Judicial Remuneration Tribunal Act 1995

Version No. 017

Judicial Remuneration Tribunal Act 1995

No. 22 of 1995

Version incorporating amendments as at
27 February 2013

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

Part 2—Judicial Remuneration Tribunal 4

4 Establishment of Tribunal 4

5 Chairperson 4

6 Terms and conditions of office 5

7 Vacancies, resignations, removal from office 5

8 Acting appointments 6

9 Meetings of the Tribunal 6

10 Validity of decisions 7

Part 3—Inquiries and Reports 8

11 Functions of the Tribunal 8

11A Advisory opinions 9

12 Method of inquiry by Tribunal 10

13 Reports 12

14 Tabling before Parliament 12

15 Attorney-General's certificate 13

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ENDNOTES 15

1. General Information 15

2. Table of Amendments 16

3. Explanatory Details 18

Version No. 017

Judicial Remuneration Tribunal Act 1995

No. 22 of 1995

Version incorporating amendments as at
27 February 2013

Judicial Remuneration Tribunal Act 1995
No. 22 of 1995

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

S. 1 amendedby No. 1/2000 s.7(1), substitutedby No. 38/2004 s.8.

1 Purpose

The purpose of this Act is to establish a Judicial Remuneration Tribunal.

2 Commencement

(1) Part 1 and section 29 come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 9months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3 Definitions

In this Act—

S. 3 def. of advisory opinion inserted by No. 4/2002 s.4.

advisory opinion means an advisory opinion of the Tribunal given under section 11A;

chairperson means chairperson of the Tribunal and includes a person appointed to act as chairperson;

S. 3 def. of determination insertedby No. 4/2002 s.4, repealedby No. 38/2004 s.9(a).

* * * * *

S. 3 def. of holder of an office insertedby No. 4/2002 s.4, amendedby Nos 31/2004 s.9(a)(b), 38/2004 s.9(b), 24/2008 s.81, 77/2008 s.129(Sch.2 item14).

holder of an office means—

(a) the Chief Justice of the Supreme Court;

(b) the President of the Court of Appeal;

(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;

s. 3

(f) the Judges of the County Court, other than the Chief Judge;

(g) the Chief Magistrate;

(h) the Deputy Chief Magistrates (whether full-time or part-time);

(i) the Magistrates (whether full-time or part-time), other than the Chief Magistrate and Deputy Chief Magistrates;

(j) the Associate Judges of the Supreme Court;

(k) the associate judges of the County Court;

* * * * *

(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 Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998;

* * * * *

member means member of the Tribunal;

S. 3 def. of recommend-ation insertedby No. 4/2002 s.4, amendedby No.5/2013 s.41(a).

recommendation means a recommendation of the Tribunal in relation to conditions of service of holders of an office or reserve office holders made under section 11(1)(c);

S.3 def.of reserve office holder insertedby No.5/2013 s.41(b).

reserve office holder means—

(a) in the case of the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975 engaged under section 81B of that Act to undertake the duties of a Judge of the Court;

(b) in the case of the County Court, a reserve judge within the meaning of the County Court Act 1958 engaged under section 12B of that Act to undertake the duties of a judge of the court;

(c) in the case of the Magistrates' Court, a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;

s. 3

Tribunal means the Judicial Remuneration Tribunal established by this Act.

______

Part 2—Judicial Remuneration Tribunal

4 Establishment of Tribunal

s. 4

(1) There is established a tribunal to be known as the Judicial Remuneration Tribunal.

(2) The Tribunal consists of 3 members appointed on a part-time basis by the Governor in Council on the recommendation of the Attorney-General.

S. 4(3) substituted by No. 4/2002 s.5.

(3) The following persons are not eligible for appointment as a member—

(a) a person who is, or who has been—

(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 any other State or Territory of the Commonwealth;

S. 4(3)(b) amendedby No.108/2004 s.117(1) (Sch.3 item107.1).

(b) a person who holds an office or place of profit under the Crown, including a person employed under Part 3 of the Public Administration Act 2004.

S. 4(4) inserted by No. 4/2002 s.5, repealedby No.108/2004 s.117(1) (Sch.3 item107.2).

* * * * *

5 Chairperson

The Governor in Council must appoint one of the members to be the chairperson of the Tribunal.

6 Terms and conditions of office

s. 6

(1) A member holds office for a term not exceeding 5years specified in the instrument of appointment, but is eligible for re-appointment.

(2) A member holds office, subject to this Act, on such terms and conditions as to payment of allowances and expenses or any other matter, as are determined by the Governor in Council.

S. 6(3) substituted by Nos 46/1998
s. 7(Sch. 1), 108/2004 s.117(1) (Sch.3 item107.3), 80/2006 s.26(Sch. item56).

(3) The Public Administration Act 2004 (other than Part3 of that Act) applies to a member in respect of the office of member.

7 Vacancies, resignations, removal from office

(1) The office of a member becomes vacant if the member—

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.

(2) A member may resign by writing delivered to the Attorney-General.

(3) The Governor in Council may remove a member from office for misconduct, neglect of duty or physical or mental incapacity.

8 Acting appointments

(1) The Attorney-General may appoint a person to act in the place of the chairperson or another member who is absent or who, for any other reason, is unable to perform the duties of the office.

(2) An acting appointment is for the term, and on the conditions, including conditions as to payment of allowances and expenses, determined by the Attorney-General.

(3) A person appointed under subsection (1) has all the powers and may perform all the duties of the member for whom he or she is acting.

(4) The Attorney-General may at any time terminate an acting appointment.

9 Meetings of the Tribunal

s. 8

(1) The chairperson may convene meetings of the Tribunal and, at the request of the Attorney-General, must convene a meeting.

(2) The chairperson shall preside at all meetings of the Tribunal.

(3) At a meeting of the Tribunal—

(a) the procedure shall be as determined by the Tribunal;

(b) two members, one of whom is the chairperson, constitute a quorum;

(d) the member presiding has a deliberative vote and, in the event of an equality of votes, also a casting vote.

(4) Subject to this Act, the Tribunal may regulate its own proceedings.

10 Validity of decisions

s. 10

An act or decision of the Tribunal is not invalid—

(a) by reason only—

(i) of a defect or irregularity in, or in connection with, the appointment of a member; or

(ii) of a vacancy in the office of a member; or

(b) on the ground that the occasion for an acting member to act had not arisen or had ceased.

______

Part 3—Inquiries and Reports

S. 11 amendedby No. 1/2000 s.7(2), substituted by No. 4/2002 s.6.

11 Functions of the Tribunal

s. 11

(1) The Tribunal has the following functions—

S. 11(1)(a)(b) repealedby No. 38/2004 s.10(1).

* * * * *

S. 11(1)(c) amendedby Nos 38/2004 s.10(2), 3/2005 s.19, 5/2013 s.42.

(c) to make recommendations to the Attorney-General in relation to the following conditions of service of holders of an office or reserve office holders—

(i) leave, including annual leave, sick leave, parental leave and special leave;

S. 11(1)(c)(ia) insertedby No. 30/2005 s.6.

(ia) additional annual leave including, but not limited to, leave under arrangements such as 48/52 schemes;

(ii) long service leave, including long leave and sabbatical leave;

(iii) travelling entitlements and travelling and subsistence allowances;

(iv) reimbursement of work related expenses;

S. 11(1)(c)(iva) insertedby No. 38/2004 s.10(3).

(iva) library expenses;

S. 11(1)(c)(ivb) insertedby No. 38/2004 s.10(3).

(ivb) other allowances;

(v) provision of motor vehicles for private use;

(vi) pensions, including any aspect of remuneration beyond salary that should be treated as pensionable;

(vii) superannuation and associated issues, including disability benefits and recognition of prior service;

(d) any other function conferred on it under this Act or any other Act.

S. 11(2) repealedby No. 38/2004 s.10(4).

* * * * *

S. 11A inserted by No. 4/2002 s.6.

11A Advisory opinions

s. 11A

(1) The Attorney-General may refer any matter relating to salaries, allowances or conditions of service of holders of an office to the Tribunal for an advisory opinion.

S.11A(2) amendedby No.5/2013 s.43(a).

(2) The Attorney-General may refer any matter relating to the remuneration or conditions of service of reserve office holders to the Tribunal for an advisory opinion.

S. 11A(3) repealedby No. 38/2004 s.10(5), new s.11A(3) insertedby No. 3/2005 s.20, repealedby No.5/2013 s.43(b).

* * * * *

(4) A reference of a matter for an advisory opinion must be in writing.

S. 11A(5) amendedby No. 38/2004 s.10(6).

(5) The Attorney-General must cause notification of a reference under this section to be published in the Government Gazette specifying the matters referred to the Tribunal for an advisory opinion within 7 days of referring the matter to the Tribunal.

(6) Subsections (4) and (5) do not apply if the Attorney-General declares that an advisory opinion concerns matters of a confidential or personal nature.

S. 11A(7) amendedby No. 38/2004 s.10(7).

(7) The Tribunal may inquire into and report to the Attorney-General on any matter referred to it under this section.

12 Method of inquiry by Tribunal

s. 12

(1) In the performance of its functions, the Tribunal—

(a) may inform itself in such manner as it thinks fit; and

(b) may receive written or oral statements; and

(d) is not bound by the rules of evidence.

S. 12(1A) inserted by No. 4/2002 s.7, amendedby No. 38/2004 s.11(1).

(1A) In making a recommendation or giving an advisory opinion, the Tribunal must consider the following—

(a) the importance of the judicial function to the community;

(b) the need to maintain the judiciary's standing in the community;

(d) movements in judicial remuneration levels in other Australian jurisdictions;

(e) movements in the following indicators—

(i) the Consumer Price Index;

(ii) average weekly ordinary time earnings;

s. 12

S. 12(1A)(e)(iii) amendedby No.108/2004 s.117(1) (Sch.3 item107.4).

(iii) executive salaries, including those of executives within the meaning of the Public Administration Act 2004 in the Victorian public service;

(f) improvements in operational efficiency;

(g) work value changes;

(h) factors relevant to Victoria, including—

(i) current public sector wages policy;

(ii) Victoria's economic circumstances;

(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;

(i) relativities between Victorian courts and tribunals.

(2) The Tribunal may, if it thinks fit, appoint a person or persons to assist the Tribunal in an inquiry.

(3) A person appointed under subsection (2) is entitled to such fees and allowances (if any) as are determined by the Secretary to the Department of Justice.

S. 13 amended by No. 1/2000 s.7(3)(a), substituted by No. 4/2002 s.8.

13 Reports

S. 13(1) amendedby No. 38/2004 s.11(1)(2), substituted by No. 68/2012 s.5.

s. 13

(1) In the case of a recommendation, the Tribunal may report to the Attorney-General as the Tribunal considers appropriate.

S. 13(2) amendedby 38/2004 s.11(1)(3).

(2) The Attorney-General must ensure that a report of a recommendation or, unless section 11A(6) applies, a report of an advisory opinion is published in the Government Gazette within 21days of receipt of that report by the Attorney-General or Minister.

S. 14 substituted by No. 4/2002 s.9.

14 Tabling before Parliament

S. 14(1) amendedby No. 38/2004 s.11(1)(4)(a)
(b).

(1) The Attorney-General must cause a copy of a report of a recommendation to be laid before each House of the Parliament within 10 sitting days after the Attorney-General receives the report.

S. 14(2) amendedby No. 38/2004 s.11(5).

(2) If the Attorney-General intends to vary or not accept a recommendation, the Attorney-General must cause a statement to be made to the Parliament within 10sitting days after the tabling of the report containing the recommendation giving reasons for varying or not accepting the recommendation.

S. 14A inserted by No. 4/2002 s.9, repealedby No. 38/2004 s.11(6).

* * * * *

15 Attorney-General's certificate

S. 15(1) amended by No. 1/2000 s.7(3)(b), substituted by No. 4/2002 s.10(1), amendedby No. 38/2004 s.11(7)(a).

(1) The Attorney-General must issue a certificate—