Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Judicial Remuneration
Bill 2007
Queensland
Judicial Remuneration Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Main purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 2 Salaries generally and jurisprudential allowances for
particular judicial officers
5 Supreme Court judge other than Chief Justice or President of
the Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Chief Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 President of the Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Chief Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 District Court judge other than the Chief Judge . . . . . . . . . . . . . . 8
10 President of the Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Member of the Land Court other than the President of the Land
Court ............................................ 8
12 Presidential members of the Industrial Commission . . . . . . . . . . 8
13 Commissioner other than a presidential member of the
Industrial Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Chief Magistrate and Deputy Chief Magistrate. . . . . . . . . . . . . . . 9
15 Magistrate other than Chief Magistrate or Deputy Chief
Magistrate ..................................... 9
Part 3 Allowances for particular judicial officers
16 Jurisprudential allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Jurisprudential allowance may be paid as reimbursement . . . . . . 10
18 Jurisprudential allowance may be paid as salary . . . . . . . . . . . . . 11
19 Jurisprudential allowance may be paid as lump sum . . . . . . . . . . 11
20 Education and conference allowance. . . . . . . . . . . . . . . . . . . . . . 11
21 Expense-of-office allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Judicial Remuneration Bill 2007
22 Long leave allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 4 General provisions
23 Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 No decrease of salaries and allowances . . . . . . . . . . . . . . . . . . . 15
25 Adjustment of salary of Federal Court judge . . . . . . . . . . . . . . . . 15
26 Determination made under the Supreme Court of Queensland
Act 1991 relating to pension entitlements . . . . . . . . . . . . . . . . . . 16
27 Notification of salary and allowances . . . . . . . . . . . . . . . . . . . . . . 17
28 Salary and allowances not payable if not holding judicial office . . 17
29 Notice of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Discontinuance, change or substantial variation of CPI . . . . . . . . 18
31 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 5 Repeal and transitional provisions and consequential and
other amendments
Division 1 Definitions
32 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2 Repeal and related provisions
33 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
34 Determination under Judges (Salaries and Allowances) Act
1967 ......................................... 19
35 Previous election for jurisprudential allowance as salary . . . . . . . 20
36 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Provisions relating to the current financial year
37 Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Act has effect for the current financial year . . . . . . . . . . . . . . . . . 20
39 First increase of jurisprudential allowance and education and
conference allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Amount of relevant allowances before commencement . . . . . . . . 21
41 Amount of expense-of-office allowance after commencement . . . 22
Division 4 Amendment of Freedom of Information Act 1992
42 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
43 Amendment of s 27 (How applications are dealt with) . . . . . . . . . 23
44 Insertion of new s 27B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27B Extended processing period. . . . . . . . . . . . . . . . . . . . 23
45 Amendment of s 34 (Notification of decisions and reasons) . . . . 24
46 Amendment of s 57 (Time within which agency or Minister must
notify applicant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
47 Insertion of new s 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Judicial Remuneration Bill 2007
57A Extended processing period. . . . . . . . . . . . . . . . . . . . 25
48 Amendment of s 58 (Decision to be made by authorised person
and reasons given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
49 Insertion of new s 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
73A Agency or Minister to be informed of application for
review of deemed decision . . . . . . . . . . . . . . . . . . . . . 27
50 Amendment of s 74 (Commissioner to notify agency or Minister) 27
51 Amendment of s 113 (Definition for pt 10) . . . . . . . . . . . . . . . . . . 27
52 Replacement of pt 11 heading (Transitional provision for State
Development and Public Works Organisation and Other
Legislation Amendment Act 2005) . . . . . . . . . . . . . . . . . . . . . . . . 27
53 Insertion of new pt 7, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6 Provisions for Judicial Remuneration Act 2007,
part 5, division 4
124 Notification requirement after deemed decision . . . . . 28
125 Considered decision or review after deemed decision 29
Division 5 Amendment of other Acts
54 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Schedule 1 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Industrial Relations Act and Other Legislation Amendment Act
2007 (Amendment of Judicial Review Act 1991) . . . . . . . . . . . . . 33
Industrial Relations Act and Other Legislation Amendment Act
2007 (Amendment of Magistrates Courts Act 1921) . . . . . . . . . . 33
Judges (Pensions and Long Leave) Act 1957 . . . . . . . . . . . . . . . 33
Land Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Magistrates Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Magistrates Courts Act 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Public Service Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Supreme Court of Queensland Act 1991 . . . . . . . . . . . . . . . . . . . 40
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
2007
A Bill
for
An Act to provide for salaries and allowances payable to judges
and other particular office holders, and for other purposes
s1 6 s3
Judicial Remuneration Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Judicial Remuneration Act 2007. 4
2 Commencement 5
(1) This Act, other than the following provisions, commence on a 6
day to be fixed by proclamation-- 7
· part 5, divisions 4 and 5 8
· schedule 1, to the extent of the amendment of-- 9
· the Industrial Relations Act 1999, amendment 1 10
· the Industrial Relations Act and Other Legislation 11
Amendment Act 2007 12
· the Magistrates Courts Act 1921 13
· the Supreme Court of Queensland Act 1991, 14
amendments 4 and 5. 15
(2) Schedule 1, to the extent of the amendment of the Supreme 16
Court of Queensland Act 1991, amendments 4 and 5, 17
commences on 1 January 2008. 18
3 Main purpose 19
The main purpose of this Act is to provide for salaries and 20
allowances for judicial officers in a way that-- 21
(a) maintains judicial independence; and 22
(b) ensures Queensland continues to attract and retain 23
judicial officers of the highest quality; and 24
(c) is generally consistent with other Australian 25
jurisdictions. 26
s4 7 s8
Judicial Remuneration Bill 2007
4 Definitions 1
The dictionary in schedule 2 defines particular words used in 2
this Act. 3
Part 2 Salaries generally and 4
jurisprudential allowances for 5
particular judicial officers 6
5 Supreme Court judge other than Chief Justice or 7
President of the Court of Appeal 8
A Supreme Court judge, other than the Chief Justice or the 9
President of the Court of Appeal, is entitled to be paid an 10
amount for a financial year, as salary and jurisprudential 11
allowance, that is equal to the salary payable to a Federal 12
Court judge for the financial year. 13
6 Chief Justice 14
The Chief Justice is entitled to be paid an amount for a 15
financial year, as salary and jurisprudential allowance, that is 16
equal to 112.5% of the benchmark amount for the financial 17
year. 18
7 President of the Court of Appeal 19
The President of the Court of Appeal is entitled to be paid an 20
amount for a financial year, as salary and jurisprudential 21
allowance, that is equal to 97.5% of the amount the Chief 22
Justice is entitled, under section 6, to be paid for the financial 23
year. 24
8 Chief Judge 25
The Chief Judge is entitled to be paid an amount for a 26
financial year, as salary and jurisprudential allowance, that is 27
equal to 100% of the benchmark amount for the financial year. 28
s9 8 s 12
Judicial Remuneration Bill 2007
9 District Court judge other than the Chief Judge 1
A District Court judge, other than the Chief Judge, is entitled 2
to be paid an amount for a financial year, as salary and 3
jurisprudential allowance, that is equal to 90% of the 4
benchmark amount for the financial year. 5
10 President of the Land Court 6
The President of the Land Court is entitled to be paid an 7
amount for a financial year, as salary and jurisprudential 8
allowance, that is equal to 100% of the benchmark amount for 9
the financial year. 10
11 Member of the Land Court other than the President of the 11
Land Court 12
A member of the Land Court, other than the President of the 13
Land Court, is entitled to be paid an amount for a financial 14
year, as salary and jurisprudential allowance, that is equal to 15
90% of the benchmark amount for the financial year. 16
12 Presidential members of the Industrial Commission 17
(1) The President of the Industrial Court is entitled to be paid an 18
amount for a financial year, as salary and jurisprudential 19
allowance, that is equal to 100% of the benchmark amount for 20
the financial year. 21
(2) The Vice President of the Industrial Commission is entitled to 22
be paid the following amounts for a financial year-- 23
(a) an amount, as salary, that is equal to 97% of the amount 24
that the President of the Industrial Court is entitled, 25
under subsection (1), to be paid as salary for the 26
financial year; 27
(b) an amount, as jurisprudential allowance, that is equal to 28
100% of the amount that a District Court judge is 29
entitled, under section 9, to be paid as jurisprudential 30
allowance for the financial year. 31
(3) A deputy president of the Industrial Commission is entitled to 32
be paid an amount for a financial year, as salary, that is equal 33
to 90% of the amount that the President of the Industrial Court 34
s 13 9 s 15
Judicial Remuneration Bill 2007
is entitled, under subsection (1), to be paid as salary for the 1
financial year. 2
13 Commissioner other than a presidential member of the 3
Industrial Commission 4
A commissioner, other than a presidential member of the 5
Industrial Commission, is entitled to be paid an amount for a 6
financial year, as salary, that is equal to 85% of the amount 7
that the President of the Industrial Court is entitled, under 8
section 12(1), to be paid as salary for the financial year. 9
14 Chief Magistrate and Deputy Chief Magistrate 10
(1) Subject to subsection (2), the Chief Magistrate is entitled to be 11
paid an amount for a financial year, as salary, that is equal to 12
85.5% of the benchmark amount for the financial year. 13
(2) Subsection (1) does not apply to the Chief Magistrate if he or 14
she is a District Court judge. 15
(3) The Deputy Chief Magistrate is entitled to be paid an amount 16
for a financial year, as salary, that is midway between the 17
following-- 18
(a) the amount a Chief Magistrate who is not a District 19
Court judge is, under subsection (1), entitled to be paid 20
for the financial year; 21
(b) the amount a magistrate, other than the Chief Magistrate 22
or Deputy Chief Magistrate, is, under section 15, 23
entitled to be paid for the financial year. 24
15 Magistrate other than Chief Magistrate or Deputy Chief 25
Magistrate 26
A magistrate, other than the Chief Magistrate or the Deputy 27
Chief Magistrate, is entitled to be paid an amount for a 28
financial year, as salary, that is equal to 78.7% of the 29
benchmark amount for the financial year. 30
s 16 10 s 17
Judicial Remuneration Bill 2007
Part 3 Allowances for particular 1
judicial officers 2
16 Jurisprudential allowance 3
(1) The purpose of this section is to make provision for a 4
jurisprudential allowance payable as mentioned in part 2 for 5
each financial year to particular judicial officers. 6
(2) Each of the following judicial officers is entitled to the 7
payment of a jurisprudential allowance-- 8
(a) the Chief Justice, the President of the Court of Appeal 9
and the other Supreme Court judges; 10
(b) the Chief Judge and the other District Court judges; 11
(c) the President of the Land Court and the other members 12
of the Land Court; 13
(d) the President of the Industrial Court; 14
(e) the Vice President of the Industrial Commission. 15
(3) The amount of the jurisprudential allowance payable for a 16
financial year to each judicial officer increases each financial 17
year at the same rate as the salary for the judicial officer 18
increases for that year. 19
17 Jurisprudential allowance may be paid as reimbursement 20
(1) A judicial officer entitled to be paid a jurisprudential 21
allowance may be paid all or part of the amount of the 22
jurisprudential allowance for a financial year to reimburse his 23
or her vouched or estimated expenses incurred during the 24
financial year for the cost of self-education. 25
(2) If an amount of a jurisprudential allowance for a financial year 26
is not paid to the judicial officer under subsection (1), the 27
amount may be paid to the judicial officer to reimburse his or 28
her vouched or estimated expenses incurred in a later financial 29
year for the cost of self-education. 30
(3) However, a judicial officer is not entitled to be paid an amount 31
of a jurisprudential allowance for a financial year under 32
subsection (2) in relation to his or her vouched or estimated 33
s 18 11 s 20
Judicial Remuneration Bill 2007
expenses incurred after the end of the period of 7 financial 1
years after the end of the financial year to which the allowance 2
relates. 3
(4) The cost of self-education includes the cost of a spouse 4
accompanying a judicial officer to a place for the 5
self-education. 6
(5) An estimated expense must be acquitted. 7
18 Jurisprudential allowance may be paid as salary 8
(1) A judicial officer entitled to be paid a jurisprudential 9
allowance may elect to be paid all or part of the amount of the 10
jurisprudential allowance as salary. 11
(2) If an election under subsection (1) is made by the judicial 12
officer, the amount of the jurisprudential allowance for a 13
financial year is payable to the judicial officer on a pro rata 14
basis at the same time as salary. 15
19 Jurisprudential allowance may be paid as lump sum 16
(1) This section applies to an amount of a jurisprudential 17
allowance for a financial year that a judicial officer is entitled 18
to be paid but is not paid to the judicial officer under section 19
17 or 18. 20
(2) The judicial officer may elect to be paid all or part of the 21
amount as a lump sum, including as a lump sum on retirement 22
or resignation. 23
(3) However, a judicial officer is not entitled to be paid all or part 24
of the amount of a jurisprudential allowance for a financial 25
year as a lump sum after the end of the period of 7 financial 26
years after the end of the financial year to which the allowance 27
relates. 28
20 Education and conference allowance 29
(1) The purpose of this section is to make provision for an 30
education and conference allowance payable for each 31
financial year to particular judicial officers. 32
s 21 12 s 21
Judicial Remuneration Bill 2007
(2) Each of the following judicial officers is entitled to the 1
payment of an education and conference allowance-- 2
(a) a commissioner other than a presidential member of the 3
Industrial Commission; 4
(b) a deputy president of the Industrial Commission. 5
(3) The amount of the education and conference allowance 6
payable for a financial year to each judicial officer increases 7
each financial year at the same rate as the salary for the 8
judicial officer increases for that year. 9
(4) If the increase of the education and conference allowance for 10
a financial year is worked out after the start of that year, it 11
must be backdated to the start. 12
(5) The education and conference allowance for a financial year 13
may be paid to a judicial officer to reimburse his or her 14
vouched or estimated expenses incurred during the financial 15
year for the cost of self-education. 16
(6) An amount of education and conference allowance for a 17
financial year that is not paid to a judicial officer under 18
subsection (5) may be paid to the judicial officer to reimburse 19
his or her vouched or estimated expenses incurred in a later 20
financial year for the cost of self-education. 21
(7) The education and conference allowance is not payable at any 22
time as salary or a lump sum, including as a lump sum on 23
retirement or resignation. 24
(8) An estimated expense must be acquitted. 25
21 Expense-of-office allowance 26
(1) The purpose of this section is to make provision for an 27
expense-of-office allowance payable for each financial year to 28
particular judicial officers. 29
(2) Each of the following judicial officers is entitled to the 30
payment of an expense-of-office allowance-- 31
(a) the Chief Justice, the President of the Court of Appeal 32
and the other Supreme Court judges; 33
(b) the Chief Judge and the other District Court judges; 34
s 21 13 s 21
Judicial Remuneration Bill 2007
(c) the President of the Land Court and the other members 1
of the Land Court; 2
(d) the President of the Industrial Court. 3
(3) The amount of the expense-of-office allowance for a financial 4
year payable to a judicial officer increases each financial year 5
in accordance with the consumer price index for the preceding 6
financial year. 7
(4) If the increase of the expense-of-office allowance for a 8
financial year is worked out after the start of that year, it must 9
be backdated to the start. 10
(5) The expense-of-office allowance for a financial year may be 11
paid to a judicial officer to reimburse his or her vouched 12
expenses in that year for 1 or more of the following-- 13
(a) attendance by the judicial officer and his or her spouse 14
at official functions, conferences and conventions; 15
(b) library books and subscriptions and maintenance, 16
binding and insurance of the books or matters covered 17
by the subscriptions; 18
(c) fees for membership of professional associations; 19
(d) purchase, maintenance and insurance of judicial wigs 20
and regalia; 21
(e) purchase of newspapers and periodicals; 22
(f) travel for the judicial officer and his or her spouse, 23
including accommodation as part of the travel, in 24
connection with official functions, conferences, 25
conventions and academic activities. 26
(6) However the expense-of-office allowance payable for a 27
financial year to a judicial officer may only be paid for a 28
purpose mentioned in subsection (5)(f) if the judicial officer 29
has not travelled at public expense during the financial year 30
for more than the following-- 31
(a) once overseas otherwise than to or from New Zealand; 32
(b) twice within Australia or to, from or within New 33
Zealand. 34
(7) For subsection (6), the class of travel undertaken by a judicial 35
officer is irrelevant. 36
s 22 14 s 22
Judicial Remuneration Bill 2007
(8) An amount of expense-of-office allowance for a financial year 1
that is not paid to a judicial officer under subsection (5) may 2
be paid to the judicial officer to reimburse expenses incurred 3
in a later financial year for a matter mentioned in that 4
subsection. 5
(9) The expense-of-office allowance is not payable at any time as 6
salary or a lump sum, including as a lump sum on retirement 7
or resignation. 8
(10) In this section-- 9
at public expense, in relation to travel, means all or part of the 10
cost of the travel was paid for using an amount paid as 11
education and conference allowance or expense-of-office 12
allowance. 13
consumer price index means either of the following-- 14
(a) the Consumer Price Index (All Groups) Brisbane, as 15
published by the Australian Statistician, Brisbane; 16
(b) if another index is nominated by the Australian 17
Statistician as mentioned in section 30, the other index. 18
22 Long leave allowance 19
(1) The purpose of this section is to make provision for a long 20
leave allowance payable for each financial year to particular 21
judicial officers. 22
(2) Each of the following judicial officers is entitled to the 23
payment of a long leave allowance for each financial year-- 24
(a) the Chief Justice, the President of the Court of Appeal 25
and the other Supreme Court judges; 26
(b) the Chief Judge and the other District Court judges; 27
(c) the President of the Land Court and the other members 28
of the Land Court; 29
(d) a presidential member of the Industrial Commission. 30
(3) Subject to subsection (4), the amount of the long leave 31
allowance for the judicial officer for a financial year is 2.86% 32
of the amount of the salary to which the officer is entitled for 33
the financial year. 34
s 23 15 s 25
Judicial Remuneration Bill 2007
(4) The long leave allowance is to be paid on a pro rata basis at 1
the same time as salary. 2
Part 4 General provisions 3
23 Appropriation 4
(1) Subject to subsection (2), the following are payable out of the 5
consolidated fund and the fund is appropriated accordingly-- 6
(a) amounts for salaries and allowances payable under this 7
Act; 8
(b) amounts payable under a determination mentioned in 9
section 26. 10
(2) This section does not affect the Constitution of Queensland 11
2001, section 62(3). 12
24 No decrease of salaries and allowances 13
(1) The total amount of salary and allowances payable to a 14
judicial officer for a financial year under this Act can not be 15
decreased in any later financial year. 16
(2) Subsection (1) has effect despite any other provision of this 17
Act. 18
(3) This section does not affect the Constitution of Queensland 19
2001, section 62(2). 20
25 Adjustment of salary of Federal Court judge 21
(1) An adjustment of an amount payable to a judicial officer 22
under part 2 in relation to a financial year only takes effect as 23
provided by subsection (2). 24
(2) If-- 25
(a) an adjustment of the salary of a Federal Court Judge 26
takes effect during the financial year; and 27
s 26 16 s 26
Judicial Remuneration Bill 2007
(b) the relevant determination of the Federal Remuneration 1
Tribunal is not disapproved of by a resolution passed by 2
either House of the Parliament of the Commonwealth 3
under the Remuneration Tribunal Act 1973 (Cwlth); 4
the adjustment takes effect on the later of the following-- 5
(c) the beginning of the day after the last day on which 6
either House of that Parliament could have passed a 7
resolution in relation to that determination; 8
(d) the date on which that determination takes effect. 9
(3) If, under subsection (2), an adjustment takes effect after the 10
date mentioned in subsection (2)(d), a judicial officer who 11
held the relevant office at any time during the period of 12
deferral is entitled to receive the difference between-- 13
(a) the amount that would have been payable to him or her 14
during the period of deferral if the adjustment had taken 15
effect on the date mentioned in subsection (2)(d); and 16
(b) the amount that was payable to him or her in relation to 17
the period of deferral. 18
(4) In this section-- 19
Federal Remuneration Tribunal means the Remuneration 20
Tribunal established by the Remuneration Tribunal Act 1973 21
(Cwlth), section 4(1). 22
period of deferral, in relation to an adjustment, means the 23
period starting on the date mentioned in subsection (2)(d) and 24
ending on the day on which the adjustment takes effect. 25
26 Determination made under the Supreme Court of 26
Queensland Act 1991 relating to pension entitlements 27
(1) This section applies in relation to a person who-- 28
(a) was appointed as a justice of the Court of Appeal before 29
1 August 1997; and 30
(b) had retired before the commencement of this section. 31
(2) This section also applies to the determination made under the 32
Supreme Court of Queensland Act 1991 by the Governor in 33
Council on 24 October 1991 in relation to pension 34
s 27 17 s 29
Judicial Remuneration Bill 2007
entitlements to the extent the determination related to the 1
person before the commencement of this section. 2
(3) The determination continues to have effect-- 3
(a) for deciding pension entitlements in relation to the 4
person; and 5
(b) as the appropriate way in which pension entitlements are 6
to be worked out. 7
27 Notification of salary and allowances 8
After an adjustment to the amount of the salary or an 9
allowance payable to a judicial officer takes effect, the 10
Governor in Council must publish, by gazette notice, the 11
adjusted salary or allowance. 12
28 Salary and allowances not payable if not holding judicial 13
office 14
(1) This section applies to a person in relation to the financial 15
year in which the person starts holding, or stops holding, 16
judicial office. 17
(2) Salary and allowances payable to holders of that judicial 18
office for the financial year are not payable to the person in 19
relation to any period during which the person did not or does 20
not hold the judicial office. 21
(3) Subsection (2) applies despite a reference in another provision 22
of this Act to an entitlement to the salary or allowance for a 23
financial year. 24
29 Notice of election 25
Written notice given to the following for an election under 26
section 18 or 19 is evidence of the election-- 27
(a) for a presidential member of the Industrial 28
Commission--the chief executive of the department that 29
administers the Industrial Relations Act 1999; 30
(b) for all other judicial officers--the chief executive. 31
s 30 18 s 32
Judicial Remuneration Bill 2007
30 Discontinuance, change or substantial variation of CPI 1
(1) This section applies if the Consumer Price Index (All Groups) 2
Brisbane, as published by the Australian Statistician, is 3
discontinued, changed or substantially varied. 4
(2) Another index nominated by the Australian Statistician which, 5
in his or her opinion, is appropriate for measuring the 6
variation in the cost of living in Brisbane is to be used instead 7
of the Consumer Price Index (All Groups) Brisbane. 8
31 Regulation-making power 9
The Governor in Council may make regulations under this 10
Act. 11
Part 5 Repeal and transitional 12
provisions and consequential 13
and other amendments 14
Division 1 Definitions 15
32 Definitions for pt 5 16
In this part-- 17
commencement means the commencement of this section. 18
current financial year means the financial year starting on 1 19
July 2007. 20
new Act means this Act as in force immediately after 21
commencement. 22
relevant allowance, in relation to a judicial officer, means-- 23
(a) if the judicial officer is entitled to be paid jurisprudential 24
allowance--jurisprudential allowance; or 25
s 33 19 s 34
Judicial Remuneration Bill 2007
(b) if the judicial officer is entitled to be paid an education 1
and conference allowance--education and conference 2
allowance. 3
repealed Act means the repealed Judges (Salaries and 4
Allowances) Act 1967. 5
Division 2 Repeal and related provisions 6
33 Repeal 7
(1) The Judges (Salaries and Allowances) Act 1967, No. 40 is 8
repealed. 9
(2) On commencement-- 10
(a) the Salaries and Allowances Tribunal is dissolved; and 11
(b) the members of the tribunal go out of office. 12
(3) No compensation is payable to a member because of 13
subsection (2). 14
(4) No liability attaches to a member of the tribunal in relation to 15
a failure to comply with section 12 of the repealed Act. 16
34 Determination under Judges (Salaries and Allowances) 17
Act 1967 18
(1) If, under a SAT determination, a person accrued an 19
entitlement to an allowance in relation to a financial year 20
before the current financial year but was not paid the 21
allowance before commencement, despite the repeal of the 22
repealed Act, the person retains the entitlement. 23
(2) Each retained entitlement is subject to the same conditions 24
and limitations that applied to it immediately before 25
commencement. 26
(3) If a SAT determination was made but not gazetted before 27
commencement, to remove any doubt, it is declared that the 28
SAT determination has no effect and must not be gazetted or 29
tabled in the Legislative Assembly. 30
(4) In this section-- 31
s 35 20 s 38
Judicial Remuneration Bill 2007
SAT determination means a determination made by the 1
Salaries and Allowances Tribunal under section 12 of the 2
repealed Act. 3
35 Previous election for jurisprudential allowance as salary 4
If, before commencement, a judicial officer had elected to 5
take jurisprudential allowance as salary and the election had 6
not been revoked, the election has effect as if it were an 7
election under section 18. 8
36 References to repealed Act 9
In an Act or document, a reference to the repealed Act may, if 10
the context permits, be taken as a reference to this Act. 11
Division 3 Provisions relating to the current 12
financial year 13
37 Purpose of div 3 14
The purpose of this division is to provide for the application 15
of the new Act to the payment of amounts in relation to the 16
current financial year. 17
38 Act has effect for the current financial year 18
(1) This section applies to a judicial officer if, immediately after 19
commencement, the judicial officer is entitled to an amount as 20
salary or an allowance. 21
(2) The amounts the judicial officer is entitled to be paid in 22
relation to the current financial year are to be worked out 23
under the new Act on commencement and whenever any 2007 24
adjustment takes effect under section 25 after commencement. 25
(3) However, to work out the amount payable under section 5 if 26
no 2007 adjustment took effect before commencement, a 27
reference in that section to the salary of a Federal Court judge 28
for a financial year is the salary payable to a Federal Court 29
judge at commencement. 30
s 39 21 s 40
Judicial Remuneration Bill 2007
(4) In this section-- 1
2007 adjustment means an adjustment, under the 2
Remuneration Tribunal Act 1973 (Cwlth), of the salary 3
payable to a Federal Court judge in relation to the current 4
financial year. 5
39 First increase of jurisprudential allowance and education 6
and conference allowance 7
(1) The purpose of this section is to provide for working out the 8
first increase under the new Act of a relevant allowance 9
payable to a judicial officer for the purposes of sections 16(3) 10
and 20(3). 11
(2) The rate of increase of salary is to be worked out by 12
comparing the following-- 13
(a) the salary payable under the new Act to the judicial 14
officer at the time of the first increase; 15
(b) the salary payable to the judicial officer at the time the 16
relevant allowance was last increased under the repealed 17
Act. 18
40 Amount of relevant allowances before commencement 19
(1) The section states amounts of relevant allowances payable to a 20
judicial officer immediately before commencement in order to 21
work out the amount of the relevant allowances payable to the 22
judicial officer on commencement. 23
(2) The following jurisprudential allowances were payable-- 24
(a) for the Chief Justice--$26950; 25
(b) for the President of the Court of Appeal--$26120; 26
(c) for a Supreme Court judge other than the Chief Justice 27
or the President of the Court of Appeal--$22950; 28
(d) for the Chief Judge--$22950; 29
(e) for a District Court judge other than the Chief 30
Judge--$20650; 31
(f) for the President of the Land Court and the President of 32
the Industrial Court--$22950; 33
s 41 22 s 42
Judicial Remuneration Bill 2007
(g) for a member of the Land Court, other than the President 1
of the Land Court, and the Vice President of the 2
Industrial Commission--$20650. 3
(3) An education and conference allowance of $12695 was 4
payable to the following-- 5
(a) a deputy president of the Industrial Commission; 6
(b) a commissioner, other than a presidential member of the 7
Industrial Commission. 8
41 Amount of expense-of-office allowance after 9
commencement 10
(1) This section states the amount of the expense-of-office 11
allowance payable on commencement under the new Act for 12
the current financial year to each of the following-- 13
(a) the Chief Justice, the President of the Court of Appeal 14
and the other Supreme Court judges; 15
(b) the Chief Judge and the other District Court judges; 16
(c) the President of the Land Court and the other members 17
of the Land Court; 18
(d) the President of the Industrial Court. 19
(2) The amount of the expense-of-office allowance for the current 20
financial year is $8780. 21
(3) The amount in subsection (2) is taken to have been worked out 22
under section 21(3) for the current financial year but this 23
section does not otherwise limit section 21. 24
Division 4 Amendment of Freedom of 25
Information Act 1992 26
42 Act amended in div 4 27
This division amends the Freedom of Information Act 1992. 28
s 43 23 s 44
Judicial Remuneration Bill 2007
43 Amendment of s 27 (How applications are dealt with) 1
Section 27-- 2
insert-- 3
`(5A) As soon as practicable after a decision the agency's principal 4
officer or the Minister is taken to have made under subsection 5
(5), the principal officer or the Minister must give written 6
notice to the applicant-- 7
(a) stating the decision taken to have been made; and 8
(b) specifying-- 9
(i) the day on which the decision is taken to have been 10
made; and 11
(ii) the right of review conferred by part 5 in relation to 12
the decision; and 13
(iii) the procedures to be followed for exercising the 14
right; and 15
(iv) the time within which an application for review 16
must be made.'. 17
44 Insertion of new s 27B 18
After section 27A-- 19
insert-- 20
`27B Extended processing period 21
`(1) Before or after an agency's principal officer or a Minister is 22
taken to have made a decision under section 27(5) in relation 23
to an application (the deemed decision), the agency or the 24
Minister may ask the applicant for a further specified period 25
(an extended processing period) within which the agency or 26
the Minister may continue to consider the application and 27
make a decision in relation to it. 28
`(2) Additional requests may be made under subsection (1) to 29
allow further extended processing periods. 30
`(3) Until a considered decision is made under subsection (4), an 31
application for review of the deemed decision-- 32
s 45 24 s 45
Judicial Remuneration Bill 2007
(a) may be made even if the applicant has agreed to a 1
request made under subsection (1); and 2
(b) despite section 73(1)(d), may be made-- 3
(i) at any time before 28 days from the end of the 4
extended processing period or, in the case of more 5
than 1 extended processing period, the last 6
extended processing period; or 7
(ii) within the longer period the commissioner allows. 8
`(4) The agency or the Minister may, at any time before the agency 9
or the Minister is informed under section 73A of an 10
application for review of the deemed decision, continue to 11
consider the application and make a decision in relation to it 12
(a considered decision). 13
`(5) Subsection (4) applies even if-- 14
(a) no request has been made under subsection (1); or 15
(b) the applicant has not agreed to a request made under 16
subsection (1). 17
`(6) If a considered decision is made, the considered decision 18
replaces the deemed decision for the purposes of this Act. 19
Example-- 20
The agency or the Minister must give notice of the considered decision 21
under section 34 and the considered decision is potentially subject to 22
internal review under section 52, in addition to external review under 23
part 5.'. 24
45 Amendment of s 34 (Notification of decisions and 25
reasons) 26
Section 34-- 27
insert-- 28
`(4) This section does not apply in relation to a decision an 29
agency's principal officer or a Minister is taken to have made 30
under section 27(5).'. 31
s 46 25 s 47
Judicial Remuneration Bill 2007
46 Amendment of s 57 (Time within which agency or 1
Minister must notify applicant) 2
Section 57-- 3
insert-- 4
`(3) As soon as practicable after the agency's principal officer or 5
the Minister is taken to have made a decision under subsection 6
(2), the principal officer or the Minister must give written 7
notice to the applicant-- 8
(a) stating the decision taken to have been made; and 9
(b) specifying-- 10
(i) the day on which the decision is taken to have been 11
made; and 12
(ii) the right of review conferred by part 5 in relation to 13
the decision; and 14
(iii) the procedures to be followed for exercising the 15
right; and 16
(iv) the time within which an application for review 17
must be made.'. 18
47 Insertion of new s 57A 19
After section 57-- 20
insert-- 21
`57A Extended processing period 22
`(1) Before or after an agency's principal officer or a Minister is 23
taken to have made a decision under section 57(2) in relation 24
to an application (the deemed decision), the agency or the 25
Minister may ask the applicant for a further specified period 26
(an extended processing period) within which the agency or 27
the Minister may continue to consider the application and 28
make a decision in relation to it. 29
`(2) Additional requests may be made under subsection (1) to 30
allow further extended processing periods. 31
`(3) Until a considered decision is made under subsection (4), an 32
application for review of the deemed decision-- 33
s 48 26 s 48
Judicial Remuneration Bill 2007
(a) may be made even if the applicant has agreed to a 1
request made under subsection (1); and 2
(b) despite section 73(1)(d), may be made-- 3
(i) at any time before 28 days from the end of the 4
extended processing period or, in the case of more 5
than 1 extended processing period, the last 6
extended processing period; or 7
(ii) within the longer period the commissioner allows. 8
`(4) The agency or the Minister may, at any time before the agency 9
or the Minister is informed under section 73A of an 10
application for review of the deemed decision, continue to 11
consider the application and make a decision in relation to it 12
(a considered decision). 13
`(5) Subsection (4) applies even if-- 14
(a) no request has been made under subsection (1); or 15
(b) the applicant has not agreed to a request made under 16
subsection (1). 17
`(6) If a considered decision is made, the considered decision 18
replaces the deemed decision for the purposes of this Act. 19
Example-- 20
The agency or the Minister must give notice of the considered decision 21
under section 58(2) and the considered decision is potentially subject to 22
internal review under section 60, in addition to external review under 23
part 5.'. 24
48 Amendment of s 58 (Decision to be made by authorised 25
person and reasons given) 26
Section 58-- 27
insert-- 28
`(3) However, subsection (2) does not apply to a decision an 29
agency's principal officer or a Minister is taken to have made 30
under section 57(2).'. 31
s 49 27 s 52
Judicial Remuneration Bill 2007
49 Insertion of new s 73A 1
After section 73-- 2
insert-- 3
`73A Agency or Minister to be informed of application for 4
review of deemed decision 5
`If an application is made for review of a decision of an 6
agency's principal officer or a Minister taken to have been 7
made under section 27(5) or 57(2), the commissioner must 8
inform the agency or Minister of the application as soon as 9
practicable after it is made.'. 10
50 Amendment of s 74 (Commissioner to notify agency or 11
Minister) 12
Section 74, heading-- 13
omit, insert-- 14
`74 Agency or Minister to be informed before review of 15
decision'. 16
51 Amendment of s 113 (Definition for pt 10) 17
(1) Section 113, heading, `pt 10'-- 18
omit, insert-- 19
`div 4'. 20
(2) Section 113, `part'-- 21
omit, insert-- 22
`division'. 23
52 Replacement of pt 11 heading (Transitional provision for 24
State Development and Public Works Organisation and 25
Other Legislation Amendment Act 2005) 26
Part 11, heading-- 27
omit, insert-- 28
s 53 28 s 53
Judicial Remuneration Bill 2007
`Division 5 Provision for State Development 1
and Public Works Organisation and 2
Other Legislation Amendment Act 3
2005'. 4
53 Insertion of new pt 7, div 6 5
After section 123-- 6
insert-- 7
`Division 6 Provisions for Judicial 8
Remuneration Act 2007, part 5, 9
division 4 10
`124 Notification requirement after deemed decision 11
`(1) Sections 34 and 58(2) do not apply, and are taken never to 12
have applied, in relation to a decision an agency's principal 13
officer or a Minister is taken to have made under section 27(5) 14
or 57(2) before the commencement of this section. 15
`(2) However, if the decision is taken to have been made not more 16
than 28 days before the commencement of this section, the 17
agency's principal officer or the Minister must give written 18
notice to the applicant-- 19
(a) stating the decision taken to have been made under 20
section 27(5) or 57(2) (the deemed decision); and 21
(b) specifying-- 22
(i) the day on which the deemed decision was taken to 23
have been made; and 24
(ii) the right of review conferred by part 5 in relation to 25
the deemed decision; and 26
(iii) the procedures to be followed for exercising the 27
right; and 28
(iv) the time within which an application for review 29
must be made. 30
s 53 29 s 53
Judicial Remuneration Bill 2007
`(3) Subsection (2) does not apply in relation to a deemed decision 1
for an application (the original application) if, before the 2
commencement of this section-- 3
(a) the agency or the Minister advised the applicant that the 4
applicant could make another application in the same 5
terms as, or in similar terms to, the original application; 6
and 7
(b) the applicant made another application in those terms. 8
`125 Considered decision or review after deemed decision 9
`(1) At any time before the agency or the Minister is informed of 10
an application for review of a decision the agency's principal 11
officer or the Minister is taken to have made under section 12
27(5) or 57(2) before the commencement of this section (the 13
deemed decision), the agency or the Minister, may, and is 14
taken always to have been able to, continue to consider the 15
application and make a decision in relation to it (a considered 16
decision). 17
`(2) If a considered decision is or was made, the considered 18
decision replaces, and is taken always to have replaced, the 19
deemed decision for the purposes of this Act. 20
Examples-- 21
1 The agency or the Minister must give notice of the considered 22
decision under section 34 or 58(2). 23
2 The considered decision is, and is taken always to have been, 24
potentially subject to internal review under section 52 or 60, in 25
addition to external review under part 5. 26
3 Any protection provided by this Act to a person or agency applies, 27
and is taken always to have applied, for acts or omissions in relation 28
to the considered decision. 29
`(3) However, the commissioner may continue to deal with an 30
application for review of a deemed decision made before the 31
commencement of this section despite there being a 32
considered decision when the application for review was 33
made. 34
`(4) Despite section 73(1)(d), if the deemed decision is taken to 35
have been made more than 28 days before the commencement 36
of this section, an application for review of the deemed 37
s 53 30 s 53
Judicial Remuneration Bill 2007
decision may be made, and is taken always to have been able 1
to be made, at any time. 2
`(5) To remove any doubt, it is declared that if the deemed 3
decision is taken to have been made not more than 28 days 4
before the commencement of this section, section 73(1)(d) 5
applies as if the reference in that section to written notice were 6
a reference to written notice under section 124(2). 7
`(6) To remove any doubt, it is also declared that-- 8
(a) the validity and effectiveness of a considered decision 9
made before the commencement of this section was not, 10
and is not, affected by any relevant lack of power to 11
make the considered decision; and 12
(b) a person or agency has, and is taken always to have had, 13
the same protection for acts or omissions in relation to a 14
considered decision made before the commencement of 15
this section as the person or agency would have had if 16
the considered decision were not affected by any 17
relevant lack of power; and 18
(c) any review of a considered decision made before the 19
commencement of this section was not, and is not, 20
affected by any lack of power to review the considered 21
decision because of any relevant lack of power to make 22
the considered decision; and 23
(d) a person or agency has, and is taken always to have had, 24
the same protection for acts or omissions in relation to a 25
review of a considered decision made before the 26
commencement of this section as the person or agency 27
would have had if the considered decision were not 28
affected by any relevant lack of power. 29
`(7) In this section-- 30
relevant lack of power means a lack of power because of 31
section 27(5) or 57(2).'. 32
s 54 31 s 54
Judicial Remuneration Bill 2007
Division 5 Amendment of other Acts 1
54 Acts amended in sch 1 2
Schedule 1 amends the Acts mentioned in it. 3
32
Judicial Remuneration Bill 2007
Schedule 1 Acts amended 1
section 54 2
Industrial Relations Act 1999 3
1 Section 342(6) and (7), before `287(10)'-- 4
insert-- 5
`section'. 6
2 Schedule 2, part 1, section 1(3), `fixed under the Judges 7
(Salaries and Allowances) Act 1967'-- 8
omit, insert-- 9
`provided for under the Judicial Remuneration Act 2007'. 10
3 Schedule 2, part 1, section 2(1), after `sections 2A'-- 11
insert-- 12
`, 2AA'. 13
4 Schedule 2, part 1, section 4B, `Judges (Salaries and 14
Allowances) Act 1967'-- 15
omit, insert-- 16
`Judicial Remuneration Act 2007'. 17
33
Judicial Remuneration Bill 2007
Schedule 1 (continued)
Industrial Relations Act and Other Legislation 1
Amendment Act 2007 (Amendment of Judicial Review 2
Act 1991) 3
1 Section 55, `42T(1)'-- 4
omit, insert-- 5
`42T'. 6
Industrial Relations Act and Other Legislation 7
Amendment Act 2007 (Amendment of Magistrates 8
Courts Act 1921) 9
2 Section 59, inserted section 42T(2) and inserted part 5A, 10
division 2, subdivision 7-- 11
omit. 12
3 Section 59, inserted section 42(T), `(1)'-- 13
omit. 14
Judges (Pensions and Long Leave) Act 1957 15
1 Section 2A, heading, after `service'-- 16
insert-- 17
`if previously an acting judge in Queensland'. 18
2 Section 2A, from `For' to `determining'-- 19
omit, insert-- 20
`For this Act, in deciding'. 21
34
Judicial Remuneration Bill 2007
Schedule 1 (continued)
3 After section 2A-- 1
insert-- 2
`2AA Length of service if previously a judge in a court of the 3
Commonwealth or another State 4
`(1) This section applies to a person appointed as a judge after the 5
commencement of this section. 6
`(2) For this Act, in deciding the length of service as a judge, 7
service as a judge, other than as an acting judge, in another 8
Australian court before the appointment is to be counted as 9
service as a judge. 10
`(3) This section does not limit the application of section 2A. 11
`(4) In this section-- 12
another Australian court means a court of the 13
Commonwealth or another State, other than a magistrates 14
court of the Commonwealth or the other State.'. 15
4 Section 2B(4), definitions applicable determination, 16
determination and Tribunal-- 17
omit. 18
5 Section 2B(4), definition latest notional salary package 19
amount, from `under'-- 20
omit, insert-- 21
`applicable under the Judicial Remuneration Act 2007.'. 22
6 Part 2, division 1-- 23
insert-- 24
`8C Service in other jurisdictions not counted 25
`A person is not entitled to be paid a pension under this Act 26
if-- 27
(a) the person's length of service as a judge for this Act 28
includes service as a judge in a court of the 29
35
Judicial Remuneration Bill 2007
Schedule 1 (continued)
Commonwealth or another State as mentioned in section 1
2AA(2); and 2
(b) in relation to the service as a judge in a court of the 3
Commonwealth or another State, the person is or will be 4
entitled to be paid a pension under another law.'. 5
7 After section 15-- 6
insert-- 7
`15A Rate of accrual of entitlement relating to a judge to whom 8
s 2AA applies if rate of accrual different to rate under s 15 9
`(1) This section applies to a judge to whom section 2AA applies. 10
`(2) In working out an entitlement under section 15 in relation to 11
the judge, the previous rate is to be used in relation to any 12
period of service as a judge of another Australian court that is 13
counted as service as a judge. 14
`(3) In this section-- 15
another Australian court means a court of the 16
Commonwealth or another State, other than a magistrates 17
court of the Commonwealth or the other State. 18
previous rate means the rate at which the judge, when a judge 19
of another Australian court, previously accrued an entitlement 20
to additional leave of absence (however described).'. 21
8 Section 18, `or Territory'-- 22
omit. 23
9 Section 18-- 24
insert-- 25
`(2) However subsection (1) does not apply to a judge if-- 26
(a) the judge is 65 years of age or more; or 27
(b) the service by the judge in the judicial office of the 28
Commonwealth or a State is limited service. 29
36
Judicial Remuneration Bill 2007
Schedule 1 (continued)
`(3) For subsection (2)(b), limited service is service under any of 1
the following-- 2
(a) an appointment to a judicial office if the period of 3
service is not for more than 6 months or, if there is more 4
than 1 period of service, the periods are not more than 6 5
months when aggregated in any financial year; 6
(b) an appointment to a judicial office if the remuneration 7
for the service under the appointment is based on the 8
actual hours for which, or days on which, the judicial 9
officer presides or sits; 10
(c) an appointment to a judicial office on a part-time basis if 11
the remuneration payable for the appointment is limited 12
to not more than 50% of the remuneration that would be 13
payable to a holder of the judicial office if it were an 14
appointment on a full-time basis. 15
`(4) A judge is taken to be appointed in a judicial office for a 16
period of no more than 6 months even if the judge continues 17
to be the judicial officer so far as it is necessary to give a 18
decision in a matter that is partly heard or standing for the 19
decision of the judicial officer at the end of the 6 months. 20
`(5) To remove any doubt, it is declared that the 21
Anti-Discrimination Act 1991 does not apply in relation to this 22
section or acts necessary to ensure compliance with this 23
section. 24
`(6) In this section-- 25
appointment includes an acting appointment.'. 26
10 Section 19, heading `Supreme Court of Queensland 27
Act'-- 28
omit, insert-- 29
`other Acts'. 30
37
Judicial Remuneration Bill 2007
Schedule 1 (continued)
11 Section 19, after `the'-- 1
insert-- 2
`Judicial Remuneration Act 2007 and the'. 3
12 Part 4, heading-- 4
omit, insert-- 5
`Part 4 Transitional provisions 6
`Division 1 Provision for the Statute Law 7
Revision Act (No. 2) 1995'. 8
13 After section 21-- 9
insert-- 10
`Division 2 Provision for the Judicial 11
Remuneration Act 2007, schedule 1 12
`22 Application of s 18 13
`(1) This section applies to a judge who, at the commencement of 14
this section, was serving for a period in a judicial office of the 15
Commonwealth or a State. 16
`(2) Section 18(2) to (6) does not apply to the judge in relation to 17
that service in the judicial office. 18
`(3) However, if the service stops and the judge subsequently 19
serves for another period in a judicial office of the 20
Commonwealth or a State, section 18 applies to the judge 21
even if the service is under an appointment to the same 22
judicial office.'. 23
38
Judicial Remuneration Bill 2007
Schedule 1 (continued)
Land Court Act 2000 1
1 Section 38-- 2
omit, insert-- 3
`38 Remuneration 4
`The salary and allowances of the president and other 5
members are provided for by the Judicial Remuneration Act 6
2007.'. 7
2 Section 40, `section 15, applies'-- 8
omit, insert-- 9
`sections 2AA, 8C, 15 and 15A, apply'. 10
Magistrates Act 1991 11
1 Section 6(1), `, at the request of the Chief Magistrate,'-- 12
omit. 13
2 Section 6-- 14
insert-- 15
`(1A) Before making a recommendation to the Governor in Council 16
about the appointment of a person to act as a magistrate, the 17
Minister must first consult with the Chief Magistrate.'. 18
3 Section 6-- 19
insert-- 20
`(5) In this section-- 21
retired magistrate means a person who ceases to be a 22
magistrate under section 42(a), (b) or (d).'. 23
39
Judicial Remuneration Bill 2007
Schedule 1 (continued)
4 Section 45(4), `Judges (Salaries and Allowances) Act 1
1967'-- 2
omit, insert-- 3
`Judicial Remuneration Act 2007'. 4
5 Section 47(1)(a)-- 5
omit, insert-- 6
`(a) salary provided for under the Judicial Remuneration Act 7
2007; and'. 8
Magistrates Courts Act 1921 9
1 Part 7-- 10
insert-- 11
`58 Regulation-making power 12
`The Governor in Council may make regulations under this 13
Act.'. 14
Public Service Act 1996 15
1 Section 11(1)(b)-- 16
omit, insert-- 17
`(b) the salary for the office is provided for under the 18
Judicial Remuneration Act 2007; or'. 19
40
Judicial Remuneration Bill 2007
Schedule 1 (continued)
Supreme Court of Queensland Act 1991 1
1 Section 44(d)-- 2
omit, insert-- 3
`(d) the Judicial Remuneration Act 2007.'. 4
2 Section 44A-- 5
omit. 6
3 Section 122-- 7
omit. 8
4 Schedule 1, section 9(e) and (f)-- 9
omit, insert-- 10
`(e) conciliation processes, including, for example, the 11
following-- 12
(i) experience and qualifications for approval, under 13
the Magistrates Courts Act 1921, section 42T, as a 14
conciliator; 15
(ii) the way a conciliator is to be appointed under the 16
Magistrates Courts Act 1921, section 42F; 17
(iii) time within which conciliation processes should be 18
finished; 19
(iv) requirements about recording an agreement under 20
the Magistrates Courts Act 1921, section 42M; 21
(v) requirements for parties to help conciliators; 22
(vi) ability of a conciliator to seek independent advice 23
or information; 24
(vii) appointment of a replacement conciliator; 25
(viii) abandonment of a conciliation process; 26
41
Judicial Remuneration Bill 2007
Schedule 1 (continued)
(ix) information to be contained in the register to be 1
kept under the Magistrates Courts Act 1921, 2
section 42X; 3
(x) form of a conciliation certificate; 4
(f) offers to settle and payments by defendants; 5
(g) the referral of cases to arbitration.'. 6
5 Schedule 1, section 9-- 7
insert-- 8
`(2) In this section-- 9
conciliation certificate means a certificate mentioned in the 10
Magistrates Courts Act 1921, section 42L. 11
conciliation process see the Magistrates Courts Act 1921, 12
section 42D. 13
conciliator see the Magistrates Courts Act 1921, section 2.'. 14
42
Judicial Remuneration Bill 2007
Schedule 2 Dictionary 1
section 4 2
benchmark amount means the amount that a Supreme Court 3
judge, other than the Chief Justice or the President of the 4
Court of Appeal, is entitled to be paid, as salary and 5
jurisprudential allowance, for a financial year. 6
Chief Judge means the person who, by commission, is 7
appointed as the Chief Judge of the District Court of 8
Queensland under the District Court of Queensland Act 1967, 9
section 10. 10
Chief Justice means the person who, by commission, is 11
appointed as the Chief Justice of Queensland under the 12
Supreme Court of Queensland Act 1991, section 12. 13
Chief Magistrate means a District Court judge or magistrate 14
who is appointed as the Chief Magistrate under the 15
Magistrates Act 1991, section 5(6). 16
commencement, for part 5, see section 32. 17
commissioner means a person appointed, by commission, as a 18
commissioner under the Industrial Relations Act 1999, 19
section 259. 20
current financial year, for part 5, see section 32. 21
Deputy Chief Magistrate means a magistrate appointed as the 22
Deputy Chief Magistrate under the Magistrates Act 1991, 23
section 5(7). 24
deputy president of the Industrial Commission means a 25
person appointed as a deputy president of the Industrial 26
Commission under the Industrial Relations Act 1999, section 27
258A. 28
education and conference allowance means the allowance 29
payable under section 20. 30
expense-of-office allowance means the allowance payable 31
under section 21. 32
43
Judicial Remuneration Bill 2007
Schedule 2 (continued)
Federal Court judge means a judge of the Federal Court of 1
Australia other than the Chief Justice of that court. 2
Industrial Commission means the Queensland Industrial 3
Relations Commission, continued in existence under the 4
Industrial Relations Act 1999, section 255. 5
Industrial Court means the Industrial Court of Queensland, 6
continued in existence under the Industrial Relations Act 7
1999, section 242. 8
judge of appeal means a person who, by commission, is 9
appointed as a judge of appeal under the Supreme Court of 10
Queensland Act 1991, section 33. 11
judicial office means any of the following offices-- 12
(a) Chief Justice; 13
(b) President of the Court of Appeal; 14
(c) Supreme Court judge, other than Chief Justice or 15
President of the Court of Appeal; 16
(d) Chief Judge; 17
(e) District Court judge, other than Chief Judge; 18
(f) President of the Land Court; 19
(g) member of the Land Court, other than President of the 20
Land Court; 21
(h) President of the Industrial Court; 22
(i) Vice President of the Industrial Commission; 23
(j) deputy president of the Industrial Commission; 24
(k) commissioner, other than a presidential member of the 25
Industrial Commission; 26
(l) Chief Magistrate; 27
(m) Deputy Chief Magistrate; 28
(n) magistrate, other than Chief Magistrate or Deputy Chief 29
Magistrate. 30
judicial officer means a person who holds a judicial office. 31
44
Judicial Remuneration Bill 2007
Schedule 2 (continued)
jurisprudential allowance means the allowance payable 1
under section 16. 2
long leave allowance means the allowance payable under 3
section 22. 4
member of the Land Court means a person appointed as a 5
member of the Land Court under the Land Court Act 2000. 6
new Act, for part 5, see section 32. 7
presidential member, in relation to the Industrial 8
Commission, means-- 9
(a) the President of the Industrial Court; or 10
(b) the Vice President of the Industrial Commission; or 11
(c) a deputy president of the Industrial Commission. 12
President of the Court of Appeal means the person who, by 13
commission, is appointed as the President of the Court of 14
Appeal under the Supreme Court of Queensland Act 1991, 15
section 36. 16
President of the Industrial Court means the person who, by 17
commission, is appointed as President of the Industrial Court 18
under the Industrial Relations Act 1991, section 243. 19
President of the Land Court means the person who, by 20
commission, is appointed as the President of the Land Court 21
under the Land Court Act 2000, section 16. 22
relevant allowance, for part 5, see section 32. 23
repealed Act, for part 5, see section 32. 24
salary, in relation to a Federal Court judge, means the salary 25
payable from time to time to the holders of that office under 26
the Federal Court of Australia Act 1976 (Cwlth), section 9. 27
Supreme Court judge means either of the following persons 28
whether or not the person is also a judge of appeal-- 29
(a) a person who, by commission, is appointed as a judge of 30
the Supreme Court under the Constitution of 31
Queensland 2001, section 59(1); 32
45
Judicial Remuneration Bill 2007
Schedule 2 (continued)
(b) a person who continues as a judge of the Supreme Court 1
under the Constitution of Queensland 2001, section 2
90(1). 3
Vice President of the Industrial Commission means the 4
person appointed as Vice President of the Industrial 5
Commission under the Industrial Relations Act 1999, section 6
258. 7
© State of Queensland 2007
AMENDMENTS TO BILL
1
Judicial Remuneration Bill 2007
Judicial Remuneration Bill 2007
Amendments agreed to during Consideration
1 Clause 6 (Chief Justice)
At page 7, line 17, `112.5%'--
omit, insert--
`113.2%'.
[Index] [Search] [Download] [Related Items] [Help]