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](/view/html/inforce/current/act-1996-017) 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. > > > (7) Any deductions made under subsection (3) from money due to a member of the school administrative and support staff shall, as between the State and the member, be deemed to be a payment by the State to the member. > > > (8) If a person to whom a payment has been made under this section fails to notify the Secretary immediately the judgment debt is satisfied, or is deemed to be satisfied, the person is liable, on conviction before the Local Court, to a penalty not exceeding 1 penalty unit. > > > (9) If any deduction made under subsection (3) from money due to a judgment debtor exceeds the amount due under the judgment against the judgment debtor, the excess shall be repayable by the Secretary to the judgment debtor, and in default of payment may be recovered by the judgment debtor from the Secretary in any court of competent jurisdiction. > > > (10) This section does not apply in relation to any member of the school administrative and support staff who is an undischarged bankrupt. > > > (11) Out of the sums deducted under subsection (3), there shall be retained by the Secretary, to be paid to the Treasurer for credit of the Consolidated Fund, an amount equal to 5 per cent (or such other amount as the Governor may, by order, notify in the Gazette, which order the Governor is hereby authorised to make) of those sums, and the balance of those sums shall be paid to the judgment creditor. > > > (12) If a payment is made to a judgment creditor under subsection (11), the Secretary shall forward to the judgment creditor a statement showing— > > > > > (a) the sums deducted under subsection (3) in respect of the judgment from money due to the member of the school administrative and support staff concerned, > > > > > (b) the amount retained by the Secretary under subsection (11) out of those sums, and > > > > > (c) the balance of those sums paid to the judgment creditor under subsection (11). > > > (13) On payment being made under subsection (11) to the judgment creditor— > > > > > (a) the judgment creditor shall credit the member of the school administrative and support staff concerned with the sums referred to in subsection (12) (a), as shown in the statement forwarded to the judgment creditor, and > > > > > (b) the judgment shall for all purposes be deemed to be satisfied to the extent of those sums, as so shown. > > > (14) In this section, judgment includes a judgment against joint defendants. > > **s 35:** Am 1989 No 89, Sch 2; 1996 No 121, Sch 4.17 \[2\]; 2007 No 94, Sch 2.