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Queensland
JUDICIAL LEGISLATION
AMENDMENT BILL 1994
Queensland
JUDICIAL LEGISLATION AMENDMENT
BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF INDUSTRIAL RELATIONS ACT
1990
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 27 (Remuneration of Commissioners) . . . . . . . . . . . . . . . 4
27 Remuneration of Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 3--AMENDMENT OF JUDGES (PENSIONS AND LONG
LEAVE) ACT 1957
5 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Insertion of new s 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2B Salary of Judges who died or retired before 1984
Amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Replacement of s 16 (Act not to apply if Judge removed from office) . . . . 7
16 What happens if Judge removed from office . . . . . . . . . . . . . . . . . . . 7
PART 4--AMENDMENT OF JUDGES (SALARIES AND
ALLOWANCES) ACT 1967
9 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Replacement of s 3 (Salary and allowances of District Court Judges) . . . . 7
3 Salary and allowances of District Court Judges . . . . . . . . . . . . . . . . 7
2
Judicial Legislation Amendment
11 Insertion of new Pts 3A and 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3A--SALARIES AND ALLOWANCES OF INDUSTRIAL
COMMISSIONERS
3A Salary and allowances of Industrial Commissioners . . . . . . . . . . . . . 8
PART 3B--SALARIES AND ALLOWANCES OF LAND
COURT MEMBERS
3B Salary and allowances of Land Court members . . . . . . . . . . . . . . . . 9
12 Replacement of s 4 (Salaries of Magistrates etc.) . . . . . . . . . . . . . . . . . . . . 9
4 Salary of Magistrates etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 5 (Establishment of Tribunal) . . . . . . . . . . . . . . . . . . . . . . 10
14 Amendment of s 12 (Inquiry and report on judicial salaries and
allowances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Amendment of s 13 (Method of inquiry by Tribunal) . . . . . . . . . . . . . . . . . . 11
16 Replacement of s 16 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 5--AMENDMENT OF LAND ACT 1962
17 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Replacement of s 31 (Salaries of members) . . . . . . . . . . . . . . . . . . . . . . . . . 12
31 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Replacement of s 31A (Leave of absence to members) . . . . . . . . . . . . . . . 13
31A Leave of absence to members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Omission of s 31B (Election as to leave of absence) . . . . . . . . . . . . . . . . . . 13
21 Amendment of s 31C (Pension benefits to members) . . . . . . . . . . . . . . . . . 13
PART 6--AMENDMENT OF SUPREME COURT OF
QUEENSLAND ACT 1991
22 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Amendment of s 102 (Judicial entitlements of first Judges of Appeal) . . . 14
24 Replacement of s 109 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
109 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1994
A BILL
FOR
An Act to amend the Industrial Relations Act 1990, the Judges
(Pensions and Long Leave) Act 1957, the Judges (Salaries and
Allowances) Act 1967, the Land Act 1962 and the Supreme Court
of Queensland Act 1991
s1 4 s4
Judicial Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Judicial Legislation Amendment Act 4
1994. 5
6
Commencement
Clause 2. Sections 6 and 7 are taken to have commenced immediately after the 7
commencement of the Supreme Court of Queensland Act 1991. 8
PART 2--AMENDMENT OF INDUSTRIAL 9
RELATIONS ACT 1990 10
Act 11
Amended
Clause 3. This Part amends the Industrial Relations Act 1990. 12
of s 27 (Remuneration of Commissioners) 13
Replacement
Clause 4. Section 27-- 14
omit, insert-- 15
of Commissioners 16
`Remuneration
`27.(1) The rate of salary, and the allowances and rates of allowances, 17
payable to the Chief Industrial Commissioner and other Industrial 18
Commissioners are to be fixed by determinations of the Salaries and 19
Allowances Tribunal under the Judges (Salaries and Allowances) Act 1967. 20
s5 5 s7
Judicial Legislation Amendment
`(2) The salaries and allowances are payable out of the Consolidated 1
Fund, which is appropriated accordingly.'. 2
PART 3--AMENDMENT OF JUDGES (PENSIONS 3
AND LONG LEAVE) ACT 1957 4
Act 5
Amended
Clause 5. This Part amends the Judges (Pensions and Long Leave) Act 1957. 6
of s 2 (Definitions) 7
Amendment
Clause 6. Section 2, definition "salary"-- 8
omit, insert-- 9
` "salary"-- 10
(a) for a Judge who dies or retires after the commencement of the 11
Judges' Pensions Act Amendment Act 1984--means the annual 12
rate of salary and allowances, including any general allowance 13
and jurisprudential allowance, that would be payable to the Judge 14
or to which the Judge could have become entitled, if the Judge 15
had not died or retired; and 16
(b) for a Judge who died or retired before the commencement of the 17
Judges' Pensions Act Amendment Act 1984--has the meaning 18
given in section 2B.'. 19
of new s 2B 20
Insertion
Clause 7. After section 2A-- 21
insert-- 22
of Judges who died or retired before 1984 Amendment Act 23
`Salary
`2B.(1) This section applies in relation to a Judge (a "pre-1984 Judge") 24
who died or retired before the commencement of the Judges' Pensions Act 25
Amendment Act 1984. 26
s7 6 s7
Judicial Legislation Amendment
`(2) For the purposes of this Act, the salary of a pre-1984 Judge is the 1
annual rate of salary that would be payable to the Judge if the Judge had not 2
died or retired and the Judge's annual rate of salary were-- 3
(a) before 1 July 1992--the Judge's 1991 notional salary amount; 4
and 5
(b) on and after 1 July 1992-- the product of-- 6
(i) the Judge's 1991 notional salary amount; and 7
(ii) the Judge's notional salary increase factor. 8
`(3) The Judge's notional salary increase factor is the number worked 9
out, to 2 decimal places, using the following formula-- 10
latest notional salary package amount 11
1992 notional salary package amount. 12
`(4) In this section-- 13
"1991 notional salary amount", for a Judge, means the annual rate of 14
salary that would have been necessary to be payable to the Judge (if the 15
Judge had not died or retired) to entitle the Judge or the Judge's widow 16
to continue to receive, or receive, pension at the same annual rate after 17
the commencement of this section, and up to 30 June 1992, as would 18
have been payable if the Supreme Court of Queensland Act 1991 had 19
not been enacted and amended this Act. 20
"1992 notional salary package amount", for a Judge, means the Judge's 21
notional salary package amount that applied immediately before 1 July 22
1992. 23
"applicable determination", for a Judge, means a determination made by 24
the Tribunal, other than a determination disallowed by the Legislative 25
Assembly. 26
"determination" means a determination made under the Judges (Salaries 27
and Allowances) Act 1967. 28
"latest notional salary package amount", for a Judge, means the Judge's 29
notional salary package amount under the latest applicable 30
determination. 31
"notional salary package amount", for a Judge, means the total of the 32
annual rate of salary and allowances, including any general allowance 33
s8 7 s 10
Judicial Legislation Amendment
and jurisprudential allowance, that would be payable to the Judge or to 1
which the Judge could have become entitled, if the Judge had not died 2
or retired. 3
"Tribunal" means the Salaries and Allowances Tribunal.'. 4
of s 16 (Act not to apply if Judge removed from office) 5
Replacement
Clause 8. Section 16-- 6
omit, insert-- 7
happens if Judge removed from office 8
`What
`16.(1) If a Judge is removed from office under an Act, this Act applies 9
only if the reason for the Judge's removal is that the Judge is unable to 10
perform the duties of the office because of a permanent disability or 11
infirmity. 12
`(2) However, the Governor in Council may decide that this Act applies 13
to the Judge despite subsection (1).'. 14
ART 4--AMENDMENT OF JUDGES (SALARIES 15
P
AND ALLOWANCES) ACT 1967 16
Act 17
Amended
Clause 9. This Part amends the Judges (Salaries and Allowances) Act 1967. 18
of s 3 (Salary and allowances of District Court Judges) 19
Replacement
Clause 10. Section 3-- 20
omit, insert-- 21
and allowances of District Court Judges 22
`Salary
`3.(1) The rate of salary, and the allowances and rates of allowances, 23
payable to the Chief Judge, and a Senior Judge, of District Courts and other 24
District Court Judges are to be fixed by determinations of the Tribunal. 25
s 11 8 s 11
Judicial Legislation Amendment
`(2) However, the total of the annual rates of salary and allowances 1
payable to a District Court Judge must not be reduced by a determination. 2
`(3) The salaries and allowances are payable out of the Consolidated 3
Fund, which is appropriated accordingly.'. 4
of new Pts 3A and 3B 5
Insertion
Clause 11. After Part 3-- 6
insert-- 7
`PART 3A--SALARIES AND ALLOWANCES OF 8
INDUSTRIAL COMMISSIONERS 9
and allowances of Industrial Commissioners 10
`Salary
`3A.(1) The rate of salary, and the allowances and rates of allowances, 11
payable to the Chief Industrial Commissioner and the other Industrial 12
Commissioners are to be fixed by determinations of the Tribunal. 13
`(2) However, the total of the annual rates of salary and allowances 14
payable to an Industrial Commissioner must not be reduced by a 15
determination. 16
`(3) Until the Tribunal's first determination about the Industrial 17
Commissioners, an Industrial Commissioner must be paid the salary and 18
allowances payable to the Commissioner immediately before the 19
commencement of this section. 20
`(4) Subsection (3) and this subsection expire 6 months after the 21
commencement of this section or, if another day (within 1 year after the 22
commencement) is fixed by regulation, on that day. 23
s 12 9 s 12
Judicial Legislation Amendment
ART 3B--SALARIES AND ALLOWANCES OF 1
`P
LAND COURT MEMBERS 2
and allowances of Land Court members 3
`Salary
`3B.(1) The rate of salary, and the allowances and rates of allowances, 4
payable to the President and the other members of the Land Court are to be 5
fixed by determinations of the Tribunal. 6
`(2) However, the total of the annual rates of salary and allowances 7
payable to a member of the Land Court must not be reduced by a 8
determination. 9
`(3) Until the Tribunal's first determination about the members of the 10
Land Court, a member of the Land Court must be paid the salary and 11
allowances payable to the member immediately before the commencement 12
of this section. 13
`(4) Subsection (3) and this subsection expire 6 months after the 14
commencement of this section or, if another day (within 1 year after the 15
commencement) is fixed by regulation, on that day.'. 16
of s 4 (Salaries of Magistrates etc.) 17
Replacement
Clause 12. Section 4-- 18
omit, insert-- 19
of Magistrates etc. 20
`Salary
`4.(1) The rates of salary payable to the Chief Stipendiary Magistrate, the 21
Senior Stipendiary Magistrate and other Stipendiary Magistrates are to be 22
fixed by determinations of the Tribunal. 23
`(2) However, the annual rate of salary payable to a Magistrate must not 24
be reduced by a determination. 25
`(3) The salaries are payable out of the Consolidated Fund, which is 26
appropriated accordingly.'. 27
s 13 10 s 14
Judicial Legislation Amendment
of s 5 (Establishment of Tribunal) 1
Amendment
Clause 13. Section 5(3)-- 2
omit, insert-- 3
`(3) A person must not be appointed or hold office as a member of the 4
Tribunal if the person holds any of the following offices-- 5
(a) a Judge of the Supreme Court; 6
(b) a Judge of the District Courts; 7
(c) a member of the Land Court; 8
(d) an Industrial Commissioner; 9
(e) a Magistrate.'. 10
of s 12 (Inquiry and report on judicial salaries and 11
Amendment
allowances) 12
Clause 14.(1) Section 12(1)(c)-- 13
renumber as section 12(1)(e). 14
(2) Section 12(1)-- 15
insert-- 16
`(c) the rates of salary, and the allowances and rates of allowances, 17
respectively payable to the Chief Industrial Commissioner and 18
other Industrial Commissioners; and 19
`(d) the rates of salary, and the allowances and rates of allowances, 20
respectively payable to the President and other members of the 21
Land Court;'. 22
(3) Section 12(2)(c)-- 23
omit, insert-- 24
`(c) given to the relevant Minister.'. 25
(4) Section 12-- 26
insert-- 27
`(8) In this section-- 28
s 15 11 s 15
Judicial Legislation Amendment
"relevant Minister" means, for a report about salaries and allowances of-- 1
(a) Supreme Court Judges, District Court Judges or 2
Magistrates--the Minister; or 3
(b) Industrial Commissioners--the Minister administering the 4
Industrial Relations Act 1990; or 5
(c) members of the Land Court--the Minister administering the 6
Land Act 1962.'. 7
of s 13 (Method of inquiry by Tribunal) 8
Amendment
Clause 15.(1) Section 13(2)-- 9
omit, insert-- 10
`(2) The Tribunal may decide that changes should be made to the salary 11
and allowances of a Judge, Industrial Commissioner or member of the 12
Land Court, or the salary of a Magistrate, only if it considers the changes 13
are equitable having regard to-- 14
(a) for a Judge-- 15
(i) the salary and allowances payable to Judges of the 16
Commonwealth, the other States and Territories; and 17
(ii) other matters the Tribunal considers relevant to the 18
responsibilities and conditions of service of the Judge; or 19
(b) for an Industrial Commissioner-- 20
(i) the salary and allowances payable to equivalent or similar 21
office holders of the Commonwealth, the other States and 22
the Territories; and 23
(ii) other matters the Tribunal considers relevant to the 24
responsibilities and conditions of service of the Industrial 25
Commissioner; or 26
(c) for a member of the Land Court-- 27
(i) the salary and allowances payable to equivalent or similar 28
office holders of the Commonwealth, the other States and 29
the Territories; and 30
(ii) other matters the Tribunal considers relevant to the 31
s 16 12 s 18
Judicial Legislation Amendment
responsibilities and conditions of service of the member; or 1
(d) for a Magistrate-- 2
(i) the salary and allowances payable to Magistrates of the 3
Commonwealth, the other States and Territories; and 4
(ii) other matters the Tribunal considers relevant to the 5
responsibilities and conditions of service of the Magistrate.'. 6
of s 16 (Regulations) 7
Replacement
Clause 16. Section 16-- 8
omit, insert-- 9
making power 10
`Regulation
`16. The Governor in Council may make regulations under this Act.'. 11
PART 5--AMENDMENT OF LAND ACT 1962 12
Act 13
Amended
Clause 17. This Part amends the Land Act 1962. 14
of s 31 (Salaries of members) 15
Replacement
Clause 18. Section 31-- 16
omit, insert-- 17
of members 18
`Remuneration
`31.(1) The rate of salary, and the allowances and rates of allowances, 19
payable to the President and other members of the Land Court are to be 20
fixed by determinations of the Salaries and Allowances Tribunal under the 21
Judges (Salaries and Allowances) Act 1967. 22
`(2) The salaries and allowances are payable out of the Consolidated 23
Fund, which is appropriated accordingly.'. 24
s 19 13 s 21
Judicial Legislation Amendment
of s 31A (Leave of absence to members) 1
Replacement
Clause 19.(1) Section 31A-- 2
omit, insert-- 3
of absence to members 4
`Leave
`31A. Section 15 of the Judges (Pensions and Long Leave) Act 1957 5
applies to a member of the Land Court as if-- 6
(a) a reference to a Judge included a reference to a member of the 7
Land Court; and 8
(b) all other necessary changes were made.'. 9
of s 31B (Election as to leave of absence) 10
Omission
Clause 20. Section 31B-- 11
omit. 12
of s 31C (Pension benefits to members) 13
Amendment
Clause 21. Section 31C(1)-- 14
omit, insert-- 15
`31C.(1) The Judges (Pensions and Long Leave) Act 1957, other than 16
sections 2A and 15, applies to a member of the Land Court and the 17
member's spouse or child as if-- 18
(a) a reference to a Judge included a reference to a member of the 19
Land Court; and 20
(b) all other necessary changes were made.'. 21
s 22 14 s 24
Judicial Legislation Amendment
ART 6--AMENDMENT OF SUPREME COURT OF 1
P
QUEENSLAND ACT 1991 2
Act 3
Amended
Clause 22. This Part amends the Supreme Court of Queensland Act 1991. 4
of s 102 (Judicial entitlements of first Judges of Appeal) 5
Amendment
Clause 23.(1) Section 102(2), `Part 6 of'-- 6
omit. 7
(2) Section 102(4) to (6)-- 8
renumber as section 102(5) to (7). 9
(3) Section 102-- 10
insert-- 11
`(4) However, subsection (3) does not prevent the making of a 12
determination by the Tribunal amalgamating the salary, general allowance 13
and jurisprudential allowance of a Judge of Appeal if-- 14
(a) the Tribunal also makes a determination amalgamating the salary, 15
general allowance and jurisprudential allowance of the other 16
Judges of the Court; and 17
(b) the amalgamation for the Judge of Appeal is to the same 18
proportional extent as the amalgamation for the other Judges of 19
the Court.'. 20
of s 109 (Regulations) 21
Replacement
Clause 24. Section 109-- 22
omit, insert-- 23
making power 24
`Regulation
`109. The Governor in Council may make regulations under this Act.'. 25
26
s 22 15 s 24
Judicial Legislation Amendment
© State of Queensland 1994
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