Queensland Numbered Acts

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JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 42 - SECT 114

114 Amendment of sch 2 (Appointments)

(1) Schedule 2, part 1, section 1(4) and (5)--

renumber as section 1(5) and (6).

(2) Schedule 2, part 1, section 1--

insert--

'(4) If a relevant member performs the functions of the office of a member on a part-time basis under an appointment or agreement, the salary and allowances payable to the relevant member are worked out by multiplying the percentage of the part-time basis stated in the appointment or agreement by the salary and allowances payable to a member who performs the functions of the office on a full-time basis.

Example for subsection (4)--
The annual salary of a full-time member is $200000 and the allowances are $5000. The salary of a relevant member who is appointed on a 50% part-time basis will be $100000 and the allowances will be $2500.'.

(3) Schedule 2, part 1, section 1--

insert--

'(7) In this section--

relevant member means a member other than a president who is a Supreme Court judge.'.

(4) Schedule 2, part 1--

insert--

'(1) This section applies if a relevant member performs the functions of the office on a part-time basis under an appointment or agreement.

'(2) For the pensions Act, sections 3, 4 and 5, the period served by the relevant member is taken to be the total number of years, including any part of a year, that the person serves as a relevant member regardless of whether the person performs the functions of the office on a full-time or part-time basis.

'(3) For the pensions Act, sections 3, 4 and 5, the salary of the relevant member is taken to be the amount worked out using the formula--

where--

FTS means the salary under schedule 2, part 1, section 1 payable to a relevant member who performs the functions of the office on a full-time basis.

PS means the sum of the period served on a full-time basis and each period of equivalent full-time service of the relevant member.

TS means the total number of years, including any part of a year, that the person serves as a relevant member regardless of whether the person performs the functions of the office on a full-time or part-time basis.

Example of TS--
A person works as a commissioner full-time for 5 years 6 months and then works part-time on a 50% part-time basis for 5 years. The TS of the person is 10 1/2 years (5 1/2 years plus 5 years).

'(4) The amount of the salary of the relevant member worked out under subsection (3) is to be calculated to 2 decimal places and rounded up or down.

'(5) If the sum of the period served on a full-time basis and each period of equivalent full-time service for a relevant member is 10 years or more--

(a) subsection (3) does not apply to the relevant member for the pensions Act, sections 3, 4 and 5; and
(b) the salary of the relevant member for the pensions Act, sections 3, 4 and 5 is taken to be the salary under schedule 2, part 1, section 1 payable to a relevant member who performs the functions of the office on a full-time basis.

'(6) In this section--

equivalent full-time service, for each period of part-time service, means the period of service multiplied by the percentage stated in the appointment or agreement.

relevant member means a member other than a president who is a Supreme Court judge.'.

(5) Schedule 2, part 1, section 4(3)(a) to (c)--

omit, insert--

'(a) the Minister if the member is the president or a member holding appointment as ombudsman; or
(b) the president for any other member.'.

(6) Schedule 2, part 1, section 4A(1), 'vice president'--

omit, insert--

'a member holding appointment as ombudsman'.

(7) Schedule 2, part 1, section 4A(2), from 'a deputy'--

omit, insert--

'any other member on the terms the president considers appropriate.'.

(8) Schedule 2, part 1, section 4A(3)--

omit.

(9) Schedule 2, part 1, after section 4A--

insert--

'(1) If a relevant member performs the functions of the office of a member on a part-time basis under an appointment or agreement, the entitlement to leave of the relevant member is worked out by multiplying the percentage stated in the appointment or agreement by the entitlement to the leave of a relevant member who performs the functions of the office on a full-time basis.

'(2) In this section--

relevant member means a member other than a president who is a Supreme Court judge.'.

(10) Schedule 2, part 1A, section 4C(1) and (2), 'Governor in Council'--

omit, insert--

'Minister'.

(11) Schedule 2, part 1A, section 4C--

insert--

'(4) The Minister may delegate the Minister's function under this section to the chief executive.'.



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