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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Judicial Remuneration Tribunal (Amendment) Act
2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. New definitions 2
5. Membership of Judicial Remuneration Tribunal 4
6. Section 11 substituted and new section 11A inserted 4
11. Functions of the Tribunal 5
11A. Advisory opinions 6
7. Factors to be considered by Tribunal 7
8. Section 13 substituted 8
13. Reports 8
9. Section 14 substituted and new section 14A inserted 8
14. Tabling before Parliament 9
14A. Disallowance by Parliament of determination 9
10. Certificates 9
11. New section 16 inserted 10
16. When do determinations take effect? 10
12. Consequential amendments to other Acts 10
ENDNOTES 13
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PARLIAMENT OF VICTORIA
Initiated in Assembly 17 October 2001
A BILL
to amend the Judicial Remuneration Tribunal Act 1995 to provide
for various matters relating to the membership of the Judicial
Remuneration Tribunal and the functions and procedures of the
Judicial Remuneration Tribunal and for other purposes.
Judicial Remuneration Tribunal
(Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Judicial Remuneration Tribunal Act 1995 to
provide for matters relating to--
5 (a) the membership of the Judicial
Remuneration Tribunal; and
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Judicial Remuneration Tribunal (Amendment) Act 2001
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Act No.
(b) the functions and procedures of the Judicial
Remuneration Tribunal.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
5 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2002, it comes into
operation on that day.
3. Principal Act
See:
10 In this Act, the Judicial Remuneration Tribunal Act No.
Act 1995 is called the Principal Act. 22/1995
and
amending
Act Nos
46/1998 and
1/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
4. New definitions
In section 3 of the Principal Act, insert the
following definitions--
15 ' "advisory opinion" means an advisory opinion
of the Tribunal given under section 11A;
"determination" means--
(a) a determination of the Tribunal in
relation to salaries and allowances of
20 holders of an office (including
adjustments of salaries and allowances)
made under section 11(1)(a);
(b) a determination of the Tribunal in
relation to remuneration of acting
25 magistrates (including adjustments of
remuneration) made under section
11(1)(b);
"holder of an office" means--
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Judicial Remuneration Tribunal (Amendment) Act 2001
s. 4
Act No.
(a) the Chief Justice of the Supreme Court;
(b) the President of the Court of Appeal;
(c) the Judges of the Court of Appeal, other
than the Chief Justice and the
5 President;
(d) the Judges of the Supreme Court, other
than the Judges referred to in
paragraphs (a), (b) and (c);
(e) the Chief Judge of the County Court;
10 (f) the Judges of the County Court, other
than the Chief Judge;
(g) the Chief Magistrate;
(h) the Deputy Chief Magistrates;
(i) the Magistrates, other than the Chief
15 Magistrate and Deputy Chief
Magistrates;
(j) the Masters of the Supreme Court;
(k) the Masters of the County Court;
(l) the State Coroner;
20 (m) the Deputy State Coroner;
(n) the Deputy Presidents, Senior Members
and Ordinary Members (whether full-
time, part-time or sessional) of the
Victorian Civil and Administrative
25 Tribunal established under the
Victorian Civil and Administrative
Tribunal Act 1998;
(o) if another Act provides that the
Tribunal is to make determinations on
30 the salary or allowances for a particular
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Judicial Remuneration Tribunal (Amendment) Act 2001
s. 5
6
Act No.
office or recommendations in relation
to the conditions of service for a
particular office, the holder of that
office;
5 "recommendation" means a recommendation of
the Tribunal in relation to conditions of
service of holders of an office or acting
magistrates made under section 11(1)(c);'.
5. Membership of Judicial Remuneration Tribunal
10 In section 4 of the Principal Act, for sub-section
(3) substitute--
"(3) The following persons are not eligible for
appointment as a member--
(a) a person who is, or who has been--
15 (i) the holder of a judicial office in
Victoria; or
(ii) the holder of a Commonwealth
judicial office; or
(iii) the holder of a judicial office in
20 any other State or Territory of the
Commonwealth;
(b) a person who holds an office or place of
profit under the Crown, including a
person employed under Part 3 of the
25 Public Sector Management and
Employment Act 1998.
(4) Despite sub-section (3)(b), the
Commissioner for Public Employment
within the meaning of the Public Sector
30 Management and Employment Act 1998 is
eligible for appointment as a member.".
6. Section 11 substituted and new section 11A inserted
For section 11 of the Principal Act substitute--
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Judicial Remuneration Tribunal (Amendment) Act 2001
Act No.
"11. Functions of the Tribunal
(1) The Tribunal has the following functions--
(a) to make determinations in relation to
salaries and allowances of holders of an
5 office, including adjustments of salaries
and allowances;
(b) to make determinations in relation to
the remuneration of acting magistrates,
including adjustments of remuneration;
10 (c) to make recommendations to the
Attorney-General or, if an Order under
sub-section (2) is in force, the relevant
Minister, in relation to the following
conditions of service of holders of an
15 office and acting magistrates--
(i) leave, including annual leave, sick
leave, parental leave and special
leave;
(ii) long service leave, including long
20 leave and sabbatical leave;
(iii) travelling entitlements and
travelling and subsistence
allowances;
(iv) reimbursement of work related
25 expenses;
(v) provision of motor vehicles for
private use;
(vi) pensions, including any aspect of
remuneration beyond salary that
30 should be treated as pensionable;
(vii) superannuation and associated
issues, including disability
benefits and recognition of prior
service;
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(d) any other function conferred on it under
this Act or any other Act.
(2) If the Governor in Council, by Order
published in the Government Gazette,
5 declares that the Tribunal is to make
determinations in relation to salaries and
allowances (including adjustments of salaries
and allowances) and make recommendations
in relation to the conditions of service for the
10 members of a tribunal established under
another Act, the Tribunal may make
determinations in relation to salaries and
allowances (including adjustments of salaries
and allowances) and make recommendations
15 in relation to the conditions of service of
those members of that tribunal to the
Minister administering that Act.
11A. Advisory opinions
(1) The Attorney-General may refer any matter
20 relating to salaries, allowances or conditions
of service of holders of an office to the
Tribunal for an advisory opinion.
(2) The Attorney-General may refer any matter
relating to the remuneration or conditions of
25 service of acting magistrates to the Tribunal
for an advisory opinion.
(3) If an Order under section 11(2) is in force,
the Minister administering the Act under
which the tribunal is established may refer
30 any matter relating to salaries, allowances or
conditions of service of the members of that
tribunal to the Tribunal for an advisory
opinion.
(4) The Tribunal may inquire into and report to
35 the Attorney-General or the relevant
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Minister (as the case requires) on any matter
referred to it under this section.".
7. Factors to be considered by Tribunal
In section 12 of the Principal Act, after sub-
5 section (1) insert--
"(1A) In making a determination or
recommendation or giving an advisory
opinion, the Tribunal must consider the
following--
10 (a) the importance of the judicial function
to the community;
(b) the need to maintain the judiciary's
standing in the community;
(c) the need to attract and retain suitably
15 qualified candidates to judicial office;
(d) movements in judicial remuneration
levels in other Australian jurisdictions;
(e) movements in the following
indicators--
20 (i) the Consumer Price Index;
(ii) average weekly ordinary time
earnings;
(iii) executive salaries, including those
of executives within the meaning
25 of the Public Sector
Management and Employment
Act 1998 in the Victorian public
service;
(f) improvements in operational efficiency;
30 (g) work value changes;
(h) factors relevant to Victoria, including--
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(i) current public sector wages
policy;
(ii) Victoria's economic
circumstances;
5 (iii) the capacity of the State to meet a
proposed increase in judicial
salaries, allowances or conditions
of service;
(iv) any other relevant local factors;
10 (i) relativities between Victorian courts
and tribunals.".
8. Section 13 substituted
For section 13 of the Principal Act substitute--
"13. Reports
15 (1) In the case of a determination or
recommendation, the Tribunal must report to
the Attorney-General, or if an Order under
section 11(2) is in force, the relevant
Minister, at intervals of not less than one
20 year and not more than 2 years.
(2) The Attorney-General or, if an Order under
section 11(2) is in force, the relevant
Minister, must ensure that a report of a
determination or recommendation is
25 published in the Government Gazette within
21 days of receipt of that report by the
Attorney-General or Minister.".
9. Section 14 substituted and new section 14A inserted
For section 14 of the Principal Act substitute--
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"14. Tabling before Parliament
(1) The Attorney-General or other relevant
Minister (as the case requires) must cause a
copy of a report of a determination or
5 recommendation to be laid before each
House of the Parliament within 10 sitting
days after the Attorney-General or other
Minister receives the report.
(2) If the Attorney-General or other Minister
10 intends to vary or not accept a
recommendation, the Attorney-General or
other Minister must cause a statement to be
made to the Parliament within 10 sitting days
after the tabling of the report containing the
15 recommendation giving reasons for varying
or not accepting the recommendation.
14A. Disallowance by Parliament of
determination
(1) A determination may be disallowed by
20 resolution of a House of the Parliament
within 15 sitting days after the report
containing the determination is tabled under
section 14.
(2) If a determination is not disallowed under
25 sub-section (1), the Attorney-General or, if
an Order is in force under section 11(2), the
relevant Minister, must give effect to the
determination.".
30 10. Certificates
(1) In section 15 of the Principal Act, for sub-section
(1) substitute--
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"(1) The Attorney-General or other Minister, as
the case requires, must issue a certificate--
(a) in the case of a report containing a
recommendation, authorising the
5 adjustment of conditions of service of
holders of an office or acting
magistrates in accordance with that
report, except so far as the Attorney-
General or other Minister varies or does
10 not accept the recommendation; and
(b) in the case of a report which is an
advisory opinion which the Attorney-
General or other Minister has accepted,
authorising the adjustment of salary and
15 allowances or salary or allowances of
holders of an office or remuneration, in
the case of acting magistrates, in
accordance with that report.".
(2) In section 15(2) of the Principal Act, after
20 "remuneration" insert "or conditions of service".
11. New section 16 inserted
After section 15 of the Principal Act insert--
"16. When do determinations take effect?
A determination which has not been
25 disallowed under section 14A takes effect in
accordance with the terms of the
determination at the end of the period
specified in that section for disallowance.".
12. Consequential amendments to other Acts
30 (1) In the Constitution Act 1975--
(a) in section 82--
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(i) in sub-sections (1) and (2), for
"certified to by the Attorney-General"
substitute "or a determination";
(ii) in sub-sections (1A), (1B) and (3), for
5 "certified by the Attorney-General"
(wherever occurring) substitute "or a
determination";
(b) in section 83A, for "certified by the
Attorney-General" (wherever occurring)
10 substitute "or a determination".
(2) In section 9(1) of the Coroners Act 1985, for
"certified by the Attorney-General" substitute "or
a determination".
(3) In the County Court Act 1958--
15 (a) in section 10(1) and (2) for "certified to by
the Attorney-General" substitute "or a
determination";
(b) in section 10(3)(b) for "certified by the
Attorney-General" substitute "or a
20 determination";
(c) in section 17AA(1) and (2), for "certified by
the Attorney-General" substitute "or a
determination".
(4) In Schedule 1 to the Magistrates' Court Act
25 1989--
(a) in clauses 1, 2 and 3, for "certified to by the
Attorney-General" substitute "or a
determination";
(b) in clause 4(b) for "certified by the Attorney-
30 General" substitute "or a determination";
(c) in clause 11(b) for "certified by the
Attorney-General" substitute "or a
determination".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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