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Judicial Remuneration Bill 2007
Judicial Remuneration Bill 2007
Explanatory Notes
Objectives of the Bill
The main objective of the Bill is to implement a simpler and more certain
system for the determination of judicial salaries and allowances which is
consistent with judicial independence and which will enhance national
consistency in judicial remuneration. This, in turn, will ensure that
Queensland continues to attract and retain judicial officers of the highest
quality.
The Bill also makes a number of miscellaneous amendments (which are
unrelated to judicial remuneration) to remedy gaps or clarify anomalies in
various other pieces of legislation. These include:
· Amendments to the Freedom of Information Act 1992 to allow
agencies to continue to deal with freedom of information
applications out of time;
· Minor amendments to the Magistrates Act 1991 regarding the
appointment of acting magistrates; and
· Minor, technical amendments to the Industrial Relations Act and
Other Legislation Amendment Act 2007 and the Supreme Court
of Queensland Act 1991 to achieve consistency between the
amendments to the Magistrates Courts Act 1921 dealing with
compulsory conciliation in the Industrial Relations Act and
Other Legislation Amendment Act 2007 and current legislative
provisions for other alternative dispute resolution processes.
Reasons for the Bill
Judicial Remuneration
Currently, salaries and allowances for judges, members of the Land Court
and members of the Queensland Industrial Relations Commission (QIRC)
are determined by the Salaries and Allowances Tribunal (SAT) established
under the Judges (Salaries and Allowances) Act 1967 (the JSAA). The SAT
also determines the salary of magistrates. Its determinations are
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Judicial Remuneration Bill 2007
subordinate legislation and become law unless disallowed by the
Legislative Assembly.
Under the JSSA, SAT must inquire into, and at intervals of not more than a
year, report to the Minister any changes that should be made to the rates of
salary and allowances payable to the judicial officers. Current practice is
for SAT to report annually following the consideration of submissions from
the judicial officers and the government. This is a time-consuming process
which delays the implementation of increases to salaries and allowances of
the relevant judicial officers.
While the SAT is an independent statutory tribunal, its determinations have
generally followed those of its federal counterpart, the Remuneration
Tribunal, which determines the salaries of federal judicial officers. As with
the SAT, its determinations are subordinate legislation and subject to
disallowance by the federal parliament.
The introduction of a system for determination of salaries and allowances
which ensures greater certainty and consistency between the salaries of the
Federal Court judges and judges of the Supreme Court of Queensland will
be an important factor in maintaining judicial independence and enhance
the capacity of the state to attract and retain high quality appointments to
judicial office.
Freedom of Information Act 1992
Under the Freedom of Information Act 1992, if the agency or Minister fails
to decide an application and notify the applicant within the required period
(generally 45 days), access to the document is taken to be refused. The
amendments to the Freedom of Information Act 1992 are intended to
support the administrative practice of agencies making decisions on
applications under the Act outside the required period.
Minor amendments to the Magistrates Act 1991, the Industrial Relations
Act and Other Legislation Amendment Act 2007, the Supreme Court of
Queensland Act 1991, and the Magistrates Court Act 1921.
Minor amendments are required to these statutes to remove anomalies and
ensure clarity in interpretation.
Achievement of the Objectives
Judicial Remuneration
The objectives are achieved by introducing a new system for the
determination of salaries and allowances which removes the need for annual
determinations by SAT and establishes a statutory nexus between the salary
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Judicial Remuneration Bill 2007
and jurisprudential allowance of a Supreme Court judge and the salary of a
Federal Court judge.
The Bill enshrines in the legislation all current internal relativities between
the salaries and allowances of relevant judicial officers and provides for all
current allowances to increase in accordance with the current applicable
methodology. This ensures that judicial salaries and allowances in the
state will be adjusted regularly against recognised benchmarks and that
salary increases for Federal Court judges will automatically flow through
to the state's judiciary.
This system, which is modelled on Victorian legislation, will enhance
national consistency in judicial remuneration and maintain judicial
independence by ensuring the determination of remuneration is
independent of the executive. This, in turn, will ensure that Queensland
continues to attract and retain high quality appointments to judicial office.
The Bill also makes amendments to the Judicial (Pension and Long Leave)
Act 1957 to achieve greater consistency between Queensland, the
Commonwealth, Victoria and New South Wales in relation to recognition
of prior judicial service in other jurisdictions for the purpose of long leave
and judicial pension entitlements.
The key features of the Bill are:
· repeal of the JSAA and dissolution of the SAT
· creation of a statutory nexus between the salary and jurisprudential
allowance of a Supreme Court judge and the salary of a Federal Court
judge
· establishment of the rates of salary of other judicial officers by
reference to the salary of a Supreme Court judge
· provision for the existing jurisprudential allowance for judges, Land
Court members, the President of the Industrial Court and the Vice
President of the Queensland Industrial Relations Commission
(QIRC), which will increase annually at the same rate as salary
· provision for the existing education and conference allowance for the
Deputy Presidents and members of the QIRC, to increase annually at
the same rate as salary
· provision for the existing expense of office allowance to increase
annually at the same rate as the Consumer Price Index (All Groups)
Brisbane (CPI)
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Judicial Remuneration Bill 2007
· provision for long leave allowance at its current rate of 2.86% of
salary
· recognition of prior judicial service in another jurisdiction for the
purpose of pension and long leave entitlements for judges appointed
after the commencement of the amendments.
Freedom of Information Act 1992
The Bill supports the administrative practice of agencies continuing to deal
with applications under the Freedom of Information Act 1992 outside the
requied period.
Estimated Cost for Government Implementation
The Bill is not expected to have any significant financial implications for
government.
Consistency with Fundamental Legislative Principles
Judicial Remuneration
The Legislative Standards Act 1992 (LSA), section 4(1) provides that
fundamental legislative principles (FLPs) are the principles relating to
legislation that underlie a parliamentary democracy based on the rule of
law. The LSA, section 4(2) provides FLPs include requiring that legislation
has sufficient regard to rights and liberties of individuals and the institution
of Parliament. Another principle that underlies a parliamentary democracy
based on the rule of law, but is not expressed in the LSA, section 4(2), is the
principle of the independence of the judiciary.
Currently, independence of the Queensland judiciary in relation to salary
and allowances is ensured by an independent statutory body making an
annual determination. The Bill changes the mechanism for setting salary
and allowances but, as with the current arrangements, maintains the
separation of the executive from the process. These changes enhance
judicial independence by removing procedural impediments to salary
setting and creating greater certainty in remuneration. In particular, the Bill
protects judicial salaries and allowances by providing they cannot be
decreased.
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Judicial Remuneration Bill 2007
Freedom of Information Act 1992
The amendments to the Freedom of Information Act 1992 include
transitional provisions to validate past decisions and to extend the
protection of the Act to agencies, Ministers and officers for applications
dealt with pre-commencement and out of time. This retrospectivity is
considered reasonable for past decisions made in good faith as review
rights were in practice recognised and requiring these decisions to be
remade would be administratively impractical and serve no purpose.
Consultation
The Chief Justice, the President of the Court of Appeal, the Chief Judge,
the Chief Magistrate, the President of the Land Court, the President of the
Industrial Court and the Vice-President of the Queensland Industrial
Relations Commission have been consulted on the new system for
determining judicial remuneration.
Notes on Provisions
Part 1 Preliminary
Clause 1 states the short title of the Act.
Clause 2 provides for commencement of the various provisions of the Act.
Clause 3 provides that the main purpose of the Act is to provide for the
salaries and allowances for judicial officers in a way that maintains judicial
independence, ensures that Queensland continues to attract and retain
judicial officers of the highest quality and is generally consistent with other
jurisdictions.
Clause 4 provides that the dictionary, defining key words and phrases, is in
Schedule 2.
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Judicial Remuneration Bill 2007
Part 2 Salaries generally and
jurisprudential allowances for
particular judicial officers
Clause 5 provides that a Supreme Court judge, other than the Chief Justice
or the President of the Court of Appeal, is entitled to be paid a salary and
jurisprudential allowance for a financial year which is equal to the salary
payable to a Federal Court judge for the financial year. The salary and
jurisprudential allowance of a Supreme Court judge is defined in the
dictionary as "the benchmark amount" which is used to establish
relativities with other judicial officers.
Clause 6 provides that the Chief Justice is entitled to be paid an amount
equal to 112.5% of the benchmark amount as salary and jurisprudential
allowance for a financial year.
Clause 7 provides that the President of the Court of Appeal is entitled to be
paid an amount as salary and jurisprudential allowance which is equal to
97.5% of the Chief Justice's salary and jurisprudential allowance for a
financial year.
Clause 8 provides that the Chief Judge is entitled to be paid an amount as
salary and jurisprudential allowance which is equal to the benchmark
amount for the financial year.
Clause 9 provides that a District Court judge, other than the Chief Judge, is
entitled to be paid an amount as salary and jurisprudential allowance which
is equal to 90 % of the benchmark amount for the financial year.
Clause 10 provides that the President of the Land Court is entitled to be
paid an amount as salary and jurisprudential allowance which is equal to
the benchmark amount for the financial year.
Clause 11 provides that a member of the Land Court, other than the
President of the Land Court, is entitled to be paid an amount as salary and
jurisprudential allowance which is equal to 90 % of the benchmark amount
for the financial year.
Clause 12 provides that the President of the Industrial Court, is entitled to
be paid an amount as salary and jurisprudential allowance which is equal to
the benchmark amount for the financial year. The Vice President of the
Queensland Industrial Relations Commission is entitled to be paid a salary
equal to 97 % of the salary of the President of the Industrial Court and a
jurisprudential allowance which is equal to the jurisprudential allowance of
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Judicial Remuneration Bill 2007
a District Court judge for the financial year. A deputy president of the
Commission is entitled to be paid a salary equal to 90 % of the salary of the
President of the Industrial Court for the financial year.
Clause 13 provides that a commissioner, other than a presidential member
of the commission, is entitled to be paid a salary equal to 85 % of the salary
of the president of the Industrial Court for the financial year.
Clause 14 provides that the Chief Magistrate is entitled to be paid a salary
that is 85.5 % of the benchmark amount for the financial year. This does
not apply if the Chief Magistrate is a District Court judge. The Deputy
Chief Magistrate is entitled to be paid a salary that is midway between the
salary of a Chief Magistrate (who is not a District Court judge) and a
magistrate (other than the Chief Magistrate and Deputy Chief Magistrate).
Clause 15 provides that a magistrate, other than the Chief Magistrate or
Deputy Chief Magistrate, is entitled to be paid a salary that is 78.7 % of the
benchmark amount for the financial year.
Part 3 Allowances for particular judicial
officers
Clause 16 provides for the jurisprudential allowance which is payable to
certain judicial officers as mentioned in Part 2. Subsection (3) provides that
the jurisprudential allowance increases at the same rate as salary for the
financial year.
Clause 17 provides that a judicial officer may be paid jurisprudential
allowance to reimburse vouched or estimated expenses (which must be
acquitted) for self education . The cost of self education includes the cost
of a spouse accompanying the judicial officer. If any of the allowance for a
financial year is not used in that year it can be drawn on in a later year but
cannot accumulate for more than seven years after the end of the financial
year to which it relates.
Clause 18 provides that a judicial officer may elect to be paid part or all of
his or her jurisprudential allowance as salary.
Clause 19 provides that a judicial officer may elect to be paid part or all of
his or her jurisprudential allowance as a lump sum. However, the
allowance cannot be paid as a lump sum, including on retirement or
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Judicial Remuneration Bill 2007
resignation, after the end of seven years after the financial year to which it
relates.
Clause 20 provides for the education and conference allowance which is
payable to a deputy president of the Queensland Industrial Relations
Commission and non- presidential commissioners. The purpose is similar
to the jurisprudential allowance in that it may be drawn on to reimburse
vouched or estimated expenses (which must be acquitted) incurred during
the financial year for the cost of self-education. The allowance is not
payable as salary or a lump sum and can only be used for the judicial
officer's own expenses.
Clause 21 provides for the expense-of-office allowance that is payable to
specified judicial officers. The expense of office allowance increases each
year in accordance with the increase in the CPI (All Groups) Brisbane for
the preceding financial year. If the increase is worked out after the start of
the year it must be backdated to the start. The allowance can only be used
to reimburse vouched expenses for purposes specified in subsection (5).
Any unused allowance may be drawn on in later years but is never payable
as salary or a lump sum.
Clause 22 provides for the long leave allowance payable to particular
judicial officers. The allowance for a financial year is 2.86 % of the amount
of salary to which the relevant officer is entitled for the year and paid on a
pro rata basis at the same time as salary.
Part 4 General provisions
Clause 23 provides for the appropriation of money from the consolidated
fund for payment of salaries and allowances under the Act and for payment
of judicial pensions under the determination referred to in section 26.
Clause 24 states that the total amount of salary and allowances payable to a
judicial officer for a financial year under this Act cannot be decreased in
any subsequent year.
Clause 25 states when an adjustment to the salary and allowances of a
judicial officer will take effect. Under the Commonwealth Remuneration
Tribunal Act 1973 an adjustment to the salary of a Federal Court Judge
takes effect on either the day after the last day on which either House of
Parliament could have passed a resolution disapproving the determination
or the date specified as the commencement date in the determination,
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Judicial Remuneration Bill 2007
whichever is the later. Under the Act, the adjustment to the salary of
relevant Queensland judicial officers will take effect at the same time.
However, as with federal judges, the relevant Queensland officers will also
be entitled to receive the difference between the amount they were actually
paid and the amount they would have received if the adjustment had taken
effect on the date specified in the determination.
Clause 26 maintains the current entitlements of the pre-1997 judges of
appeal to judicial pensions. The remuneration, including the judicial
pensions, of pre-1997 judges were the subject of special Governor in
Council determinations in 1991. The determinations were authorised under
section 122 of the Supreme Court of Queensland Act 1991 which is
repealed by this Act. This provision ensures that the current arrangements
in relation to these judges is maintained.
Clause 27 provides that the Governor in Council must publish adjustments
to the salary and allowances of judicial officers by gazette notice. This is
similar to a requirement in the Constitution of Queensland 2001 in relation
to the publication of salaries of members of Parliament.
Clause 28 ensures that if a person holds office for only part of a financial
year, the salary and allowances payable to the officer are reduced
accordingly.
Clause 29 relates to the elections that judicial officers make to receive
jurisprudential allowance as salary or lump sum payments. The section
provides that written notice to the relevant chief executive is evidence of
the election.
Clause 30 provides for the possibility that the Consumer Price Index (All
Groups) Brisbane may be discontinued, changed or substantially varied.
The section provides that if this happens another index nominated by the
Australian Statistician as appropriate for measuring the variation in the cost
of living in Brisbane can be used. The increase in the CPI is used to set
increases in expense-of-office allowance.
Clause 31 provides that the Governor in Council may make regulations
under this Act.
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Judicial Remuneration Bill 2007
Part 5 Repeal, transitional and other
provisions
Division 1 Definitions
Clause 32 defines words and phrases for the purposes of Part 5.
Division 2 Repeal and Related provisions
Clause 33 repeals the Judges (Salaries and Allowances) Act 1967. The
section also dissolves the Salaries and Allowances Tribunal and provides
that no compensation is payable to the members who go out of office. The
section ensures that no liability attaches to members for non-compliance
with the requirement under the repealed Act to inquire and report changes
to salaries and allowances at intervals of not more than a year.
Clause 34 makes it clear that allowances which under the previous
arrangements would have accrued for use after 1 July 2007 continue to be
payable under this Act. This would apply where, for example, an officer
did not use the whole of his or her jurisprudential allowance which under
existing arrangements can accumulate for up to seven years. The section
makes it clear that if SAT makes a determination which has not been
gazetted before the Act commences, the determination will not be effective
and need not be gazetted or tabled.
Clause 35 ensures that a previous election by a judicial officer to take
jurisprudential allowance as salary continues to be effective and the officer
does not have to make a further election under the Act.
Clause 36 provides that a reference to the Judges (Salaries and
Allowances) Act 1967 in an Act or document may be taken as a reference to
this Act if the context permits.
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Judicial Remuneration Bill 2007
Division 3 Provisions relating to the current
financial year
Clause 37 provides that the purpose of this division is to provide for the
application of the Act to the payment of amounts for the financial year
starting 1 July 2007.
Clause 38 makes it clear that the salaries and allowance payable to judicial
officers for the financial year starting 1 July 2007 are to be worked out
under this Act on the commencement of the section, and again, whenever
any increase to the salary of Federal Court judge takes effect during the
financial year.
Clause 39 sets out how the first increase in jurisprudential allowance and
education and conference allowance is to be calculated. Both these
allowances increase at the same rate as salary. Accordingly, the rate of
increase is worked out by comparing the salary under the new Act to the
previous salary payable to the judicial officer.
Clause 40 sets out the allowances payable to the relevant judicial officers
before the commencement of the Act. These are the amounts set in the
Salaries and Allowances Tribunal Determination (No 1) 2007.
Clause 41 sets out the amount of the expense of office allowance payable to
the relevant judicial officers after the commencement of the Act for the
financial year 20072008. This has been calculated by increasing the
allowance by the increase in the Consumer Price Index ( All Groups)
Brisbane for the year 2006 -2007.
Division 4 Amendment of Freedom of
Information Act 1992
Clause 42 provides that the division amends the Freedom of Information
Act 1992.
Clause 43 applies if an agency or Minister has failed to make a decision on
an application within the period required under the Act and is taken under
section 27(5) to have refused access to a document. New section 27(5A)
provides that the applicant must be given notice of that decision and related
review rights and procedures.
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Judicial Remuneration Bill 2007
Clause 44 inserts new section 27B. It provides that an agency or Minister
may, before or after the expiry of the period required for deciding an
application for access to a document, ask the applicant for a further
specified period to consider the application and make a decision in relation
to it. It authorises the agency or Minister to continue to consider the
application and make a decision on it until informed of an application for
review. It clarifies the right to apply for review after access to a document
is taken to have been refused.
Clause 45 clarifies that a notice does not need to be given under section 34
when access to a document is taken to have been refused. Notice will
instead be given under new section 27(5A).
Clause 46 provides, as for clause 43, in relation to applications for the
amendment of information.
Clause 47 inserts new section 57A. It provides, as for new section 27B
(clause 44), in relation to applications for the amendment of information.
Clause 48 clarifies that a notice does not need to be given under section 34
when a decision is taken to be made under section 57(2). Notice will
instead be given under new section 57(3).
Clause 49 provides for the commissioner to notify the agency or Minister
upon receiving an application for the review of a decision taken to be made
under section 27(5) or 57(2)
Clause 50 provides for an amendment of a drafting nature.
Clause 51 provides for amendments of a drafting nature.
Clause 52 inserts a new division heading in place of a part heading.
Clause 53 inserts a new division in relation to applications for which
decisions are taken to have been made under sections 27(5) and 57(2)
before commencement. New section 124 requires such decisions made
within 28 days before commencement to be notified to the applicant.
Section 125 provides that an agency or Minister may, and is taken always
to have been able to, continue to consider the applications and make
decisions in relation to them. It clarifies the right of applicants to apply for
review of pre-commencement decisions taken to have been made under
sections 27(5) and 57(2). It clarifies the validity and effectiveness of stated
past decisions and reviews and the protection of persons and agencies in
relation to those decisions and reviews.
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Judicial Remuneration Bill 2007
Division 5 Amendment of other Acts
Clause 54 states that Schedule 1 amends the Acts mentioned in it.
Schedule 1- Acts Amended
Industrial Relations Act 1999
Item 1 corrects a drafting error by inserting the word "section" in sections
342(6) and (7).
Item 2 replaces a reference in Schedule 2, Part 1, section 1(3) to the Judges
(Salaries and Allowances) Act 1967 with a reference to the Judicial
Remuneration Act 2007.
Item 3 amends Schedule 2, part 1, section 2(1) to ensure that the provisions
providing for prior recognition of service as a judge in another Australian
jurisdiction do not apply to the members of the QIRC.
Item 4 amends Schedule 2, part 1, section 4B by replacing a reference to
the Judges (Salaries and Allowances) Act 1967 with a reference to the
Judicial Remuneration Act 2007.
Industrial Relations Act And Other Legislation Amendment Act
2007 (Amendment Of Judicial Review Act 1991)
Item 1 amends section 55 in part 5 of the Industrial Relations Act and
Other Legislation Amendment Act 2007. Part 5 contains amendments to
the Judicial Review Act 1991 to exclude decisions made by the Chief
Magistrate under section 42T(1) of the Magistrates Courts Act 1921 to
approve or refuse to approve a person as a conciliator and also under
section 42U(1) to revoke approval of a person as a conciliator from review
under the Judicial Review Act 1991. The amendment in item 1 replaces the
reference to section 42T(1) of the Magistrates Courts Act 1921 in section
55 with a reference to section 42T consequential to the amendments in
items 2 and 3.
Industrial Relations Act And Other Legislation Amendment Act
2007 (Amendment Of Magistrates Courts Act 1921)
Item 2 omits section 42T(2) and subdivision 7 of division 2, part 5A of the
Magistrates Courts Act 1921 which will be inserted by the Industrial
Relations Act and Other Legislation Amendment Bill 2007. The
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Judicial Remuneration Bill 2007
amendment is designed to ensure consistency between the new provisions
in the Magistrates Courts Act 1921 dealing with conciliation processes for
employment claims and similar provisions in the Magistrates Courts Act
for alternative dispute resolution processes.
Item 3 is a consequential renumbering as a result of the amendment in Item
2.
Judges (Pensions And Long Leave) Act 1957
Item 1 amends the heading for section 2A to make it clear this section only
applies to the calculation of length of service where a judge has previously
been an acting judge in Queensland. The clarification is necessary because
of the insertion of a new section 2AB which deals with length of service
where a judge has previously been a judge in a court of the Commonwealth
or another State.
Item 2 amends section 2A so that it is consistent with modern drafting
style.
Item 3 inserts a new section 2AA which provides that prior service as a
judge in a court of the Commonwealth or another State is to be included in
calculating the length of service of a person appointed as a judge after the
commencement of the Act. Prior service as an acting judge in another
jurisdiction is not counted. Length of service is relevant in the
determination of long leave and judicial pension entitlements.
Item 4 removes the definitions of "applicable determination"
"determination" and "Tribunal" from section 2B(4). Section 2B(4)
provides for the calculation of the notional salary of judges who died or
retired before the 1984 amendment Act. The definitions are otiose because
they include references to determinations made by the Salaries and
Allowances Tribunal under the Judges (Salaries and Allowances) Act 1967.
Item 5 amends the definition of "latest notional salary package amount" to
take account of the fact that determinations of salaries will be made under
the Judicial Remuneration Act 2007.
Item 6 inserts a new section 8C which provides that if a judicial officer is
entitled to a pension because of prior service in another jurisdiction the
officer will not be entitled to a judicial pension under the Judges (Pension
and Long Leave) Act 1957. This will prevent any possible "double-
dipping" as a result of the recognition of prior judicial service.
Item 7 inserts a new section 15A which provides for how prior judicial
service in another jurisdiction is applied in the calculation of long leave
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Judicial Remuneration Bill 2007
entitlements. If the entitlement to long leave accrued at a different rate in
the prior jurisdiction that prior rate will be applied to the period served in
that prior jurisdiction.
Item 8 amends section 18 to take account of current drafting practice.
Under section 36 of the Acts, interpretation Act, "State" includes
"Territories".
Item 9 inserts a new subsection (2) into section 18 to provide for
circumstances where subsection (1) will not apply. These are where the
judge is 65 years or more or the post-retirement service is "limited service"
as defined in subsection (3).
Item 10 amends the heading to section 19 to take account of the
amendment to section 19 to include a reference to the Judicial
Remuneration Act 2007.
Item 11 amends section 19 to provide that this Act is also subject to the
Judicial Remuneration Act 2007. This is necessary because certain
determinations made under section 122 of the Supreme Court of
Queensland Act 1991 (which is repealed by this Act) are preserved under
the Judicial Remuneration Act.
Item 12 replaces the heading for Part 4 which contains transitional
provisions.
Item 13 inserts Division 2 which sets out the transitional arrangements in
relation to section 18. It provides that section 18(2) to 18(6) do not apply to
post-retirement work that a retired judge may already be engaged in when
the section commences. However, when that service ends any subsequent
service by the judge will be subject to sections 18(2) to 18(6).
Land Court Act 2000
Item 1 replaces section 38 to take account of the fact that the remuneration
of the President and members of the Land Court will be decided under the
Judicial Remuneration Act 2007.
Item 2 amends section 40 which applies the Judges (Pensions and Long
Leave) Act 1957 to the members of the Land Court. The amendment
ensures that provisions allowing recognition of prior service for the
purposes of calculating pension entitlements do not apply to Land Court
members.
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Judicial Remuneration Bill 2007
Magistrates Act 1991
Items 1 and 2 will give the Governor in Council (and not the Governor in
Council at the request of the Chief Magistrate as is currently the case) the
discretion to appoint an acting Magistrate. The amendment further
provides that the Minister must first consult with the Chief Magistrate
about the appointment of an acting Magistrate before making a
recommendation to the Governor in Council. This amendment aligns the
provisions for the appointment of Magistrates and acting Magistrates in
sections 5 and 6 of the Magistrates Act 1991.
Item 3 clarifies that a retired magistrate who can be appointed an acting
magistrate means a person who:
· has resigned pursuant to section 42(a) of the Magistrates Act 1991 and
therefore ceases to be a magistrate under that section; or
· having attained age 55, has taken early retirement pursuant to section
42(b) of the Magistrates Act 1991 and therefore ceases to be a
magistrate under that section; or
· has attained age 65 and therefore ceases to be a magistrate under
section 42(d) of the Magistrates Act 1991.
Item 4 replaces a reference to the Judges (Salaries and Allowances) Act
1967 in section 45(4) with a reference to the Judicial Remuneration Act
2007.
Item 5 replaces a reference to the Judges (Salaries and Allowances) Act
1967 in section 47(1)(a) with a reference to the Judicial Remuneration Act
2007.
Magistrates Court Act 1921
Item 1 gives the Governor in Council power to make regulations for the
purposes of the Magistrates Court Act 1921. This general regulation-
making power will allow regulations to be made for section
42B(1)(a)(ii)(A) in the new Part 5A of the Act relating to processes for
employment claims. Part 5A commences on 1 January 2008.
Public Service Act 1996
Item 1 replaces a reference to the Judges (Salaries and Allowances) Act
1967 in section 11(1)(b) with a reference to the Judicial Remuneration Act
2007.
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Judicial Remuneration Bill 2007
Supreme Court Of Queensland Act 1991
Item 1 replaces section 44(d) to take account of the fact that the
remuneration of the President of the Court of Appeal and judges of appeal
will be decided under the Judicial Remuneration Act 2007.
Item 2 omits section 44A which provides that the judges of appeal, other
than the President of the Court of Appeal, are entitled to the same
remuneration and conditions of a judge of the Trial Division. This is
because this is now provided for under the Judicial Remuneration Act
2007.
Item 3 omits section 122 which authorised the Governor in Council to
make determinations relating to the pre-1997 judges of appeal. All of the
pre-1997 judges have now retired. The new section 26 of the Judicial
Remuneration Act 2007 continues the 1991 determinations relating to
pension entitlements.
Item 4 amends section 9 of schedule 1 of the Supreme Court of Queensland
Act 1991 to insert a specific rule-making power for conciliation processes.
Compulsory conciliation will be introduced under the new employment
claims processes for the Magistrates Courts from 1 January 2008 through
amendments in Industrial Relations Act and Other Legislation Amendment
Act 2007. The new rule-making power is based on the power currently
provided for other alternative dispute resolution processes in section 9(d)
of schedule 1 of the Supreme Court of Queensland Act 1991.
Item 5 defines relevant terms used in the provisions inserted by Item 4.
Schedule 2- Dictionary
Schedule 2 defines key words and phrases in the Act.
© State of Queensland 2007