Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SCHEDULE 1

Section 10 SALARIES AND ALLOWANCES OF MAGISTRATES

1. The Chief Magistrate is entitled to be paid a salary at the rate for the
time being applicable under the Judicial Salaries Act 2004.





2. A Deputy Chief Magistrate is entitled to be paid-

   (a)  a salary at the rate for the time being applicable under the
        Judicial Salaries Act 2004; or









   (b)  in the case of a part-time magistrate who is a Deputy Chief
        Magistrate, a pro-rata amount of the salary referred to in paragraph
        (a).







* * * * *



3. A magistrate, not being the Chief Magistrate or a Deputy Chief Magistrate,
is entitled to be paid-

   (a)  a salary at the rate for the time being applicable under the
        Judicial Salaries Act 2004; or









   (b)  in the case of a part-time magistrate, a pro-rata amount of the salary
        referred to in paragraph (a).







* * * * *



4. The Chief Magistrate, each Deputy Chief Magistrate and each other
magistrate 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.







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





6. 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.





7. A magistrate may vary or revoke a notice he or she has given under clause 5
by notice in writing to the Attorney-General.





8. 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.

9. Subject to clauses 2(b) and 3(b), nothing in this Part authorises the
salaries or the aggregate value of the allowances payable to the Chief
Magistrate, a Deputy Chief Magistrate and the other magistrates to be reduced.
9A. An arrangement referred to in clause 5 or 10A does not constitute and is
deemed never to have constituted a reduction in the salary of the magistrate
who enters or entered into the arrangement.
10. 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 Part; and

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

   (c)  superannuation contributions (within the meaning of the
        Payroll Tax Act 2007) payable in respect of the magistrates; and



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



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

10A. If, before the commencement of section 11 the Salaries Legislation
Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a magistrate entered
into an arrangement under which the magistrate agreed to receive the whole or
part of his or her total amount of salary as a magistrate as non-salary
benefits of an equivalent value, that arrangement, by virtue of this clause,
has and is deemed always to have had full effect according to its tenor as if
it had been authorised under clause 5.
10B. On and after the commencement of section 11 of the 2008 Act, an
arrangement referred to in clause 10A may only be varied or revoked in
accordance with clause 7.
10C. In clause 5, non-salary benefits has the same meaning as it has in clause
3(5) of Schedule 1A to the Public Administration Act 2004.





11. Subject to clause 11A and clause 11B, an acting magistrate, while
undertaking the duties of a magistrate, is entitled to be paid remuneration-

   (a)  at the annual rate for the time being applicable under the
        Judicial Salaries Act 2004 to the holder of that office on other than
        an acting basis, if the acting magistrate is required to undertake the
        duties of a magistrate on a full time basis; or

   (b)  at the rate per sitting day for the time being applicable under the
        Judicial Salaries Act 2004 to the holder of that office, if the acting
        magistrate is required to undertake the duties of a magistrate on a
        sessional basis.

11A. If an acting magistrate, who is required to undertake the duties of a
magistrate on a full time basis, is entitled to-

   (a)  a non-contributory pension under a relevant Act within the meaning of
        section 16A of the State Superannuation Act 1988; or

   (b)  because he or she has held a public office in another jurisdiction, a
        non-contributory pension under any other law- the amount of pension to
        which the acting magistrate is entitled shall be deducted from the
        remuneration payable to that acting magistrate under clause 11(a).
11B. An acting magistrate who is required to undertake the duties of a
magistrate on a sessional basis and is entitled to-

   (a)  a non-contributory pension under a relevant Act within the meaning of
        section 16A of the State Superannuation Act 1988; or

   (b)  because he or she has held a public office in another jurisdiction, a
        non-contributory pension under any other law- shall receive
        remuneration calculated in accordance with the following formula-

where-

"S" means the rate per sitting day for the time being applicable under the
Judicial Salaries Act 2004 to the acting magistrate;

"P" means the annual pension to which the acting magistrate is entitled that
is referred to in paragraph (a) or (b).
11C. Each acting magistrate 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.

11D. An acting magistrate may by notice in writing to the Attorney-General
enter into an arrangement under which the acting magistrate agrees to receive
the whole or part of his or her total amount of future remuneration (whether
or not payable at a sessional rate) as non-salary benefits of an equivalent
value.
11E. 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.

11F. An acting magistrate may vary or revoke a notice he or she has given
under clause 11D by notice in writing to the Attorney-General.

11G. 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.
12. The following are to be paid out of the Consolidated Fund, which is
appropriated to the necessary extent-



   (a)  the remuneration (including the amount of any non-salary benefits)
        payable under this Part; and

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

   (c)  superannuation contributions (within the meaning of the
        Payroll Tax Act 2007) payable in respect of acting magistrates; and

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

   (e)  tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth
        in respect of fringe benefits provided to acting magistrates.
13. If, before the commencement of section 12 of the Salaries Legislation
Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an acting magistrate
entered into an arrangement under which the acting magistrate agreed to
receive the whole or part of his or her total amount of salary (whether or not
payable at a sessional rate) as an acting magistrate as non-salary benefits of
an equivalent value, that arrangement, by virtue of this clause, has and is
deemed always to have had full effect according to its tenor as if it had been
authorised under clause 11D.
14. On and after the commencement of section 12 of the 2008 Act, an
arrangement referred to in clause 13 may only be varied or revoked in
accordance with clause 11F.
15. In clause 11D, non-salary benefits has the same meaning as it has in
clause 3(5) of Schedule 1A to the Public Administration Act 2004.

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