Judicial Remuneration Tribunal Act 1995FILE/95-22a021.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01

Version No. 021

Judicial Remuneration Tribunal Act 1995No. 22 of 1995

Version incorporating amendments as at1 February 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 13 Definitions 1

PART 2—JUDICIAL REMUNERATION TRIBUNAL 5

4 Establishment of Tribunal 55 Chairperson 56 Terms and conditions of office 67 Vacancies, resignations, removal from office 68 Acting appointments 79 Meetings of the Tribunal 710 Validity of decisions 8

PART 3—INQUIRIES AND REPORTS 9

11 Functions of the Tribunal 911A Advisory opinions 1012 Method of inquiry by Tribunal 1113 Reports 1314 Tabling before Parliament 1315 Attorney-General's certificate 14

═══════════════

ENDNOTES 16

1. General Information 16

2. Table of Amendments 17

3. Explanatory Details 19

1

Version No. 021


Version incorporating amendments as at1 February 2014

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is to establish a Judicial Remuneration Tribunal.

2 Commencement

(1) Part 1 and section 29 come into operation on 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 day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 9 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3 Definitions

In this Act—

advisory opinion means an advisory opinion of the Tribunal given under section 11A;

1

S. 1 amended by No. 1/2000 s. 7(1), substituted by No. 38/2004 s. 8.

S. 3 def. of advisory opinion inserted by No. 4/2002 s. 4.

chairperson means chairperson of the Tribunal and includes a person appointed to act as chairperson;

* * * * *

holder of an office means—

(a) the Chief Justice of the Supreme Court;

(b) the President of the Court of Appeal;

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

(d) the Judges of the Supreme Court, other than the Judges referred to in paragraphs (a), (b) and (c);

(e) the Chief Judge of the County Court;

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

(g) the Chief Magistrate;

(h) the Deputy Chief Magistrates (whether full-time or part-time);

(i) the Magistrates (whether full-time or part-time), other than the Chief Magistrate and Deputy Chief Magistrates;

(j) the Associate Judges of the Supreme Court;

(k) the associate judges of the County Court;

* * * * *

(m) the Deputy State Coroner;

2

S. 3 def. of determination inserted by No. 4/2002 s. 4, repealed by No. 38/2004 s. 9(a).

S. 3 def. of holder of an office inserted by No. 4/2002 s. 4, amended by Nos 31/2004 s. 9(a)(b), 38/2004 s. 9(b), 24/2008 s. 81, 77/2008 s. 129(Sch. 2 item 14).

s. 3

(n) the Deputy Presidents, Senior Members and Ordinary Members (whether full-time, part-time or sessional) of the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998;

* * * * *

member means member of the Tribunal;S. 3 def. of recommend-ation inserted by No. 4/2002 s. 4, amended by No. 5/2013 s. 41(a).s. 3

recommendation means a recommendation of the Tribunal in relation to conditions of service of holders of an office or reserve office holders made under section 11(1)(c);

reserve office holder means—

(a) in the case of the Supreme Court—

(i) a 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;

(ii) a reserve Associate Judge within the meaning of the Supreme Court Act 1986 engaged under section 105D of that Act to undertake the duties of an Associate Judge;

(b) in the case of the County Court—

(i) a reserve judge within the meaning of the County Court Act 1958 engaged under section

3

S. 3 def. of reserve office holder inserted by No. 5/2013 s. 41(b), amended by No. 63/2013 s. 87.

12B of that Act to undertake the duties of a judge of the court;

(ii) a reserve associate judge within the meaning of the County Court Act 1958 engaged under section 17KC of that Act to undertake the duties of an associate judge;

(c) in the case of the Magistrates' Court, a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;

Tribunal means the Judicial Remuneration Tribunal established by this Act.

__________________

4

s. 3

PART 2—JUDICIAL REMUNERATION TRIBUNAL

4 Establishment of Tribunal

(1) There is established a tribunal to be known as the Judicial Remuneration Tribunal.

(2) The Tribunal consists of 3 members appointed on a part-time basis by the Governor in Council on the recommendation of the Attorney-General.

(3) The following persons are not eligible for appointment as a member—

(a) a person who is, or who has been—

(i) the holder of a judicial office in Victoria; or

(ii) the holder of a Commonwealth judicial office; or

(iii) the holder of a judicial office in any other State or Territory of the Commonwealth;

(b) a person who holds an office or place of profit under the Crown, including a person employed under Part 3 of the Public Administration Act 2004.

* * * * *

5 Chairperson

The Governor in Council must appoint one of the members to be the chairperson of the Tribunal.

s. 4

S. 4(3) substituted by No. 4/2002 s. 5.

S. 4(3)(b) amended by No. 108/2004 s. 117(1) (Sch. 3 item 107.1).

S. 4(4) inserted by No. 4/2002 s. 5, repealed by No. 108/2004 s. 117(1) (Sch. 3 item 107.2).


5

6 Terms and conditions of office

(1) A member holds office for a term not exceeding 5 years specified in the instrument of appointment, but is eligible for re-appointment.

(2) A member holds office, subject to this Act, on such terms and conditions as to payment of allowances and expenses or any other matter, as are determined by the Governor in Council.

(3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.

7 Vacancies, resignations, removal from office

(1) The office of a member becomes vacant if the member—

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.

(2) A member may resign by writing delivered to the Attorney-General.

(3) The Governor in Council may remove a member from office for misconduct, neglect of duty or physical or mental incapacity.

s. 6

S. 6(3) substituted by Nos 46/1998s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 107.3), 80/2006 s. 26(Sch. item 56).


6

8 Acting appointments

(1) The Attorney-General may appoint a person to act in the place of the chairperson or another member who is absent or who, for any other reason, is unable to perform the duties of the office.

(2) An acting appointment is for the term, and on the conditions, including conditions as to payment of allowances and expenses, determined by the Attorney-General.

(3) A person appointed under subsection (1) has all the powers and may perform all the duties of the member for whom he or she is acting.

(4) The Attorney-General may at any time terminate an acting appointment.

9 Meetings of the Tribunal

(1) The chairperson may convene meetings of the Tribunal and, at the request of the Attorney-General, must convene a meeting.

(2) The chairperson shall preside at all meetings of the Tribunal.

(3) At a meeting of the Tribunal—

(a) the procedure shall be as determined by the Tribunal;

(b) two members, one of whom is the chairperson, constitute a quorum;

(c) all questions shall be decided by a majority of votes of the members present and voting; and

(d) the member presiding has a deliberative vote and, in the event of an equality of votes, also a casting vote.

(4) Subject to this Act, the Tribunal may regulate its own proceedings.

s. 8


7

10 Validity of decisions

An act or decision of the Tribunal is not invalid—

(a) by reason only—

(i) of a defect or irregularity in, or in connection with, the appointment of a member; or

(ii) of a vacancy in the office of a member; or

(b) on the ground that the occasion for an acting member to act had not arisen or had ceased.

__________________

s. 10


8

PART 3—INQUIRIES AND REPORTS

11 Functions of the Tribunal

(1) The Tribunal has the following functions—

* * * * *

(c) to make recommendations to the Attorney-General in relation to the following conditions of service of holders of an office or reserve office holders—

(i) leave, including annual leave, sick leave, parental leave and special leave;

(ia) additional annual leave including, but not limited to, leave under arrangements such as 48/52 schemes;

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

(iii) travelling entitlements and travelling and subsistence allowances;

(iv) reimbursement of work related expenses;

(iva) library expenses;

(ivb) other allowances;

S. 11 amended by No. 1/2000 s. 7(2), substituted by No. 4/2002 s. 6.

s. 11

S. 11(1)(a)(b) repealed by No. 38/2004 s. 10(1).

S. 11(1)(c) amended by Nos 38/2004 s. 10(2), 3/2005 s. 19, 5/2013 s. 42.

S. 11(1)(c)(ia) inserted by No. 30/2005 s. 6.

S. 11(1)(c)(iva) inserted by No. 38/2004 s. 10(3).

S. 11(1)(c)(ivb) inserted by No. 38/2004 s. 10(3).


9

(v) provision of motor vehicles for private use;

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

(vii) superannuation and associated issues, including disability benefits and recognition of prior service;

(d) any other function conferred on it under this Act or any other Act.

* * * * *

11A Advisory opinions

(1) The Attorney-General may refer any matter relating to salaries, allowances or conditions of service of holders of an office to the Tribunal for an advisory opinion.

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

* * * * *

(4) A reference of a matter for an advisory opinion must be in writing.

(5) The Attorney-General must cause notification of a reference under this section to be published in the

S. 11(2) repealed by No. 38/2004 s. 10(4).

S. 11A inserted by No. 4/2002 s. 6.

s. 11A

S. 11A(2) amended by No. 5/2013 s. 43(a).

S. 11A(3) repealed by No. 38/2004 s. 10(5), new s. 11A(3) inserted by No. 3/2005 s. 20, repealed by No. 5/2013 s. 43(b).

S. 11A(5) amended by No. 38/2004 s. 10(6).


10

Government Gazette specifying the matters referred to the Tribunal for an advisory opinion within 7 days of referring the matter to the Tribunal.

(6) Subsections (4) and (5) do not apply if the Attorney-General declares that an advisory opinion concerns matters of a confidential or personal nature.

(7) The Tribunal may inquire into and report to the Attorney-General on any matter referred to it under this section.

12 Method of inquiry by Tribunal

(1) In the performance of its functions, the Tribunal—

(a) may inform itself in such manner as it thinks fit; and

(b) may receive written or oral statements; and

(c) is not required to conduct any proceeding in a formal manner; and

(d) is not bound by the rules of evidence.

(1A) In making a recommendation or giving an advisory opinion, the Tribunal must consider the following—

(a) the importance of the judicial function to the community;

(b) the need to maintain the judiciary's standing in the community;

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

(d) movements in judicial remuneration levels in other Australian jurisdictions;

S. 11A(7) amended by No. 38/2004 s. 10(7).

s. 12

S. 12(1A) inserted by No. 4/2002 s. 7, amended by No. 38/2004 s. 11(1).


11

(e) movements in the following indicators—

(i) the Consumer Price Index;

(ii) average weekly ordinary time earnings;s. 12

S. 12(1A)(e)(iii) amended by No. 108/2004 s. 117(1) (Sch. 3 item 107.4).

(iii) executive salaries, including those of executives within the meaning of the Public Administration Act 2004 in the Victorian public service;

(f) improvements in operational efficiency;

(g) work value changes;

(h) factors relevant to Victoria, including—

(i) current public sector wages policy;

(ii) Victoria's economic circumstances;

(iii) the capacity of the State to meet a proposed increase in judicial salaries, allowances or conditions of service;

(iv) any other relevant local factors;

(i) relativities between Victorian courts and tribunals.

(2) The Tribunal may, if it thinks fit, appoint a person or persons to assist the Tribunal in an inquiry.

(3) A person appointed under subsection (2) is entitled to such fees and allowances (if any) as are determined by the Secretary to the Department of Justice.


12

13 Reports

S. 13(1) amended by No. 38/2004 s. 11(1)(2), substituted by No. 68/2012 s. 5.s. 13

(1) In the case of a recommendation, the Tribunal may report to the Attorney-General as the Tribunal considers appropriate.

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

14 Tabling before Parliament

(1) The Attorney-General must cause a copy of a report of a recommendation to be laid before each House of the Parliament within 10 sitting days after the Attorney-General receives the report.

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

S. 13 amended by No. 1/2000 s. 7(3)(a), substituted by No. 4/2002 s. 8.

S. 13(2) amended by 38/2004 s. 11(1)(3).

S. 14 substituted by No. 4/2002 s. 9.

S. 14(1) amended by No. 38/2004 s. 11(1)(4)(a)(b).

S. 14(2) amended by No. 38/2004 s. 11(5).


13

* * * * *

15 Attorney-General's certificate

(1) The Attorney-General must issue a certificate—

(a) in the case of a report containing a recommendation, authorising the adjustment of conditions of service of holders of an office or reserve office holders in accordance with that report, except so far as the Attorney-General varies or does not accept the recommendation; and

(b) in the case of a report which is an advisory opinion which the Attorney-General has accepted, authorising the adjustment of salary, allowances and conditions of service or salary or allowances or conditions of service of holders of an office in accordance with that report; and

(c) in the case of a report which is an advisory opinion which the Attorney-General has accepted, authorising the adjustment of remuneration and conditions of service or remuneration or conditions of service of reserve office holders in accordance with that report.

s. 15S. 15(2) amended by Nos 1/2000 s. 7(3)(c), 4/2002 s. 10(2).

(2) A certificate under this section must specify the date on which the adjustment of salary or

S. 14A inserted by No. 4/2002 s. 9, repealed by No. 38/2004 s. 11(6).

S. 15(1) amended by No. 1/2000 s. 7(3)(b), substituted by No. 4/2002 s. 10(1), amended by No. 38/2004 s. 11(7)(a).

S. 15(1)(a) amended by Nos 38/2004 s. 11(7)(b), 3/2005 s. 21(1), 5/2013 s. 44(a).

S. 15(1)(b) amended by Nos 38/2004 s. 11(7)(b), 3/2005 s. 21(2), substituted by No. 30/2005 s. 7.

S. 15(1)(c) inserted by No. 30/2005 s. 7, amended by No. 5/2013 s. 44(b).


14

allowances or remuneration or conditions of service comes into effect, being the date of the certificate or an earlier or later date.

* * * * *

__________________

* * * * *

═══════════════

New s. 16 inserted by No. 4/2002 s. 11, repealed by No. 38/2004 s. 11(6).

s. 16

Pt 4 (Heading and ss 16–29) repealed by No. 1/2000 s. 7(3)(d).


15

ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 15 November 1994

Legislative Council: 21 March 1995

The long title for the Bill for this Act was "A Bill to establish a tribunal in relation to the salary and allowances of Judges of the Supreme Court, Judges of the County Court, Magistrates and the holders of certain other offices, to amend the Constitution Act 1975, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and certain other Acts and for other purposes.".

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 7 and 9 March 1995 and 3 May 1995

Legislative Council: 11 and 26 April 1995

The Judicial Remuneration Tribunal Act 1995 was assented to on 16 May 1995 and came into operation as follows:

Part 1 and section 29 on 16 May 1995: section 2(1); sections 18 and 23 on 18 May 1995: Government Gazette 18 May 1995 page 1179; rest of Act on 28 September 1995: Government Gazette 28 September 1995 page 2731.

Endnotes


16

2. Table of AmendmentsThis Version incorporates amendments made to the Judicial Remuneration Tribunal Act 1995 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s

amending the Judicial Remuneration Tribunal Act 1995

Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000Assent Date: 28.3.00Commencement Date: S. 7 on 29.3.00: s. 2(1)Current State: This information relates only to the provision/s


Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002Assent Date: 3.4.02Commencement Date: 1.1.02: s. 2(2)Current State: All of Act in operation

Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004Assent Date: 1.6.04Commencement Date: S. 9 on 2.6.04: s. 2Current State: This information relates only to the provision/s


Judicial Salaries Act 2004, No. 38/2004Assent Date: 8.6.04Commencement Date: Ss 8–11 on 9.6.04: s. 2Current State: This information relates only to the provision/s


Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 107) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


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

Assent Date: 5.4.05Commencement Date: Ss 19–21 on 1.5.05: s. 2(2)Current State: This information relates only to the provision/s


Endnotes


17

Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005Assent Date: 21.6.05Commencement Date: Ss 6, 7 on 22.6.05: s. 2(1)Current State: This information relates only to the provision/s


Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06Commencement Date: S. 26(Sch. item 56) on 11.10.06: s. 2(1)Current State: This information relates only to the provision/s


Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008Assent Date: 3.6.08Commencement Date: S. 81 on 17.12.08: Special Gazette (No. 377) 16.12.08

p. 1Current State: This information relates only to the provision/s


Coroners Act 2008, No. 77/2008Assent Date: 11.12.08Commencement Date: S. 129(Sch. 2 item 14) on 1.11.09: s. 2Current State: This information relates only to the provision/s


Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012Assent Date: 20.11.12Commencement Date: S. 5 on 21.11.12: s. 2(1)Current State: This information relates only to the provision/s


Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013Assent Date: 26.2.13Commencement Date: Ss 41–44 on 27.2.13: s. 2(1)Current State: This information relates only to the provision/s


Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013Assent Date: 6.11.13Commencement Date: S. 87 on 1.2.14: s. 2(2)Current State: This information relates only to the provision/s


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Endnotes


18

3. Explanatory DetailsNo entries at date of publication.

Endnotes


19

Documents

Judicial Remuneration Tribunal Act 1995FILE/95-22a021.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01