REMUNERATION AND ALLOWANCES AMENDMENT ACT 1976
No. 83 of 1976
An Act relating to the Remuneration and Allowances payable to the Judges of the Family Court of Australia.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Remuneration and Allowances Amendment Act 1976.
(2) The Remuneration and Allowances Act 1973-1975, as amended by this Act, may be cited as the Remuneration and Allowances Act 1973-1976.
Commencement.
2. This Act shall be deemed to have come into operation on 5 January 1976.
Salaries and allowances of Judges of Family Court of Australia.
3. After section 13 of the Remuneration and Allowances Act 1973-1975 the following section is inserted in Part IV:—
“14. (1) The Chief Judge of the Family Court of Australia shall receive salary at the rate of $36,000 per annum and an annual allowance at the rate of $2,250 per annum.
“(2) Each Senior Judge of the Family Court of Australia shall receive salary at the rate of $35,000 per annum and an annual allowance at the rate of $ 1,750 per annum.
“(3) Each other Judge of the Family Court of Australia shall receive salary at the rate of $30,000 per annum and an annual allowance at the rate of $ 1,500 per annum.
“(4) Where the Chief Judge, a Senior Judge or another Judge of the Family Court of Australia travels to discharge the duties of his office, there is payable to him, in respect of each overnight stay, a travelling allowance of $42.
“(5) The provisions of this section are in substitution for the provisions of sub-sections 25(1), (2), (3) and (5) of the Family Law Act 1975 as in force at the commencement of this section.
“(6) In this section, ‘Chief Judge of the Family Court of Australia’ includes a Senior Judge of that Court for the time being performing the duties and exercising the powers of the Chief Judge of that Court.”.
Overview
The Remuneration and Allowances Amendment Act 1976 (C2004A01514) was enacted to address the need for updating the remuneration and allowances for Judges of the Family Court of Australia. This Act was passed by the Parliament of Australia and it amended the Remuneration and Allowances Act 1973-1975, providing specific provisions for the salaries and allowances of the Chief Judge, Senior Judges, and other Judges of the Family Court of Australia. The policy objective behind this amendment was to ensure that the remuneration for these judicial roles remained fair and reflective of their responsibilities, thereby maintaining the integrity and effectiveness of the Family Court. The Act was designed to bring the compensation in line with the current economic conditions and the demands of the judicial role.
Scope and Application
The Remuneration and Allowances Amendment Act 1976 applies to the remuneration and allowances payable to judges of the Family Court of Australia. It specifically addresses the salaries and allowances for the Chief Judge, Senior Judges, and other Judges within this court, ensuring they receive specified rates of pay and allowances for their duties. The Act operates at the Commonwealth level and its provisions are applicable nationwide as it pertains to federal judicial officers. It does not explicitly mention any exclusions or exemptions, but it effectively replaces prior provisions under the Family Law Act 1975 concerning the remuneration of these judges. The Act’s application can be further detailed or modified through subordinate instruments, allowing for adjustments to the rates of salary and allowances as necessary over time.
Key Provisions
The Remuneration and Allowances Amendment Act 1976 (sections 1-3) sets out the remuneration and allowances for judges of the Family Court of Australia. Specifically, section 14 inserted into Part IV of the Remuneration and Allowances Act 1973-1975 specifies that the Chief Judge of the Family Court of Australia shall receive an annual salary of $36,000 and an annual allowance of $2,250. Senior Judges will receive an annual salary of $35,000 and an annual allowance of $1,750. Other judges will receive an annual salary of $30,000 and an annual allowance of $1,500. Additionally, these judges will be paid a travel allowance of $42 for each overnight stay required to discharge their duties.
The Act imposes obligations on the relevant authorities to ensure that the specified remuneration and allowances are paid to the appropriate judges. The insertion of section 14 into the Remuneration and Allowances Act 1973-1975 means that these payments must be made in accordance with the provisions outlined in this new section, effectively replacing previous provisions under the Family Law Act 1975.
There are no explicit provisions in the Act detailing offences, penalties, or consequences for breach. However, it can be inferred that failure to comply with the stipulated remuneration and allowances could potentially lead to legal ramifications. This might involve civil action for non-payment or breaches of contractual obligations, depending on the specific circumstances and the applicable laws governing employment and public service remuneration in Australia. The precise penalties or consequences for such breaches would be determined by relevant labour or administrative law, rather than the Act itself.