Judicial Salaries Act 2004

Version No. 003

Judicial Salaries Act 2004

No. 38 of 2004

Version incorporating amendments as at 27 June 2007

table of provisions

SectionPage

Part 1—Preliminary

1.Purpose

2.Commencement

3.Definitions

Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting
Magistrates

4.Salaries of judicial officers and remuneration of acting magistrates (2004–2005)

5.Salaries of Supreme Court Judges (2005 onwards)

6.Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards)

7.Allowances of judicial officers

7A.Transitional—remuneration of acting magistrates before
1 May 2005

Parts 3, 4—Repealed10

8–14.Repealed10

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 003

Judicial Salaries Act 2004

No. 38 of 2004

Version incorporating amendments as at 27 June 2007

Judicial Salaries Act 2004
No. 38 of 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 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.

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—

"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 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 Appeal or a Specialist Supreme Court Master;

s. 3

"Supreme Court Judge" means a Judge of the Supreme Court other than the Chief Justice, the President of the Court of Appeal or the 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 Commonwealth.

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Part 2—Salaries and Allowances of Judicial Officers and Remuneration of Acting Magistrates

4.Salaries of judicial officers and remuneration of acting magistrates (2004–2005)

s. 4

(1)The holder of a judicial office specified in column1 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 2004; and

(b)at the annual rate specified in column 3 of the Table with effect on and from 1July 2004.

Table

Column 1 / Column 2 / Column 3
Judicial Office / 11 May 2004 / 1 July 2004
Chief Justice of the Supreme Court / $264000 / $272000
President of the Court of Appeal / $249000 / $257000
Judge of Appeal (other than the Chief Justice and the President of the Court of Appeal) / $241600 / $249000
Supreme Court Judge / $233900 / $241000
Chief Judge of the County Court / $233900 / $241000
Judge of the County Court (other than the Chief Judge) / $202700 / $208800
Chief Magistrate / $202700 / $208800
Deputy Chief Magistrate / $172300 / $177500
Magistrate (other than the Chief Magistrate and Deputy Chief Magistrates) / $162200 / $167000
Senior Master of the Supreme Court / $208300 / $214500
Registrar of the Court of Appeal / $208300 / $214500
General Supreme Court Master / $198200 / $204000
Specialist Supreme Court Master / $188500 / $194000
Master of the County Court / $198200 / $204000
State Coroner / $182500 / $188000
Deputy State Coroner / $172300 / $177500

(2)An acting magistrate is entitled to be paid remuneration—

s. 4

(a)at the rate of $759 per sitting day with effect on and from 11 May 2004; and

S. 4(2)(b) amendedby No. 3/2005 s.22(1).

(b)at the rate of $782 per sitting day with effect on and from 1 July 2004; and.

S. 4(2)(c) insertedby No. 3/2005 s.22(2).

(c)at the rate of $710 per sitting day with effect on and from 1 May 2005.

S. 4(3) insertedby No. 3/2005 s.22(3).

(3)An acting Judge of the Supreme Court, required to undertake the duties of a Judge on a sessional basis, is entitled to be paid remuneration at the rate of $1025 per sitting day.

S. 4(4) insertedby No. 3/2005 s.22(3).

(4)An acting judge of the County Court, required to undertake the duties of a judge on a sessional basis, is entitled to be paid remuneration at the rate of $888 per sitting day.

5.Salaries of Supreme Court Judges (2005 onwards)

s. 5

(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 accordance with the following formula—

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 Judge as at 1July 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 2006/2007 a Supreme Court Judge is entitled to be paid a salary at the annual rate calculated in accordance with the following formula—

where—

"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 1July 2006 or any higher annual salary of a Federal Court Judge effective at any time during the financial year 2006/2007.

(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 effect—

(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 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 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 effect during that year before that date.

s. 5

(4)Subject to this section, with effect on and from 1July 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 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—

(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.

6.Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards)

s. 6

(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 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 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.

S. 6(2A) insertedby No. 3/2005 s.23(1).

(2A)With effect on and from 1 July 2005 an acting Judge of the Supreme Court, required to undertake the duties of a Judge on a sessional basis, 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 Supreme Court Judge, the same proportion as the sitting day rate of an acting Judge of the Supreme Court bore to the annual salary of a Supreme Court Judge in the period commencing on 1 May 2005 and ending on 30June 2005.

s. 6

S. 6(2B) insertedby No. 3/2005 s.23(1).

(2B)With effect on and from 1 July 2005 an acting judge of the County Court, required to undertake the duties of a judge on a sessional basis, 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 judge of the County Court (other than the Chief Judge), the same proportion as the sitting day rate of an acting judge of the County Court bore to the annual salary of such a judge in the period commencing on 1May 2005 and ending on 30 June 2005.

S. 6(3) amendedby No. 3/2005 s.23(2).

(3)With effect on and from 1 July 2005 an acting 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 sitting day rate of an acting magistrate bore to the annual salary of such a magistrate in theperiod commencing on 1 May 2005 and ending on 30June 2005.

(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 adjustment to those salaries or that remuneration takes effect.

S. 7 amendedby No. 3/2005 s.24(ILA s.39B(1)).

7.Allowances of judicial officers

s. 7

(1)The holder of a judicial office specified in column1 of the Table in section 4(1) is entitled to be paid allowances—

(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 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.

S. 7(2) insertedby No. 3/2005 s.24.

(2)In this section, a reference to the holder of a judicial office specified in column 1 of the Table in section 4(1) includes a reference to a person who holds a judicial office as—

(a)an acting Judge of the Supreme Court; or

(b)an acting judge of the County Court; or

(c)an acting magistrate.

S. 7A insertedby No. 3/2005 s.25.

7A.Transitional—remuneration of acting magistrates before 1May2005

The amendment of section 4(2) by section22(2) of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005does not affect the remuneration of an acting magistrate applicable immediately before the commencement of section 22 of that Act and an acting magistrate who receives remuneration under section 4(2) immediately before that commencement continues to receive remuneration during the period of his or her appointment as if section 4(2) had not been amended.

______

Pts 3–4 (Headings and ss 8–14) repealed by No. 28/2007 s.3(Sch. item34).

*****

s. 8

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ENDNOTES

1.General Information

Endnotes

Minister's second reading speech—

Legislative Assembly: 12 May 2004

Legislative Council: 27 May 2004

The long title for the Bill for this Act was "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."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 26 May 2004

Legislative Council: 1 June 2004

The Judicial Salaries Act 2004 was assented to on 8 June 2004 and came into operation on 9 June 2004: section 2.

2.Table of Amendments

Endnotes

This Version incorporates amendments made to the Judicial Salaries Act 2004 by Acts and subordinate instruments.

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Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005

Assent Date: / 5.4.05
Commencement Date: / Ss22-25 on 1.5.05: s.2(2)
CurrentState: / This information relates only to the provision/s amending the Judicial Salaries Act 2004

Statute Law Revision Act 2007, No.28/2007

Assent Date: / 26.6.07
Commencement Date: / S. 3(Sch. item 34) on 27.6.07: s. 2(1)
CurrentState: / This information relates only to the provision/s amending the Judicial Salaries Act 2004

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3.Explanatory Details

Endnotes

No entries at date of publication.