{"id":"qld:act-2007-055","name":"Judicial Remuneration Act 2007","slug":"judicial-remuneration-act-2007","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"55 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30251,"registerId":"qld-act-2007-055-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Judicial Remuneration Act 2007 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the following provisions, commence on a day to be fixed by proclamation—\npart 5 , divisions 4 and 5\nschedule 1 , to the extent of the amendment of—\nthe Industrial Relations Act 1999 , amendment 1\nthe Industrial Relations Act and Other Legislation Amendment Act 2007\nthe Magistrates Courts Act 1921\nthe Supreme Court of Queensland Act 1991 , amendments 4 and 5.\nSchedule 1 , to the extent of the amendment of the Supreme Court of Queensland Act 1991 , amendments 4 and 5, commences on 1 January 2008.\n(sec.2-ssec.1) This Act, other than the following provisions, commence on a day to be fixed by proclamation— part 5 , divisions 4 and 5 schedule 1 , to the extent of the amendment of— the Industrial Relations Act 1999 , amendment 1 the Industrial Relations Act and Other Legislation Amendment Act 2007 the Magistrates Courts Act 1921 the Supreme Court of Queensland Act 1991 , amendments 4 and 5.\n(sec.2-ssec.2) Schedule 1 , to the extent of the amendment of the Supreme Court of Queensland Act 1991 , amendments 4 and 5, commences on 1 January 2008.\n- • part 5 , divisions 4 and 5\n- • schedule 1 , to the extent of the amendment of— • the Industrial Relations Act 1999 , amendment 1 • the Industrial Relations Act and Other Legislation Amendment Act 2007 • the Magistrates Courts Act 1921 • the Supreme Court of Queensland Act 1991 , amendments 4 and 5.\n- • the Industrial Relations Act 1999 , amendment 1\n- • the Industrial Relations Act and Other Legislation Amendment Act 2007\n- • the Magistrates Courts Act 1921\n- • the Supreme Court of Queensland Act 1991 , amendments 4 and 5.\n- • the Industrial Relations Act 1999 , amendment 1\n- • the Industrial Relations Act and Other Legislation Amendment Act 2007\n- • the Magistrates Courts Act 1921\n- • the Supreme Court of Queensland Act 1991 , amendments 4 and 5.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose","content":"### sec.3 Main purpose\n\nThe main purpose of this Act is to provide for salaries and allowances for judicial officers in a way that—\nmaintains judicial independence; and\nensures Queensland continues to attract and retain judicial officers of the highest quality; and\nis generally consistent with other Australian jurisdictions.\n- (a) maintains judicial independence; and\n- (b) ensures Queensland continues to attract and retain judicial officers of the highest quality; and\n- (c) is generally consistent with other Australian jurisdictions.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Salaries generally and jurisprudential allowances for particular judicial officers","content":"# Salaries generally and jurisprudential allowances for particular judicial officers","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Supreme Court judge other than Chief Justice or President of the Court of Appeal","content":"### sec.5 Supreme Court judge other than Chief Justice or President of the Court of Appeal\n\nA Supreme Court judge, other than the Chief Justice or the President of the Court of Appeal, is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to the salary payable to a Federal Court judge for the financial year.","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Reserve Supreme Court judge or retired acting Supreme Court judge","content":"### sec.5A Reserve Supreme Court judge or retired acting Supreme Court judge\n\nA reserve Supreme Court judge or retired acting Supreme Court judge engaged, or appointed to act, on a full-time basis is entitled to be paid, for a financial year, an amount equivalent to the amount payable to a Supreme Court judge under sections 5 and 21 , less any amount the judge receives as a pension.\nA reserve Supreme Court judge or retired acting Supreme Court judge engaged, or appointed to act, on a sessional basis is entitled to be paid an amount decided by the Governor in Council and stated in the judge’s commission of appointment.\nThe amount decided under subsection (2) must not be less than the amount worked out using the formula—\nA = B – C\nwhere—\nA is the minimum amount that a retired judge is entitled to be paid.\nB is the amount a Supreme Court judge would be entitled to be paid, on a pro rata basis, under sections 5 and 21 for the same period the retired judge sits as a judge.\nC is the amount the retired judge receives as a pension for the period the retired judge sits as a judge.\nFor the remuneration of an acting judge who is not a retired acting Supreme Court judge, see the Supreme Court of Queensland Act 1991 , section 6 (9) .\nIn this section—\npension includes a pension to which a person is entitled on retirement as a judge under an Act of the Commonwealth or another State.\nreserve Supreme Court judge means a person appointed as a reserve judge under the Supreme Court of Queensland Act 1991 , section 6A .\nretired acting Supreme Court judge means a retired Supreme Court judge appointed to act as a judge under the Supreme Court of Queensland Act 1991 , section 6 (1) , (2) or (4) .\ns 5A ins 2013 No. 35 s 91\namd 2024 No. 47 s 64B\n(sec.5A-ssec.1) A reserve Supreme Court judge or retired acting Supreme Court judge engaged, or appointed to act, on a full-time basis is entitled to be paid, for a financial year, an amount equivalent to the amount payable to a Supreme Court judge under sections 5 and 21 , less any amount the judge receives as a pension.\n(sec.5A-ssec.2) A reserve Supreme Court judge or retired acting Supreme Court judge engaged, or appointed to act, on a sessional basis is entitled to be paid an amount decided by the Governor in Council and stated in the judge’s commission of appointment.\n(sec.5A-ssec.3) The amount decided under subsection (2) must not be less than the amount worked out using the formula— A = B – C where— A is the minimum amount that a retired judge is entitled to be paid. B is the amount a Supreme Court judge would be entitled to be paid, on a pro rata basis, under sections 5 and 21 for the same period the retired judge sits as a judge. C is the amount the retired judge receives as a pension for the period the retired judge sits as a judge. For the remuneration of an acting judge who is not a retired acting Supreme Court judge, see the Supreme Court of Queensland Act 1991 , section 6 (9) .\n(sec.5A-ssec.4) In this section— pension includes a pension to which a person is entitled on retirement as a judge under an Act of the Commonwealth or another State. reserve Supreme Court judge means a person appointed as a reserve judge under the Supreme Court of Queensland Act 1991 , section 6A . retired acting Supreme Court judge means a retired Supreme Court judge appointed to act as a judge under the Supreme Court of Queensland Act 1991 , section 6 (1) , (2) or (4) .","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Chief Justice","content":"### sec.6 Chief Justice\n\nThe Chief Justice is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 113.2% of the benchmark amount for the financial year.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"President of the Court of Appeal","content":"### sec.7 President of the Court of Appeal\n\nThe President of the Court of Appeal is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 97.5% of the amount the Chief Justice is entitled, under section 6 , to be paid for the financial year.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Chief Judge","content":"### sec.8 Chief Judge\n\nThe Chief Judge is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 100% of the benchmark amount for the financial year.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"District Court judge other than the Chief Judge","content":"### sec.9 District Court judge other than the Chief Judge\n\nA District Court judge, other than the Chief Judge, is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 90% of the benchmark amount for the financial year.\ns 9 amd 2013 No. 35 s 92 ; 2024 No. 47 s 64C","sortOrder":11},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Reserve District Court judge or retired acting District Court judge","content":"### sec.9A Reserve District Court judge or retired acting District Court judge\n\nA reserve District Court judge or retired acting District Court judge engaged, or appointed to act, on a full-time basis is entitled to be paid, for a financial year, an amount equivalent to the amount payable to a District Court judge under sections 9 and 21 , less any amount the judge receives as a pension.\nA reserve District Court judge or retired acting District Court judge engaged, or appointed to act, on a sessional basis is entitled to be paid an amount decided by the Governor in Council and stated in the judge’s commission of appointment.\nThe amount decided under subsection (2) must not be less than the amount worked out using the formula—\nA = B – C\nwhere—\nA is the minimum amount that a retired judge is entitled to be paid.\nB is the amount a District Court judge would be entitled to be paid, on a pro rata basis, under sections 9 and 21 for the same period the retired judge sits as a judge.\nC is the amount the retired judge receives as a pension for the period the retired judge sits as a judge.\nIn this section—\npension includes a pension to which a person is entitled on retirement as a judge under an Act of the Commonwealth or another State.\nreserve District Court judge means a person appointed as a reserve judge under the District Court of Queensland Act 1967 , section 18 .\nretired acting District Court judge means a retired District Court judge appointed to act as a judge under the District Court of Queensland Act 1967 , section 17 (3) .\ns 9A ins 2013 No. 35 s 93\namd 2024 No. 47 s 64D\n(sec.9A-ssec.1) A reserve District Court judge or retired acting District Court judge engaged, or appointed to act, on a full-time basis is entitled to be paid, for a financial year, an amount equivalent to the amount payable to a District Court judge under sections 9 and 21 , less any amount the judge receives as a pension.\n(sec.9A-ssec.2) A reserve District Court judge or retired acting District Court judge engaged, or appointed to act, on a sessional basis is entitled to be paid an amount decided by the Governor in Council and stated in the judge’s commission of appointment.\n(sec.9A-ssec.3) The amount decided under subsection (2) must not be less than the amount worked out using the formula— A = B – C where— A is the minimum amount that a retired judge is entitled to be paid. B is the amount a District Court judge would be entitled to be paid, on a pro rata basis, under sections 9 and 21 for the same period the retired judge sits as a judge. C is the amount the retired judge receives as a pension for the period the retired judge sits as a judge.\n(sec.9A-ssec.6) In this section— pension includes a pension to which a person is entitled on retirement as a judge under an Act of the Commonwealth or another State. reserve District Court judge means a person appointed as a reserve judge under the District Court of Queensland Act 1967 , section 18 . retired acting District Court judge means a retired District Court judge appointed to act as a judge under the District Court of Queensland Act 1967 , section 17 (3) .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"President of the Land Court","content":"### sec.10 President of the Land Court\n\nThe President of the Land Court is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 100% of the benchmark amount for the financial year.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Member of the Land Court other than the President of the Land Court","content":"### sec.11 Member of the Land Court other than the President of the Land Court\n\nA member of the Land Court, other than the President of the Land Court, is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 90% of the benchmark amount for the financial year.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Presidential members under the Industrial Relations Act 2016","content":"### sec.12 Presidential members under the Industrial Relations Act 2016\n\nThe President of the Industrial Court is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 100% of the benchmark amount for the financial year.\nThe Vice-President of the Industrial Court is entitled to be paid the following amounts for a financial year—\nan amount, as salary, that is equal to 97% of the amount that the President of the Industrial Court is entitled, under subsection (1) , to be paid as salary for the financial year;\nan amount, as jurisprudential allowance, that is equal to 100% of the amount that a District Court judge is entitled, under section 9 , to be paid as jurisprudential allowance for the financial year.\nA deputy president of the Industrial Court or Commission is entitled to be paid an amount for a financial year, as salary, that is equal to 90% of the amount that the President of the Industrial Court is entitled, under subsection (1) , to be paid as salary for the financial year.\ns 12 amd 2013 No. 29 s 59ZD ; 2016 No. 63 s 1157 sch 6\n(sec.12-ssec.1) The President of the Industrial Court is entitled to be paid an amount for a financial year, as salary and jurisprudential allowance, that is equal to 100% of the benchmark amount for the financial year.\n(sec.12-ssec.2) The Vice-President of the Industrial Court is entitled to be paid the following amounts for a financial year— an amount, as salary, that is equal to 97% of the amount that the President of the Industrial Court is entitled, under subsection (1) , to be paid as salary for the financial year; an amount, as jurisprudential allowance, that is equal to 100% of the amount that a District Court judge is entitled, under section 9 , to be paid as jurisprudential allowance for the financial year.\n(sec.12-ssec.3) A deputy president of the Industrial Court or Commission is entitled to be paid an amount for a financial year, as salary, that is equal to 90% of the amount that the President of the Industrial Court is entitled, under subsection (1) , to be paid as salary for the financial year.\n- (a) an amount, as salary, that is equal to 97% of the amount that the President of the Industrial Court is entitled, under subsection (1) , to be paid as salary for the financial year;\n- (b) an amount, as jurisprudential allowance, that is equal to 100% of the amount that a District Court judge is entitled, under section 9 , to be paid as jurisprudential allowance for the financial year.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Industrial Commissioner","content":"### sec.13 Industrial Commissioner\n\nAn industrial commissioner is entitled to be paid an amount for a financial year, as salary, that is equal to 85% of the amount that the President of the Industrial Court is entitled, under section 12 (1) , to be paid as salary for the financial year.\ns 13 amd 2013 No. 29 s 59ZE","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Chief Magistrate and Deputy Chief Magistrate","content":"### sec.14 Chief Magistrate and Deputy Chief Magistrate\n\nSubject to subsection (2) , the Chief Magistrate is entitled to be paid an amount for a financial year, as salary, that is equal to 85.5% of the benchmark amount for the financial year.\nSubsection (1) does not apply to the Chief Magistrate if he or she is a District Court judge.\nThe Deputy Chief Magistrate is entitled to be paid an amount for a financial year, as salary, that is midway between the following—\nthe amount a Chief Magistrate who is not a District Court judge is, under subsection (1) , entitled to be paid for the financial year;\nthe amount a magistrate, other than the Chief Magistrate or Deputy Chief Magistrate, is, under section 15 , entitled to be paid for the financial year.\n(sec.14-ssec.1) Subject to subsection (2) , the Chief Magistrate is entitled to be paid an amount for a financial year, as salary, that is equal to 85.5% of the benchmark amount for the financial year.\n(sec.14-ssec.2) Subsection (1) does not apply to the Chief Magistrate if he or she is a District Court judge.\n(sec.14-ssec.3) The Deputy Chief Magistrate is entitled to be paid an amount for a financial year, as salary, that is midway between the following— the amount a Chief Magistrate who is not a District Court judge is, under subsection (1) , entitled to be paid for the financial year; the amount a magistrate, other than the Chief Magistrate or Deputy Chief Magistrate, is, under section 15 , entitled to be paid for the financial year.\n- (a) the amount a Chief Magistrate who is not a District Court judge is, under subsection (1) , entitled to be paid for the financial year;\n- (b) the amount a magistrate, other than the Chief Magistrate or Deputy Chief Magistrate, is, under section 15 , entitled to be paid for the financial year.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Magistrate other than Chief Magistrate or Deputy Chief Magistrate","content":"### sec.15 Magistrate other than Chief Magistrate or Deputy Chief Magistrate\n\nA magistrate, other than the Chief Magistrate or the Deputy Chief Magistrate, is entitled to be paid an amount for a financial year, as salary, that is equal to 78.7% of the benchmark amount for the financial year.","sortOrder":18},{"sectionNumber":"pt.3","sectionType":"part","heading":"Allowances for particular judicial officers","content":"# Allowances for particular judicial officers","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Jurisprudential allowance","content":"### sec.16 Jurisprudential allowance\n\nThe purpose of this section is to make provision for a jurisprudential allowance payable as mentioned in part 2 for each financial year to particular judicial officers.\nEach of the following judicial officers is entitled to the payment of a jurisprudential allowance—\nthe Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\nthe Chief Judge and the other District Court judges;\nthe President of the Land Court and the other members of the Land Court;\nthe President of the Industrial Court;\nthe Vice-President of the Industrial Court.\nThe amount of the jurisprudential allowance payable for a financial year to each judicial officer increases each financial year at the same rate as the salary for the judicial officer increases for that year.\ns 16 amd 2013 No. 29 s 59ZF\n(sec.16-ssec.1) The purpose of this section is to make provision for a jurisprudential allowance payable as mentioned in part 2 for each financial year to particular judicial officers.\n(sec.16-ssec.2) Each of the following judicial officers is entitled to the payment of a jurisprudential allowance— the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges; the Chief Judge and the other District Court judges; the President of the Land Court and the other members of the Land Court; the President of the Industrial Court; the Vice-President of the Industrial Court.\n(sec.16-ssec.3) The amount of the jurisprudential allowance payable for a financial year to each judicial officer increases each financial year at the same rate as the salary for the judicial officer increases for that year.\n- (a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\n- (b) the Chief Judge and the other District Court judges;\n- (c) the President of the Land Court and the other members of the Land Court;\n- (d) the President of the Industrial Court;\n- (e) the Vice-President of the Industrial Court.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Jurisprudential allowance may be paid as reimbursement","content":"### sec.17 Jurisprudential allowance may be paid as reimbursement\n\nA judicial officer entitled to be paid a jurisprudential allowance may be paid all or part of the amount of the jurisprudential allowance for a financial year to reimburse his or her vouched or estimated expenses incurred during the financial year for the cost of self-education.\nIf an amount of a jurisprudential allowance for a financial year is not paid to the judicial officer under subsection (1) , the amount may be paid to the judicial officer to reimburse his or her vouched or estimated expenses incurred in a later financial year for the cost of self-education.\nHowever, a judicial officer is not entitled to be paid an amount of a jurisprudential allowance for a financial year under subsection (2) in relation to his or her vouched or estimated expenses incurred after the end of the period of 7 financial years after the end of the financial year to which the allowance relates.\nThe cost of self-education includes the cost of a spouse accompanying a judicial officer to a place for the self-education.\nAn estimated expense must be acquitted.\n(sec.17-ssec.1) A judicial officer entitled to be paid a jurisprudential allowance may be paid all or part of the amount of the jurisprudential allowance for a financial year to reimburse his or her vouched or estimated expenses incurred during the financial year for the cost of self-education.\n(sec.17-ssec.2) If an amount of a jurisprudential allowance for a financial year is not paid to the judicial officer under subsection (1) , the amount may be paid to the judicial officer to reimburse his or her vouched or estimated expenses incurred in a later financial year for the cost of self-education.\n(sec.17-ssec.3) However, a judicial officer is not entitled to be paid an amount of a jurisprudential allowance for a financial year under subsection (2) in relation to his or her vouched or estimated expenses incurred after the end of the period of 7 financial years after the end of the financial year to which the allowance relates.\n(sec.17-ssec.4) The cost of self-education includes the cost of a spouse accompanying a judicial officer to a place for the self-education.\n(sec.17-ssec.5) An estimated expense must be acquitted.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Jurisprudential allowance may be paid as salary","content":"### sec.18 Jurisprudential allowance may be paid as salary\n\nA judicial officer entitled to be paid a jurisprudential allowance may elect to be paid all or part of the amount of the jurisprudential allowance as salary.\nIf an election under subsection (1) is made by the judicial officer, the amount of the jurisprudential allowance for a financial year is payable to the judicial officer on a pro rata basis at the same time as salary.\n(sec.18-ssec.1) A judicial officer entitled to be paid a jurisprudential allowance may elect to be paid all or part of the amount of the jurisprudential allowance as salary.\n(sec.18-ssec.2) If an election under subsection (1) is made by the judicial officer, the amount of the jurisprudential allowance for a financial year is payable to the judicial officer on a pro rata basis at the same time as salary.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Jurisprudential allowance may be paid as lump sum","content":"### sec.19 Jurisprudential allowance may be paid as lump sum\n\nThis section applies to an amount of a jurisprudential allowance for a financial year that a judicial officer is entitled to be paid but is not paid to the judicial officer under section 17 or 18 .\nThe judicial officer may elect to be paid all or part of the amount as a lump sum, including as a lump sum on retirement or resignation.\nHowever, a judicial officer is not entitled to be paid all or part of the amount of a jurisprudential allowance for a financial year as a lump sum after the end of the period of 7 financial years after the end of the financial year to which the allowance relates.\n(sec.19-ssec.1) This section applies to an amount of a jurisprudential allowance for a financial year that a judicial officer is entitled to be paid but is not paid to the judicial officer under section 17 or 18 .\n(sec.19-ssec.2) The judicial officer may elect to be paid all or part of the amount as a lump sum, including as a lump sum on retirement or resignation.\n(sec.19-ssec.3) However, a judicial officer is not entitled to be paid all or part of the amount of a jurisprudential allowance for a financial year as a lump sum after the end of the period of 7 financial years after the end of the financial year to which the allowance relates.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Education and conference allowance","content":"### sec.20 Education and conference allowance\n\nThe purpose of this section is to make provision for an education and conference allowance payable for each financial year to particular judicial officers.\nEach of the following judicial officers is entitled to the payment of an education and conference allowance—\na deputy president of the Industrial Court or Commission;\nan industrial commissioner.\nThe amount of the education and conference allowance payable for a financial year to each judicial officer increases each financial year at the same rate as the salary for the judicial officer increases for that year.\nIf the increase of the education and conference allowance for a financial year is worked out after the start of that year, it must be backdated to the start.\nThe education and conference allowance for a financial year may be paid to a judicial officer to reimburse his or her vouched or estimated expenses incurred during the financial year for the cost of self-education.\nAn amount of education and conference allowance for a financial year that is not paid to a judicial officer under subsection (5) may be paid to the judicial officer to reimburse his or her vouched or estimated expenses incurred in a later financial year for the cost of self-education.\nThe education and conference allowance is not payable at any time as salary or a lump sum, including as a lump sum on retirement or resignation.\nAn estimated expense must be acquitted.\ns 20 amd 2013 No. 29 s 59ZG\n(sec.20-ssec.1) The purpose of this section is to make provision for an education and conference allowance payable for each financial year to particular judicial officers.\n(sec.20-ssec.2) Each of the following judicial officers is entitled to the payment of an education and conference allowance— a deputy president of the Industrial Court or Commission; an industrial commissioner.\n(sec.20-ssec.3) The amount of the education and conference allowance payable for a financial year to each judicial officer increases each financial year at the same rate as the salary for the judicial officer increases for that year.\n(sec.20-ssec.4) If the increase of the education and conference allowance for a financial year is worked out after the start of that year, it must be backdated to the start.\n(sec.20-ssec.5) The education and conference allowance for a financial year may be paid to a judicial officer to reimburse his or her vouched or estimated expenses incurred during the financial year for the cost of self-education.\n(sec.20-ssec.6) An amount of education and conference allowance for a financial year that is not paid to a judicial officer under subsection (5) may be paid to the judicial officer to reimburse his or her vouched or estimated expenses incurred in a later financial year for the cost of self-education.\n(sec.20-ssec.7) The education and conference allowance is not payable at any time as salary or a lump sum, including as a lump sum on retirement or resignation.\n(sec.20-ssec.8) An estimated expense must be acquitted.\n- (a) a deputy president of the Industrial Court or Commission;\n- (b) an industrial commissioner.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Expense-of-office allowance","content":"### sec.21 Expense-of-office allowance\n\nThe purpose of this section is to make provision for an expense-of-office allowance payable for each financial year to particular judicial officers.\nEach of the following judicial officers is entitled to the payment of an expense-of-office allowance—\nthe Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\nthe Chief Judge and the other District Court judges;\nthe President of the Land Court and the other members of the Land Court;\nthe President of the Industrial Court.\nThe amount of the expense-of-office allowance for a financial year payable to a judicial officer increases each financial year in accordance with the consumer price index for the preceding financial year.\nIf the increase of the expense-of-office allowance for a financial year is worked out after the start of that year, it must be backdated to the start.\nThe expense-of-office allowance for a financial year may be paid to a judicial officer to reimburse his or her vouched expenses in that year for 1 or more of the following—\nattendance by the judicial officer and his or her spouse at official functions, conferences and conventions;\nlibrary books and subscriptions and maintenance, binding and insurance of the books or matters covered by the subscriptions;\nfees for membership of professional associations;\npurchase, maintenance and insurance of judicial wigs and regalia;\npurchase of newspapers and periodicals;\ntravel for the judicial officer and his or her spouse, including accommodation as part of the travel, in connection with official functions, conferences, conventions and academic activities.\nHowever the expense-of-office allowance payable for a financial year to a judicial officer may only be paid for a purpose mentioned in subsection (5) (f) if the judicial officer has not travelled at public expense during the financial year for more than the following—\nonce overseas otherwise than to or from New Zealand;\ntwice within Australia or to, from or within New Zealand.\nFor subsection (6) , the class of travel undertaken by a judicial officer is irrelevant.\nAn amount of expense-of-office allowance for a financial year that is not paid to a judicial officer under subsection (5) may be paid to the judicial officer to reimburse expenses incurred in a later financial year for a matter mentioned in that subsection.\nThe expense-of-office allowance is not payable at any time as salary or a lump sum, including as a lump sum on retirement or resignation.\nIn this section—\nat public expense , in relation to travel, means all or part of the cost of the travel was paid for using an amount paid as education and conference allowance or expense-of-office allowance.\nconsumer price index means either of the following—\nthe Consumer Price Index (All Groups) Brisbane, as published by the Australian Statistician, Brisbane;\nif another index is nominated by the Australian Statistician as mentioned in section 30 , the other index.\n(sec.21-ssec.1) The purpose of this section is to make provision for an expense-of-office allowance payable for each financial year to particular judicial officers.\n(sec.21-ssec.2) Each of the following judicial officers is entitled to the payment of an expense-of-office allowance— the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges; the Chief Judge and the other District Court judges; the President of the Land Court and the other members of the Land Court; the President of the Industrial Court.\n(sec.21-ssec.3) The amount of the expense-of-office allowance for a financial year payable to a judicial officer increases each financial year in accordance with the consumer price index for the preceding financial year.\n(sec.21-ssec.4) If the increase of the expense-of-office allowance for a financial year is worked out after the start of that year, it must be backdated to the start.\n(sec.21-ssec.5) The expense-of-office allowance for a financial year may be paid to a judicial officer to reimburse his or her vouched expenses in that year for 1 or more of the following— attendance by the judicial officer and his or her spouse at official functions, conferences and conventions; library books and subscriptions and maintenance, binding and insurance of the books or matters covered by the subscriptions; fees for membership of professional associations; purchase, maintenance and insurance of judicial wigs and regalia; purchase of newspapers and periodicals; travel for the judicial officer and his or her spouse, including accommodation as part of the travel, in connection with official functions, conferences, conventions and academic activities.\n(sec.21-ssec.6) However the expense-of-office allowance payable for a financial year to a judicial officer may only be paid for a purpose mentioned in subsection (5) (f) if the judicial officer has not travelled at public expense during the financial year for more than the following— once overseas otherwise than to or from New Zealand; twice within Australia or to, from or within New Zealand.\n(sec.21-ssec.7) For subsection (6) , the class of travel undertaken by a judicial officer is irrelevant.\n(sec.21-ssec.8) An amount of expense-of-office allowance for a financial year that is not paid to a judicial officer under subsection (5) may be paid to the judicial officer to reimburse expenses incurred in a later financial year for a matter mentioned in that subsection.\n(sec.21-ssec.9) The expense-of-office allowance is not payable at any time as salary or a lump sum, including as a lump sum on retirement or resignation.\n(sec.21-ssec.10) In this section— at public expense , in relation to travel, means all or part of the cost of the travel was paid for using an amount paid as education and conference allowance or expense-of-office allowance. consumer price index means either of the following— the Consumer Price Index (All Groups) Brisbane, as published by the Australian Statistician, Brisbane; if another index is nominated by the Australian Statistician as mentioned in section 30 , the other index.\n- (a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\n- (b) the Chief Judge and the other District Court judges;\n- (c) the President of the Land Court and the other members of the Land Court;\n- (d) the President of the Industrial Court.\n- (a) attendance by the judicial officer and his or her spouse at official functions, conferences and conventions;\n- (b) library books and subscriptions and maintenance, binding and insurance of the books or matters covered by the subscriptions;\n- (c) fees for membership of professional associations;\n- (d) purchase, maintenance and insurance of judicial wigs and regalia;\n- (e) purchase of newspapers and periodicals;\n- (f) travel for the judicial officer and his or her spouse, including accommodation as part of the travel, in connection with official functions, conferences, conventions and academic activities.\n- (a) once overseas otherwise than to or from New Zealand;\n- (b) twice within Australia or to, from or within New Zealand.\n- (a) the Consumer Price Index (All Groups) Brisbane, as published by the Australian Statistician, Brisbane;\n- (b) if another index is nominated by the Australian Statistician as mentioned in section 30 , the other index.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Long leave allowance","content":"### sec.22 Long leave allowance\n\nThe purpose of this section is to make provision for a long leave allowance payable for each financial year to particular judicial officers.\nEach of the following judicial officers is entitled to the payment of a long leave allowance for each financial year—\nthe Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\nthe Chief Judge and the other District Court judges;\nthe President of the Land Court and the other members of the Land Court;\na presidential member under the Industrial Relations Act 2016 .\nSubject to subsection (4) , the amount of the long leave allowance for the judicial officer for a financial year is 2.86% of the amount of the salary to which the officer is entitled for the financial year.\nThe long leave allowance is to be paid on a pro rata basis at the same time as salary.\ns 22 amd 2013 No. 29 s 59ZH ; 2016 No. 63 s 1157 sch 6\n(sec.22-ssec.1) The purpose of this section is to make provision for a long leave allowance payable for each financial year to particular judicial officers.\n(sec.22-ssec.2) Each of the following judicial officers is entitled to the payment of a long leave allowance for each financial year— the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges; the Chief Judge and the other District Court judges; the President of the Land Court and the other members of the Land Court; a presidential member under the Industrial Relations Act 2016 .\n(sec.22-ssec.3) Subject to subsection (4) , the amount of the long leave allowance for the judicial officer for a financial year is 2.86% of the amount of the salary to which the officer is entitled for the financial year.\n(sec.22-ssec.4) The long leave allowance is to be paid on a pro rata basis at the same time as salary.\n- (a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\n- (b) the Chief Judge and the other District Court judges;\n- (c) the President of the Land Court and the other members of the Land Court;\n- (d) a presidential member under the Industrial Relations Act 2016 .","sortOrder":26},{"sectionNumber":"pt.4","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Appropriation","content":"### sec.23 Appropriation\n\nSubject to subsection (2) , the following are payable out of the consolidated fund and the fund is appropriated accordingly—\namounts for salaries and allowances payable under this Act;\namounts payable under a determination mentioned in section 26 .\nThis section does not affect the Constitution of Queensland 2001 , section 62 (3) .\n(sec.23-ssec.1) Subject to subsection (2) , the following are payable out of the consolidated fund and the fund is appropriated accordingly— amounts for salaries and allowances payable under this Act; amounts payable under a determination mentioned in section 26 .\n(sec.23-ssec.2) This section does not affect the Constitution of Queensland 2001 , section 62 (3) .\n- (a) amounts for salaries and allowances payable under this Act;\n- (b) amounts payable under a determination mentioned in section 26 .","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"No decrease of salaries and allowances","content":"### sec.24 No decrease of salaries and allowances\n\nThe total amount of salary and allowances payable to a judicial officer for a financial year under this Act can not be decreased in any later financial year.\nSubsection (1) has effect despite any other provision of this Act.\nThis section does not affect the Constitution of Queensland 2001 , section 62 (2) .\n(sec.24-ssec.1) The total amount of salary and allowances payable to a judicial officer for a financial year under this Act can not be decreased in any later financial year.\n(sec.24-ssec.2) Subsection (1) has effect despite any other provision of this Act.\n(sec.24-ssec.3) This section does not affect the Constitution of Queensland 2001 , section 62 (2) .","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Adjustment of salary of Federal Court judge","content":"### sec.25 Adjustment of salary of Federal Court judge\n\nAn adjustment of an amount payable to a judicial officer under part 2 in relation to a financial year only takes effect as provided by subsection (2) .\nIf—\nan adjustment of the salary of a Federal Court Judge takes effect during the financial year; and\nthe relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 (Cwlth) ;\nthe adjustment takes effect on the later of the following—\nthe beginning of the day after the last day on which either House of that Parliament could have passed a resolution in relation to that determination;\nthe date on which that determination takes effect.\nIf, under subsection (2) , an adjustment takes effect after the date mentioned in subsection (2) (d) , a judicial officer who held the relevant office at any time during the period of deferral is entitled to receive the difference between—\nthe amount that would have been payable to him or her during the period of deferral if the adjustment had taken effect on the date mentioned in subsection (2) (d) ; and\nthe amount that was payable to him or her in relation to the period of deferral.\nIn this section—\nFederal Remuneration Tribunal means the Remuneration Tribunal established by the Remuneration Tribunal Act 1973 (Cwlth) , section 4 (1) .\nperiod of deferral , in relation to an adjustment, means the period starting on the date mentioned in subsection (2) (d) and ending on the day on which the adjustment takes effect.\n(sec.25-ssec.1) An adjustment of an amount payable to a judicial officer under part 2 in relation to a financial year only takes effect as provided by subsection (2) .\n(sec.25-ssec.2) If— an adjustment of the salary of a Federal Court Judge takes effect during the financial year; and the relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 (Cwlth) ; the adjustment takes effect on the later of the following— the beginning of the day after the last day on which either House of that Parliament could have passed a resolution in relation to that determination; the date on which that determination takes effect.\n(sec.25-ssec.3) If, under subsection (2) , an adjustment takes effect after the date mentioned in subsection (2) (d) , a judicial officer who held the relevant office at any time during the period of deferral is entitled to receive the difference between— the amount that would have been payable to him or her during the period of deferral if the adjustment had taken effect on the date mentioned in subsection (2) (d) ; and the amount that was payable to him or her in relation to the period of deferral.\n(sec.25-ssec.4) In this section— Federal Remuneration Tribunal means the Remuneration Tribunal established by the Remuneration Tribunal Act 1973 (Cwlth) , section 4 (1) . period of deferral , in relation to an adjustment, means the period starting on the date mentioned in subsection (2) (d) and ending on the day on which the adjustment takes effect.\n- (a) an adjustment of the salary of a Federal Court Judge takes effect during the financial year; and\n- (b) the relevant determination of the Federal Remuneration Tribunal is not disapproved of by a resolution passed by either House of the Parliament of the Commonwealth under the Remuneration Tribunal Act 1973 (Cwlth) ;\n- (c) the beginning of the day after the last day on which either House of that Parliament could have passed a resolution in relation to that determination;\n- (d) the date on which that determination takes effect.\n- (a) the amount that would have been payable to him or her during the period of deferral if the adjustment had taken effect on the date mentioned in subsection (2) (d) ; and\n- (b) the amount that was payable to him or her in relation to the period of deferral.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Determination made under the Supreme Court of Queensland Act 1991  relating to pension entitlements","content":"### sec.26 Determination made under the Supreme Court of Queensland Act 1991  relating to pension entitlements\n\nThis section applies in relation to a person who—\nwas appointed as a justice of the Court of Appeal before 1 August 1997; and\nhad retired before the commencement of this section.\nThis section also applies to the determination made under the Supreme Court of Queensland Act 1991 by the Governor in Council on 24 October 1991 in relation to pension entitlements to the extent the determination related to the person before the commencement of this section.\nThe determination continues to have effect—\nfor deciding pension entitlements in relation to the person; and\nas the appropriate way in which pension entitlements are to be worked out.\n(sec.26-ssec.1) This section applies in relation to a person who— was appointed as a justice of the Court of Appeal before 1 August 1997; and had retired before the commencement of this section.\n(sec.26-ssec.2) This section also applies to the determination made under the Supreme Court of Queensland Act 1991 by the Governor in Council on 24 October 1991 in relation to pension entitlements to the extent the determination related to the person before the commencement of this section.\n(sec.26-ssec.3) The determination continues to have effect— for deciding pension entitlements in relation to the person; and as the appropriate way in which pension entitlements are to be worked out.\n- (a) was appointed as a justice of the Court of Appeal before 1 August 1997; and\n- (b) had retired before the commencement of this section.\n- (a) for deciding pension entitlements in relation to the person; and\n- (b) as the appropriate way in which pension entitlements are to be worked out.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Notification of salary and allowances","content":"### sec.27 Notification of salary and allowances\n\nAfter an adjustment to the amount of the salary or an allowance payable to a judicial officer takes effect, the Governor in Council must publish, by gazette notice, the adjusted salary or allowance.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Salary and allowances not payable if not holding judicial office","content":"### sec.28 Salary and allowances not payable if not holding judicial office\n\nThis section applies to a person in relation to the financial year in which the person starts holding, or stops holding, judicial office.\nSalary and allowances payable to holders of that judicial office for the financial year are not payable to the person in relation to any period during which the person did not or does not hold the judicial office.\nSubsection (2) applies despite a reference in another provision of this Act to an entitlement to the salary or allowance for a financial year.\n(sec.28-ssec.1) This section applies to a person in relation to the financial year in which the person starts holding, or stops holding, judicial office.\n(sec.28-ssec.2) Salary and allowances payable to holders of that judicial office for the financial year are not payable to the person in relation to any period during which the person did not or does not hold the judicial office.\n(sec.28-ssec.3) Subsection (2) applies despite a reference in another provision of this Act to an entitlement to the salary or allowance for a financial year.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notice of election","content":"### sec.29 Notice of election\n\nWritten notice given to the following for an election under section 18 or 19 is evidence of the election—\nfor a presidential member under the Industrial Relations Act 2016 the chief executive of the department in which that Act is administered;\nfor all other judicial officers—the chief executive.\ns 29 amd 2013 No. 29 s 59ZI ; 2016 No. 63 s 1157 sch 6\n- (a) for a presidential member under the Industrial Relations Act 2016 the chief executive of the department in which that Act is administered;\n- (b) for all other judicial officers—the chief executive.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Discontinuance, change or substantial variation of CPI","content":"### sec.30 Discontinuance, change or substantial variation of CPI\n\nThis section applies if the Consumer Price Index (All Groups) Brisbane, as published by the Australian Statistician, is discontinued, changed or substantially varied.\nAnother index nominated by the Australian Statistician which, in his or her opinion, is appropriate for measuring the variation in the cost of living in Brisbane is to be used instead of the Consumer Price Index (All Groups) Brisbane.\n(sec.30-ssec.1) This section applies if the Consumer Price Index (All Groups) Brisbane, as published by the Australian Statistician, is discontinued, changed or substantially varied.\n(sec.30-ssec.2) Another index nominated by the Australian Statistician which, in his or her opinion, is appropriate for measuring the variation in the cost of living in Brisbane is to be used instead of the Consumer Price Index (All Groups) Brisbane.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Regulation-making power","content":"### sec.31 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":36},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal and transitional provisions and consequential and other amendments","content":"# Repeal and transitional provisions and consequential and other amendments","sortOrder":37},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.32 Definitions for pt 5\n\nIn this part—\ncommencement means the commencement of this section.\ncurrent financial year means the financial year starting on 1 July 2007.\nnew Act means this Act as in force immediately after commencement.\nrelevant allowance , in relation to a judicial officer, means—\nif the judicial officer is entitled to be paid jurisprudential allowance—jurisprudential allowance; or\nif the judicial officer is entitled to be paid an education and conference allowance—education and conference allowance.\nrepealed Act means the repealed Judges (Salaries and Allowances) Act 1967 .\n- (a) if the judicial officer is entitled to be paid jurisprudential allowance—jurisprudential allowance; or\n- (b) if the judicial officer is entitled to be paid an education and conference allowance—education and conference allowance.","sortOrder":39},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Repeal and related provisions","content":"## Repeal and related provisions","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Repeal","content":"### sec.33 Repeal\n\nThe Judges (Salaries and Allowances) Act 1967, No. 40 is repealed.\nOn commencement—\nthe Salaries and Allowances Tribunal is dissolved; and\nthe members of the tribunal go out of office.\nNo compensation is payable to a member because of subsection (2).\nNo liability attaches to a member of the tribunal in relation to a failure to comply with section 12 of the repealed Act.\n(sec.33-ssec.1) The Judges (Salaries and Allowances) Act 1967, No. 40 is repealed.\n(sec.33-ssec.2) On commencement— the Salaries and Allowances Tribunal is dissolved; and the members of the tribunal go out of office.\n(sec.33-ssec.3) No compensation is payable to a member because of subsection (2).\n(sec.33-ssec.4) No liability attaches to a member of the tribunal in relation to a failure to comply with section 12 of the repealed Act.\n- (a) the Salaries and Allowances Tribunal is dissolved; and\n- (b) the members of the tribunal go out of office.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Determination under Judges (Salaries and Allowances) Act 1967","content":"### sec.34 Determination under Judges (Salaries and Allowances) Act 1967\n\nIf, under a SAT determination, a person accrued an entitlement to an allowance in relation to a financial year before the current financial year but was not paid the allowance before commencement, despite the repeal of the repealed Act, the person retains the entitlement.\nEach retained entitlement is subject to the same conditions and limitations that applied to it immediately before commencement.\nIf a SAT determination was made but not gazetted before commencement, to remove any doubt, it is declared that the SAT determination has no effect and must not be gazetted or tabled in the Legislative Assembly.\nIn this section—\nSAT determination means a determination made by the Salaries and Allowances Tribunal under section 12 of the repealed Act.\n(sec.34-ssec.1) If, under a SAT determination, a person accrued an entitlement to an allowance in relation to a financial year before the current financial year but was not paid the allowance before commencement, despite the repeal of the repealed Act, the person retains the entitlement.\n(sec.34-ssec.2) Each retained entitlement is subject to the same conditions and limitations that applied to it immediately before commencement.\n(sec.34-ssec.3) If a SAT determination was made but not gazetted before commencement, to remove any doubt, it is declared that the SAT determination has no effect and must not be gazetted or tabled in the Legislative Assembly.\n(sec.34-ssec.4) In this section— SAT determination means a determination made by the Salaries and Allowances Tribunal under section 12 of the repealed Act.","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Previous election for jurisprudential allowance as salary","content":"### sec.35 Previous election for jurisprudential allowance as salary\n\nIf, before commencement, a judicial officer had elected to take jurisprudential allowance as salary and the election had not been revoked, the election has effect as if it were an election under section 18.","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"References to repealed Act","content":"### sec.36 References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":44},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Provisions relating to the current financial year","content":"## Provisions relating to the current financial year","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Purpose of div 3","content":"### sec.37 Purpose of div 3\n\nThe purpose of this division is to provide for the application of the new Act to the payment of amounts in relation to the current financial year.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Act has effect for the current financial year","content":"### sec.38 Act has effect for the current financial year\n\nThis section applies to a judicial officer if, immediately after commencement, the judicial officer is entitled to an amount as salary or an allowance.\nThe amounts the judicial officer is entitled to be paid in relation to the current financial year are to be worked out under the new Act on commencement and whenever any 2007 adjustment takes effect under section 25 after commencement.\nHowever, to work out the amount payable under section 5 if no 2007 adjustment took effect before commencement, a reference in that section to the salary of a Federal Court judge for a financial year is the salary payable to a Federal Court judge at commencement.\nIn this section—\n2007 adjustment means an adjustment, under the Remuneration Tribunal Act 1973 (Cwlth), of the salary payable to a Federal Court judge in relation to the current financial year.\n(sec.38-ssec.1) This section applies to a judicial officer if, immediately after commencement, the judicial officer is entitled to an amount as salary or an allowance.\n(sec.38-ssec.2) The amounts the judicial officer is entitled to be paid in relation to the current financial year are to be worked out under the new Act on commencement and whenever any 2007 adjustment takes effect under section 25 after commencement.\n(sec.38-ssec.3) However, to work out the amount payable under section 5 if no 2007 adjustment took effect before commencement, a reference in that section to the salary of a Federal Court judge for a financial year is the salary payable to a Federal Court judge at commencement.\n(sec.38-ssec.4) In this section— 2007 adjustment means an adjustment, under the Remuneration Tribunal Act 1973 (Cwlth), of the salary payable to a Federal Court judge in relation to the current financial year.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"First increase of jurisprudential allowance and education and conference allowance","content":"### sec.39 First increase of jurisprudential allowance and education and conference allowance\n\nThe purpose of this section is to provide for working out the first increase under the new Act of a relevant allowance payable to a judicial officer for the purposes of sections 16(3) and 20(3).\nThe rate of increase of salary is to be worked out by comparing the following—\nthe salary payable under the new Act to the judicial officer at the time of the first increase;\nthe salary payable to the judicial officer at the time the relevant allowance was last increased under the repealed Act.\n(sec.39-ssec.1) The purpose of this section is to provide for working out the first increase under the new Act of a relevant allowance payable to a judicial officer for the purposes of sections 16(3) and 20(3).\n(sec.39-ssec.2) The rate of increase of salary is to be worked out by comparing the following— the salary payable under the new Act to the judicial officer at the time of the first increase; the salary payable to the judicial officer at the time the relevant allowance was last increased under the repealed Act.\n- (a) the salary payable under the new Act to the judicial officer at the time of the first increase;\n- (b) the salary payable to the judicial officer at the time the relevant allowance was last increased under the repealed Act.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Amount of relevant allowances before commencement","content":"### sec.40 Amount of relevant allowances before commencement\n\nThe section states amounts of relevant allowances payable to a judicial officer immediately before commencement in order to work out the amount of the relevant allowances payable to the judicial officer on commencement.\nThe following jurisprudential allowances were payable—\nfor the Chief Justice—$26,950;\nfor the President of the Court of Appeal—$26,120;\nfor a Supreme Court judge other than the Chief Justice or the President of the Court of Appeal—$22,950;\nfor the Chief Judge—$22,950;\nfor a District Court judge other than the Chief Judge—$20,650;\nfor the President of the Land Court and the President of the Industrial Court—$22,950;\nfor a member of the Land Court, other than the President of the Land Court, and the Vice President of the Industrial Commission—$20,650.\nAn education and conference allowance of $12,695 was payable to the following—\na deputy president of the Industrial Commission;\na commissioner, other than a presidential member of the Industrial Commission.\n(sec.40-ssec.1) The section states amounts of relevant allowances payable to a judicial officer immediately before commencement in order to work out the amount of the relevant allowances payable to the judicial officer on commencement.\n(sec.40-ssec.2) The following jurisprudential allowances were payable— for the Chief Justice—$26,950; for the President of the Court of Appeal—$26,120; for a Supreme Court judge other than the Chief Justice or the President of the Court of Appeal—$22,950; for the Chief Judge—$22,950; for a District Court judge other than the Chief Judge—$20,650; for the President of the Land Court and the President of the Industrial Court—$22,950; for a member of the Land Court, other than the President of the Land Court, and the Vice President of the Industrial Commission—$20,650.\n(sec.40-ssec.3) An education and conference allowance of $12,695 was payable to the following— a deputy president of the Industrial Commission; a commissioner, other than a presidential member of the Industrial Commission.\n- (a) for the Chief Justice—$26,950;\n- (b) for the President of the Court of Appeal—$26,120;\n- (c) for a Supreme Court judge other than the Chief Justice or the President of the Court of Appeal—$22,950;\n- (d) for the Chief Judge—$22,950;\n- (e) for a District Court judge other than the Chief Judge—$20,650;\n- (f) for the President of the Land Court and the President of the Industrial Court—$22,950;\n- (g) for a member of the Land Court, other than the President of the Land Court, and the Vice President of the Industrial Commission—$20,650.\n- (a) a deputy president of the Industrial Commission;\n- (b) a commissioner, other than a presidential member of the Industrial Commission.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Amount of expense-of-office allowance after commencement","content":"### sec.41 Amount of expense-of-office allowance after commencement\n\nThis section states the amount of the expense-of-office allowance payable on commencement under the new Act for the current financial year to each of the following—\nthe Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\nthe Chief Judge and the other District Court judges;\nthe President of the Land Court and the other members of the Land Court;\nthe President of the Industrial Court.\nThe amount of the expense-of-office allowance for the current financial year is $8,780.\nThe amount in subsection (2) is taken to have been worked out under section 21(3) for the current financial year but this section does not otherwise limit section 21.\n(sec.41-ssec.1) This section states the amount of the expense-of-office allowance payable on commencement under the new Act for the current financial year to each of the following— the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges; the Chief Judge and the other District Court judges; the President of the Land Court and the other members of the Land Court; the President of the Industrial Court.\n(sec.41-ssec.2) The amount of the expense-of-office allowance for the current financial year is $8,780.\n(sec.41-ssec.3) The amount in subsection (2) is taken to have been worked out under section 21(3) for the current financial year but this section does not otherwise limit section 21.\n- (a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;\n- (b) the Chief Judge and the other District Court judges;\n- (c) the President of the Land Court and the other members of the Land Court;\n- (d) the President of the Industrial Court.","sortOrder":50}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.16(3) and sec.18","severity":"low","reasoning":"When a judicial officer elects under s.18 to take the jurisprudential allowance as salary, the allowance is paid 'as salary.' Section 16(3) ties allowance increases to the rate of salary increase. If the converted allowance inflates the salary figure used as the comparator, the increase rate calculation becomes self-referential. In practice, the benchmark salary is independently determined, reducing but not eliminating the conceptual circularity.","confidence":0.45,"description":"The jurisprudential allowance increase mechanism is potentially circular: s.16(3) says the allowance increases at the same rate as salary increases, but s.18 allows the allowance to be paid as salary. If the allowance is converted to salary, it becomes part of the salary base, which could in turn drive the allowance increase, creating a circularity in the calculation."},{"type":"impossible_compliance","section":"sec.19(3) and sec.17(3)","severity":"medium","reasoning":"The Act creates a valuable entitlement that can expire through inaction, but imposes no obligation on the State to notify officers of accruing balances or approaching deadlines. While not strictly a logical flaw in the text itself, the scheme creates a trap where rights silently extinguish, arguably undermining the stated purpose in s.3 of attracting and retaining judicial officers of the highest quality.","confidence":0.55,"description":"Both s.17(3) and s.19(3) impose a 7-financial-year limit on claiming unpaid jurisprudential allowance, but there is no mechanism in the Act to notify judicial officers of unpaid accumulated balances, meaning an officer could unknowingly lose entitlements through expiry of the limitation period."},{"type":"impossible_compliance","section":"sec.14(2)","severity":"high","reasoning":"If the Chief Magistrate is also a District Court judge, s.14(1) is switched off but no other provision in Part 2 applies to set the Chief Magistrate's salary. The District Court judge salary under s.9 applies to the District Court role, but the Act is silent on any additional or differential entitlement for the combined role. This creates a genuine gap: the Act neither provides a salary for the Chief Magistrate function nor directs how to resolve the overlap.","confidence":0.72,"description":"Section 14(2) provides that s.14(1) (the Chief Magistrate salary provision) does not apply if the Chief Magistrate is a District Court judge, but no alternative salary provision is specified for a Chief Magistrate who is a District Court judge, leaving their remuneration as Chief Magistrate entirely unaddressed."},{"type":"self_contradicting","section":"sec.5A(3) and sec.9A(3)","severity":"medium","reasoning":"The formula is described as computing the 'minimum amount that a retired judge is entitled to be paid,' implying a guaranteed floor. However, the formula mechanically subtracts the pension from the pro-rata salary with no floor at zero. A judge with a large pension sitting briefly could produce a negative 'minimum,' which cannot sensibly be paid and contradicts the notion of a minimum entitlement.","confidence":0.78,"description":"The formula A = B – C for sessional retired/reserve judges can produce a zero or negative result (A ≤ 0) where the judge's pension equals or exceeds the pro-rata salary for the sitting period, yet the section purports to set a 'minimum amount.' A minimum that is zero or negative is meaningless as a floor and may produce an absurd outcome where the judge is entitled to nothing."},{"type":"other","section":"sec.25(2)","severity":"low","reasoning":"The cross-referencing to a specific paragraph label within a 'later of' construct means the anchor point in s.25(3) (the 'date mentioned in subsection (2)(d)') is the Federal Tribunal determination date, not the actual operative date of the adjustment. The section then pays the difference between what 'would have been payable' from (2)(d) and what 'was payable' — but this only makes sense in the deferral scenario. The drafting is awkward and could mislead about the reference date.","confidence":0.5,"description":"Section 25(2) sets out conditions for when an adjustment takes effect but subsection (2)(d) is referenced in subsections (2) and (3) as 'the date mentioned in subsection (2)(d),' yet the listed paragraphs in subsection (2) are (a), (b), (c) and (d) — with (c) and (d) being the two alternative dates for when the adjustment takes effect. The 'later of' formulation in (2)(c) and (d) means (d) is always the specific Federal determination date, but subsection (3) then asks whether the adjustment took effect 'after' (2)(d), which is only possible if (2)(c) is later than (2)(d). This drafting is internally coherent only in that specific scenario, but the repeated reference to '(2)(d)' as a fixed anchor point is confusing and could be read as applying only to the Federal determination date rather than the operative commencement date."},{"type":"self_contradicting","section":"sec.34(3)","severity":"medium","reasoning":"Section 34(1) preserves accrued entitlements from SAT determinations. Section 34(3) voids SAT determinations not gazetted before commencement. If an entitlement accrued under a SAT determination that was made but not gazetted, s.34(1) appears to save the entitlement but s.34(3) voids the very determination on which the entitlement is based. The sections point in opposite directions for this overlapping fact pattern.","confidence":0.65,"description":"Section 34(3) declares that a SAT determination made but not gazetted before commencement 'has no effect and must not be gazetted or tabled in the Legislative Assembly.' This purports to extinguish entitlements that may have already accrued under s.34(1), creating an internal tension: s.34(1) preserves accrued entitlements under SAT determinations while s.34(3) voids ungazetted SAT determinations entirely, potentially including ones under which entitlements had accrued."}],"contradictions":[{"severity":"medium","section_a":"sec.12(2)(b)","section_b":"sec.16(2)(e)","confidence":0.7,"description":"Section 12(2)(b) provides that the Vice-President of the Industrial Court is entitled to a jurisprudential allowance equal to 100% of the amount a District Court judge is entitled to under s.9 as jurisprudential allowance. However, s.9 deals only with 'salary and jurisprudential allowance' as a combined amount — it does not separate out the jurisprudential allowance component. Section 16 separately governs the jurisprudential allowance. The cross-reference in s.12(2)(b) to s.9 for the jurisprudential allowance component is internally inconsistent because s.9 does not state a standalone jurisprudential allowance figure."},{"severity":"high","section_a":"sec.24(1)","section_b":"sec.5","confidence":0.75,"description":"Section 24(1) provides that total salary and allowances cannot decrease in any later financial year. Section 5 ties Supreme Court judge salary to the salary payable to a Federal Court judge for the financial year, which is set externally and could theoretically decrease (e.g. if a Federal Remuneration Tribunal determination reduced Federal Court judge salaries). If the Federal Court salary fell, s.5 would require a lower payment but s.24 would prohibit it, creating an irreconcilable conflict."},{"severity":"high","section_a":"sec.24(1)","section_b":"sec.5A(1) and sec.9A(1)","confidence":0.82,"description":"Sections 5A(1) and 9A(1) entitle reserve/retired acting judges to be paid the equivalent of a current judge's salary less any pension received. As a pension amount could increase over time, the net amount payable could decrease year-on-year. Section 24(1) prohibits any decrease in total salary and allowances in a later financial year. These provisions are in direct conflict where a pension increase results in a lower net entitlement."},{"severity":"medium","section_a":"sec.20(7)","section_b":"sec.20(6)","confidence":0.68,"description":"Section 20(7) states the education and conference allowance 'is not payable at any time as salary or a lump sum, including as a lump sum on retirement or resignation.' Section 20(6) allows unpaid amounts to be carried forward and paid in a later financial year. However, there is no time limit on this carry-forward for the education and conference allowance (unlike the 7-year limit in ss.17(3) and 19(3) for jurisprudential allowance), meaning the allowance could theoretically accumulate indefinitely while still being incapable of being paid as a lump sum on retirement — leaving a potentially substantial accumulated balance permanently inaccessible."},{"severity":"low","section_a":"sec.22(2)(d)","section_b":"sec.13","confidence":0.45,"description":"Section 22(2) entitles 'a presidential member under the Industrial Relations Act 2016' to a long leave allowance. Section 13 provides for industrial commissioners. Industrial commissioners are not presidential members, so they receive no long leave allowance. However, deputy presidents under s.12(3) receive only salary (no jurisprudential allowance) and the long leave allowance under s.22 appears to extend to presidential members generally. Whether industrial commissioners are excluded from long leave entitlements while performing comparable judicial functions creates an internal equity inconsistency, though this may be intentional policy rather than a drafting contradiction."},{"severity":"low","section_a":"sec.40(2)(g)","section_b":"sec.12(2)","confidence":0.6,"description":"Section 40(2)(g) refers to the 'Vice President of the Industrial Commission' for the purposes of stating the historical jurisprudential allowance. Section 12(2) refers to the 'Vice-President of the Industrial Court.' This inconsistency in naming ('Commission' vs 'Court') creates ambiguity about whether these are the same office or different offices, particularly given the legislative history of renaming from 'Commission' to 'Court' under the Industrial Relations Act 2016."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Replaces the Judges (Salaries and Allowances) Act 1967 (s.33) and dissolves the Salaries and Allowances Tribunal, while preserving accrued entitlements under prior SAT determinations (s.34). The new Act recasts remuneration mechanics (benchmarks, percentage rates, indexation rules, payment forms and Governor in Council roles), so the statutory framework and decision‑making loci for judicial pay were materially changed on commencement (pt.5, ss.33–41)."},"complexity_factors":["Cross-references to Commonwealth determinations and federal rates (salary tied to Federal Court judge rate; adjustment timing linked to Federal Remuneration Tribunal) (ss.5, 25).","Multiple allowance types with differing indexation and increase rules: jurisprudential (tied to salary increases) (s.16(3)); expense-of-office (CPI indexing) (s.21(3)); education/conference (salary-linked increases) (s.20(3)); long-leave fixed percentage (s.22(3)).","Payment options and timing conditions: reimbursement, election to take allowance as salary, lump-sum options, and 7‑year limits for claiming prior-year allowances (ss.17–19).","Governor in Council discretion for setting sessional rates and publishing adjustments; formal notification requirements (ss.5A(2), 27).","Transitional and repeal machinery replacing the Judges (Salaries and Allowances) Act 1967, preserving some accrued entitlements and dissolving the Salaries and Allowances Tribunal (pt.5, ss.33–36, 34).","Protective and procedural rules that add constraints: appropriation from consolidated fund (s.23), non-decrease rule preventing later reductions (s.24), and pro rata/time‑in‑office adjustments (s.28).","Specific formulas for retired or reserve judges (A = B – C) create arithmetic complexity when combining pension offsets with pro rata entitlements (ss.5A, 9A).","Dependency on defined terms located in a schedule (s.4) — e.g. the term 'benchmark amount' is central but its definition sits outside the main text, requiring cross-checking."],"plain_english_summary":"Sets salaries and allowances for Queensland judicial officers. Many salaries are tied to the Federal Court judge rate or to a defined benchmark; the Act prescribes jurisprudential, expense‑of‑office, education/conference and long‑leave allowances, allows payment as salary, reimbursement or lump sum, and appropriates payments from the consolidated fund (s.23). Some amounts are set by the Governor in Council or linked to Commonwealth remuneration determinations (ss.5A, 25).\n\nThe Act’s stated purpose is to maintain judicial independence, attract and retain high‑quality judicial officers, and align Queensland with other Australian jurisdictions (s.3)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2007 Act appears to have been a consolidation and replacement of the Judges (Salaries and Allowances) Act 1967. However, the current version shows significant expansion through amendments in 2013, 2016, and 2024. The scope has grown from primarily covering sitting judges to include: reserve judges and retired acting judges (sections 5A, 9A), expanded coverage of industrial tribunal members (updated references to the Industrial Relations Act 2016), and more detailed allowance mechanisms. The addition of specific formulas for sessional judicial work and the complex interaction with federal pension schemes suggests the legislation has evolved well beyond simple salary-setting into intricate workforce management for the judiciary."},"complexity_factors":["Multiple cross-references to external legislation (Federal Court salaries, Remuneration Tribunal Act, various Queensland court Acts)","Mathematical formulas for calculating reserve judge pay (A = B - C) and percentage-based salary tiers","Nested conditions for allowances—particularly the expense-of-office allowance which has eligibility restrictions based on prior travel frequency","Transitional provisions preserving entitlements from the repealed 1967 Act and handling the 2007 financial year transition","Multiple allowance types with different rules: jurisprudential (flexible payment options), education/conference (reimbursement only), expense-of-office (CPI-linked with travel caps)","7-year time limits on claiming certain allowances creating temporal conditions","Definitions scattered across the Act and Schedule 2 dictionary (not fully shown in extract)"],"plain_english_summary":"This Queensland law sets out how much judges and other judicial officers get paid, and what allowances they receive. It covers everyone from the Chief Justice down to magistrates and industrial commissioners.\n\n**Key things it does:**\n\n*   **Sets salaries by reference to other benchmarks:** Most judicial salaries are calculated as a percentage of a \"benchmark amount\" or tied to Federal Court judge salaries. For example, the Chief Justice gets 113.2% of the benchmark, while ordinary District Court judges get 90%.\n*   **Creates a \"jurisprudential allowance\":** This is extra money (originally for self-education) that judges can take as reimbursement for expenses, as salary, or as a lump sum on retirement—but they must use it within 7 years.\n*   **Provides other allowances:** It covers expense-of-office allowances (for things like travel, wigs, and professional memberships), education allowances for industrial tribunal members, and long service leave accrual at 2.86% of salary per year.\n*   **Protects judicial independence:** The law includes a \"no decrease\" rule—once a judicial officer's total pay package is set for a year, it can never go down in future years, even if the formulas change.\n*   **Handles reserve and retired judges:** Special rules cover how much retired judges acting temporarily (\"reserve judges\") get paid, usually their old salary minus any pension they're already receiving.\n\n**Why it matters:** This law removes politicians from directly setting judicial pay (which could threaten independence) by using independent benchmarks and formulas. It ensures Queensland can attract quality judges by keeping pay competitive with other states and the Commonwealth."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original scope has been modestly expanded over time through amendments. It initially covered the core Queensland judiciary (Supreme Court, District Court, Land Court, Industrial Commission, Magistrates). Subsequent amendments (notably in 2013 and 2024) added new categories of judicial officers — specifically reserve Supreme Court judges, retired acting Supreme Court judges, reserve District Court judges, and retired acting District Court judges — and updated references to reflect the restructuring of the Industrial Relations framework (from the Industrial Commission to the Industrial Court under the Industrial Relations Act 2016). These additions broadened the coverage beyond the original officer classes contemplated at enactment, though the fundamental purpose and structure of the Act remained unchanged."},"complexity_factors":["Multiple tiers of judicial officers with different pay formulas requiring cross-referencing between sections","Salary benchmarking tied to Federal Court pay (set by a Commonwealth tribunal), creating inter-jurisdictional dependency","Three distinct payment options for jurisprudential allowances (reimbursement, salary, or lump sum) each with different rules and time limits","Transitional provisions for legacy entitlements from the repealed 1967 Act, including preserved SAT determinations","Formula-based calculations for reserve/retired acting judges (A = B - C) requiring pension offset computations","Staggered commencement dates for different provisions, some by proclamation and some fixed (1 January 2008)","Cross-references to multiple other Acts (Supreme Court of Queensland Act 1991, District Court of Queensland Act 1967, Industrial Relations Act 2016, Remuneration Tribunal Act 1973 (Cwlth), Constitution of Queensland 2001)","CPI-indexed allowances with fallback mechanism if the index is discontinued or substantially varied","Travel restriction rules for expense-of-office allowance (overseas vs domestic limits) with definitions of 'at public expense'","Interaction between Commonwealth Federal Remuneration Tribunal determinations and Queensland pay adjustments, including deferral and back-pay mechanisms"],"plain_english_summary":"The Judicial Remuneration Act 2007 sets how much Queensland judicial officers are paid and what allowances they receive, covering judges, magistrates, tribunal members and retired judges who return to duty. It fixes salaries to a benchmark, prevents year-to-year pay reductions, and funds pay directly from the consolidated fund — measures designed to ensure fair, transparent pay and protect judicial independence from political pressure."}},"importantCases":[],"_links":{"self":"/api/acts/judicial-remuneration-act-2007","history":"/api/acts/judicial-remuneration-act-2007/history","analysis":"/api/acts/judicial-remuneration-act-2007/analysis","conflicts":"/api/acts/judicial-remuneration-act-2007/conflicts","importantCases":"/api/acts/judicial-remuneration-act-2007/important-cases","documents":"/api/acts/judicial-remuneration-act-2007/documents"}}