Victorian Consolidated Legislation

County Court Act 1958 - SECT 17AA

Salaries and allowances of associate judges

17AA. Salaries and allowances of associate judges









(1) Each associate judge of the court shall be paid a salary at the rate for
the time being applicable under the Judicial Salaries Act 2004.





(2) Each associate judge of the court 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.





(2A) An associate judge may by notice in writing to the Attorney-General enter
into an arrangement under which the associate judge agrees to receive the
whole or part of his or her total amount of future salary as an associate
judge as non-salary benefits of an equivalent value.

(2B) 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.

(2C) An associate judge may vary or revoke a notice he or she has given under
subsection (2A) by notice in writing to the Attorney-General.





(2D) 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.

(3) Nothing in this section authorises the salaries or the aggregate value of
the allowances payable to the associate judges to be reduced.

(3A) An arrangement referred to in subsection (2A) or (5) does not constitute
and is deemed never to have constituted a reduction in the salary of the
associate judge who enters or entered into the arrangement.

(4) 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
        associate judges; and

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



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

(5) If, before the commencement of section 9 of the Salaries Legislation
Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a master entered into an
arrangement under which the master agreed to receive the whole or part of his
or her total amount of salary as a master 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.

(6) On and after the commencement of section 9 of the 2008 Act, an arrangement
referred to in subsection (5) may only be varied or revoked in accordance with
subsection (2C).

(7) In subsection (2A) non-salary benefits has the same meaning as it has in
clause 3(5) of Schedule 1A to the Public Administration Act 2004.