REMUNERATION TRIBUNAL AMENDMENT BILL 2004 Second Reading Speech

Northern Territory Second Reading Speeches

REMUNERATION TRIBUNAL AMENDMENT BILL 2004

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bills presented and read a first time.

Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bills be now read a second time.

The purpose of the bills is to insert a new section in the Remuneration Tribunal Act, and to amend section 6 of the Magistrates Act to provide that the Remuneration Tribunal determines the salary, allowances and other benefits that magistrates are entitled to receive, and that such salary, allowances and other benefits cannot be altered to the magistrate’s detriment during the term of the office of a magistrate.

Currently, magistrates’ remuneration and allowances, and terms and conditions of appointment, are determined by the Administrator pursuant to section 6 of the Magistrates Act, usually on the recommendation of the Remuneration Tribunal.

The amendments will establish a process whereby the Remuneration Tribunal, an independent body, determines magistrates’ remuneration and allowances. The Remuneration Tribunal determination would then be tabled in the Legislative Assembly and, unless disallowed by the Assembly, would come into operation. This means the Remuneration Tribunal actually determines the remuneration, rather than merely recommending to the Administrator. Removing the Administrator from the process supports the important principle of judicial independence.

There are a couple of reasons why the government has decided to make these amendments. The issue of magistrate’s remuneration has been subject to much legal debate in recent times, arising from the recent Territory case of North Australian Aboriginal Legal Aid Service Inc v Bradley. In addition, a recent review of the Magistrates Act highlighted concerns for the process for determining magistrates’ remuneration to be consistent with and, if possible, to strengthen the principle of judicial independence.

The High Court in its recent decision of 17 June 2004 in North Australian Aboriginal Legal Aid Service Inc v Bradley upheld the construction of the current section 6 of the Magistrates Act stating that it: ‘… does not compromise or jeopardise the integrity of the Territory magistracy or the judicial system’. The High Court also found that section 6 defends ‘… the interests of judicial independence and impartiality which inform the legislation’.

Chief Justice Gleeson in Bradley observes that although there are variations between jurisdictions in the mechanism used to determine judicial remuneration, the regular review of judicial remuneration by a Remuneration Tribunal is ‘… a common procedure, consistent with requirements of fairness, transparency and accountability and consistent also with judicial independence’. The Remuneration Tribunal process described by the Chief Justice in Bradley is reflected in submissions received as part of the general review of the Magistrates Act.

The government has decided to strengthen the principle of independence and impartiality for magistrates by adopting a Remuneration Tribunal process and providing for security of remuneration.

The Remuneration Tribunal Amendment Bill inserts a new section, 9B to provide that the Remuneration Tribunal at least once a year must determine the salary, allowances and other benefits that magistrates are entitled to receive. Such a determination is then tabled in the Legislative Assembly and, unless disapproved by resolution, comes into operation on the date specified in the determination.

The transitional provisions saves existing determinations in force under the Magistrates Act as if they were determinations under the new section 9B of the Remuneration Tribunal Act. The Magistrates Amendment Bill repeals the current section 6 of the Magistrates Act and substitutes a new section to provide that a magistrate is entitled to receive salary, allowances and other benefits as determined by the Remuneration Tribunal, which salary, allowances and other benefits must not be altered to a magistrate’s detriment during a term of office and which are paid from public monies.

These amendments are consistent with, and further guarantee, the principle of judicial independence for magistrates.

Madam Speaker, I commend the bills to honourable members.

Debate adjourned.

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