2) Each reserve magistrate engaged to undertake the duties of a magistrate under section 9C is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.". (3) In clause 11 of Schedule 1 to the Magistrates' Court Act 1989, subclauses (3), (4), (5), (6), (7), (8), (9) and (10) are repealed. (4) In clause 11(9A) of Schedule 1 to the Magistrates' Court Act 1989 for "subclauses (1) and (3)" substitute "subclause (1)". -- 79 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 76 Authorised by the Chief Parliamentary Counsel Division 4—Amendment of Coroners Act 2008 87 Deputy State Coroner For section 92(5) of the Coroners Act 2008 substitute— "(5) The Deputy State Coroner is entitled to be paid the salary at the rate for the time being applicable under the Judicial Entitlements Act 2015 for that office. (5A) The Deputy State Coroner is entitled to the allowances and the other conditions of service for the office of magistrate (other than the Chief Magistrate or a Deputy Chief Magistrate) that are for the time being applicable under the Judicial Entitlements Act 2015 unless an entitlement certificate issued under that Act in relation to the office of Deputy State Coroner otherwise provides.". 88 Remuneration and allowances of reserve coroners (1) In the heading to section 102Q of the Coroners Act 2008 for "Remuneration and allowances" substitute "Salary, allowances and other conditions of service". (2) For section 102Q(1) and (2) of the Coroners Act 2008 substitute— "(1) Each reserve coroner engaged to undertake the duties of a coroner under section 102N is entitled to be paid a salary in accordance with the rate for the time being applicable for the office of reserve magistrate under the Judicial Entitlements Act 2015. (2) Each reserve coroner engaged to undertake the duties of a coroner under section 102N is entitled to the allowances and other conditions of service for the office of reserve -- 80 of 82 -- Part 8—Consequential amendment of other Acts and repeal of amending Parts of this Act Judicial Entitlements Act 2015 No. 29 of 2015 77 Authorised by the Chief Parliamentary Counsel magistrate that are for the time being applicable under the Judicial Entitlements Act 2015.". (3) Section 102Q(3), (4), (5), (6), (7), (8), (9) and (11) of the Coroners Act 2008 are repealed. (4) In section 102Q(10) of the Coroners Act 2008 for "subsections (1) and (3)" substitute "subsection (1)". Division 5—Repeal of amending Parts 89 Repeal of amending Parts Part 7 and this Part are repealed on 1 January 2017. Note The repeal of these Parts does not affect the continuing operation of the amendments made by them (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 81 of 82 -- Endnotes Judicial Entitlements Act 2015 No. 29 of 2015 78 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 27 May 2015 Legislative Council: 11 June 2015 The long title for the Bill for this Act was "A Bill for an Act to modernise the processes and structures for determining salaries, allowances and conditions of service for judicial officers, to repeal the Judicial Salaries Act 2004 and the Judicial Remuneration Tribunal Act 1995, to make consequential and miscellaneous amendments to other Acts and for other purposes." -- 82 of 82 --