Judicial Remuneration Tribunal (Amendment) Act 2002

i Judicial Remuneration Tribunal (Amendment) Act 2002 Act No. 4/2002 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. New definitions 2 5. Membership of Judicial Remuneration Tribunal 4 6. Section 11 substituted and new section 11A inserted 5 11. Functions of the Tribunal 5 11A. Advisory opinions 6 7. Factors to be considered by Tribunal 7 8. Section 13 substituted 8 13. Reports 8 9. Section 14 substituted and new section 14A inserted 9 14. Tabling before Parliament 9 14A. Disallowance by Parliament of determination 9 10. Certificates 10 11. New section 16 inserted 10 16. When do determinations take effect? 11 12. Consequential amendments to other Acts 11 ═══════════════ ENDNOTES 13 -- 1 of 14 -- 1 Judicial Remuneration Tribunal (Amendment) Act 2002 † [Assented to 3 April 2002] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Judicial Remuneration Tribunal Act 1995 to provide for matters relating to— (a) the membership of the Judicial Remuneration Tribunal; and (b) the functions and procedures of the Judicial Remuneration Tribunal. Victoria No. 4 of 2002 -- 2 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 January 2002, it comes into operation on that day. 3. Principal Act In this Act, the Judicial Remuneration Tribunal Act 1995 is called the Principal Act. 4. New definitions In section 3 of the Principal Act, insert the following definitions— ' "advisory opinion" means an advisory opinion of the Tribunal given under section 11A; "determination" means— (a) a determination of the Tribunal in relation to salaries and allowances of holders of an office (including adjustments of salaries and allowances) made under section 11(1)(a); (b) a determination of the Tribunal in relation to remuneration of acting magistrates (including adjustments of remuneration) made under section 11(1)(b); s. 2 See: Act No. 22/1995 and amending Act Nos 46/1998 and 1/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 3 "holder of an office" means— (a) the Chief Justice of the Supreme Court; (b) the President of the Court of Appeal; (c) the Judges of the Court of Appeal, other than the Chief Justice and the President; (d) the Judges of the Supreme Court, other than the Judges referred to in paragraphs (a), (b) and (c); (e) the Chief Judge of the County Court; (f) the Judges of the County Court, other than the Chief Judge; (g) the Chief Magistrate; (h) the Deputy Chief Magistrates; (i) the Magistrates, other than the Chief Magistrate and Deputy Chief Magistrates; (j) the Masters of the Supreme Court; (k) the Masters of the County Court; (l) the State Coroner; (m) the Deputy State Coroner; (n) the Deputy Presidents, Senior Members and Ordinary Members (whether full- time, part-time or sessional) of the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998; s. 4 -- 4 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 4 (o) if another Act provides that the Tribunal is to make determinations on the salary or allowances for a particular office or recommendations in relation to the conditions of service for a particular office, the holder of that office; "recommendation" means a recommendation of the Tribunal in relation to conditions of service of holders of an office or acting magistrates made under section 11(1)(c);'. 5. Membership of Judicial Remuneration Tribunal In section 4 of the Principal Act, for sub-section (3) substitute— "(3) The following persons are not eligible for appointment as a member— (a) a person who is, or who has been— (i) the holder of a judicial office in Victoria; or (ii) the holder of a Commonwealth judicial office; or (iii) the holder of a judicial office in any other State or Territory of the Commonwealth; (b) a person who holds an office or place of profit under the Crown, including a person employed under Part 3 of the Public Sector Management and Employment Act 1998. (4) Despite sub-section (3)(b), the Commissioner for Public Employment within the meaning of the Public Sector Management and Employment Act 1998 is eligible for appointment as a member.". s. 5 -- 5 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 5 6. Section 11 substituted and new section 11A inserted For section 11 of the Principal Act substitute— "11. Functions of the Tribunal (1) The Tribunal has the following functions— (a) to make determinations in relation to salaries and allowances of holders of an office, including adjustments of salaries and allowances; (b) to make determinations in relation to the remuneration of acting magistrates, including adjustments of remuneration; (c) to make recommendations to the Attorney-General or, if an Order under sub-section (2) is in force, the relevant Minister, in relation to the following conditions of service of holders of an office and acting magistrates— (i) leave, including annual leave, sick leave, parental leave and special leave; (ii) long service leave, including long leave and sabbatical leave; (iii) travelling entitlements and travelling and subsistence allowances; (iv) reimbursement of work related expenses; (v) provision of motor vehicles for private use; (vi) pensions, including any aspect of remuneration beyond salary that should be treated as pensionable; s. 6 -- 6 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 6 (vii) superannuation and associated issues, including disability benefits and recognition of prior service; (d) any other function conferred on it under this Act or any other Act. (2) If the Governor in Council, by Order published in the Government Gazette, declares that the Tribunal is to make determinations in relation to salaries and allowances (including adjustments of salaries and allowances) and make recommendations in relation to the conditions of service for the members of a tribunal established under another Act, the Tribunal may make determinations in relation to salaries and allowances (including adjustments of salaries and allowances) and make recommendations in relation to the conditions of service of those members of that tribunal to the Minister administering that Act. 11A. Advisory opinions (1) The Attorney-General may refer any matter relating to salaries, allowances or conditions of service of holders of an office to the Tribunal for an advisory opinion. (2) The Attorney-General may refer any matter relating to the remuneration or conditions of service of acting magistrates to the Tribunal for an advisory opinion. (3) If an Order under section 11(2) is in force, the Minister administering the Act under which the tribunal is established may refer any matter relating to salaries, allowances or conditions of service of the members of that s. 6 -- 7 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 7 tribunal to the Tribunal for an advisory opinion. (4) A reference of a matter for an advisory opinion must be in writing. (5) The Attorney-General or, if an Order under section 11(2) is in force, the relevant Minister, must cause notification of a reference under this section to be published in the Government Gazette specifying the matters referred to the Tribunal for an advisory opinion within 7 days of referring the matter to the Tribunal. (6) Sub-sections (4) and (5) do not apply if the Attorney-General declares that an advisory opinion concerns matters of a confidential or personal nature. (7) The Tribunal may inquire into and report to the Attorney-General or the relevant Minister (as the case requires) on any matter referred to it under this section.". 7. Factors to be considered by Tribunal In section 12 of the Principal Act, after sub- section (1) insert— "(1A) In making a determination or recommendation or giving an advisory opinion, the Tribunal must consider the following— (a) the importance of the judicial function to the community; (b) the need to maintain the judiciary's standing in the community; (c) the need to attract and retain suitably qualified candidates to judicial office; s. 7 -- 8 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 8 (d) movements in judicial remuneration levels in other Australian jurisdictions; (e) movements in the following indicators— (i) the Consumer Price Index; (ii) average weekly ordinary time earnings; (iii) executive salaries, including those of executives within the meaning of the Public Sector Management and Employment Act 1998 in the Victorian public service; (f) improvements in operational efficiency; (g) work value changes; (h) factors relevant to Victoria, including— (i) current public sector wages policy; (ii) Victoria's economic circumstances; (iii) the capacity of the State to meet a proposed increase in judicial salaries, allowances or conditions of service; (iv) any other relevant local factors; (i) relativities between Victorian courts and tribunals.". 8. Section 13 substituted For section 13 of the Principal Act substitute— "13. Reports s. 8 -- 9 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 9 (1) In the case of a determination or recommendation, the Tribunal must report to the Attorney-General, or if an Order under section 11(2) is in force, the relevant Minister, at intervals of not less than one year and not more than 2 years. (2) The Attorney-General or, if an Order under section 11(2) is in force, the relevant Minister, must ensure that a report of a determination or recommendation or, unless section 11A(6) applies, a report of an advisory opinion is published in the Government Gazette within 21 days of receipt of that report by the Attorney- General or Minister.". 9. Section 14 substituted and new section 14A inserted For section 14 of the Principal Act substitute— "14. Tabling before Parliament (1) The Attorney-General or other relevant Minister (as the case requires) must cause a copy of a report of a determination or recommendation to be laid before each House of the Parliament within 10 sitting days after the Attorney-General or other Minister receives the report. (2) If the Attorney-General or other Minister intends to vary or not accept a recommendation, the Attorney-General or other Minister must cause a statement to be made to the Parliament within 10 sitting days after the tabling of the report containing the recommendation giving reasons for varying or not accepting the recommendation. 14A. Disallowance by Parliament of determination s. 9 -- 10 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 10 (1) A determination may be disallowed by resolution of a House of the Parliament within 15 sitting days after the report containing the determination is tabled under section 14. (2) If a determination is not disallowed under sub-section (1), the Attorney-General or, if an Order is in force under section 11(2), the relevant Minister, must give effect to the determination.". 10. Certificates (1) In section 15 of the Principal Act, for sub-section (1) substitute— "(1) The Attorney-General or other Minister, as the case requires, must issue a certificate— (a) in the case of a report containing a recommendation, authorising the adjustment of conditions of service of holders of an office or acting magistrates in accordance with that report, except so far as the Attorney- General or other Minister varies or does not accept the recommendation; and (b) in the case of a report which is an advisory opinion which the Attorney- General or other Minister has accepted, authorising the adjustment of salary and allowances or salary or allowances of holders of an office or remuneration, in the case of acting magistrates, in accordance with that report.". (2) In section 15(2) of the Principal Act, after "remuneration" insert "or conditions of service". 11. New section 16 inserted After section 15 of the Principal Act insert— s. 10 -- 11 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 11 "16. When do determinations take effect? A determination which has not been disallowed under section 14A takes effect in accordance with the terms of the determination at the end of the period specified in that section for disallowance.". 12. Consequential amendments to other Acts (1) In the Constitution Act 1975— (a) in section 82— (i) in sub-sections (1) and (2), for "certified to by the Attorney-General" substitute "or a determination"; (ii) in sub-sections (1A), (1B) and (3), for "certified by the Attorney-General" (wherever occurring) substitute "or a determination"; (b) in section 83A, for "certified by the Attorney-General" (wherever occurring) substitute "or a determination". (2) In section 9(1) of the Coroners Act 1985, for "certified by the Attorney-General" substitute "or a determination". (3) In the County Court Act 1958— (a) in section 10(1) and (2) for "certified to by the Attorney-General" substitute "or a determination"; (b) in section 10(3)(b) for "certified by the Attorney-General" substitute "or a determination"; (c) in section 17AA(1) and (2), for "certified by the Attorney-General" substitute "or a determination". s. 12 -- 12 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 12 (4) In Schedule 1 to the Magistrates' Court Act 1989— (a) in clauses 1, 2 and 3, for "certified to by the Attorney-General" substitute "or a determination"; (b) in clause 4(b) for "certified by the Attorney-General" substitute "or a determination"; (c) in clause 11(b) for "certified by the Attorney-General" substitute "or a determination". ═══════════════ s. 12 -- 13 of 14 -- Act No. 4/2002 Judicial Remuneration Tribunal (Amendment) Act 2002 13 ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 October 2001 Legislative Council: 20 November 2001 The long title for the Bill for this Act was "to amend the Judicial Remuneration Tribunal Act 1995 to provide for various matters relating to the membership of the Judicial Remuneration Tribunal and the functions and procedures of the Judicial Remuneration Tribunal and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 8 November 2001, 20 March 2002 Legislative Council: 22 November 2001 Endnotes -- 14 of 14 --