Unlike other public offices, when the Remuneration Tribunal determines increases in judicial remuneration, judicial office holders must wait for 15 parliamentary sitting days in both of the House of Representatives and the Senate to pass before receiving their increase. Sub-section 7(5C) of the Remuneration Tribunal Act 1973 (the Act) provides that judges’ remuneration increases are not paid until after the disallowance period has passed.

If the Remuneration Tribunal determination specifies that the increase was operative some months previously, the affected judicial offices’ increased remuneration is backdated to that operative date. These arrangements are necessary because of sub-section 72(iii) of the Constitution which expressly prohibits diminution of a judge’s remuneration while the judge remains in office.

2. When do remuneration changes have effect for related offices?

For related offices, that is non-judicial offices such as registrars, Chief Executives of the courts, and offices of tribunals, each Remuneration Tribunal determination comes into effect from the date of signature of the determination, or another date as specified in the determination if that differs from the date of signature. In some cases, a determination may have an operative date that is the date of signature, but some provisions may come into operation at a different date as specified. All Tribunal determinations are disallowable instruments (subject to the provisions of the Legislative Instruments Act 2003).

3. What happens if remuneration changes for related offices are disallowed?

Sub-section 7(8) of the Act provides that either house, within 15 sitting days after the determination has been tabled, may pass a resolution ‘disapproving’ of the determination. If a determination that is disapproved (disallowed) has already come into operation, the determination does not have any force or effect on or after the day on which the resolution was passed.

However, disallowance does not apply retrospectively. This means, for example, that related office holders who have already received a pay rise do not have to repay any additional remuneration they have already received. However, from the date of disallowance, their pay reverts to it’s previous level.

4. Where can I find judges’ remuneration on the website?

Judges' remuneration is set out in Determination 2009/17 .

5. Where can I find related offices’ remuneration on the website?

Related offices are set out in Determination 2009/17 .

6. What increases has the Tribunal most recently determined for Judicial and Related Offices?

Following its Review of Remuneration Relativities among Australia's Federal Courts (report published on 13 October 2009), the Tribunal determined a 1.5% increase from 1 November 2009 and a further 1.5% increase from 1 May 2010. Most recently, the Tribunal has also determined a 4.1% increase for public office holders within the Tribunal's jurisdiction, including judicial and related offices, as part of the 2010 Annual Review, with effect on and from 1 August 2010.

The Determinations giving effect to the 1 May 2010 and 1 August 2010 increases (Determination 2010/03: Judicial and Related Offices - Remuneration and Allowances and Determination 2010/12: Judicial and Related Offices - Remuneration and Allowances ) have not yet passed their relevant disallowance periods. (Use the links at http://www.aph.gov.au/leg_instruments/index.htm to follow the progress of these two instruments).

The Review report and the Determinations are available on the Tribunal's website.

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