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PARLIAMENT OF VICTORIA
Judicial Salaries Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--SALARIES AND ALLOWANCES OF JUDICIAL
OFFICERS AND REMUNERATION OF ACTING MAGISTRATES 3
4. Salaries of judicial officers and remuneration of acting
magistrates (20042005) 3
5. Salaries of Supreme Court Judges (2005 onwards) 5
6. Salaries of other judicial officers and remuneration of acting
magistrates (2005 onwards) 7
7. Allowances of judicial officers 8
PART 3--AMENDMENT OF JUDICIAL REMUNERATION
TRIBUNAL ACT 1995 9
8. New section 1 substituted 9
1. Purpose 9
9. Definitions 9
10. Functions of the Tribunal 9
11. Repeal of references to determinations and certain
recommendations 10
PART 4--CONSEQUENTIAL AMENDMENTS 12
12. Salaries and allowances of Judges and masters of the Supreme
Court 12
13. Salaries and allowances of judges and masters of the County
Court 13
14. Salaries and allowances of magistrates and remuneration of
acting magistrates 14
ENDNOTES 16
i
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 11 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to remove the function of the Judicial Remuneration Tribunal to make
determinations in relation to the salaries and allowances of judicial
officers and the remuneration of acting magistrates and make fresh
provision with respect to such salaries, allowances and remuneration,
to amend the Judicial Remuneration Tribunal Act 1995 and make
consequential amendments to the Constitution Act 1975, the County
Court Act 1958 and the Magistrates' Court Act 1989 and for other
purposes.
Judicial Salaries Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to remove the function
of the Judicial Remuneration Tribunal to make
1
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 1--Preliminary
s. 2
determinations in relation to the salaries and
allowances of judicial officers and the
remuneration of acting magistrates and make fresh
provision with respect to such salaries, allowances
Victorian Legislation Parliamentary Documents
and remuneration.
5
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
In this Act--
10
"Federal Court Judge" means a Judge of the
Federal Court of Australia other than the
Chief Justice of that Court;
"Federal Remuneration Tribunal" means the
Remuneration Tribunal established by
15
section 4(1) of the Remuneration Tribunal
Act 1973 of the Commonwealth;
"General Supreme Court Master" means a
Master of the Supreme Court other than the
Senior Master, the Registrar of the Court of
20
Appeal or a Specialist Supreme Court
Master;
"Supreme Court Judge" means a Judge of the
Supreme Court other than the Chief Justice,
the President of the Court of Appeal or the
25
other Judges of Appeal;
"salary", in relation to a Federal Court Judge,
means the salary payable from time to time
to that Judge under section 9 of the Federal
Court of Australia Act 1976 of the
30
Commonwealth.
__________________
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551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 2--Salaries and Allowances of Judicial Officers and Remuneration of
s. 4
Acting Magistrates
PART 2--SALARIES AND ALLOWANCES OF JUDICIAL
OFFICERS AND REMUNERATION OF ACTING
MAGISTRATES
Victorian Legislation Parliamentary Documents
4. Salaries of judicial officers and remuneration of
acting magistrates (20042005)
5
(1) The holder of a judicial office specified in
column 1 of the Table is entitled to be paid a
salary--
(a) at the annual rate specified in column 2 of
the Table with effect on and from 11 May
10
2004; and
(b) at the annual rate specified in column 3 of
the Table with effect on and from 1 July
2004.
Table
Column 1 Column 2 Column 3
Judicial Office 11 May 2004 1 July 2004
Chief Justice of $264 000 $272 000
the Supreme Court
President of the $249 000 $257 000
Court of Appeal
Judge of Appeal $241 600 $249 000
(other than the
Chief Justice and
the President of
the Court of
Appeal)
Supreme Court $233 900 $241 000
Judge
Chief Judge of the $233 900 $241 000
County Court
Judge of the $202 700 $208 800
County Court
(other than the
Chief Judge)
3
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 2--Salaries and Allowances of Judicial Officers and Remuneration of
s. 4
Acting Magistrates
Column 1 Column 2 Column 3
Judicial Office 11 May 2004 1 July 2004
Chief Magistrate $202 700 $208 800
Victorian Legislation Parliamentary Documents
Deputy Chief $172 300 $177 500
Magistrate
Magistrate (other $162 200 $167 000
than the Chief
Magistrate and
Deputy Chief
Magistrates)
Senior Master of $208 300 $214 500
the Supreme Court
Registrar of the $208 300 $214 500
Court of Appeal
General Supreme $198 200 $204 000
Court Master
Specialist $188 500 $194 000
Supreme Court
Master
Master of the $198 200 $204 000
County Court
State Coroner $182 500 $188 000
Deputy State $172 300 $177 500
Coroner
(2) An acting magistrate is entitled to be paid
remuneration--
(a) at the rate of $759 per sitting day with effect
on and from 11 May 2004; and
(b) at the rate of $782 per sitting day with effect
5
on and from 1 July 2004.
4
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 2--Salaries and Allowances of Judicial Officers and Remuneration of
s. 5
Acting Magistrates
5. Salaries of Supreme Court Judges (2005 onwards)
(1) Subject to this section, for financial year
2005/2006 a Supreme Court Judge is entitled to be
paid a salary at the annual rate calculated in
Victorian Legislation Parliamentary Documents
accordance with the following formula--
5
1
S 04/05 + {FJ 05/06 - S 04/05 }
2
where--
"S04/05" is the annual salary of a Supreme Court
Judge as at 30 June 2005;
"FJ05/06" is the annual salary of a Federal Court
10
Judge as at 1 July 2005 or any higher
annual salary of a Federal Court Judge
effective at any time during the
financial year 2005/2006.
(2) Subject to this section, for financial year
15
2006/2007 a Supreme Court Judge is entitled to be
paid a salary at the annual rate calculated in
accordance with the following formula--
3
S 05/06 + {FJ 06/07 - S 05/06 }
4
where--
20
"S05/06" is the annual salary of a Supreme Court
Judge as at 30 June 2006;
"FJ06/07" is the annual salary of a Federal Court
Judge as at 1 July 2006 or any higher
annual salary of a Federal Court Judge
25
effective at any time during the
financial year 2006/2007.
5
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Judicial Salaries Act 2004
Act No.
Part 2--Salaries and Allowances of Judicial Officers and Remuneration of
s. 5
Acting Magistrates
(3) Despite anything to the contrary in sub-
sections (1) and (2), any adjustment of the salary
of a Supreme Court Judge under those sub-
sections in respect of a financial year only takes
Victorian Legislation Parliamentary Documents
effect--
5
(a) if an adjustment of the salary of a Federal
Court Judge takes effect during that year and
the relevant determination of the Federal
Remuneration Tribunal is not disapproved of
by a resolution passed by either House of the
10
Parliament of the Commonwealth under the
Remuneration Tribunal Act 1973 of the
Commonwealth, from the beginning of the
day after the last day on which either House
of that Parliament could have passed such a
15
resolution in respect of that determination or
the date on which that determination takes
effect (whichever is the later); and
(b) from 1 October in that year if no adjustment
of the salary of a Federal Court Judge takes
20
effect during that year before that date.
(4) Subject to this section, with effect on and from
1 July 2007 a Supreme Court Judge is entitled to
be paid a salary at the same annual rate as that
payable from time to time to a Federal Court
25
Judge.
(5) Despite anything to the contrary in sub-
section (4), any adjustment of the salary of a
Supreme Court Judge under that sub-section in
respect of a financial year only takes effect--
30
(a) if an adjustment of the salary of a Federal
Court Judge takes effect during that year and
the relevant determination of the Federal
Remuneration Tribunal is not disapproved of
by a resolution passed by either House of the
35
Parliament of the Commonwealth under the
Remuneration Tribunal Act 1973 of the
6
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 2--Salaries and Allowances of Judicial Officers and Remuneration of
s. 6
Acting Magistrates
Commonwealth, from the beginning of the
day after the last day on which either House
of that Parliament could have passed such a
resolution in respect of that determination or
Victorian Legislation Parliamentary Documents
the date on which that determination takes
5
effect (whichever is the later); and
(b) in the case of financial year 2007/2008, from
1 October 2007 if no adjustment of the salary
of a Federal Court Judge takes effect during
that year before that date.
10
6. Salaries of other judicial officers and remuneration
of acting magistrates (2005 onwards)
(1) In this section "relevant judicial office" means a
judicial office specified in column 1 of the Table
in section 4(1) other than that of a Supreme Court
15
Judge.
(2) With effect on and from 1 July 2005 the holder of
a relevant judicial office is entitled to be paid from
time to time a salary at the annual rate that bears,
in relation to the annual salary of a Supreme Court
20
Judge, the same proportion as the annual salary of
a holder of that relevant judicial office bore to the
annual salary of a Supreme Court Judge in the
financial year 2004/2005.
(3) With effect on and from 1 July 2005 an acting
25
magistrate is entitled to be paid from time to time
remuneration at the rate per sitting day that bears,
in relation to the annual salary of a magistrate
(other than the Chief Magistrate and the Deputy
Chief Magistrates), the same proportion as the
30
sitting day rate of an acting magistrate bore to the
annual salary of such a magistrate in the financial
year 2004/2005.
7
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Judicial Salaries Act 2004
Act No.
Part 2--Salaries and Allowances of Judicial Officers and Remuneration of
s. 7
Acting Magistrates
(4) The Attorney-General must issue a certificate
specifying the annual salaries of relevant judicial
offices, and the remuneration of acting
magistrates, as soon as practicable after any
Victorian Legislation Parliamentary Documents
adjustment to those salaries or that remuneration
5
takes effect.
7. Allowances of judicial officers
The holder of a judicial office specified in
column 1 of the Table in section 4(1) is entitled to
be paid allowances--
10
(a) at such rate or of such amount or of such
kind as those to which the holder of such an
office was entitled immediately before the
commencement of this Act; or
(b) at such rate or of such amount or of such
15
kind as are for the time being applicable
pursuant to a certificate of the Attorney-
General issued under section 15 of the
Judicial Remuneration Tribunal Act 1995
on or after the commencement of this Act.
20
__________________
8
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 3--Amendment of Judicial Remuneration Tribunal Act 1995
s. 8
See:
PART 3--AMENDMENT OF JUDICIAL REMUNERATION
Act No.
TRIBUNAL ACT 1995 22/1995
and
amending
Victorian Legislation Parliamentary Documents
8. New section 1 substituted Act Nos
46/1998,
For section 1 of the Judicial Remuneration 1/2000 and
Tribunal Act 1995 substitute--
5 4/2002.
LawToday:
"1. Purpose www.dms.
dpc.vic.
gov.au
The purpose of this Act is to establish a
Judicial Remuneration Tribunal.".
9. Definitions
In section 3 of the Judicial Remuneration
10
Tribunal Act 1995--
(a) the definition of "determination" is repealed;
(b) paragraph (o) of the definition of "holder of
an office" is repealed.
10. Functions of the Tribunal
15
(1) Sections 11(1)(a) and 11(1)(b) of the Judicial
Remuneration Tribunal Act 1995 are repealed.
(2) In section 11(1)(c) of the Judicial Remuneration
Tribunal Act 1995, omit "or, if an Order under
sub-section (2) is in force, the relevant Minister,".
20
(3) After section 11(1)(c)(iv) of the Judicial
Remuneration Tribunal Act 1995 insert--
"(iva) library expenses;
(ivb) other allowances;".
(4) Section 11(2) of the Judicial Remuneration
25
Tribunal Act 1995 is repealed.
9
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 3--Amendment of Judicial Remuneration Tribunal Act 1995
s. 11
(5) Section 11A(3) of the Judicial Remuneration
Tribunal Act 1995 is repealed.
(6) In section 11A(5) of the Judicial Remuneration
Tribunal Act 1995, omit "or, if an Order under
Victorian Legislation Parliamentary Documents
section 11(2) is in force, the relevant Minister,".
5
(7) In section 11A(7) of the Judicial Remuneration
Tribunal Act 1995, omit "or the relevant
Minister (as the case requires)".
11. Repeal of references to determinations and certain
recommendations
10
(1) In sections 12(1A), 13(1) and (2) and 14(1) of the
Judicial Remuneration Tribunal Act 1995,
omit "determination or".
(2) In section 13(1) of the Judicial Remuneration
Tribunal Act 1995, omit ", or if an Order under
15
section 11(2) is in force, the relevant Minister,".
(3) In section 13(2) of the Judicial Remuneration
Tribunal Act 1995, omit "or, if an Order under
section 11(2) is in force, the relevant Minister,".
(4) In section 14(1) of the Judicial Remuneration
20
Tribunal Act 1995--
(a) omit "or other relevant Minister (as the case
requires)";
(b) omit "or other Minister".
(5) In section 14(2) of the Judicial Remuneration
25
Tribunal Act 1995, omit "or other Minister"
(where twice occurring).
(6) Sections 14A and 16 of the Judicial
Remuneration Tribunal Act 1995 are repealed.
10
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 3--Amendment of Judicial Remuneration Tribunal Act 1995
s. 11
(7) In section 15(1) of the Judicial Remuneration
Tribunal Act 1995--
(a) omit "or other Minister, as the case
requires,";
Victorian Legislation Parliamentary Documents
(b) in paragraphs (a) and (b) omit "or other
5
Minister".
__________________
11
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 4--Consequential Amendments
s. 12
PART 4--CONSEQUENTIAL AMENDMENTS
12. Salaries and allowances of Judges and masters of
the Supreme Court
Victorian Legislation Parliamentary Documents
See: (1) In section 82(1) of the Constitution Act 1975, for
Act No.
"of $185 035 per annum or such higher rate as is
5 8750.
Reprint No. 16 for the time being applicable pursuant to an
as at
adjustment or a determination under the Judicial
8 April 2003
and Remuneration Tribunal Act 1995" substitute
amending
"for the time being applicable under the Judicial
Act Nos
2/2003, Salaries Act 2004".
10 37/2003,
39/2003,
(2) In section 82(1A) of the Constitution Act 1975,
66/2003 and
for "of $174 371 per annum or such higher rate as
110/2003.
LawToday:
is for the time being applicable pursuant to an
www.dms.
adjustment or a determination under the Judicial
dpc.vic.
gov.au
Remuneration Tribunal Act 1995" substitute
15
"for the time being applicable under the Judicial
Salaries Act 2004".
(3) In section 82(1B) of the Constitution Act 1975,
for "of $169 038 per annum or such higher rate as
is for the time being applicable pursuant to an
20
adjustment or a determination under the Judicial
Remuneration Tribunal Act 1995" substitute
"for the time being applicable under the Judicial
Salaries Act 2004".
(4) In section 82(2) of the Constitution Act 1975, for
25
"of $163 706 per annum or such higher rate as is
applicable pursuant to an adjustment or a
determination under the Judicial Remuneration
Tribunal Act 1995" substitute "for the time
being applicable under the Judicial Salaries Act
30
2004".
12
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 4--Consequential Amendments
s. 13
(5) For section 82(3) of the Constitution Act 1975
substitute--
"(3) Each Judge of the Court shall be paid
allowances at such rate or amount or of such
Victorian Legislation Parliamentary Documents
kind as are for the time being applicable
5
under the Judicial Salaries Act 2004.".
(6) For section 83A(1) of the Constitution Act 1975
substitute--
"(1) Each master shall be paid a salary at the rate
for the time being applicable under the
10
Judicial Salaries Act 2004.".
(7) For section 83A(2) of the Constitution Act 1975
substitute--
"(2) Each master shall be paid allowances at such
rate or amount or of such kind as are for the
15
time being applicable under the Judicial
Salaries Act 2004.".
(8) Section 83A(5) of the Constitution Act 1975 is
repealed.
13. Salaries and allowances of judges and masters of the
20
County Court
See:
(1) In section 10(1) of the County Court Act 1958, Act No.
for "of $163 873 per annum or such higher rate as 6230.
Reprint No. 10
is for the time being applicable pursuant to an as at
adjustment or a determination under the Judicial
25 27 September
2001 and
Remuneration Tribunal Act 1995" substitute amending
"for the time being applicable under the Judicial Act Nos
107/1986,
Salaries Act 2004". 4/2002,
11/2002 and
(2) In section 10(2) of the County Court Act 1958, 39/2003.
for "of $139 091 per annum or such higher rate as
30 LawToday:
www.dms.
is applicable pursuant to an adjustment or a dpc.vic.
determination under the Judicial Remuneration gov.au
Tribunal Act 1995" substitute "for the time
being applicable under the Judicial Salaries Act
2004".
35
13
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 4--Consequential Amendments
s. 14
(3) For section 10(3) of the County Court Act 1958
substitute--
"(3) Each judge shall be paid allowances at such
rate or amount or of such kind as are for the
Victorian Legislation Parliamentary Documents
time being applicable under the Judicial
5
Salaries Act 2004.".
(4) For section 17AA(1) of the County Court Act
1958 substitute--
"(1) Each master of the court shall be paid a
salary at the rate for the time being
10
applicable under the Judicial Salaries Act
2004.".
(5) For section 17AA(2) of the County Court Act
1958 substitute--
"(2) Each master of the court shall be paid
15
allowances at such rate or amount or of such
kind as are for the time being applicable
under the Judicial Salaries Act 2004.".
14. Salaries and allowances of magistrates and
remuneration of acting magistrates
20
See: (1) In Part 1 of Schedule 1 to the Magistrates' Court
Act No.
Act 1989--
51/1989.
Reprint No. 9
(a) for clause 1 substitute--
as at
7 May 2003
"1. The Chief Magistrate is entitled to be paid a
and
25 amending salary at the rate for the time being applicable
Act Nos
under the Judicial Salaries Act 2004.";
27/2002,
28/2003,
(b) for clause 2(a) substitute--
39/2003,
52/2003,
"(a) a salary at the rate for the time being applicable
74/2003,
under the Judicial Salaries Act 2004; or";
80/2003,
94/2003 and
(c) for clause 3(a) substitute--
30 108/2003.
LawToday:
"(a) a salary at the rate for the time being applicable
www.dms.
under the Judicial Salaries Act 2004; or";
dpc.vic.
gov.au
14
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Part 4--Consequential Amendments
s. 14
(d) for clause 4 substitute--
"4. The Chief Magistrate, each Deputy Chief
Magistrate and each other magistrate shall be
paid allowances at such rate or amount or of
Victorian Legislation Parliamentary Documents
5 such kind as are for the time being applicable
under the Judicial Salaries Act 2004.".
(2) In Part 2 of Schedule 1 to the Magistrates' Court
Act 1989, for clause 11 substitute--
"11. An acting magistrate, while undertaking the duties of
10 a magistrate, is entitled to be paid remuneration at the
rate for the time being applicable under the Judicial
Salaries Act 2004.".
15
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
Judicial Salaries Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
16
551193B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004
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