Judicial Salaries Act 2004

Victorian Legislation and Parliamentary Documents i Judicial Salaries Act 2004 Act No. 38/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 PART 2—SALARIES AND ALLOWANCES OF JUDICIAL OFFICERS AND REMUNERATION OF ACTING MAGISTRATES 3 4. Salaries of judicial officers and remuneration of acting magistrates (2004–2005) 3 5. Salaries of Supreme Court Judges (2005 onwards) 5 6. Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards) 7 7. Allowances of judicial officers 8 PART 3—AMENDMENT OF JUDICIAL REMUNERATION TRIBUNAL ACT 1995 9 8. New section 1 substituted 9 1. Purpose 9 9. Definitions 9 10. Functions of the Tribunal 9 11. Repeal of references to determinations and certain recommendations 10 PART 4—CONSEQUENTIAL AMENDMENTS 12 12. Salaries and allowances of Judges and masters of the Supreme Court 12 13. Salaries and allowances of judges and masters of the County Court 13 14. Salaries and allowances of magistrates and remuneration of acting magistrates 14 ═══════════════ -- 1 of 19 -- Victorian Legislation and Parliamentary Documents Section Page ii ENDNOTES 16 INDEX 17 -- 2 of 19 -- Victorian Legislation and Parliamentary Documents 1 Judicial Salaries Act 2004† [Assented to 8 June 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to remove the function of the Judicial Remuneration Tribunal to make determinations in relation to the salaries and allowances of judicial officers and the remuneration of acting magistrates and make fresh provision with respect to such salaries, allowances and remuneration. Victoria No. 38 of 2004 -- 3 of 19 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Judicial Salaries Act 2004 Act No. 38/2004 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions In this Act— "Federal Court Judge" means a Judge of the Federal Court of Australia other than the Chief Justice of that Court; "Federal Remuneration Tribunal" means the Remuneration Tribunal established by section 4(1) of the Remuneration Tribunal Act 1973 of the Commonwealth; "General Supreme Court Master" means a Master of the Supreme Court other than the Senior Master, the Registrar of the Court of Appeal or a Specialist Supreme Court Master; "Supreme Court Judge" means a Judge of the Supreme Court other than the Chief Justice, the President of the Court of Appeal or the other Judges of Appeal; "salary", in relation to a Federal Court Judge, means the salary payable from time to time to that Judge under section 9 of the Federal Court of Australia Act 1976 of the Commonwealth. __________________ s. 2 -- 4 of 19 -- Victorian Legislation and Parliamentary Documents Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting Magistrates Judicial Salaries Act 2004 Act No. 38/2004 3 PART 2—SALARIES AND ALLOWANCES OF JUDICIAL OFFICERS AND REMUNERATION OF ACTING MAGISTRATES 4. Salaries of judicial officers and remuneration of acting magistrates (2004–2005) (1) The holder of a judicial office specified in column 1 of the Table is entitled to be paid a salary— (a) at the annual rate specified in column 2 of the Table with effect on and from 11 May 2004; and (b) at the annual rate specified in column 3 of the Table with effect on and from 1 July 2004. Table Column 1 Column 2 Column 3 Judicial Office 11 May 2004 1 July 2004 Chief Justice of the Supreme Court $264 000 $272 000 President of the Court of Appeal $249 000 $257 000 Judge of Appeal (other than the Chief Justice and the President of the Court of Appeal) $241 600 $249 000 Supreme Court Judge $233 900 $241 000 Chief Judge of the County Court $233 900 $241 000 Judge of the County Court (other than the Chief Judge) $202 700 $208 800 s. 4 -- 5 of 19 -- Victorian Legislation and Parliamentary Documents Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting Magistrates Judicial Salaries Act 2004 Act No. 38/2004 4 Column 1 Column 2 Column 3 Judicial Office 11 May 2004 1 July 2004 Chief Magistrate $202 700 $208 800 Deputy Chief Magistrate $172 300 $177 500 Magistrate (other than the Chief Magistrate and Deputy Chief Magistrates) $162 200 $167 000 Senior Master of the Supreme Court $208 300 $214 500 Registrar of the Court of Appeal $208 300 $214 500 General Supreme Court Master $198 200 $204 000 Specialist Supreme Court Master $188 500 $194 000 Master of the County Court $198 200 $204 000 State Coroner $182 500 $188 000 Deputy State Coroner $172 300 $177 500 (2) An acting magistrate is entitled to be paid remuneration— (a) at the rate of $759 per sitting day with effect on and from 11 May 2004; and (b) at the rate of $782 per sitting day with effect on and from 1 July 2004. s. 4 -- 6 of 19 -- Victorian Legislation and Parliamentary Documents Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting Magistrates Judicial Salaries Act 2004 Act No. 38/2004 5 5. Salaries of Supreme Court Judges (2005 onwards) (1) Subject to this section, for financial year 2005/2006 a Supreme Court Judge is entitled to be paid a salary at the annual rate calculated in accordance with the following formula— } S FJ { 2 1 S 04/05 05/06 04/05 − + where— "S04/05" is the annual salary of a Supreme Court Judge as at 30 June 2005; "FJ05/06" is the annual salary of a Federal Court Judge as at 1 July 2005 or any higher annual salary of a Federal Court Judge effective at any time during the financial year 2005/2006. (2) Subject to this section, for financial year 2006/2007 a Supreme Court Judge is entitled to be paid a salary at the annual rate calculated in accordance with the following formula— } S FJ { 4 3 S 05/06 06/07 05/06 − + where— "S05/06" is the annual salary of a Supreme Court Judge as at 30 June 2006; "FJ06/07" is the annual salary of a Federal Court Judge as at 1 July 2006 or any higher annual salary of a Federal Court Judge effective at any time during the financial year 2006/2007. s. 5 -- 7 of 19 -- Victorian Legislation and Parliamentary Documents Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting Magistrates Judicial Salaries Act 2004 Act No. 38/2004 6 (3) Despite anything to the contrary in sub- sections (1) and (2), any adjustment of the salary of a Supreme Court Judge under those sub- sections in respect of a financial year only takes effect— (a) if an adjustment of the salary of a Federal Court Judge takes effect during that year and the relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 of the Commonwealth, from the beginning of the day after the last day on which either House of that Parliament could have passed such a resolution in respect of that determination or the date on which that determination takes effect (whichever is the later); and (b) from 1 October in that year if no adjustment of the salary of a Federal Court Judge takes effect during that year before that date. (4) Subject to this section, with effect on and from 1 July 2007 a Supreme Court Judge is entitled to be paid a salary at the same annual rate as that payable from time to time to a Federal Court Judge. (5) Despite anything to the contrary in sub- section (4), any adjustment of the salary of a Supreme Court Judge under that sub-section in respect of a financial year only takes effect— (a) if an adjustment of the salary of a Federal Court Judge takes effect during that year and the relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 of the s. 5 -- 8 of 19 -- Victorian Legislation and Parliamentary Documents Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting Magistrates Judicial Salaries Act 2004 Act No. 38/2004 7 Commonwealth, from the beginning of the day after the last day on which either House of that Parliament could have passed such a resolution in respect of that determination or the date on which that determination takes effect (whichever is the later); and (b) in the case of financial year 2007/2008, from 1 October 2007 if no adjustment of the salary of a Federal Court Judge takes effect during that year before that date. 6. Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards) (1) In this section "relevant judicial office" means a judicial office specified in column 1 of the Table in section 4(1) other than that of a Supreme Court Judge. (2) With effect on and from 1 July 2005 the holder of a relevant judicial office is entitled to be paid from time to time a salary at the annual rate that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as the annual salary of a holder of that relevant judicial office bore to the annual salary of a Supreme Court Judge in the financial year 2004/2005. (3) With effect on and from 1 July 2005 an acting magistrate is entitled to be paid from time to time remuneration at the rate per sitting day that bears, in relation to the annual salary of a magistrate (other than the Chief Magistrate and the Deputy Chief Magistrates), the same proportion as the sitting day rate of an acting magistrate bore to the annual salary of such a magistrate in the financial year 2004/2005. s. 6 -- 9 of 19 -- Victorian Legislation and Parliamentary Documents Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting Magistrates Judicial Salaries Act 2004 Act No. 38/2004 8 (4) The Attorney-General must issue a certificate specifying the annual salaries of relevant judicial offices, and the remuneration of acting magistrates, as soon as practicable after any adjustment to those salaries or that remuneration takes effect. 7. Allowances of judicial officers The holder of a judicial office specified in column 1 of the Table in section 4(1) is entitled to be paid allowances— (a) at such rate or of such amount or of such kind as those to which the holder of such an office was entitled immediately before the commencement of this Act; or (b) at such rate or of such amount or of such kind as are for the time being applicable pursuant to a certificate of the Attorney- General issued under section 15 of the Judicial Remuneration Tribunal Act 1995 on or after the commencement of this Act. __________________ s. 7 -- 10 of 19 -- Victorian Legislation and Parliamentary Documents Part 3—Amendment of Judicial Remuneration Tribunal Act 1995 Judicial Salaries Act 2004 Act No. 38/2004 9 PART 3—AMENDMENT OF JUDICIAL REMUNERATION TRIBUNAL ACT 1995 8. New section 1 substituted For section 1 of the Judicial Remuneration Tribunal Act 1995 substitute— "1. Purpose The purpose of this Act is to establish a Judicial Remuneration Tribunal.". 9. Definitions In section 3 of the Judicial Remuneration Tribunal Act 1995— (a) the definition of "determination" is repealed; (b) paragraph (o) of the definition of "holder of an office" is repealed. 10. Functions of the Tribunal (1) Sections 11(1)(a) and 11(1)(b) of the Judicial Remuneration Tribunal Act 1995 are repealed. (2) In section 11(1)(c) of the Judicial Remuneration Tribunal Act 1995, omit "or, if an Order under sub-section (2) is in force, the relevant Minister,". (3) After section 11(1)(c)(iv) of the Judicial Remuneration Tribunal Act 1995 insert— "(iva) library expenses; (ivb) other allowances;". (4) Section 11(2) of the Judicial Remuneration Tribunal Act 1995 is repealed. See: Act No. 22/1995 and amending Act Nos 46/1998, 1/2000 and 4/2002. LawToday: www.dms. dpc.vic. gov.au s. 8 -- 11 of 19 -- Victorian Legislation and Parliamentary Documents Part 3—Amendment of Judicial Remuneration Tribunal Act 1995 Judicial Salaries Act 2004 Act No. 38/2004 10 (5) Section 11A(3) of the Judicial Remuneration Tribunal Act 1995 is repealed. (6) In section 11A(5) of the Judicial Remuneration Tribunal Act 1995, omit "or, if an Order under section 11(2) is in force, the relevant Minister,". (7) In section 11A(7) of the Judicial Remuneration Tribunal Act 1995, omit "or the relevant Minister (as the case requires)". 11. Repeal of references to determinations and certain recommendations (1) In sections 12(1A), 13(1) and (2) and 14(1) of the Judicial Remuneration Tribunal Act 1995, omit "determination or". (2) In section 13(1) of the Judicial Remuneration Tribunal Act 1995, omit ", or if an Order under section 11(2) is in force, the relevant Minister,". (3) In section 13(2) of the Judicial Remuneration Tribunal Act 1995, omit "or, if an Order under section 11(2) is in force, the relevant Minister,". (4) In section 14(1) of the Judicial Remuneration Tribunal Act 1995— (a) omit "or other relevant Minister (as the case requires)"; (b) omit "or other Minister". (5) In section 14(2) of the Judicial Remuneration Tribunal Act 1995, omit "or other Minister" (where twice occurring). (6) Sections 14A and 16 of the Judicial Remuneration Tribunal Act 1995 are repealed. s. 11 -- 12 of 19 -- Victorian Legislation and Parliamentary Documents Part 3—Amendment of Judicial Remuneration Tribunal Act 1995 Judicial Salaries Act 2004 Act No. 38/2004 11 (7) In section 15(1) of the Judicial Remuneration Tribunal Act 1995— (a) omit "or other Minister, as the case requires,"; (b) in paragraphs (a) and (b) omit "or other Minister". __________________ s. 11 -- 13 of 19 -- Victorian Legislation and Parliamentary Documents Part 4—Consequential Amendments Judicial Salaries Act 2004 Act No. 38/2004 12 PART 4—CONSEQUENTIAL AMENDMENTS 12. Salaries and allowances of Judges and masters of the Supreme Court (1) In section 82(1) of the Constitution Act 1975, for "of $185 035 per annum or such higher rate as is for the time being applicable pursuant to an adjustment or a determination under the Judicial Remuneration Tribunal Act 1995" substitute "for the time being applicable under the Judicial Salaries Act 2004". (2) In section 82(1A) of the Constitution Act 1975, for "of $174 371 per annum or such higher rate as is for the time being applicable pursuant to an adjustment or a determination under the Judicial Remuneration Tribunal Act 1995" substitute "for the time being applicable under the Judicial Salaries Act 2004". (3) In section 82(1B) of the Constitution Act 1975, for "of $169 038 per annum or such higher rate as is for the time being applicable pursuant to an adjustment or a determination under the Judicial Remuneration Tribunal Act 1995" substitute "for the time being applicable under the Judicial Salaries Act 2004". (4) In section 82(2) of the Constitution Act 1975, for "of $163 706 per annum or such higher rate as is applicable pursuant to an adjustment or a determination under the Judicial Remuneration Tribunal Act 1995" substitute "for the time being applicable under the Judicial Salaries Act 2004". s. 12 See: Act No. 8750. Reprint No. 16 as at 8 April 2003 and amending Act Nos 2/2003, 37/2003, 39/2003, 66/2003 and 110/2003. LawToday: www.dms. dpc.vic. gov.au -- 14 of 19 -- Victorian Legislation and Parliamentary Documents Part 4—Consequential Amendments Judicial Salaries Act 2004 Act No. 38/2004 13 (5) For section 82(3) of the Constitution Act 1975 substitute— "(3) Each Judge of the Court shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004.". (6) For section 83A(1) of the Constitution Act 1975 substitute— "(1) Each master shall be paid a salary at the rate for the time being applicable under the Judicial Salaries Act 2004.". (7) For section 83A(2) of the Constitution Act 1975 substitute— "(2) Each master shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004.". (8) Section 83A(5) of the Constitution Act 1975 is repealed. 13. Salaries and allowances of judges and masters of the County Court (1) In section 10(1) of the County Court Act 1958, for "of $163 873 per annum or such higher rate as is for the time being applicable pursuant to an adjustment or a determination under the Judicial Remuneration Tribunal Act 1995" substitute "for the time being applicable under the Judicial Salaries Act 2004". (2) In section 10(2) of the County Court Act 1958, for "of $139 091 per annum or such higher rate as is applicable pursuant to an adjustment or a determination under the Judicial Remuneration Tribunal Act 1995" substitute "for the time being applicable under the Judicial Salaries Act 2004". s. 13 See: Act No. 6230. Reprint No. 10 as at 27 September 2001 and amending Act Nos 107/1986, 4/2002, 11/2002 and 39/2003. LawToday: www.dms. dpc.vic. gov.au -- 15 of 19 -- Victorian Legislation and Parliamentary Documents Part 4—Consequential Amendments Judicial Salaries Act 2004 Act No. 38/2004 14 (3) For section 10(3) of the County Court Act 1958 substitute— "(3) Each judge shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004.". (4) For section 17AA(1) of the County Court Act 1958 substitute— "(1) Each master of the court shall be paid a salary at the rate for the time being applicable under the Judicial Salaries Act 2004.". (5) For section 17AA(2) of the County Court Act 1958 substitute— "(2) Each master of the court shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004.". 14. Salaries and allowances of magistrates and remuneration of acting magistrates (1) In Part 1 of Schedule 1 to the Magistrates' Court Act 1989— (a) for clause 1 substitute— "1. The Chief Magistrate is entitled to be paid a salary at the rate for the time being applicable under the Judicial Salaries Act 2004."; (b) for clause 2(a) substitute— "(a) a salary at the rate for the time being applicable under the Judicial Salaries Act 2004; or"; (c) for clause 3(a) substitute— "(a) a salary at the rate for the time being applicable under the Judicial Salaries Act 2004; or"; s. 14 See: Act No. 51/1989. Reprint No. 9 as at 7 May 2003 and amending Act Nos 27/2002, 28/2003, 39/2003, 52/2003, 74/2003, 80/2003, 94/2003 and 108/2003. LawToday: www.dms. dpc.vic. gov.au -- 16 of 19 -- Victorian Legislation and Parliamentary Documents Part 4—Consequential Amendments Judicial Salaries Act 2004 Act No. 38/2004 15 (d) for clause 4 substitute— "4. The Chief Magistrate, each Deputy Chief Magistrate and each other magistrate shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004.". (2) In Part 2 of Schedule 1 to the Magistrates' Court Act 1989, for clause 11 substitute— "11. An acting magistrate, while undertaking the duties of a magistrate, is entitled to be paid remuneration at the rate for the time being applicable under the Judicial Salaries Act 2004.". ═══════════════ s. 14 -- 17 of 19 -- Victorian Legislation and Parliamentary Documents Judicial Salaries Act 2004 Act No. 38/2004 16 ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 May 2004 Legislative Council: 27 May 2004 The long title for the Bill for this Act was "to remove the function of the Judicial Remuneration Tribunal to make determinations in relation to the salaries and allowances of judicial officers and the remuneration of acting magistrates and make fresh provision with respect to such salaries, allowances and remuneration, to amend the Judicial Remuneration Tribunal Act 1995 and make consequential amendments to the Constitution Act 1975, the County Court Act 1958 and the Magistrates' Court Act 1989 and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 26 May 2004 Legislative Council: 1 June 2004 Endnotes -- 18 of 19 -- Victorian Legislation and Parliamentary Documents Judicial Salaries Act 2004 Act No. 38/2004 17 INDEX Subject Section Actamendments to other Acts 8–14 commencement 2 purpose 1 Acting magistrates remuneration 4, 6 Allowances 7 Attorney-General 6, 7 Constitution Act 1975 amendments to 12 County Court Act 1958 amendments to 13 Definitions 3, 6 Federal Court Judges definition 3 salaries (def.) 3 salaries as basis of Supreme Court Judges' salaries 5 Federal Remuneration Tribunal (def.) 3 General Supreme Court Master (def.) 3 Judicial officers allowances 7 relevant judicial office (def.) 6 salaries 4, 6 Judicial Remuneration Tribunal Act 1995 amendments to 8–11 Magistrates' Court Act 1989 amendments to 14 Salaries definition 3 judicial officers other than Supreme Court Judges (2005 onwards) 6 rates for 2004-2005 4 Supreme Court Judges (2005 onwards) 5 Supreme Court Judges allowances 7 definition 3 salaries 4–5 -- 19 of 19 --