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PARLIAMENT OF VICTORIA
Judicial Entitlements Bill 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
PART 2--JUDICIAL ENTITLEMENTS 9
Division 1--Judicial entitlements 9
4 Judicial entitlements to be authorised by law 9
5 Salary entitlements of judicial officers 9
6 Salary of reserve judicial officer--full time basis 11
7 Salary of reserve judicial officer--sessional rates 13
8 Salaries to be rounded to nearest whole dollar 15
9 Date salary adjustments take effect 15
10 Salary certificate 16
11 Conditions of service of judicial officers 16
12 Accrued sabbatical and long service leave 16
13 Accrued annual leave and long service leave--magistrates 17
Division 2--Salary sacrifice 17
14 Salary sacrifice arrangements 17
PART 3--JUDICIAL ENTITLEMENTS PANEL 19
Division 1--Establishment and membership 19
15 Establishment of Judicial Entitlements Panel 19
16 Functions of Panel 19
17 Membership of Panel 20
18 Chairperson of Panel 20
19 Terms and conditions of office 21
20 Vacancies, resignations and removal from office 21
21 Acting appointments 22
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Clause Page
Division 2--Procedure of the Panel 23
22 Meetings of the Panel 23
23 Persons to assist the Panel 24
24 Validity of decisions 24
PART 4--RECOMMENDATIONS OF THE PANEL AND
ADVISORY OPINIONS 25
Division 1--Own motion recommendations 25
25 Panel may make own motion recommendations 25
26 Panel to report own motion recommendations to Attorney-
General 25
Division 2--Advisory opinions 26
27 Attorney-General may request advisory opinion 26
28 Panel must inquire into subject matter of request for advisory
opinion 27
29 Panel to report advisory opinion to Attorney-General 27
Division 3--General requirements for own motion
recommendations and advisory opinions 27
30 Panel to invite certain submissions 27
31 Panel must take certain factors into account 28
32 Reasons 29
33 Tabling before Parliament of reports 30
34 Tabling of recommendation statement 31
35 Entitlement certificates 31
36 Publication of entitlement certificate in Government Gazette 33
PART 5--GENERAL 34
37 Register 34
38 Attorney-General to include documents in register as soon as
practicable after specified events 34
39 Request for advisory opinion may be excluded from register
or on register in redacted form 35
40 Regulations 36
PART 6--REPEALS AND TRANSITIONAL PROVISIONS 37
41 Repeal of Judicial Salaries Act 2004 37
42 Repeal of Judicial Remuneration Tribunal Act 1995 37
43 Certificates under section 15 of the Judicial Remuneration
Tribunal Act 1995 38
44 Pre-existing salary sacrifice arrangements 38
45 Certain offices referred to in Judicial Salaries Act 2004 39
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Clause Page
46 Panel to report as soon as practicable and within 12 months
of establishment 39
47 Regulations dealing with transitional matters 40
PART 7--AMENDMENT OF THE CONSTITUTION ACT 1975 41
48 Heading to section 81F amended 41
49 Remuneration and entitlements of reserve Judge 41
50 Appropriation of certain amounts in relation to reserve Judges 42
51 Salaries, allowances and pensions of Judges of the Supreme
Court 42
52 As to pensions of Judges of the Supreme Court and their
partners and children 43
53 Salaries of Associate Judges 45
54 Remuneration and allowances of reserve Associate Judges 46
55 Appropriation of certain amounts in relation to reserve
Associate Judges 47
PART 8--AMENDMENT OF THE SUPREME COURT
ACT 1986 48
56 Pension entitlements of Associate Judges, their partners
and children 48
57 Remuneration and terms and conditions of appointment 50
PART 9--AMENDMENT OF THE COUNTY COURT
ACT 1958 52
58 Salaries and allowances of the Chief Judge and other judges 52
59 Remuneration and entitlements of reserve judge 53
60 Appropriation of certain amounts in relation to reserve
judges 54
61 Provision for pensions to County Court judges and their
partners 54
62 Salaries and allowances of associate judges 55
63 Pension entitlements of associate judges, their partners and
children 56
64 Remuneration and allowances of reserve associate judges 58
65 Appropriation of certain amounts in relation to reserve
associate judges 58
66 Remuneration and terms and conditions of appointment 59
PART 10--AMENDMENT OF THE MAGISTRATES' COURT
ACT 1989 61
67 Definitions 61
68 Termination of part-time service arrangement 61
69 Power to complete matters--magistrates and reserve
magistrates 61
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70 Salaries 62
71 Pension of Chief Magistrate 62
72 Terms and conditions of appointment 62
73 Part 1 of Schedule 1 amended 63
74 Part 2 of Schedule 1 amended 65
PART 11--CONSEQUENTIAL AMENDMENT OF OTHER
ACTS AND REPEAL OF AMENDING PARTS OF THIS ACT 67
Division 1--Amendment of Children, Youth and Families Act 2005 67
75 Remuneration and terms and conditions of appointment 67
Division 2--Amendment of Coroners Act 2008 68
76 Deputy State Coroner 68
77 Appointment of coroners 69
78 Remuneration and terms and conditions of appointment 70
79 Remuneration and allowances of reserve coroners 71
80 Appropriation of certain amounts in relation to reserve
coroners 72
Division 3--Judicial Remuneration Tribunal Act 1995 73
81 New sections 16 to 19 inserted 73
16 Validation of long service leave entitlements and
Attorney-General's certificate 1/2008 73
17 Accrued sabbatical and long service leave 74
18 Accrued annual leave and long service leave--
magistrates 75
19 Validation and authorisation of certain payments out 75
Division 4--Repeal of amending Parts 76
82 Repeal of amending Parts 76
ENDNOTES 77
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Judicial Entitlements Bill 2014
A Bill for an Act to modernise the processes and structures for
determining salaries, allowances and conditions of service for judicial
officers, to repeal the Judicial Salaries Act 2004 and the Judicial
Remuneration Tribunal Act 1995, to make consequential and
miscellaneous amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to modernise the processes and structures for
5 determining salaries, allowances and
conditions of service for judicial officers in a
manner that recognises and maintains
judicial independence; and
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(b) to repeal the Judicial Salaries Act 2004 and
the Judicial Remuneration Tribunal Act
1995; and
(c) to make consequential and miscellaneous
5 amendments to other Acts.
2 Commencement
(1) This Part, sections 50, 52(2), (3), (4) and (5), 55,
Part 8, sections 60, 61, 62(8), 63, 65, 66, 67, 68,
69, 71, 72, 74(5) and Part 11 (except sections
10 76(1) and 79) of this Act come into operation on
the day after 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
15 day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 March 2015, it comes into
operation on that day.
3 Definitions
20 In this Act--
advisory opinion means an opinion of the Panel
given under Division 2 of Part 4;
associate judge of the County Court means a
person appointed under section 17A of the
25 County Court Act 1958;
Associate Judge of the Supreme Court means an
Associate Judge appointed under section 104
of the Supreme Court Act 1986 and
referred to in section 75(4) of the
30 Constitution Act 1975;
chairperson means the person appointed under
section 18;
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conditions of service means the following--
(a) leave entitlements, including--
(i) annual leave;
(ii) personal and carer's leave;
5 (iii) parental leave;
(iv) special leave;
(v) additional annual leave
arrangements, including
purchased leave schemes;
10 Example
48/52 schemes.
(vi) long service leave, including
sabbatical leave;
(vii) recognition of prior service for
15 long service leave purposes;
(b) the payment out of accrued leave or the
transferring or carrying over of accrued
leave from previous judicial office or
other public office;
20 (c) allowances;
(d) benefits provided to or on behalf of a
judicial officer, whether monetary or
not--
but does not include salary, pensions and
25 superannuation;
entitlement means the following--
(a) conditions of service;
(b) salary;
(c) pension and superannuation;
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entitlement certificate means--
(a) in relation to an own motion
recommendation, a certificate issued
under section 35(1);
5 (b) in relation to an advisory opinion, a
certificate issued under section 35(3);
Federal Court Judge means a Judge of the
Federal Court other than the Chief Justice of
the Federal Court;
10 Federal Remuneration Tribunal means the
Remuneration Tribunal established under the
Remuneration Tribunal Act 1973 of the
Commonwealth;
Judge of Appeal means a person referred to in
15 section 75(3)(c) of the Constitution Act
1975;
judicial officer means the following--
(a) the Chief Justice;
(b) the President of the Court of Appeal;
20 (c) a Judge of Appeal, other than the Chief
Justice or the President of the Court of
Appeal;
(d) a Supreme Court Judge;
(e) an Associate Judge of the Supreme
25 Court;
(f) a reserve Judge of the Supreme Court;
(g) a reserve Associate Judge of the
Supreme Court;
(h) the Chief Judge;
30 (i) a judge of the County Court, other than
the Chief Judge;
(j) an associate judge of the County Court;
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(k) a reserve judge of the County Court;
(l) a reserve associate judge of the County
Court;
(m) the Chief Magistrate;
5 (n) a Deputy Chief Magistrate;
(o) the Deputy State Coroner;
(p) a magistrate other than the Chief
Magistrate or a Deputy Chief
Magistrate;
10 (q) a reserve magistrate;
(r) a reserve coroner;
judicial registrar means--
(a) in the case of the Supreme Court, a
judicial registrar within the meaning of
15 the Supreme Court Act 1986;
(b) in the case of the County Court, a
judicial registrar within the meaning of
the County Court Act 1958;
(c) in the case of the Magistrates' Court, a
20 judicial registrar within the meaning of
the Magistrates' Court Act 1989;
(d) in the case of the Children's Court, a
judicial registrar within the meaning of
the Children, Youth and Families Act
25 2005;
(e) in the case of the Coroners Court, a
judicial registrar within the meaning of
the Coroners Act 2008;
member means member of the Panel;
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non-judicial member of VCAT means a member
of VCAT other than the President of VCAT
or a Vice President of VCAT;
non-salary benefits has the same meaning as in
5 clause 3(5) and (6) of Schedule 1A to the
Public Administration Act 2004;
own motion recommendation means a
recommendation of the Panel made under
Division 1 of Part 4;
10 Panel means the Judicial Entitlements Panel
established under section 15;
part-time service arrangement--
(a) in relation to a Judge or an Associate
Judge of the Supreme Court, has the
15 same meaning as it has in the
Constitution Act 1975;
(b) in relation to a judge or an associate
judge of the County Court, has the
same meaning as it has in the County
20 Court Act 1958;
(c) in relation to a magistrate, has the same
meaning as it has in the Magistrates'
Court Act 1989;
President of the Court of Appeal means a person
25 referred to in section 75(3)(b) of the
Constitution Act 1975;
public service body Head has the same meaning
as it has in the Public Administration Act
2004;
30 recommendation statement means a statement of
the Attorney-General under section 34;
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register means the register established and
maintained under section 37;
reserve associate judge of the County Court
means a reserve associate judge within the
5 meaning of the County Court Act 1958
engaged under section 17KC of that Act to
undertake the duties of an associate judge of
the court;
reserve Associate Judge of the Supreme Court
10 means a reserve Associate Judge within the
meaning of the Constitution Act 1975
engaged under section 105D of the Supreme
Court Act 1986 to undertake the duties of an
Associate Judge;
15 reserve coroner means a reserve coroner within
the meaning of the Coroners Act 2008
engaged under section 102L of that Act to
undertake the duties of a coroner;
reserve judge of the County Court means a
20 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;
reserve Judge of the Supreme Court means a
25 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;
reserve magistrate means a reserve magistrate
30 within the meaning of the Magistrates'
Court Act 1989 engaged under section 9C
of that Act to undertake the duties of a
magistrate;
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reserve judicial officer means--
(a) a reserve Judge of the Supreme Court;
(b) a reserve Associate Judge of the
Supreme Court;
5 (c) a reserve judge of the County Court;
(d) a reserve associate judge of the County
Court;
(e) a reserve magistrate;
(f) a reserve coroner;
10 salary certificate means a certificate issued under
section 10;
salary table means the table to section 5;
salary of a Federal Court Judge means the salary
payable from time to time to that Judge
15 under section 9 of the Federal Court of
Australia Act 1976 of the Commonwealth;
salary of a Supreme Court Judge means the
salary fixed from time to time under
section 5(1);
20 Secretary means the Secretary to the Department
of Justice;
Supreme Court Judge means a Judge of the Court
referred to in section 75(3) of the
Constitution Act 1975 other than the
25 following--
(a) the Chief Justice;
(b) the President of the Court of Appeal;
(c) a Judge of Appeal.
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PART 2--JUDICIAL ENTITLEMENTS
Division 1--Judicial entitlements
4 Judicial entitlements to be authorised by law
(1) A judicial officer is entitled to the salary in respect
5 of that office determined by or under this Act.
(2) A judicial officer is entitled to the allowances in
respect of that office determined--
(a) by or under this Act; or
(b) by any other law.
10 (3) A judicial officer is entitled to the conditions of
service in respect of that office determined--
(a) by or under this Act; or
(b) by any other law.
(4) In this section, any other law includes a
15 Commonwealth Act.
5 Salary entitlements of judicial officers
(1) A Supreme Court Judge is entitled to be paid a
salary at the same rate as the salary of a Federal
Court Judge payable from time to time.
20 Note
See also section 9 regarding timing of adjustments to salary.
(2) A judicial officer (other than a reserve judicial
officer) specified in Column 1 of the salary table
is entitled to be paid a salary at the percentage of
25 the salary of a Supreme Court Judge specified for
that judicial officer in Column 2 of the salary
table.
Note
See sections 6 and 7 for salaries of reserve judicial officers.
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(3) A judicial officer (other than a reserve judicial
officer) to whom a part-time service arrangement
applies is entitled to be paid--
(a) in the case of a Supreme Court Judge, a pro-
5 rata salary of the salary of a Supreme Court
Judge; and
(b) in the case of a judicial officer specified in
Column 1 of the salary table, a pro-rata
salary of the percentage of the salary of a
10 Supreme Court Judge specified for that
judicial officer in Column 2 of the salary
table.
Table of percentages of salary of Supreme Court Judge
Column 1 Column 2
Percentage of
salary of Supreme
Item Judicial officer Court Judge
1 Chief Justice 11286%
2 President of the Court of Appeal 10664%
3 Judge of Appeal, other than the Chief Justice
or the President of the Court of Appeal 10332%
4 Associate Judge of the Supreme Court who is
the Senior Master 8900%
5 Registrar of the Court of Appeal other than
when that office is or was held by a judicial
registrar of the Supreme Court 8900%
6 Associate Judge of the Supreme Court other
than an Associate Judge referred to in item 4,
5 or 7 of this Table 8465%
7 Associate Judge of the Supreme Court who is
or was a Specialist Supreme Court Master 8050%
8 Chief Judge 10000%
9 Judge of the County Court other than the
Chief Judge 8664%
10 Associate judge or master of the County Court 8465%
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Column 1 Column 2
Percentage of
salary of Supreme
Item Judicial officer Court Judge
11 Chief Magistrate 8664%
12 Deputy Chief Magistrate 7365%
13 Deputy State Coroner 7365%
14 Magistrate other than the Chief Magistrate or
a Deputy Chief Magistrate 6929%
6 Salary of reserve judicial officer--full time basis
(1) Subject to subsection (2), each reserve judicial
officer engaged to undertake duties on a full time
basis is entitled to be paid a salary in accordance
5 with the rate for the time being applicable under
the salary table as follows--
(a) in the case of a reserve Judge of the Supreme
Court--
(i) to the holder of the office of Judge of
10 Appeal other than on a reserve basis
(other than the Chief Justice or the
President of the Court of Appeal) if the
reserve Judge--
(A) was a Judge of Appeal
15 immediately before the Judge of
Appeal's commission ceased
under section 77(4)(a), (b), (c), (d)
or (e) of the Constitution Act
1975; or
20 (B) is engaged under section 81B of
that Act to undertake the duties of
a Judge of Appeal; or
(ii) in any other case, to the holder of the
office of Supreme Court Judge other
25 than on a reserve basis;
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(b) in the case of a reserve Associate Judge of
the Supreme Court--
(i) to the holder of the office of Senior
Master of the Supreme Court other than
5 on a reserve basis if the reserve
Associate Judge--
(A) was the Senior Master
immediately before the person
retired or resigned; or
10 (B) is engaged under section 105D of
the Supreme Court Act 1986 to
undertake the duties of the Senior
Master;
(ii) in any other case, to an Associate Judge
15 referred to in item 6 of the salary table;
(c) in the case of a reserve judge of the County
Court, to the holder of that office (other than
the Chief Judge) on other than a reserve
basis;
20 (d) in the case of a reserve associate judge of the
County Court, to the holder of that office on
other than a reserve basis;
(e) in the case of a reserve magistrate, to the
holder of that office (other than the Chief
25 Magistrate and a Deputy Chief Magistrate)
on other than a reserve basis;
(f) in the case of reserve coroner, to the holder
of the office of magistrate (other than the
Chief Magistrate or a Deputy Chief
30 Magistrate) on other than a reserve basis.
(2) If a reserve judicial officer engaged to undertake
duties on a full time basis is entitled to--
(a) a non-contributory pension under a relevant
Act within the meaning of section 16A of the
35 State Superannuation Act 1988; or
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(b) because the person has held a public office in
another jurisdiction, a non-contributory
pension under any other law--
the amount of pension to which the reserve
5 judicial officer is entitled must be deducted from
the salary payable to that reserve judicial officer
under subsection (1).
7 Salary of reserve judicial officer--sessional rates
(1) Subject to subsection (2), each reserve judicial
10 officer engaged to undertake duties on a sessional
basis is entitled to be paid a salary at the sessional
rate per sitting day which is--
(a) in the case of a reserve Judge of the Supreme
Court--
15 (i) 1/235th of the salary of the holder of
the office of Judge of Appeal (other
than the Chief Justice or the President
of the Court of Appeal) who is not a
reserve Judge if the reserve Judge--
20 (A) was a Judge of Appeal
immediately before the Judge of
Appeal's commission ceased
under section 77(4)(a), (b), (c), (d)
or (e) of the Constitution Act
25 1975; or
(B) is engaged under section 81B of
that Act to undertake the duties of
a Judge of Appeal;
(ii) in any other case, 1/235th of the salary
30 of a Supreme Court Judge who is not a
reserve Judge;
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(b) in the case of a reserve Associate Judge of
the Supreme Court--
(i) 1/235th of the salary of an Associate
Judge who is the Senior Master who is
5 not a reserve Associate Judge if the
reserve Associate Judge--
(A) was the Senior Master
immediately before the person
retired or resigned; or
10 (B) is engaged under section 105D of
the Supreme Court Act 1986 to
undertake the duties of the Senior
Master;
(ii) in any other case, 1/235th of the salary
15 of an Associate Judge referred to in
item 6 of the salary table who is not a
reserve Associate Judge;
(c) in the case of a reserve judge of the County
Court, 1/235th of the salary of a judge of the
20 County Court (other than the Chief Judge)
who is not a reserve judge;
(d) in the case of a reserve associate judge of the
County Court, 1/235th of the salary of an
associate judge of the County Court who is
25 not a reserve associate judge;
(e) in the case of a reserve magistrate, 1/235th of
the salary of a magistrate (other than the
Chief Magistrate and the Deputy Chief
Magistrates) who is not a reserve magistrate;
30 (f) in the case of a reserve coroner, 1/235th of
the salary of a magistrate (other than the
Chief Magistrate and the Deputy Chief
Magistrates) who is not a reserve magistrate.
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(2) A reserve judicial officer engaged to undertake
duties on a sessional basis who is entitled to--
(a) a non-contributory pension under a relevant
Act within the meaning of section 16A of the
5 State Superannuation Act 1988; or
(b) because the person has held a public office in
another jurisdiction, a non-contributory
pension under any other law--
must be paid a salary at the sessional rate per
10 sitting day which is calculated in accordance with
the following formula--
P
S-
235
where--
S means the sessional rate for the time being
15 applicable under subsection (1) to the reserve
judicial officer;
P means the annual pension to which the
reserve judicial officer is entitled that is
referred to in paragraph (a) or (b).
20 8 Salaries to be rounded to nearest whole dollar
(1) The salary of a judicial officer determined under
section 5, 6 or 7 is to be rounded up or down to
the nearest whole dollar.
(2) If the amount by which the salary is to be rounded
25 is 50 cents, it is to be rounded up to the nearest
whole dollar.
9 Date salary adjustments take effect
Any adjustment of the salary of a Supreme Court
Judge only takes effect on the later of--
30 (a) if an adjustment of the salary of a Federal
Court Judge takes effect and the relevant
determination of the Federal Remuneration
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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
5 Commonwealth, the beginning of the day
after the last day on which either House of
that Parliament could have passed a
resolution in respect of that determination; or
(b) the date on which that relevant determination
10 of the Federal Remuneration Tribunal takes
effect.
10 Salary certificate
(1) The Attorney-General must issue a salary
certificate specifying--
15 (a) the salary of a Supreme Court Judge; and
(b) the salaries of the judicial officers specified
in the salary table; and
(c) the sessional rates per sitting day of reserve
judicial officers.
20 (2) A salary certificate must be issued as soon as
practicable after any adjustment to the salaries or
sessional rates referred to in subsection (1) takes
effect.
11 Conditions of service of judicial officers
25 A judicial officer is entitled to the conditions of
service provided for in any entitlement certificate
applicable to that office.
12 Accrued sabbatical and long service leave
(1) This section applies to the following judicial
30 officers (other than a reserve judicial officer)--
(a) a Judge of the Supreme Court, including the
Chief Justice, the President of the Court of
Appeal and a Judge of Appeal;
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(b) an Associate Judge of the Supreme Court;
(c) a judge of the County Court, including the
Chief Judge;
(d) an associate judge of the County Court.
5 (2) A judicial officer to whom this section applies is
entitled on the resignation, retirement or death of
that judicial officer to payment out of the accrued
sabbatical and long service leave entitlements
(if any) in respect of the judicial officer not
10 exceeding a period of 12 months.
13 Accrued annual leave and long service leave--
magistrates
A magistrate (other than a reserve magistrate) is
entitled on the resignation, retirement or death of
15 that magistrate to payment out of any accrued
annual leave and long service leave entitlements
in respect of the magistrate.
Division 2--Salary sacrifice
14 Salary sacrifice arrangements
20 (1) A judicial officer, by notice in writing to the
Attorney-General, may enter into an arrangement
under which the judicial officer agrees to receive
the whole or part of the judicial officer's total
amount of future salary as a judicial officer
25 (whether or not payable at a sessional rate) as
non-salary benefits of an equivalent value.
(2) A notice under subsection (1) must specify a date
from which the arrangement is to take effect
which must be--
30 (a) the date on which the notice is given; or
(b) a later date.
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(3) A judicial officer may vary or revoke a notice
given under subsection (1) by notice in writing to
the Attorney-General.
(4) The notice of variation or revocation must specify
5 a date from which the variation or revocation is to
take effect which must be--
(a) the date on which the notice is given; or
(b) a later date.
(5) Nothing in this section authorises the salaries or
10 the aggregate value of the allowances payable to a
judicial officer to be reduced.
(6) An arrangement referred to in this section does
not constitute, and is deemed never to have
constituted, a reduction in the salary or the
15 aggregate value of the allowances of a judicial
officer who enters or entered into the
arrangement.
(7) This section does not apply to--
(a) a Judge of the Supreme Court who made an
20 election under section 80A of the
Constitution Act 1975 before the
commencement of section 3 of the Courts
Legislation (Judicial Appointments and
Other Amendments) Act 2005; or
25 (b) a judge of the County Court who made an
election under section 13A of the County
Court Act 1958 as in force immediately
before the commencement of section 7 of the
Courts Legislation (Judicial
30 Appointments and Other Amendments)
Act 2005.
__________________
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Part 3--Judicial Entitlements Panel
s. 15
PART 3--JUDICIAL ENTITLEMENTS PANEL
Division 1--Establishment and membership
15 Establishment of Judicial Entitlements Panel
The Judicial Entitlements Panel is established.
5 16 Functions of Panel
(1) The functions of the Panel are--
(a) to make own motion recommendations to the
Attorney-General in relation to the
conditions of service of judicial officers; and
10 (b) to provide advisory opinions to the Attorney-
General in relation to the entitlements of
judicial officers, judicial registrars and
non-judicial members of VCAT; and
(c) to provide advisory opinions to the Attorney-
15 General in relation to any matter relating to
the terms and conditions of office of judicial
officers, judicial registrars and non-judicial
members of VCAT, including any
restrictions applying in relation to any of
20 those offices.
(2) The Panel has any other functions conferred on it
by or under this Act or any other Act.
(3) The Panel must act in an independent, impartial
and timely manner in carrying out its functions.
25 (4) Subject to this Act, in the performance of its
functions, the Panel--
(a) may inform itself in any manner it thinks fit;
and
(b) is not bound by the rules of evidence.
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Part 3--Judicial Entitlements Panel
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17 Membership of Panel
(1) The Panel consists of 3 members appointed by the
Governor in Council on the recommendation of
the Attorney-General.
5 (2) The members appointed to the Panel must be
persons who the Attorney-General considers have
expertise and experience relevant to the functions
of the Panel.
(3) Before making a recommendation for appointment
10 of a member under subsection (1), the Attorney-
General must consult with the Chief Justice.
(4) The following persons are not eligible for
appointment as a member--
(a) a person who holds or has held--
15 (i) judicial office in Victoria; or
(ii) a Commonwealth judicial office; or
(iii) judicial office in any other State or a
Territory;
(b) a person who holds or has held an office
20 referred to in paragraph (a) on an acting or
reserve basis;
(c) a person who holds or has held an office or a
position as a judicial registrar or a non-
judicial member of VCAT;
25 (d) a person employed under Part 3 of the
Public Administration Act 2004;
(e) a person who is an insolvent under
administration.
18 Chairperson of Panel
30 The Governor in Council must appoint one of the
members to be the chairperson of the Panel.
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Part 3--Judicial Entitlements Panel
s. 19
19 Terms and conditions of office
(1) A member holds office--
(a) for a term not exceeding 4 years specified in
the member's instrument of appointment; and
5 (b) subject to this Act, on the terms and
conditions specified in the member's
instrument of appointment.
(2) Subject to this Act, a member is entitled to be paid
remuneration, allowances and expenses
10 determined by the Governor in Council and
specified in the member's instrument of
appointment.
(3) A member is eligible for reappointment.
(4) The Public Administration Act 2004 (other than
15 Part 3 of that Act) applies to a member of the
Panel in respect of the office of member.
20 Vacancies, resignations and removal from office
(1) The office of a member becomes vacant if the
member--
20 (a) is appointed--
(i) to judicial office in Victoria; or
(ii) to a Commonwealth judicial office; or
(iii) to judicial office in any other State or a
Territory; or
25 (b) becomes the holder of an office referred to in
paragraph (a) on an acting or reserve basis;
or
(c) is appointed as a judicial registrar or a non-
judicial member of VCAT; or
30 (d) is employed under Part 3 of the Public
Administration Act 2004; or
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Part 3--Judicial Entitlements Panel
s. 21
(e) becomes an insolvent under administration;
or
(f) is found guilty or convicted of an indictable
offence or an offence which, if committed in
5 Victoria, would be an indictable offence; or
(g) resigns the office of member; or
(h) is removed from office under subsection (3).
(2) A member may resign by delivering a signed
letter of resignation to the Attorney-General.
10 (3) Subject to subsection (4), on the recommendation
of the Attorney-General, the Governor in Council
may remove a member from office.
(4) The Attorney-General must not make a
recommendation under subsection (3) unless the
15 Attorney-General is of the opinion that the
member--
(a) is or has been absent from 3 consecutive
meetings of the Panel without the prior leave
of the Panel or without reasonable excuse; or
20 (b) is or has been engaging in improper conduct;
or
(c) neglects the member's duty as a member; or
(d) is unable to perform the functions and duties
of the office for any reason; or
25 (e) is otherwise unfit to hold office.
21 Acting appointments
(1) The Attorney-General may appoint a person to act
in the place of the chairperson or another member
who--
30 (a) is absent; or
(b) for any other reason is unable to perform the
duties of the office.
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Part 3--Judicial Entitlements Panel
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(2) An acting appointment is--
(a) for the term determined by the Attorney-
General; and
(b) on the conditions determined by the
5 Attorney-General, including any conditions
as to payment of remuneration, allowances
and expenses.
(3) A person appointed under subsection (1) to act has
all the powers and may perform all the duties of
10 the member for whom the person is acting.
(4) The Attorney-General may terminate an acting
appointment at any time.
Division 2--Procedure of the Panel
22 Meetings of the Panel
15 (1) The chairperson may convene meetings of the
Panel.
(2) At the request of the Attorney-General, the
chairperson must convene a meeting of the Panel.
(3) The chairperson must preside at all meetings of
20 the Panel.
(4) At a meeting of the Panel--
(a) the procedure is as determined by the Panel;
and
(b) the quorum is 2 members, one of whom must
25 be the chairperson; and
(c) all questions must be decided by a majority
of votes of the members present and voting.
(5) Subject to this Act, the Panel may otherwise
regulate its own proceedings.
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23 Persons to assist the Panel
(1) If the Panel thinks fit, the Panel may appoint a
person or persons to assist the Panel in an inquiry
in relation to any own motion recommendation or
5 advisory opinion.
(2) A person appointed under subsection (1) is
entitled to the remuneration (if any) determined
from time to time by the Secretary.
24 Validity of decisions
10 An act or a decision of the Panel, including an
own motion recommendation or an advisory
opinion, is not invalid--
(a) by reason only of--
(i) a defect or irregularity in, or in
15 connection with, the appointment of the
Chairperson or an acting Chairperson
or a member or an acting member; or
(ii) a vacancy in the office of a member; or
(b) on the ground that the occasion for an acting
20 Chairperson or acting member to act had not
arisen or had ceased; or
(c) by reason of the Panel failing to comply with
any procedural requirement in relation to the
making of the own motion recommendation
25 or the giving of the advisory opinion.
__________________
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Part 4--Recommendations of the Panel and Advisory Opinions
s. 25
PART 4--RECOMMENDATIONS OF THE PANEL AND
ADVISORY OPINIONS
Division 1--Own motion recommendations
25 Panel may make own motion recommendations
5 (1) The Panel may make a recommendation to the
Attorney-General on the Panel's own motion in
relation to conditions of service of judicial
officers, including different conditions of service
for different offices.
10 (2) The Panel may make an own motion
recommendation--
(a) to create new conditions of service; or
(b) to adjust existing conditions of service; or
(c) to abolish or consolidate existing conditions
15 of service.
(3) The Panel must not make an own motion
recommendation in relation to conditions of
service that are inconsistent with any other Act or
subordinate legislation.
20 26 Panel to report own motion recommendations to
Attorney-General
(1) The Panel must report any own motion
recommendations it makes to the Attorney-
General.
25 (2) A report under subsection (1)--
(a) must be made at least once every 4 years;
and
Note
See section 46 regarding transitional report
30 requirements.
(b) may be made at more frequent intervals if
the Panel considers it necessary or desirable
to do so.
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Part 4--Recommendations of the Panel and Advisory Opinions
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(3) The Panel must provide a copy of a report under
subsection (1) to--
(a) the head of jurisdiction of any judicial officer
who may be affected by the own motion
5 recommendation; and
(b) the Chief Justice.
Division 2--Advisory opinions
27 Attorney-General may request advisory opinion
(1) The Attorney-General may request the Panel to
10 give an advisory opinion in relation to the
following matters for judicial officers, judicial
registrars and non-judicial members of VCAT--
(a) entitlements;
(b) terms and conditions of office, including any
15 restrictions applying in relation to any of
those offices.
(2) An advisory opinion may be requested in relation
to any of the following--
(a) a judicial office;
20 (b) an office of judicial registrar;
(c) an office of a non-judicial member of
VCAT;
(d) a person who holds an office referred to in
paragraphs (a) to (c).
25 (3) A request for an advisory opinion--
(a) must be in writing; and
(b) may set out any factors the Attorney-General
wishes to be taken into account by the Panel
in giving the advisory opinion; and
30 (c) may include a timeframe by which the Panel
must give the advisory opinion.
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28 Panel must inquire into subject matter of request
for advisory opinion
On receiving a request for an advisory opinion
from the Attorney-General, the Panel must inquire
5 into the subject matter of the request for an
advisory opinion.
29 Panel to report advisory opinion to Attorney-
General
(1) The Panel must report to the Attorney-General on
10 any advisory opinion it gives--
(a) within the time specified by the Attorney-
General in the request under section 27; or
(b) if no time is specified in the request, within
the time required by the Attorney-General;
15 or
(c) if no time is specified in accordance with
paragraph (a) or (b), within a reasonable
time.
(2) The Panel must provide a copy of a report under
20 subsection (1) to--
(a) the head of jurisdiction of any judicial officer
who may be affected by the advisory
opinion; and
(b) the Chief Justice.
25 Division 3--General requirements for own motion
recommendations and advisory opinions
30 Panel to invite certain submissions
(1) Before the Panel makes an own motion
recommendation or gives an advisory opinion, the
30 Panel, in writing, must invite a public service
body Head nominated by the Minister to make a
submission to the Panel providing--
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s. 31
(a) information about relevant economic and
remuneration factors in Victoria; and
(b) any other relevant information that the
nominated public service body Head
5 considers appropriate.
(2) Subject to subsection (4), before the Panel makes
an own motion recommendation or gives an
advisory opinion, the Panel must write to the head
of jurisdiction of any judicial officers who may be
10 affected by the own motion recommendation or
the advisory opinion, as the case requires.
(3) A written notification from the Panel under
subsection (2) must request the relevant head of
jurisdiction to notify the affected judicial officers
15 that written submissions may be made to the Panel
in relation to the matter under consideration.
(4) In the case of an advisory opinion, if the Attorney-
General has determined that the request for the
advisory opinion is of a personal or confidential
20 nature and the Panel has been requested to give an
advisory opinion about a named person or named
persons, the Panel must write to the person or
those persons inviting the person or persons to
make a written submission to the Panel.
25 (5) The Panel must consider any submission made to
the Panel--
(a) on its merits; and
(b) in an expeditious manner.
31 Panel must take certain factors into account
30 (1) In making an own motion recommendation, the
Panel must take into account the following--
(a) the importance of the judicial function to the
community;
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(b) the need to maintain the standing of the
judiciary in the community;
(c) the need to attract and retain suitably
qualified candidates to judicial office;
5 (d) the level and nature of conditions of service
of judicial officers in other Australian
jurisdictions;
(e) movement in the Consumer Price Index;
(f) the level and nature of conditions in other
10 public offices in Victoria;
(g) how any proposed own motion
recommendation affects the total
remuneration packages of judicial officers;
(h) relevant economic and remuneration factors
15 in Victoria, including the capacity of the
State to meet any proposal for more generous
conditions of service;
(i) any other relevant matter.
(2) In giving an advisory opinion, the Panel must take
20 into account--
(a) the factors specified in subsection (1), to the
extent that those factors are relevant; and
(b) any factors set out in the Attorney-General's
request for the advisory opinion.
25 32 Reasons
(1) This section applies if the Panel has invited
submissions on a subject which it is considering
for an own motion recommendation or an
advisory opinion.
30 (2) If the Panel makes an own motion
recommendation or gives an advisory opinion on a
subject to which this section applies, when
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Part 4--Recommendations of the Panel and Advisory Opinions
s. 33
making its report, the Panel must give its
reasons--
(a) for the recommendation or opinion; or
(b) for not making the recommendation or
5 giving the opinion.
33 Tabling before Parliament of reports
(1) Subject to subsection (3), the Attorney-General
must cause a copy of the report of an own motion
recommendation to be laid before each House of
10 the Parliament within 10 sitting days after the
Attorney-General receives the report.
(2) Subject to subsection (3), the Attorney-General
must cause a copy of the report of an advisory
opinion to be laid before each House of the
15 Parliament within 10 sitting days after the
Attorney-General receives the report.
(3) If the Attorney-General is of the opinion, that a
report referred to in subsection (1) or (2) contains
personal or confidential information which it is
20 not appropriate to make public, the Attorney-
General may--
(a) in the case of a report of an advisory opinion,
not lay the report before each House of the
Parliament; or
25 (b) not include the personal or confidential
information in the copy of the report to be
laid before each House of the Parliament
under subsection (1) or (2) and lay the copy
of the report in a redacted form before each
30 House of the Parliament.
(4) The Attorney-General may make a determination
under subsection (3) in the Attorney-General's
absolute discretion.
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(5) If the Attorney-General lays before each House of
the Parliament a report in a redacted form, the
Attorney-General must advise each House of the
Parliament that the report is in a redacted form.
5 34 Tabling of recommendation statement
(1) The Attorney-General must cause a statement to
be laid before each House of the Parliament in
relation to any own motion recommendation
specifying--
10 (a) whether the Attorney-General intends to
accept, vary or accept only part of the own
motion recommendation; and
(b) if the Attorney-General does not accept the
own motion recommendation give reasons
15 for the non-acceptance.
(2) If the Attorney-General intends to vary an own
motion recommendation or accept only part of an
own motion recommendation, the
recommendation statement must give the
20 Attorney-General's reasons for varying the own
motion recommendation or accepting only part of
the own motion recommendation.
(3) A recommendation statement must be laid before
each House of the Parliament by no later than the
25 first sitting day after 4 months from the tabling of
the own motion recommendation report under
section 33.
35 Entitlement certificates
(1) After receiving a report of an own motion
30 recommendation from the Panel, the Attorney-
General must issue an entitlement certificate if the
recommendation statement in relation to that own
motion recommendation states that the Attorney-
General intends to--
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Part 4--Recommendations of the Panel and Advisory Opinions
s. 35
(a) accept the own motion recommendation; or
(b) vary or accept only part of the own motion
recommendation.
(2) An entitlement certificate in relation to an own
5 motion recommendation creates an entitlement
under this Act in accordance with the terms of that
certificate.
Note
Section 3(2)(c) of the Subordinate Legislation Act 1994
10 provides that an instrument of appointment or an instrument
which changes conditions or terms of appointment is an
instrument of purely administrative character for the
purposes of that Act.
(3) After receiving a report of an advisory opinion
15 from the Panel, if any recommendation in the
advisory opinion is a recommendation which
could have been the subject of an own motion
recommendation, the Attorney-General may issue
an entitlement certificate which creates an
20 entitlement under this Act in accordance with the
terms of that certificate.
(4) An entitlement certificate--
(a) must specify the date from which the
entitlement takes effect, which may be--
25 (i) the date that the certificate is issued by
the Attorney-General; or
(ii) a date that is earlier or later than the
date that the certificate is issued; and
(b) may apply, adopt or incorporate any matter
30 contained in any document, code, standard,
rule, specification or method, formulated,
issued, prescribed or published by any other
person, whether--
(i) wholly or partially or as amended by
35 the certificate; or
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Part 4--Recommendations of the Panel and Advisory Opinions
s. 36
(ii) as formulated, issued, prescribed or
published at the time the certificate is
issued or at any time before then; or
(iii) as formulated, issued, prescribed or
5 published from time to time.
36 Publication of entitlement certificate in Government
Gazette
The Attorney-General must cause a copy of an
entitlement certificate to be published in the
10 Government Gazette as soon as practicable after
issuing the certificate.
__________________
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Part 5--General
s. 37
PART 5--GENERAL
37 Register
(1) The Attorney-General must establish and maintain
a register.
5 (2) The register must be kept electronically.
(3) The register must contain the following--
(a) any request of the Attorney-General for an
advisory opinion;
(b) any report of an advisory opinion laid before
10 each House of the Parliament;
(c) any report of an own motion
recommendation laid before each House of
the Parliament;
(d) any entitlement certificate;
15 (f) any salary certificate;
(e) any recommendation statement laid before
each House of the Parliament;
(f) any other document prepared or issued under
this Act that the Attorney-General considers
20 is appropriate to include in the register.
(4) The Attorney-General must ensure, as far as
practicable, that the contents of the register are
accessible to the public at all times without charge
on an Internet site.
25 38 Attorney-General to include documents in register
as soon as practicable after specified events
The Attorney-General must ensure that--
(a) a copy of any request of the Attorney-
General for an advisory opinion (whether in
30 redacted form or otherwise) is included in
the register as soon as practicable after the
request is made; and
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Part 5--General
s. 39
(b) a copy of any report of an advisory opinion
(whether in redacted form or otherwise) or
any report of an own motion
recommendation (whether in redacted form
5 or otherwise) which is laid before each
House of the Parliament in accordance with
this Act is included in the register as soon as
practicable after the report is laid before each
House; and
10 (c) a copy of any recommendation statement
which is laid before each House of the
Parliament in accordance with this Act is
included in the register as soon as practicable
after it is laid before each House; and
15 (d) any entitlement certificate or salary
certificate is included in the register as soon
as practicable after the certificate is issued.
39 Request for advisory opinion may be excluded from
register or on register in redacted form
20 (1) If the Attorney-General is of the opinion that a
request for an advisory opinion contains personal
or confidential information which it is not
appropriate to include in the register, the
Attorney-General may--
25 (a) not include the request for the advisory
opinion in the register; or
(b) include the request for the advisory opinion
in the register in a redacted form.
(2) The Attorney-General may make a determination
30 under subsection (1) in the Attorney-General's
absolute discretion.
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Part 5--General
s. 40
40 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
5 necessary to be prescribed to give effect to this
Act.
(2) The regulations may--
(a) be of general or limited application;
(b) differ according to differences in time, place
10 or circumstances;
(c) confer a discretionary authority or impose a
duty on a specified person or body or class of
persons or bodies;
(d) provide in a specified case or class of cases
15 for the exemption of persons or things or a
class of persons or things from any of the
provisions of the regulations--
(i) whether unconditionally or on specified
conditions; and
20 (ii) either wholly or to any extent that is
specified.
__________________
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Part 6--Repeals and Transitional Provisions
s. 41
PART 6--REPEALS AND TRANSITIONAL PROVISIONS
41 Repeal of Judicial Salaries Act 2004 See:
Act No.
(1) The Judicial Salaries Act 2004 is repealed. 38/2004.
Reprint No. 1
(2) On and from the repeal of the Judicial Salaries as at
5 Act 2004, in any Act (other than this Act), or in 20 May 2010
and
any subordinate instrument or in any other amending
Act Nos
document of any kind a reference to the Judicial 34/2010,
Salaries Act 2004 must be construed as a 5/2013 and
63/2013.
reference to this Act-- LawToday:
www.
10 (a) so far as the reference relates to any period legislation.
on or after that repeal; and vic.gov.au
(b) if not inconsistent with the subject matter.
42 Repeal of Judicial Remuneration Tribunal Act 1995 See:
Act No.
22/1995.
(1) The Judicial Remuneration Tribunal Act 1995 Reprint No. 2
15 is repealed. as at
11 September
(2) On the repeal of the Judicial Remuneration 2013
and
Tribunal Act 1995, the Judicial Remuneration amending
Tribunal is abolished and any members of the Act No.
63/2013.
Tribunal go out of office. LawToday:
www.
20 (3) On and from the repeal of the Judicial legislation.
Remuneration Tribunal Act 1995, in any Act vic.gov.au
(other than this Act), or in any subordinate
instrument or in any other document of any kind a
reference to the Judicial Remuneration
25 Tribunal Act 1995 must be construed as a
reference to this Act--
(a) so far as the reference relates to any period
on or after that repeal; and
(b) if not inconsistent with the subject matter.
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Part 6--Repeals and Transitional Provisions
s. 43
43 Certificates under section 15 of the Judicial
Remuneration Tribunal Act 1995
Any certificate issued under section 15 of the
Judicial Remuneration Tribunal Act 1995 as in
5 force immediately before its repeal is taken to be
an entitlement certificate under this Act.
44 Pre-existing salary sacrifice arrangements
(1) If, before the commencement of section 3 of the
Salaries Legislation Amendment (Salary
10 Sacrifice) Act 2008 (the 2008 Act), a judicial
officer entered into an arrangement under which
the judicial officer agreed to receive the whole or
part of the judicial officer's total amount of salary
as a judicial officer as non-salary benefits of an
15 equivalent value, that arrangement has and is
taken always to have had full effect according to
its tenor as if it had been authorised under--
(a) in the case of a Judge of the Supreme Court,
section 82(7A) of the Constitution Act 1975
20 as in force immediately before its repeal;
(b) in the case of an Associate Judge of the
Supreme Court, section 83A(5) of the
Constitution Act 1975 as in force
immediately before its repeal;
25 (c) in the case of a judge of the County Court,
section 10(7A) of the County Court Act
1958 as in force immediately before its
repeal;
(d) in the case of an associate judge of the
30 County Court, section 17AA(5) of the
County Court Act 1958 as in force
immediately before its repeal;
(e) in the case of a magistrate, clause 10A of
Schedule 1 to the Magistrates' Court Act
35 1989 as in force immediately before its
repeal.
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Part 6--Repeals and Transitional Provisions
s. 45
(2) Any salary sacrifice arrangement entered into by a
judicial officer which is in force immediately
before the commencement of this section
continues to have effect in accordance with its
5 terms as if it had been entered into in accordance
with Division 2 of Part 2.
45 Certain offices referred to in Judicial Salaries
Act 2004
On and from the repeal of the Judicial Salaries
10 Act 2004--
(a) the office of Senior Master of the Supreme
Court as referred to in that Act immediately
before its repeal is taken to be the office
referred to in item 4 of the salary table; and
15 (b) the office of General Supreme Court Master
as referred to in that Act immediately before
its repeal is taken to be the office referred to
in item 6 of the salary table; and
(c) the office of Specialist Supreme Court
20 Master as referred to in that Act as in force
immediately before its repeal is taken to be
the office referred to in item 7 of the salary
table.
46 Panel to report as soon as practicable and within
25 12 months of establishment
(1) Despite section 26(2), the Panel must make an
initial own motion recommendation to the
Attorney-General as soon as practicable after the
establishment of the Panel under this Act and no
30 later than within 12 months of its establishment.
(2) Any subsequent own motion recommendation is
to be in accordance with the time periods
specified in section 26.
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Part 6--Repeals and Transitional Provisions
s. 47
(3) This section is repealed on the second
anniversary of the day on which it comes into
operation.
47 Regulations dealing with transitional matters
5 (1) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application or savings
nature, arising as a result of the enactment of this
Act, including the repeals and amendments made
10 by this Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on or
from the day on which this Act received the
Royal Assent; and
15 (b) be of limited or general application; and
(c) leave any matter or thing to be decided by a
specified person or class of person; and
(d) provide for the exemption of persons or
things or a class of persons or things from
20 any of the regulations made under this
section.
(3) Regulations under this section have effect despite
anything to the contrary--
(a) in any Act (other than this Act or the
25 Charter of Human Rights and
Responsibilities Act 2006); or
(b) in any subordinate instrument.
(4) This section is repealed on the second
anniversary of the day on which it comes into
30 operation.
__________________
571137B.I-24/6/2014 40 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 7--Amendment of the Constitution Act 1975
s. 49
PART 7--AMENDMENT OF THE CONSTITUTION ACT 1975
48 Heading to section 81F amended
In the heading to section 81F of the Constitution See:
Act No.
Act 1975 for "Remuneration and entitlements" 8750.
5 substitute "Salary, allowances and other Reprint No. 20
as at
conditions of service". 13 October
2011
and
amending
Act Nos
8750, 5/2013,
28/2013,
37/2013,
63/2013 and
67/2013.
LawToday:
www.
legislation.
vic.gov.au
49 Remuneration and entitlements of reserve Judge
(1) For section 81F(1) and (2) of the Constitution
Act 1975 substitute--
10 "(1) Each reserve Judge engaged to undertake the
duties of a Judge of the Court under
section 81B is entitled to be paid a salary in
accordance with the rate for the time being
applicable for that office under the Judicial
15 Entitlements Act 2014.
(2) Each reserve Judge engaged to undertake the
duties of a Judge of the Court under
section 81B is entitled to the allowances and
other conditions of service for that office that
20 are for the time being applicable under the
Judicial Entitlements Act 2014.".
(2) Section 81F(3), (4), (5), (6), (7), (8), (9) and (10)
of the Constitution Act 1975 are repealed.
(3) In section 81F(9A) of the Constitution Act 1975
25 for "subsections (1) and (3)" substitute
"subsection (1)".
571137B.I-24/6/2014 41 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 7--Amendment of the Constitution Act 1975
s. 50
50 Appropriation of certain amounts in relation to
reserve Judges
At the end of section 81G of the Constitution Act
1975 insert--
5 "(2) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
51 Salaries, allowances and pensions of Judges of the
10 Supreme Court
(1) Insert the following heading to section 82 of the
Constitution Act 1975--
"Salaries, allowances, other conditions of
service and pension entitlements of Judges of
15 the Supreme Court".
(2) At the foot of section 82(1B) of the Constitution
Act 1975 insert--
"Note
See section 5 of the Judicial Entitlements Act 2014 for the
20 rates of salaries, including pro-rata salaries of Judges to
whom a part-time service arrangement applies.".
(3) Section 82(1C) and (2A) of the Constitution Act
1975 are repealed.
(4) For section 82(3) of the Constitution Act 1975
25 substitute--
"(3) Each Judge of the Court is entitled to the
allowances and the other conditions of
service for that office that are for the time
being applicable under the Judicial
30 Entitlements Act 2014.".
(5) In section 82 of the Constitution Act 1975 for
"Judicial Salaries Act 2004" (wherever
occurring) substitute "Judicial Entitlements Act
2014".
571137B.I-24/6/2014 42 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 7--Amendment of the Constitution Act 1975
s. 52
(6) In section 82 of the Constitution Act 1975--
(a) in subsection (1B) for "Subject to subsection
(1C), each" substitute "Each";
(b) in subsection (2) for "Subject to subsection
5 (2A), each" substitute "Each";
(c) subsections (4), (5), (5A) and (6) are
repealed;
(d) subsections (6C), (7A), (7B) and (9) are
repealed.
10 (7) In section 82(7) of the Constitution Act 1975--
(a) in paragraph (d) for "Court." substitute
"Court; and";
(b) after paragraph (d) insert--
"(e) superannuation contributions and
15 payments, if applicable, that are
payable; and
(f) payments relating to conditions of
service within the meaning of the
Judicial Entitlements Act 2014.".
20 (8) In section 82(10) of the Constitution Act 1975--
(a) for "subsection (4)" substitute "this section";
(b) after "clause 3(5)" insert "and (6)".
52 As to pensions of Judges of the Supreme Court and
their partners and children
25 (1) At the foot of section 83(1)(a) of the Constitution
Act 1975 insert--
"Note
Section 18 of the Judicial Remuneration Tribunal Act
1995 commenced on 18 May 1995 and was repealed by the
30 Judicial Entitlements Act 2014.".
571137B.I-24/6/2014 43 BILL LA INTRODUCTION 24/6/2014
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Part 7--Amendment of the Constitution Act 1975
s. 52
(2) After section 83(6)(b) of the Constitution Act
1975 insert--
"(baa) if any Judge of the Court was immediately
prior to the Judge's appointment Chief
5 Magistrate and the appointment as Chief
Magistrate was made on or after 6 March
2001, that person's service as Chief
Magistrate shall count as service in the office
of Judge of the Court;".
10 (3) In section 83(6)(ba)(i) of the Constitution Act
1975 for "Federal Magistrates Court" substitute
"Federal Circuit Court of Australia".
(4) In section 83(6A) of the Constitution Act 1975--
(a) for "two" substitute "more";
15 (b) for "his or her appointment to the last
relevant office held by him or her, then his or
her" substitute "the person's appointment to
the last relevant office held by that person,
then that person's";
20 (c) for "him or her" (where secondly occurring)
substitute "the person".
(5) After section 83(6A) of the Constitution Act
1975 insert--
"(6B) Without limiting subsection (6A), for the
25 purposes of subsections (6) and (6A), if a
Judge of the Court who, immediately prior to
the Judge's appointment, held an office
specified in subsection (6) or (6A) as
counting as service in the office of Judge of
30 the Court (a relevant specified office), had
also held another one or more of those
relevant specified offices immediately prior
to, or successively prior to, the person's
appointment to the last relevant specified
35 office held by that person, then that person's
service in that other relevant specified office
571137B.I-24/6/2014 44 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 7--Amendment of the Constitution Act 1975
s. 53
or those other relevant specified offices
counts as service in the last of the relevant
specified offices held by the person.".
53 Salaries of Associate Judges
5 (1) In the heading to section 83A of the Constitution
Act 1975 after "Salaries" insert ", allowances
and other conditions of service".
(2) In section 83A(1) of the Constitution Act 1975--
(a) for "Subject to subsection (1A), each"
10 substitute "Each";
(b) for "Judicial Salaries Act 2004" substitute
"Judicial Entitlements Act 2014".
(3) At the foot of section 83A(1) of the Constitution
Act 1975 insert--
15 "Note
See section 5 of the Judicial Entitlements Act 2014 for the
rates of salaries, including pro-rata salaries of Associate
Judges to whom a part-time service arrangement applies.".
(4) Section 83A(1A) of the Constitution Act 1975 is
20 repealed.
(5) For section 83A(2) of the Constitution Act 1975
substitute--
"(2) Each Associate Judge is entitled to the
allowances and the other conditions of
25 service for that office that are for the time
being applicable under the Judicial
Entitlements Act 2014.".
(6) In section 83A of the Constitution Act 1975--
(a) subsections (2A), (2B), (2C) and (2D) are
30 repealed;
(b) subsections (3A), (5) and (6) are repealed.
571137B.I-24/6/2014 45 BILL LA INTRODUCTION 24/6/2014
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Part 7--Amendment of the Constitution Act 1975
s. 54
(7) In section 83A(4) of the Constitution Act 1975--
(a) in paragraph (d) for "Judges." substitute
"Judges; and";
(b) after paragraph (d) insert--
5 "(e) superannuation contributions and
payments, if applicable, that are
payable; and
(f) payments relating to conditions of
service within the meaning of the
10 Judicial Entitlements Act 2014.".
(8) In section 83A(7) of the Constitution Act 1975--
(a) for "subsection (2A)" substitute "this
section";
(b) after "clause 3(5)" insert "and (6)".
15 54 Remuneration and allowances of reserve Associate
Judges
(1) In the heading to section 83B of the Constitution
Act 1975 for "Remuneration and allowances"
substitute "Salary, allowances and other
20 conditions of service".
(2) For section 83B(1) and (2) of the Constitution
Act 1975 substitute--
"(1) Each reserve Associate Judge engaged to
undertake the duties of an Associate Judge
25 under section 105D of the Supreme Court
Act 1986 is entitled to be paid a salary in
accordance with the rate for the time being
applicable for that office under the Judicial
Entitlements Act 2014.
30 (2) Each reserve Associate Judge engaged to
undertake the duties of an Associate Judge
under section 105D of the Supreme Court
Act 1986 is entitled to the allowances and
other conditions of service for that office that
571137B.I-24/6/2014 46 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 7--Amendment of the Constitution Act 1975
s. 55
are for the time being applicable under the
Judicial Entitlements Act 2014.".
(3) Section 83B(3), (4), (5), (6), (7), (8), (9) and (11)
of the Constitution Act 1975 are repealed.
5 (4) In section 83B(10) of the Constitution Act 1975
for "subsections (1) and (3)" substitute
"subsection (1)".
55 Appropriation of certain amounts in relation to
reserve Associate Judges
10 At the end of section 83C of the Constitution Act
1975 insert--
"(2) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
15 Administration Act 2004.".
__________________
571137B.I-24/6/2014 47 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 8--Amendment of the Supreme Court Act 1986
s. 56
PART 8--AMENDMENT OF THE SUPREME COURT
ACT 1986
56 Pension entitlements of Associate Judges, their
partners and children
5 See:
Act No.
After section 104A(12) of the Supreme Court
110/1986. Act 1986 insert--
Reprint No. 8
as at "(12A) For the purposes of this section, if any
1 December
2013
Associate Judge was immediately prior to
and the Associate Judge's appointment a judge of
10 amending
Act Nos
the County Court, the person's service as a
110/1986, judge of the County Court shall count as
63/2013,
68/2013,
service as an Associate Judge.
1/2014,
17/2014 and (12B) For the purposes of this section, if any
25/2013. Associate Judge was immediately prior to
LawToday:
15 www. that person's appointment Chief Magistrate
legislation. and that person's appointment as Chief
vic.gov.au
Magistrate was made on or after 6 March
2001, that person's service as Chief
Magistrate shall count as service as an
20 Associate Judge.
(12C) For the purposes of this section, if any
Associate Judge was immediately prior to
the Associate Judge's appointment a master
of the County Court, an associate judge of
25 the County Court or a master or an associate
judge (however described) of a court of
another State, the Northern Territory or the
Australian Capital Territory (other than a
Magistrates' Court or equivalent court or the
30 Federal Circuit Court of Australia) that
person's service in that office shall count as
service as an Associate Judge.
(12D) For the purposes of this section, if any
Associate Judge was immediately prior to
35 the Associate Judge's appointment Solicitor-
General that person's service as Solicitor-
571137B.I-24/6/2014 48 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 8--Amendment of the Supreme Court Act 1986
s. 56
General shall count as service as an
Associate Judge.
(12E) For the purposes of this section, if any
Associate Judge was immediately prior to
5 the Associate Judge's appointment the
Director of Public Prosecutions, Chief
Crown Prosecutor or a Senior Crown
Prosecutor, that person's service as Director
of Public Prosecutions, Chief Crown
10 Prosecutor or a Senior Crown Prosecutor
shall count as service as an Associate Judge.
(12F) For the purposes of subsection (12E), any
Associate Judge referred to in that subsection
who, immediately prior to the Associate
15 Judge's appointment had held the office of
Director of Public Prosecutions, Chief
Crown Prosecutor or a Senior Crown
Prosecutor (a relevant office), had also held
another one or more of those relevant offices
20 immediately prior to, or successively prior
to, that person's appointment to the last
relevant office held by that person, then that
person's service in that other relevant office
or those other relevant offices counts as
25 service in the last of the relevant offices held
by that person.
(12G) Without limiting subsection (12F), for the
purposes of subsections (12) to (12F), if an
Associate Judge who, immediately prior to
30 the Associate Judge's appointment, held an
office specified in subsection (12) to (12F) as
counting as service in the office of Associate
Judge (a relevant specified office), had also
held another one or more of those relevant
35 specified offices immediately prior to, or
successively prior to, that person's
appointment to the last relevant specified
office held by that person, then that person's
571137B.I-24/6/2014 49 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 8--Amendment of the Supreme Court Act 1986
s. 57
service in that other relevant specified office
or those other relevant specified offices
counts as service in the last of the relevant
specified offices held by that person.".
5 57 Remuneration and terms and conditions of
appointment
(1) In section 113G(1) of the Supreme Court Act
1986 for "receive the" substitute "the terms and
conditions including".
10 (2) Section 113G(2) of the Supreme Court Act 1986
is repealed.
(3) After section 113G(5) of the Supreme Court Act
1986 insert--
"(6) The following are to be paid out of the
15 Consolidated Fund, which is appropriated to
the necessary extent--
(a) the amounts (including the amount of
any non-salary benefits) payable to or
for any judicial registrar; and
20 (b) premiums and other amounts payable
under the Workplace Injury
Rehabilitation and Compensation
Act 2013 in respect of any judicial
registrar; and
25 (c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any judicial registrar; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
30 respect of fringe benefits provided to
any judicial registrar; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any judicial
35 registrar.
571137B.I-24/6/2014 50 BILL LA INTRODUCTION 24/6/2014
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Part 8--Amendment of the Supreme Court Act 1986
s. 57
(7) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
__________________
571137B.I-24/6/2014 51 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 9--Amendment of the County Court Act 1958
s. 58
PART 9--AMENDMENT OF THE COUNTY COURT ACT 1958
58 Salaries and allowances of the Chief Judge and
other judges
See: (1) Insert the following heading to section 10 of the
Act No.
5 6320. County Court Act 1958--
Reprint No. 15
as at "Salaries, allowances and conditions of service
1 May 2013
and
of the Chief Judge and other judges".
amending
Act Nos (2) In section 10 of the County Court Act 1958--
6230, 58/2013,
63/2013, (a) in subsection (1), for "Judicial Salaries Act
10 67/2013, 2004" substitute "Judicial Entitlements
68/2013,
70/2013, Act 2014";
17/2014 and
25/2014. (b) in subsection (2)--
LawToday:
www. (i) for "Subject to subsection (2A), each"
legislation.
vic.gov.au substitute "Each";
15 (ii) for "Judicial Salaries Act 2004"
substitute "Judicial Entitlements Act
2014".
(c) subsection (2A) is repealed.
(3) For section 10(3) of the County Court Act 1958
20 substitute--
"(3) Each judge is entitled to the allowances and
the other conditions of service for that office
that are for the time being applicable under
the Judicial Entitlements Act 2014.".
25 (4) Section 10(4), (5), (5A), (6), (6C), (7A), (7B)
and (9) of the County Court Act 1958 are
repealed.
(5) In section 10(7) of the County Court Act 1958--
(a) in paragraph (d) for "judges." substitute
30 "judges; and";
571137B.I-24/6/2014 52 BILL LA INTRODUCTION 24/6/2014
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Part 9--Amendment of the County Court Act 1958
s. 59
(b) after paragraph (d) insert--
"(e) superannuation contributions and
payments, if applicable, that are
payable; and
5 (f) payments relating to conditions of
service within the meaning of the
Judicial Entitlements Act 2014.".
(6) In section 10(10) of the County Court Act
1958--
10 (a) for "subsection (4)" substitute "this section";
(b) after "clause 3(5)" insert "and (6)".
59 Remuneration and entitlements of reserve judge
(1) In the heading to section 12F of the County
Court Act 1958 for "Remuneration and
15 entitlements" substitute "Salary, allowances
and other conditions of service".
(2) For section 12F(1) and (2) of the County Court
Act 1958 substitute--
"(1) Each reserve judge engaged to undertake the
20 duties of a judge of the court under
section 12B is entitled to be paid a salary in
accordance with the rate for the time being
applicable for that office under the Judicial
Entitlements Act 2014.
25 (2) Each reserve judge engaged to undertake the
duties of a judge of the court under
section 12B is entitled to the allowances and
other conditions of service for that office that
are for the time being applicable under the
30 Judicial Entitlements Act 2014.".
(3) Section 12F(3), (4), (5), (6), (7), (8), (9) and (10)
of the County Court Act 1958 are repealed.
571137B.I-24/6/2014 53 BILL LA INTRODUCTION 24/6/2014
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Part 9--Amendment of the County Court Act 1958
s. 60
(4) In section 12F(9A) of the County Court Act
1958 for "subsections (1) and (3)" substitute
"subsection (1)".
60 Appropriation of certain amounts in relation to
5 reserve judges
At the end of section 12G of the County Court
Act 1958 insert--
"(2) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
10 of Schedule 1A to the Public
Administration Act 2004.".
61 Provision for pensions to County Court judges and
their partners
(1) After section 14(5)(aba) of the County Court Act
15 1958 insert--
"(abb) if any judge under this Act was immediately
prior to the judge's appointment Solicitor-
General that person's service as Solicitor-
General shall count as service in the office of
20 judge under this Act;".
(2) After section 14(6) of the County Court Act
1958 insert--
"(6A) Without limiting subsection (6), for the
purposes of subsections (5) and (6), if a
25 judge under this Act who, immediately prior
to the judge's appointment, held an office
specified in subsection (5) or (6) as counting
as service in the office of judge under this
Act (a relevant specified office), had also
30 held another one or more of those relevant
specified offices immediately prior to, or
successively prior to, that person's
appointment to the last relevant specified
office held by that person, then that person's
35 service in that other relevant specified office
or those other relevant specified offices
571137B.I-24/6/2014 54 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 9--Amendment of the County Court Act 1958
s. 62
counts as service in the last of the relevant
specified offices held by that person.".
62 Salaries and allowances of associate judges
(1) In the heading to section 17AA of the County
5 Court Act 1958 for "and allowances" substitute
", allowances and conditions of service".
(2) In section 17AA(1) of the County Court Act
1958--
(a) for "Subject to subsection (1A), each"
10 substitute "Each";
(b) for "Judicial Salaries Act 2004" substitute
"Judicial Entitlements Act 2014".
(3) At the foot of section 17AA(1) of the County
Court Act 1958 insert--
15 "Note
See section 5 of the Judicial Entitlements Act 2014 for the
rates of salaries, including pro-rata salaries of associate
judges to whom a part-time service arrangement applies.".
(4) Section 17AA(1A) of the County Court Act
20 1958 is repealed.
(5) For section 17AA(2) of the County Court Act
1958 substitute--
"(2) Each associate judge is entitled to the
allowances and the other conditions of
25 service for that office that are for the time
being applicable under the Judicial
Entitlements Act 2014.".
(6) In section 17AA of the County Court Act
1958--
30 (a) subsections (2A), (2B), (2C) and (2D) are
repealed;
(b) subsections (3A), (5) and (6) are repealed.
571137B.I-24/6/2014 55 BILL LA INTRODUCTION 24/6/2014
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Part 9--Amendment of the County Court Act 1958
s. 63
(7) In section 17AA(4) of the County Court Act
1958--
(a) in paragraph (d) for "judges." substitute
"judges; and";
5 (b) after paragraph (d) insert--
"(e) superannuation contributions and
payments, if applicable, that are
payable; and
(f) payments relating to conditions of
10 service within the meaning of the
Judicial Entitlements Act 2014.".
(8) In section 17AA(7) of the County Court Act
1958--
(a) for "subsection (2A)" substitute "this
15 section";
(b) after "clause 3(5)" insert "and (6)".
63 Pension entitlements of associate judges, their
partners and children
After section 17B(12) of the County Court Act
20 1958 insert--
"(12A) For the purposes of this section, if any
associate judge was immediately prior to the
associate judge's appointment a Master of the
Supreme Court, an Associate Judge of the
25 Supreme Court or a master or an associate
judge (however described) of a court of
another State, the Northern Territory or the
Australian Capital Territory (other than a
Magistrates' Court or equivalent court or the
30 Federal Circuit Court of Australia) that
person's service in that office shall count as
service as an associate judge.
571137B.I-24/6/2014 56 BILL LA INTRODUCTION 24/6/2014
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Part 9--Amendment of the County Court Act 1958
s. 63
(12B) For the purposes of this section, if any
associate judge was immediately prior to the
associate judge's appointment the Chief
Crown Prosecutor or a Senior Crown
5 Prosecutor, that person's service as Chief
Crown Prosecutor or a Senior Crown
Prosecutor shall count as service as an
associate judge.
(12C) For the purposes of subsection (12B), any
10 associate judge referred to in that subsection
who, immediately prior to that person's
appointment had held the office of Chief
Crown Prosecutor or a Senior Crown
Prosecutor (a relevant office), had also held
15 another one of those relevant offices
immediately prior to, or successively prior
to, that person's appointment to the last
relevant office held by that person, then the
person's service in that other relevant office
20 counts as service in the last of the relevant
offices held by that person.
(12D) Without limiting subsection (12C), for the
purposes of subsections (12) to (12C), if an
associate judge who, immediately prior to
25 the associate judge's appointment, held an
office specified in subsections (12) to (12C)
as counting as service in the office of
associate judge (a relevant specified office),
had also held another one or more of those
30 relevant specified offices immediately prior
to, or successively prior to, that person's
appointment to the last relevant specified
office held by that person, then that person's
service in that other relevant specified office
35 or those other relevant specified offices
counts as service in the last of the relevant
specified offices held by that person.".
571137B.I-24/6/2014 57 BILL LA INTRODUCTION 24/6/2014
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Part 9--Amendment of the County Court Act 1958
s. 64
64 Remuneration and allowances of reserve associate
judges
(1) In the heading to section 17KG of the County
Court Act 1958 for "Remuneration and
5 allowances" substitute "Salary, allowances and
conditions of service".
(2) For section 17KG(1) and (2) of the County Court
Act 1958 substitute--
"(1) Each reserve associate judge engaged to
10 undertake the duties of an Associate Judge
under section 17KC is entitled to be paid a
salary in accordance with the rate for the
time being applicable for that office under
the Judicial Entitlements Act 2014.
15 (2) Each reserve associate judge engaged to
undertake the duties of an Associate Judge
under section 17KC is entitled to the
allowances and other conditions of service
for that office that are for the time being
20 applicable under the Judicial Entitlements
Act 2014.".
(3) Section 17KG(3), (4), (5), (6), (7), (8), (9)
and (11) of the County Court Act 1958 are
repealed.
25 (4) In section 17KG(10) of the County Court Act
1958 for "subsections (1) and (3)" substitute
"subsection (1)".
65 Appropriation of certain amounts in relation to
reserve associate judges
30 At the end of section 17KH of the County Court
Act 1958 insert--
"(2) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
35 Administration Act 2004.".
571137B.I-24/6/2014 58 BILL LA INTRODUCTION 24/6/2014
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Part 9--Amendment of the County Court Act 1958
s. 66
66 Remuneration and terms and conditions of
appointment
(1) In section 17P(1) of the County Court Act 1958
for "receive the" substitute "the terms and
5 conditions including".
(2) Section 17P(2) of the County Court Act 1958 is
repealed.
(3) After section 17P(5) of the County Court Act
1958 insert--
10 "(6) The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent--
(a) the amounts (including the amount of
any non-salary benefits) payable to or
15 for any judicial registrar; and
(b) premiums and other amounts payable
under the Workplace Injury
Rehabilitation and Compensation
Act 2013 in respect of any judicial
20 registrar; and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any judicial registrar; and
(d) tax payable under the Fringe Benefits
25 Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any judicial registrar; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
30 payable in respect of any judicial
registrar.
571137B.I-24/6/2014 59 BILL LA INTRODUCTION 24/6/2014
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Part 9--Amendment of the County Court Act 1958
s. 66
(7) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
__________________
571137B.I-24/6/2014 60 BILL LA INTRODUCTION 24/6/2014
Judicial Entitlements Bill 2014
Part 10--Amendment of the Magistrates' Court Act 1989
s. 67
PART 10--AMENDMENT OF THE MAGISTRATES' COURT
ACT 1989
67 Definitions
In section 3(1) of the Magistrates' Court Act See:
Act No.
5 1989 in the definition of excluded judicial officer, 51/1989.
for paragraph (b), where secondly occurring, Reprint No. 18
as at
substitute-- 7 March 2014
and
"(c) a Deputy State Coroner;". amending
Act Nos
51/1989,
12/2010,
32/2013,
67/2013,
1/2014,
17/2014,
25/2014 and
26/2014.
LawToday:
www.
legislation.
vic.gov.au
68 Termination of part-time service arrangement
10 In section 7D(1) of the Magistrates' Court Act
1989 for paragraph (b), where secondly occurring,
substitute--
"(c) Deputy State Coroner.".
69 Power to complete matters--magistrates and
15 reserve magistrates
After section 9EA(7) of the Magistrates' Court
Act 1989 insert--
'(8) In this section a reference to "proceeding"
includes--
20 (a) any proceeding or other matter in the
Children's Court under the Children,
Youth and Families Act 2005; and
(b) any investigation or inquiry under the
Coroners Act 2008.'.
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Part 10--Amendment of the Magistrates' Court Act 1989
s. 70
70 Salaries
(1) Insert the following heading to section 10 of the
Magistrates' Court Act 1989--
"Salaries, allowances and other conditions of
5 service".
(2) In section 10(1) of the Magistrates' Court Act
1989 after "magistrates" insert "and the
allowances and other conditions of service to
which magistrates are entitled".
10 (3) For section 10(2) of the Magistrates' Court Act
1989 substitute--
"(2) Part 2 of Schedule 1 sets out the salaries
payable to reserve magistrates and the
allowances and other conditions of service to
15 which reserve magistrates are entitled.".
71 Pension of Chief Magistrate
At the foot of section 10A(1) of the Magistrates'
Court Act 1989 insert--
"Note
20 See section 14(5) of the County Court Act 1958 in relation
to recognition of prior service for pension purposes.".
72 Terms and conditions of appointment
(1) In section 16D(1) of the Magistrates' Court Act
1989 for "receive the" substitute "the terms and
25 conditions including".
(2) After section 16D(4) of the Magistrates' Court
Act 1989 insert--
"(5) The following are to be paid out of the
Consolidated Fund, which is appropriated to
30 the necessary extent--
(a) the amounts (including the amount of
any non-salary benefits) payable to or
for any judicial registrar; and
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Part 10--Amendment of the Magistrates' Court Act 1989
s. 73
(b) premiums and other amounts payable
under the Workplace Injury
Rehabilitation and Compensation
Act 2013 in respect of any judicial
5 registrar; and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any judicial registrar; and
(d) tax payable under the Fringe Benefits
10 Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any judicial registrar; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
15 payable in respect of any judicial
registrar.
(6) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
20 Administration Act 2004.".
73 Part 1 of Schedule 1 amended
(1) In the heading to Schedule 1 to the Magistrates'
Court Act 1989, for "AND ALLOWANCES"
substitute ", ALLOWANCES AND OTHER
25 CONDITIONS OF SERVICE".
(2) In clause 1 of Schedule 1 to the Magistrates'
Court Act 1989, for "Judicial Salaries Act 2004"
substitute "Judicial Entitlements Act 2014".
(3) For clause 2 of Schedule 1 to the Magistrates'
30 Court Act 1989 substitute--
"2. A Deputy Chief Magistrate is entitled to be
paid a salary at the rate for the time being
applicable under the Judicial Entitlements
Act 2014.".
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Part 10--Amendment of the Magistrates' Court Act 1989
s. 73
(4) For clause 3 of Schedule 1 to the Magistrates'
Court Act 1989 substitute--
"3. A magistrate, not being the Chief Magistrate
or a Deputy Chief Magistrate is entitled to be
5 paid a salary at the rate for the time being
applicable under the Judicial Entitlements
Act 2014.
Note
See section 5 of the Judicial Entitlements Act 2014
10 for the rates of salaries, including pro-rata salaries of
magistrates to whom a part-time service arrangement
applies.".
(5) For clause 4 of Schedule 1 to the Magistrates'
Court Act 1989 substitute--
15 "4. The Chief Magistrate, each Deputy Chief
Magistrate and each other magistrate is
entitled to the allowances and the other
conditions of service for that office that are
for the time being applicable under the
20 Judicial Entitlements Act 2014.".
(6) Clauses 5, 6, 7, 8, 9A, 10A and 10B of Schedule 1
to the Magistrates' Court Act 1989 are repealed.
(7) In clause 9 of Schedule 1 to the Magistrates'
Court Act 1989 for "Subject to clause 3(b),
25 nothing" substitute "Nothing".
(8) In clause 10 of Schedule 1 to the Magistrates'
Court Act 1989--
(a) in paragraph (e) for "magistrates." substitute
"magistrates; and";
30 (b) after paragraph (e) insert--
"(f) other superannuation contributions and
payments, if applicable, that are
payable; and
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Part 10--Amendment of the Magistrates' Court Act 1989
s. 74
(g) payments relating to conditions of
service within the meaning of the
Judicial Entitlements Act 2014.".
(9) In clause 10C of Schedule 1 to the Magistrates'
5 Court Act 1989--
(a) for "clause 5" substitute "clause 10";
(b) after "clause 3(5)" insert "and (6)".
74 Part 2 of Schedule 1 amended
(1) In the heading to clause 11 of Schedule 1 to the
10 Magistrates' Court Act 1989 for
"Remuneration and entitlements" substitute
"Salary, allowances and other conditions of
service".
(2) For clause 11(1) and (2) of Schedule 1 to the
15 Magistrates' Court Act 1989 substitute--
"(1) Each reserve magistrate engaged to
undertake the duties of a magistrate under
section 9C is entitled to be paid a salary in
accordance with the rate for the time being
20 applicable for that office under the Judicial
Entitlements Act 2014.
(2) Each reserve magistrate engaged to
undertake the duties of a magistrate under
section 9C is entitled to the allowances and
25 other conditions of service for that office that
are for the time being applicable under the
Judicial Entitlements Act 2014.".
(3) In clause 11 of Schedule 1 to the Magistrates'
Court Act 1989, subclauses (3), (4), (5), (6), (7),
30 (8), (9) and (10) are repealed.
(4) In clause 11(9A) of Schedule 1 to the
Magistrates' Court Act 1989 for "subclauses (1)
and (3)" substitute "subclause (1)".
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Part 10--Amendment of the Magistrates' Court Act 1989
s. 74
(5) At the end of clause 12 of Schedule 1 to the
Magistrates' Court Act 1989 insert--
"(2) In this clause, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
5 of Schedule 1A to the Public
Administration Act 2004.".
__________________
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s. 75
Parts of this Act
PART 11--CONSEQUENTIAL AMENDMENT OF OTHER
ACTS AND REPEAL OF AMENDING PARTS OF THIS ACT
Division 1--Amendment of Children, Youth and Families
Act 2005
5 75 Remuneration and terms and conditions of
appointment
(1) In section 542E(1) of the Children, Youth and See:
Act No.
Families Act 2005 for "receive the" substitute 96/2005.
"the terms and conditions including". Reprint No. 4
as at
10 (2) Section 542E(2) of the Children, Youth and 27 March
2013
Families Act 2005 is repealed. and
amending
(3) After section 542E(5) of the Children, Youth Act Nos
96/2005,
and Families Act 2005 insert-- 30/2013,
52/2013,
"(6) The following are to be paid out of the 63/2013,
15 Consolidated Fund, which is appropriated to 67/2013,
74/2013,
the necessary extent-- 17/2014,
19/2014,
(a) the amounts (including the amount of 26/2014 and
29/2014.
any non-salary benefits) payable to or LawToday:
for any judicial registrar; and www.
legislation.
20 (b) premiums and other amounts payable vic.gov.au
under the Workplace Injury
Rehabilitation and Compensation
Act 2013 in respect of any judicial
registrar; and
25 (c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any judicial registrar; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
30 respect of fringe benefits provided to
any judicial registrar; and
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Part 11--Consequential Amendment of Other Acts and Repeal of Amending
s. 76
Parts of this Act
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any judicial
registrar.
5 (7) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
Division 2--Amendment of Coroners Act 2008
10 76 Deputy State Coroner
See: (1) For section 92(5) of the Coroners Act 2008
Act No.
77/2008. substitute--
Reprint No. 1
as at "(5) The Deputy State Coroner is entitled to be
21 July 2011
and
paid the salary at the rate for the time being
15 amending applicable under the Judicial Entitlements
Act Nos
52/2012,
Act 2014 for that office.
83/2012,
5/2013, (5A) The Deputy State Coroner is entitled to the
31/2013, allowances and the other conditions of
52/2013,
58/2013, service for the office of magistrate (other
20 63/2013, than the Chief Magistrate or a Deputy Chief
1/2014,
17/2014 and Magistrate) that are for the time being
26/2014. applicable under the Judicial Entitlements
LawToday:
www. Act 2014 unless an entitlement certificate
legislation. issued under that Act in relation to the office
vic.gov.au
25 of Deputy State Coroner otherwise
provides.".
(2) After section 92(8) of the Coroners Act 2008
insert--
"(9) The following are to be paid out of the
30 Consolidated Fund, which is appropriated to
the necessary extent--
(a) the salary (including the amount of any
non-salary benefits) and allowances
payable to or for any Deputy State
35 Coroner; and
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Part 11--Consequential Amendment of Other Acts and Repeal of Amending
s. 77
Parts of this Act
(b) premiums and other amounts payable
under the Workplace Injury
Rehabilitation and Compensation
Act 2013 in respect of any Deputy
5 State Coroner; and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any Deputy State
Coroner; and
10 (d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any Deputy State Coroner; and
(e) superannuation contributions within the
15 meaning of the Payroll Tax Act 2007
payable in respect of any Deputy State
Coroner; and
(f) payments relating to conditions of
service within the meaning of the
20 Judicial Entitlements Act 2014.
(10) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
25 77 Appointment of coroners
(1) In section 94(3)(b)(ii) of the Coroners Act 2008
for "an acting" substitute "a".
(2) In section 94(5) of the Coroners Act 2008 for
"and allowances" substitute "and is entitled to the
30 same allowances and other conditions of service".
(3) After section 94(5) of the Coroners Act 2008
insert--
"(6) The following are to be paid out of the
Consolidated Fund, which is appropriated to
35 the necessary extent--
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s. 78
Parts of this Act
(a) the salary (including the amount of any
non-salary benefits) and allowances
payable to or for any coroner under this
section; and
5 (b) premiums and other amounts payable
under the Workplace Injury
Rehabilitation and Compensation
Act 2013 in respect of any coroner
under this section; and
10 (c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any coroner under this
section; and
(d) tax payable under the Fringe Benefits
15 Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any coroner under this section; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
20 payable in respect of any coroner under
this section; and
(f) payments relating to conditions of
service within the meaning of the
Judicial Entitlements Act 2014.
25 (7) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
78 Remuneration and terms and conditions of
30 appointment
(1) In section 102E(1) of the Coroners Act 2008 for
"receive the" substitute "the terms and conditions
including".
(2) Section 102E(2) of the Coroners Act 2008 is
35 repealed.
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s. 79
Parts of this Act
(3) After section 102E(5) of the Coroners Act 2008
insert--
"(6) The following are to be paid out of the
Consolidated Fund, which is appropriated to
5 the necessary extent--
(a) the amounts (including the amount of
any non-salary benefits) payable to or
for any judicial registrar; and
(b) premiums and other amounts payable
10 under the Workplace Injury
Rehabilitation and Compensation
Act 2013 in respect of any judicial
registrar; and
(c) payroll tax payable under the Payroll
15 Tax Act 2007 in respect of wages paid
or payable to any judicial registrar; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
20 any judicial registrar; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any judicial
registrar.
25 (7) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
79 Remuneration and allowances of reserve coroners
30 (1) In the heading to section 102Q of the Coroners
Act 2008 for "Remuneration and allowances"
substitute "Salary, allowances and other
conditions of service".
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s. 80
Parts of this Act
(2) For section 102Q(1) and (2) of the Coroners Act
2008 substitute--
"(1) Each reserve coroner engaged to undertake
the duties of a coroner under section 102N is
5 entitled to be paid a salary in accordance
with the rate for the time being applicable for
the office of reserve magistrate under the
Judicial Entitlements Act 2014.
(2) Each reserve coroner engaged to undertake
10 the duties of a coroner under section 102N is
entitled to the allowances and other
conditions of service for the office of reserve
magistrate that are for the time being
applicable under the Judicial Entitlements
15 Act 2014.".
(3) Section 102Q(3), (4), (5), (6), (7), (8), (9) and (11)
of the Coroners Act 2008 are repealed.
(4) In section 102Q(10) of the Coroners Act 2008
for "subsections (1) and (3)" substitute
20 "subsection (1)".
80 Appropriation of certain amounts in relation to
reserve coroners
At the end of section 102R of the Coroners Act
2008 insert--
25 "(2) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) and (6)
of Schedule 1A to the Public
Administration Act 2004.".
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Part 11--Consequential Amendment of Other Acts and Repeal of Amending
s. 81
Parts of this Act
Division 3--Judicial Remuneration Tribunal Act 1995
81 New sections 16 to 19 inserted
After section 15 of the Judicial Remuneration See:
Act No.
Tribunal Act 1995 insert-- 22/1995.
Reprint No. 2
5 '16 Validation of long service leave as at
11 September
entitlements and Attorney-General's 2013
certificate 1/2008 and
amending
(1) Despite anything to the contrary in Attorney- Act No.
63/2013.
General's certificate 1/2008 in relation to LawToday:
10 prior recognition of service, a Judge of the www.
legislation.
Supreme Court (including the Chief Justice, vic.gov.au
the President of the Court of Appeal and a
Judge of Appeal) is entitled to have prior
service recognised for the purpose of
15 determining the Judge's entitlement to
sabbatical and long service leave in the
Judge's judicial office if--
(a) the Judge was appointed to the
Supreme Court before 1 March 2014;
20 and
(b) the prior service is service in an office
referred to in section 83(6) of the
Constitution Act 1975 as an office in
respect of which service is counted as
25 service in the office of Judge of the
Court.
(2) Despite anything to the contrary in Attorney-
General's certificate 1/2008 in relation to
prior recognition of service, a Judge of the
30 County Court (including the Chief Judge) is
entitled to have prior service recognised for
the purpose of determining the Judge's
entitlement to sabbatical and long service
leave in the Judge's judicial office if--
35 (a) the Judge was appointed to the County
Court before 1 March 2014; and
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Part 11--Consequential Amendment of Other Acts and Repeal of Amending
s. 81
Parts of this Act
(b) the prior service is service in an office
referred to in section 14(5) of the
County Court Act 1958 as an office in
respect of which service is counted as
5 service in the office of judge of the
County Court.
(3) If prior service is recognised under
subsection (1) or (2) in respect of a person,
that person is not entitled to have any
10 sabbatical and long service leave entitlement
arising from the recognised prior service in
that previous office paid out to the person in
accordance with Attorney-General's
certificate 1/2008.
15 (4) For the avoidance of doubt, this section does
not apply to any Judge of the Supreme Court
(including the Chief Justice, the President of
the Court of Appeal and a Judge of Appeal)
or Judge of the County Court (including the
20 Chief Judge) appointed to office on or after
1 March 2014.
(5) In this section, Attorney-General's
certificate 1/2008 means the certificate of
the Attorney-General issued under section 15
25 on 14 February 2008 numbered 1/2008.
17 Accrued sabbatical and long service leave
(1) This section applies to the following judicial
officers (other than a reserve office
holder)--
30 (a) a Judge of the Supreme Court,
including the Chief Justice, the
President of the Court of Appeal and a
Judge of Appeal;
(b) an Associate Judge of the Supreme
35 Court;
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s. 81
Parts of this Act
(c) a judge of the County Court, including
the Chief Judge;
(d) an associate judge of the County Court.
(2) A judicial officer to whom this section
5 applies is entitled on the resignation,
retirement or death of that judicial officer to
payment out of the accrued sabbatical and
long service leave entitlements (if any) in
respect of the judicial officer not exceeding a
10 period of 12 months.
18 Accrued annual leave and long service
leave--magistrates
A magistrate (other than a reserve
magistrate) is entitled on the resignation,
15 retirement or death of that magistrate to
payment out of any accrued annual leave and
long service leave entitlements in respect of
the magistrate.
19 Validation and authorisation of certain
20 payments out
(1) Any payment of accrued sabbatical and long
service leave entitlements not exceeding a
period of 12 months to a judicial officer
referred to in section 17(1) on that person's
25 resignation, retirement or death before the
commencement of section 17 is taken to
have been validly made as if it had been
authorised under that section and that section
had been enacted at the time it was paid.
30 (2) Any payment of accrued annual leave and
long service leave entitlements to a
magistrate on that person's resignation,
retirement or death before the
commencement of section 18 is taken to
35 have been validly made as if it had been
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s. 82
Parts of this Act
authorised under that section and that section
had been enacted at the time it was paid.
(3) Without limiting subsection (2), if a person
has resigned or retired from the office of
5 magistrate before the commencement of
section 18 but holds a judicial office referred
to in section 17(1) on the commencement of
section 18, any payment of accrued annual
leave and long service leave entitlements to
10 that person in respect of the office of
magistrate may be made in respect of those
entitlements as if section 18 had been
enacted at the time of resignation or
retirement.'.
15 Division 4--Repeal of amending Parts
82 Repeal of amending Parts
Parts 7, 8, 9, 10 and this Part are repealed on
1 March 2016.
Note
20 The repeal of these Parts does not affect the continuing operation
of the amendments made by them (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571137B.I-24/6/2014 77 BILL LA INTRODUCTION 24/6/2014
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