Judicial and Related Offices
Three main Acts establish the current system of judicial remuneration:
The
Remuneration Tribunal Act 1973
(the Act) provides the Tribunal with
the power to determine remuneration and other benefits for judicial and
related offices (sub-sections 7(3) and 7(4)). Sub-section 72 (iii) of the
Constitution expressly prohibits diminution of a judge’s remuneration while
the judge remains in office. All Tribunal determinations, including those
related to judges' remuneration, can be disallowed by the Parliament. In
order to ensure that the constitutional 'no diminution' provision is
complied with, sub-section 7(5C) of
the Act specifies that judges' remuneration increases are not
paid until after the disallowance period. The principal Determination governing
judicial and related offices’ remuneration and benefits is Determination 2009/17
 . This Determination sets a base level of
remuneration and benefits (including travel allowance) for office holders,
with effect from 1 October 2009.
The Tribunal has also recently made amending
Determination
2009/21
, which provides an
increase in remuneration from 1 November 2009. This increase will be put
into effect after Determination 2009/21's disallowance period has passed. The Tribunal does not determine the entire range of employment provisions
available for judicial and related offices. Authorities may prescribe
additional remuneration and/or benefits. For example, some of judges’
entitlements are provided under legislation administered by the Commonwealth
Attorney-General (for example,
judges’ pensions in the Judges’ Pensions Act 1968
and
long-leave in the
Judges (Long Leave Payments) Act 1979). In addition to determining remuneration for federal magistrates, the
Tribunal has jurisdiction to determine their recreation leave entitlements.
Other leave entitlements for federal magistrates are provided under the
Federal Magistrates (Terms and Conditions of Appointment) Determination
2000, determined by the Governor General
(s8(1)
Federal Magistrates Act 1999) and the
Long Service Leave (Commonwealth
Employees) Act 1976. Under
the Act,
the Tribunal is required to review judicial and related offices’
remuneration at least annually. In conducting its
reviews, the Tribunal seeks submissions from courts and tribunals, and the
Government. 
|
