35Attachment of remuneration

35 Attachment of remuneration

35 Attachment of remuneration

(1) If judgment has been entered in any court against any member of the school administrative and support staff for the payment of any sum of money, the person in whose favour the judgment is entered may serve on the Secretary—

(a) a copy of the judgment certified under the hand of the registrar or other proper officer of the court in which the judgment is entered, and

(b) a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount due by the judgment debtor under the judgment.

(2) As soon as practicable after the service on the Secretary of a copy of a judgment and a statutory declaration under this section, the Secretary shall—

(a) notify the judgment debtor in writing of the service of the copy of the judgment and statutory declaration, and

(b) require the judgment debtor to state in writing within a time to be specified by the Secretary whether the judgment has been satisfied, and, if so, to furnish evidence in support, and if the judgment has not been satisfied, to state the amount then due under the judgment.

(3) If the member of the school administrative and support staff fails to prove to the satisfaction of the Secretary that the judgment has been satisfied, the Secretary may—

(a) from time to time cause to be deducted from any money due to the member such sums as are, in the Secretary’s opinion, necessary to enable the judgment to be satisfied, and

(b) apply those sums in the manner provided by the following provisions of this section.

(4) In no case shall a deduction be made which will reduce the amount to be received by the member of the school administrative and support staff to less than a sum per week equivalent to the amount ascertained in accordance with subsection (5).

(5) The amount which is to be ascertained in accordance with this subsection is to be ascertained by deducting $8 from the basic wage in force under clause 15 of Schedule 4 to the Industrial Relations Act 1996 immediately before the deduction is made.

(6) If copies of more than one judgment and statutory declaration are served on the Secretary in respect of one judgment debtor, the judgment shall be dealt with under this section in the order in which copies of the judgments are served on the Secretary.