Judicial Remuneration Tribunal (Amendment) Act 2002 (Vic)

Judicial Remuneration Tribunal (Amendment) Act

2002

Act No. 4/2002

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	New definitions	2
5.	Membership of Judicial Remuneration Tribunal	4
6.	Section 11 substituted and new section 11A inserted	5
11.	Functions of the Tribunal	5
11A.	Advisory opinions	6
7.	Factors to be considered by Tribunal	7
8.	Section 13 substituted	8
13.	Reports	8
9.	Section 14 substituted and new section 14A inserted	9
14.	Tabling before Parliament	9
14A.	Disallowance by Parliament of determination	9
10.	Certificates	10
11.	New section 16 inserted	10
16.	When do determinations take effect?	11
12.	Consequential amendments to other Acts	11

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ENDNOTES 13

i

Victoria

No. 4 of 2002

Judicial Remuneration Tribunal

(Amendment) Act 2002†

[Assented to 3 April 2002]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the provide for matters relating to—

(a)	the membership of the Judicial Remuneration Tribunal; and
(b)	the functions and procedures of the Judicial Remuneration Tribunal.

Judicial Remuneration Tribunal (Amendment) Act 2002

Act No. 4/2002 s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into

operation before 1 January 2002, it comes into

operation on that day.

3. Principal Act

See:

In this Act, the Judicial Remuneration Tribunal	Act No.
Act 1995 is called the Principal Act.	22/1995 and
amending Act Nos
46/1998 and
1/2000.
LawToday:
dpc.vic.
gov.au

4. New definitions

In section 3 of the Principal Act, insert the
following definitions—

' "advisory opinion" means an advisory opinion

of the Tribunal given under section 11A;

"determination" means—

(a) relation to salaries and allowances of
holders of an office (including

a determination of the Tribunal in made under section 11(1)(a);

(b)	a determination of the Tribunal in relation to remuneration of acting magistrates (including adjustments of
remuneration) made under section 11(1)(b);

Judicial Remuneration Tribunal (Amendment) Act 2002

s. 4 Act No. 4/2002

"holder of an office" means—

(a) the Chief Justice of the Supreme Court;

(b) the President of the Court of Appeal;

(c)	the Judges of the Court of Appeal, other than the Chief Justice and the President;
(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;

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

(g) the Chief Magistrate;

(h) the Deputy Chief Magistrates;

(i)

the Magistrates, other than the Chief Magistrates;

(j) the Masters of the Supreme Court;

(k) the Masters of the County Court;

(l) the State Coroner;

(m) the Deputy State Coroner;

(n) and Ordinary Members (whether full-
time, part-time or sessional) of the
Victorian Civil and Administrative
Tribunal established under the

the Deputy Presidents, Senior Members Tribunal Act 1998;

Judicial Remuneration Tribunal (Amendment) Act 2002

Act No. 4/2002 s. 5

(o) if another Act provides that the Tribunal is to make determinations on the salary or allowances for a particular office or recommendations in relation to the conditions of service for a particular office, the holder of that office;

"recommendation" means a recommendation of

the Tribunal in relation to conditions of service of holders of an office or acting magistrates made under section 11(1)(c);'.

5. Membership of Judicial Remuneration Tribunal

In section 4 of the Principal Act, for sub-section

(3) substitute—

"(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;

(b) a person who holds an office or place of profit under the Crown, including a person employed under Part 3 of the Public Sector Management and Employment Act 1998.

(4) Despite sub-section (3)(b), the

Commissioner for Public Employment eligible for appointment as a member.".

within the meaning of the Public Sector

Judicial Remuneration Tribunal (Amendment) Act 2002

s. 6 Act No. 4/2002

6. Section 11 substituted and new section 11A inserted

For section 11 of the Principal Act substitute—

"11. Functions of the Tribunal

(1) The Tribunal has the following functions—

(a)	to make determinations in relation to salaries and allowances of holders of an office, including adjustments of salaries and allowances;
(b)

to make determinations in relation to including adjustments of remuneration;

(c) to make recommendations to the Attorney-General or, if an Order under sub-section (2) is in force, the relevant Minister, in relation to the following conditions of service of holders of an office and acting magistrates—

(i)

leave, including annual leave, sick leave;

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

(iii)  travelling entitlements and travelling and subsistence allowances;

(iv) reimbursement of work related
expenses;

(v)  provision of motor vehicles for private use;

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

Judicial Remuneration Tribunal (Amendment) Act 2002

Act No. 4/2002	s. 6
(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.

(2) If the Governor in Council, by Order

published in the Government Gazette,
declares that the Tribunal is to make
determinations in relation to salaries and
allowances (including adjustments of salaries
and allowances) and make recommendations
in relation to the conditions of service for the
members of a tribunal established under
another Act, the Tribunal may make
determinations in relation to salaries and
allowances (including adjustments of salaries
and allowances) and make recommendations
in relation to the conditions of service of
those members of that tribunal to the

Minister administering that Act.

11A. Advisory opinions

(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.

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

(3) If an Order under section 11(2) is in force,

the Minister administering the Act under
which the tribunal is established may refer
any matter relating to salaries, allowances or
conditions of service of the members of that

Judicial Remuneration Tribunal (Amendment) Act 2002

s. 7 Act No. 4/2002

tribunal to the Tribunal for an advisory

opinion.

(4) A reference of a matter for an advisory

opinion must be in writing.

(5) The Attorney-General or, if an Order under section 11(2) is in force, the relevant Minister, 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) Sub-sections (4) and (5) do not apply if the Attorney-General declares that an advisory opinion concerns matters of a confidential or

personal nature.

(7) The Tribunal may inquire into and report to

the Attorney-General or the relevant Minister
(as the case requires) on any matter referred
to it under this section.".

7. Factors to be considered by Tribunal

In section 12 of the Principal Act, after sub- section (1) insert—

"(1A) In making a determination or

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;
(c)	the need to attract and retain suitably qualified candidates to judicial office;

Judicial Remuneration Tribunal (Amendment) Act 2002

Act No. 4/2002 s. 8

(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;
(iii)	of executives within the meaning of the Public Sector Management and Employment

executive salaries, including those 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)	proposed increase in judicial

the capacity of the State to meet a of service;

(iv) any other relevant local factors;

(i) relativities between Victorian courts
and tribunals.".

8. Section 13 substituted

For section 13 of the Principal Act substitute—

"13. Reports

Judicial Remuneration Tribunal (Amendment) Act 2002

s. 9 Act No. 4/2002

(1) In the case of a determination or

recommendation, the Tribunal must report to year and not more than 2 years.

the Attorney-General, or if an Order under
section 11(2) is in force, the relevant

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

9. Section 14 substituted and new section 14A inserted

For section 14 of the Principal Act substitute—

"14. Tabling before Parliament

(1) The Attorney-General or other relevant

Minister (as the case requires) must cause a copy of a report of a determination or recommendation to be laid before each House of the Parliament within 10 sitting days after the Attorney-General or other Minister receives the report.

(2) If the Attorney-General or other Minister

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

or not accepting the recommendation.

14A. Disallowance by Parliament of

determination

Judicial Remuneration Tribunal (Amendment) Act 2002

Act No. 4/2002 s. 10

(1) A determination may be disallowed by resolution of a House of the Parliament within 15 sitting days after the report

containing the determination is tabled under

section 14.

(2) If a determination is not disallowed under

sub-section (1), the Attorney-General or, if an Order is in force under section 11(2), the relevant Minister, must give effect to the

determination.".

10. Certificates

(1) In section 15 of the Principal Act, for sub-section

(1) substitute—

"(1) The Attorney-General or other Minister, as

the case requires, must issue a certificate—

(a) recommendation, authorising the

in the case of a report containing a holders of an office or acting magistrates in accordance with that report, except so far as the Attorney- General or other Minister varies or does not accept the recommendation; and

(b) in the case of a report which is an advisory opinion which the Attorney- General or other Minister has accepted, authorising the adjustment of salary and allowances or salary or allowances of holders of an office or remuneration, in the case of acting magistrates, in accordance with that report.".

(2) In section 15(2) of the Principal Act, after

"remuneration" insert "or conditions of service".

11. New section 16 inserted

After section 15 of the Principal Act insert—

Judicial Remuneration Tribunal (Amendment) Act 2002

s. 12 Act No. 4/2002

"16. When do determinations take effect?

A determination which has not been
disallowed under section 14A takes effect in
accordance with the terms of the
determination at the end of the period

specified in that section for disallowance.".

12. Consequential amendments to other Acts

(1) In the Constitution Act 1975—

(a) in section 82—

(i)

in sub-sections (1) and (2), for substitute "or a determination";

(ii) "certified by the Attorney-General"

in sub-sections (1A), (1B) and (3), for determination";

(b)

in section 83A, for "certified by the substitute "or a determination".

(2) In section 9(1) of the Coroners Act 1985, for

"certified by the Attorney-General" substitute "or

a determination".

(3) In the County Court Act 1958—

(a)	in section 10(1) and (2) for "certified to by the Attorney-General" substitute "or a determination";
(b)

in section 10(3)(b) for "certified by the determination";

(c) in section 17AA(1) and (2), for "certified by the Attorney-General" substitute "or a determination".

Judicial Remuneration Tribunal (Amendment) Act 2002

Act No. 4/2002 s. 12

(4) In Schedule 1 to the Magistrates' Court Act

1989—

(a)	in clauses 1, 2 and 3, for "certified to by the Attorney-General" substitute "or a determination";
(b)

in clause 4(b) for "certified by the determination";

(c) in clause 11(b) for "certified by the Attorney-General" substitute "or a determination".

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Judicial Remuneration Tribunal (Amendment) Act 2002

Endnotes	Act No. 4/2002
ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 18 October 2001

Legislative Council: 20 November 2001

The long title for the Bill for this Act was "to amend the Judicial
Remuneration Tribunal Act 1995 to provide for various matters relating
to the membership of the Judicial Remuneration Tribunal and the
functions and procedures of the Judicial Remuneration Tribunal and for

other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 8 November 2001, 20 March 2002

Legislative Council: 22 November 2001