Judicial and Related Offices

Three main Acts establish the current system of judicial remuneration:

• the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
• Remuneration Tribunal Act 1973
• the Judges’ Pensions Act 1968

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 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.

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.

Determination 2009/21 , which incorporated a 1.5% adjustment for judicial offices, was tabled in the House of Representatives and the Senate on 16/11/2009.  The disallowance periods have now expired in both Houses.

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