Victorian Consolidated Legislation

County Court Act 1958 - SECT 10

Salaries and allowances of the Chief Judge and other judges

10. Salaries and allowances of the Chief Judge and other judges





















(1) The Chief Judge shall be paid a salary at the rate for the time being
applicable under the Judicial Salaries Act 2004.









(2) Each judge other than the Chief Judge shall be paid a salary at the rate
for the time being applicable under the Judicial Salaries Act 2004.









(3) Each judge shall be paid allowances at such rate or amount or of such kind
as are for the time being applicable under the Judicial Salaries Act 2004.











(4) A judge may by notice in writing to the Attorney-General enter into an
arrangement under which the judge agrees to receive the whole or part of his
or her total amount of future salary as a judge as non-salary benefits of an
equivalent value.









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(5) The notice must specify a date from which the arrangement is to take
effect which must be the date on which the notice is given or a later date.









(5A) A judge may vary or revoke a notice he or she has given under subsection
(4) by notice in writing to the Attorney-General.

(6) The notice of variation or revocation must specify a date from which the
variation or revocation is to take effect which must be the date on which the
notice is given or a later date.













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(6B) Nothing in this section authorises the salaries or the aggregate value of
the allowances payable to the Chief Judge and the other judges to be reduced.



(6C) An arrangement referred to in subsection (4) or (7A) does not constitute
and is deemed never to have constituted a reduction in the salary of the judge
of the Court who enters or entered into the arrangement.

(7) The following are to be paid out of the Consolidated Fund, which is
appropriated to the necessary extent-





   (a)  the salaries (including the amount of any non-salary benefits) and
        allowances payable under this section; and

   (b)  premiums and other amounts payable under the
        Accident Compensation (WorkCover Insurance) Act 1993 in respect of the
        judges; and

   (c)  payroll tax payable under the Payroll Tax Act 2007 in respect of wages
        paid or payable to the judges; and

   (d)  tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth
        in respect of fringe benefits provided to the judges.

(7A) If, before the commencement of section 7 of the Salaries Legislation
Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a judge entered into an
arrangement under which the judge agreed to receive the whole or part of his
or her total amount of salary as a judge as non-salary benefits of an
equivalent value, that arrangement, by virtue of this subsection, has and is
deemed always to have had full effect according to its tenor as if it had been
authorised under this section.

(7B) On and after the commencement of section 7 of the 2008 Act, an
arrangement referred to in subsection (7A) may only be varied or revoked in
accordance with subsection (5A).



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(9) This section does not apply to a judge who made an election under section
13A before the commencement of section 7 of the Courts Legislation (Judicial
Appointments and Other Amendments) Act 2005 or an associate judge.



(10) In sbsection (4), non-salary benefits has the same meaning as it has in
clause 3(5) of Schedule 1A to the Public Administration Act 2004.