36 Publication of entitlement certificate in Government Gazette 34
Part 5—General 35
37 Register 35
38 Attorney-General to include documents in register as soon as practicable after specified events 35
39 Request for advisory opinion may be excluded from register or on register in redacted form 36
40 Regulations 37
Part 6—Repeals and transitional provisions 38
41 Repeal of Judicial Salaries Act 2004 38
42 Repeal of Judicial Remuneration Tribunal Act 1995 38
43 Certificates under section 15 of the Judicial Remuneration Tribunal Act 1995 39
44 Pre-existing salary sacrifice arrangements 39
45 Certain offices referred to in Judicial Salaries Act 2004 40
46 Entitlement certificates 41
═══════════════
Endnotes 42
1 General information 42
2 Table of Amendments 44
3 Explanatory details 45
Version No.007
Judicial Entitlements Act 2015
No. 29 of 2015
Version incorporating amendments as at
29 March 2022
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to modernise the processes and structures for determining salaries, allowances and conditions of service for judicial officers in a manner that recognises and maintains judicial independence; and
(b) to repeal the Judicial Salaries Act 2004 and the Judicial Remuneration Tribunal Act 1995; and
(c) to make consequential and miscellaneous amendments to other Acts.
2 Commencement
(1) This Part and Part 7 come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3) If a provision of this Act does not come into operation before 1 January 2016, it comes into operation on that day.
3 Definitions
In this Act—
advisory opinion means an opinion of the Panel given under Division 2 of Part 4;
associate judge of the County Court means a person appointed under section 17A of the County Court Act 1958;
Associate Judge of the Supreme Court means an Associate Judge appointed under section 104 of the Supreme Court Act 1986 and referred to in section 75(4) of the Constitution Act 1975;
chairperson means the person appointed under section 18;
conditions of service means the following—
(a) leave entitlements, including—
(i) annual leave;
(ii) personal and carer's leave;
(iii) parental leave;
(iv) special leave;
(v) additional annual leave arrangements, including purchased leave schemes;
Example
48/52 schemes.
(vi) long service leave, including sabbatical leave;
(vii) recognition of prior service for long service leave purposes;
(b) the payment out of accrued leave or the transferring or carrying over of accrued leave from previous judicial office or other public office;
(c) allowances;
(d) benefits provided to or on behalf of a judicial officer, whether monetary or not—
but does not include salary, pensions and superannuation;
S. 3 def. of Deputy Chief Judge inserted by No. 31/2021 s. 18(b).
Deputy Chief Judge means the Deputy Chief Judge within the meaning of the County Court Act 1958;
entitlement means the following—
(a) conditions of service;
(b) salary;
(c) pension and superannuation;
entitlement certificate means—
(a) in relation to an own motion recommendation, a certificate issued under section 35(1);
(b) in relation to an advisory opinion, a certificate issued under section 35(3);
Federal Court Judge means a Judge of the Federal Court other than the Chief Justice of the Federal Court;
Federal Remuneration Tribunal means the Remuneration Tribunal established under the Remuneration Tribunal Act 1973 of the Commonwealth;
Judge of Appeal means a person referred to in section 75(3)(c) of the Constitution Act 1975;
S. 3 def. of judicial officer amended by No. 31/2021 s. 18(a).
judicial officer means the following—
(a) the Chief Justice;
(b) the President of the Court of Appeal;
(c) a Judge of Appeal;
(d) a Supreme Court Judge;
(e) an Associate Judge of the Supreme Court;
(f) a reserve Judge of the Supreme Court;
(g) a reserve Associate Judge of the Supreme Court;
(h) the Chief Judge;
(ha) the Deputy Chief Judge;
(i) a judge of the County Court, other than the Chief Judge or the Deputy Chief Judge;
(j) an associate judge of the County Court;
(k) a reserve judge of the County Court;
(l) a reserve associate judge of the County Court;
(m) the Chief Magistrate;
(n) a Deputy Chief Magistrate;
(o) the Deputy State Coroner;
(p) a magistrate other than the Chief Magistrate or a Deputy Chief Magistrate;
(q) a reserve magistrate;
(r) a reserve coroner;
judicial registrar means—
(a) in the case of the Supreme Court, a judicial registrar within the meaning of the Supreme Court Act 1986;
(b) in the case of the County Court, a judicial registrar within the meaning of the County Court Act 1958;
(c) in the case of the Magistrates' Court, a judicial registrar within the meaning of the Magistrates' Court Act 1989;
(d) in the case of the Children's Court, a judicial registrar within the meaning of the Children, Youth and Families Act 2005;
(e) in the case of the Coroners Court, a judicial registrar within the meaning of the Coroners Act 2008;
member means member of the Panel;
non-judicial member of VCAT means a member of VCAT other than the President of VCAT or a Vice President of VCAT;
non-salary benefits has the same meaning as in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004;
own motion recommendation means a recommendation of the Panel made under Division 1 of Part 4;
Panel means the Judicial Entitlements Panel established under section 15;
part-time service arrangement—
(a) in relation to a Judge or an Associate Judge of the Supreme Court, has the same meaning as it has in the Constitution Act 1975;
(b) in relation to a judge or an associate judge of the County Court, has the same meaning as it has in the County Court Act 1958;
(c) in relation to a magistrate, has the same meaning as it has in the Magistrates' Court Act 1989;
President of the Court of Appeal means a person referred to in section 75(3)(b) of the Constitution Act 1975;
public service body Head has the same meaning as it has in the Public Administration Act 2004;
recommendation statement means a statement of the Attorney-General under section 34;
register means the register established and maintained under section 37;
reserve associate judge of the County Court means a reserve associate judge within the meaning of the County Court Act 1958 engaged under section 17KC of that Act to undertake the duties of an associate judge of the court;
reserve Associate Judge of the Supreme Court means a reserve Associate Judge within the meaning of the Constitution Act 1975 engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of an Associate Judge;
reserve coroner means a reserve coroner within the meaning of the Coroners Act 2008 engaged under section 102L of that Act to undertake the duties of a coroner;
reserve judge of the County Court means a reserve judge within the meaning of the County Court Act 1958 engaged under section 12B of that Act to undertake the duties of a judge of the court;
reserve Judge of the Supreme Court means a reserve Judge within the meaning of the Constitution Act 1975 engaged under section 81B of that Act to undertake the duties of a Judge of the Court;
reserve judicial officer means—
(a) a reserve Judge of the Supreme Court;
(b) a reserve Associate Judge of the Supreme Court;
(c) a reserve judge of the County Court;
(d) a reserve associate judge of the County Court;
(e) a reserve magistrate;
(f) a reserve coroner;
reserve magistrate means a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;
salary certificate means a certificate issued under section 10;
salary of a Federal Court Judge means the salary payable from time to time to that Judge under section 9 of the Federal Court of Australia Act 1976 of the Commonwealth;
salary of a Supreme Court Judge means the salary fixed from time to time under section 5(1);
salary table means the table to section 5;
Secretary means the Secretary to the Department of Justice and Regulation;
Supreme Court Judge means a Judge of the Court referred to in section 75(3) of the Constitution Act 1975 other than the following—
(a) the Chief Justice;
(b) the President of the Court of Appeal;
(c) a Judge of Appeal.
Part 2—Judicial entitlements
Division 1—Judicial entitlements
4 Judicial entitlements to be authorised by law
(1) A judicial officer is entitled to the salary in respect of that office determined by or under this Act.
(2) A judicial officer is entitled to the allowances in respect of that office determined—
(a) by or under this Act; or
(b) by any other law.
(3) A judicial officer is entitled to the conditions of service in respect of that office determined—
(a) by or under this Act; or
(b) by any other law.
(4) In this section, any other law includes a Commonwealth Act.
5 Salary entitlements of judicial officers
(1) A Supreme Court Judge is entitled to be paid a salary at the same rate as the salary of a Federal Court Judge payable from time to time.
Note
See also section 9 regarding timing of adjustments to salary.
(2) A judicial officer (other than a reserve judicial officer) specified in Column 1 of the salary table is entitled to be paid a salary at the percentage of the salary of a Supreme Court Judge specified for that judicial officer in Column 2 of the salary table.
Note to s. 5(2) amended by No. 3/2016 s. 48.
Note
See sections 6 and 7 for salaries of reserve judicial officers and section 10(1A) of the County Court Act 1958 and section 10(1A) of the Magistrates' Court Act 1989 in relation to salaries of dual commission holders.
(3) A judicial officer (other than a reserve judicial officer) to whom a part-time service arrangement applies is entitled to be paid—
(a) in the case of a Supreme Court Judge, a pro‑rata salary of the salary of a Supreme Court Judge; and
(b) in the case of a judicial officer specified in Column 1 of the salary table, a pro-rata salary of the percentage of the salary of a Supreme Court Judge specified for that judicial officer in Column 2 of the salary table.
S. 5 (Table) amended by Nos 31/2021 s. 19, 1/2022 s. 34.
Table of percentages of salary of Supreme Court Judge
Item
Column 1<br>Judicial officer
Column 2<br>Percentage of salary of Supreme Court Judge
1
Chief Justice
112⋅86%
2
President of the Court of Appeal
106⋅64%
3
Judge of Appeal
103⋅32%
4
Associate Judge of the Supreme Court who is the Senior Master
89⋅00%
5
Registrar of the Court of Appeal other than when that office is or was held by a judicial registrar of the Supreme Court
89⋅00%
6
Associate Judge of the Supreme Court other than an Associate Judge referred to in item 4, 5 or 7 of this Table
84⋅65%
7
Associate Judge of the Supreme Court who is or was a Specialist Supreme Court Master
80⋅50%
8
Chief Judge
100⋅00%
8A
Deputy Chief Judge
91⋅98%
9
Judge of the County Court other than the Chief Judge or the Deputy Chief Judge
86⋅64%
10
Associate judge or master of the County Court
84⋅65%
11
Chief Magistrate who is or has been a dual commission holder as a Judge of the Supreme Court
100%
11A
Chief Magistrate who has been a dual commission holder as a judge of the County Court under the County Court Act 1958
86⋅64%
12
Deputy Chief Magistrate
73⋅65%
13
Deputy State Coroner
73⋅65%
14
Magistrate other than the Chief Magistrate or a Deputy Chief Magistrate
69⋅29%
6 Salary of reserve judicial officer—full time basis
(1) Subject to subsection (2), each reserve judicial officer engaged to undertake duties on a full time basis is entitled to be paid a salary in accordance with the rate for the time being applicable under the salary table as follows—
(a) in the case of a reserve Judge of the Supreme Court—
(i) to the holder of the office of Judge of Appeal other than on a reserve basis if the reserve Judge—
(A) was the Chief Justice, the President of the Court of Appeal or a Judge of Appeal immediately before the Judge's commission ceased under section 77(4)(a), (b), (c), (d) or (e) of the Constitution Act 1975; or
(B) is engaged under section 81B of that Act to undertake the duties of a Judge of Appeal; or
(ii) in any other case, to the holder of the office of Supreme Court Judge other than on a reserve basis;
(b) in the case of a reserve Associate Judge of the Supreme Court—
(i) to the holder of the office of Senior Master of the Supreme Court other than on a reserve basis if the reserve Associate Judge—
(A) was the Senior Master immediately before the person retired or resigned; or
(B) is engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of the Senior Master; or
(ii) in any other case, to an Associate Judge referred to in item 6 of the salary table;
(c) in the case of a reserve judge of the County Court, to the holder of that office (other than the Chief Judge) on other than a reserve basis;
(d) in the case of a reserve associate judge of the County Court, to the holder of that office on other than a reserve basis;
(e) in the case of a reserve magistrate, to the holder of that office (other than the Chief Magistrate and a Deputy Chief Magistrate) on other than a reserve basis;
(f) in the case of a reserve coroner, to the holder of the office of magistrate (other than the Chief Magistrate or a Deputy Chief Magistrate) on other than a reserve basis.
(2) If a reserve judicial officer engaged to undertake duties on a full time basis is entitled to—
(a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or
(b) because the person has held a public office in another jurisdiction, a non-contributory pension under any other law—
the amount of pension to which the reserve judicial officer is entitled must be deducted from the salary payable to that reserve judicial officer under subsection (1).
7 Salary of reserve judicial officer—sessional rates
(1) Subject to subsection (2), each reserve judicial officer engaged to undertake duties on a sessional basis is entitled to be paid a salary at the sessional rate per sitting day which is—
(a) in the case of a reserve Judge of the Supreme Court—
(i) 1/235th of the salary of the holder of the office of Judge of Appeal who is not a reserve Judge if the reserve Judge—
(A) was the Chief Justice, the President of the Court of Appeal or a Judge of Appeal immediately before the Judge's commission ceased under section 77(4)(a), (b), (c), (d) or (e) of the Constitution Act 1975; or
(B) is engaged under section 81B of that Act to undertake the duties of a Judge of Appeal; or
(ii) in any other case, 1/235th of the salary of a Supreme Court Judge who is not a reserve Judge;
(b) in the case of a reserve Associate Judge of the Supreme Court—
(i) 1/235th of the salary of an Associate Judge who is the Senior Master who is not a reserve Associate Judge if the reserve Associate Judge—
(A) was the Senior Master immediately before the person retired or resigned; or
(B) is engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of the Senior Master; or
(ii) in any other case, 1/235th of the salary of an Associate Judge referred to in item 6 of the salary table who is not a reserve Associate Judge;
(c) in the case of a reserve judge of the County Court, 1/235th of the salary of a judge of the County Court (other than the Chief Judge) who is not a reserve judge;
(d) in the case of a reserve associate judge of the County Court, 1/235th of the salary of an associate judge of the County Court who is not a reserve associate judge;
(e) in the case of a reserve magistrate, 1/235th of the salary of a magistrate (other than the Chief Magistrate and the Deputy Chief Magistrates) who is not a reserve magistrate;
(f) in the case of a reserve coroner, 1/235th of the salary of a magistrate (other than the Chief Magistrate and the Deputy Chief Magistrates) who is not a reserve magistrate.
(2) A reserve judicial officer engaged to undertake duties on a sessional basis who is entitled to—
(a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or
(b) because the person has held a public office in another jurisdiction, a non-contributory pension under any other law—
must be paid a salary at the sessional rate per sitting day which is calculated in accordance with the following formula—
Image unavailable in extracted text
where—
**S** means the sessional rate for the time being applicable under subsection (1) to the reserve judicial officer;
**P** means the annual pension to which the reserve judicial officer is entitled that is referred to in paragraph (a) or (b).
8 Salaries to be rounded to nearest whole dollar
(1) The salary of a judicial officer determined under section 5, 6 or 7 is to be rounded up or down to the nearest whole dollar.
(2) If the amount by which the salary is to be rounded is 50 cents, it is to be rounded up to the nearest whole dollar.
9 Date salary adjustments take effect
Any adjustment of the salary of a Supreme Court Judge only takes effect on the later of—
(a) if an adjustment of the salary of a Federal Court Judge takes effect 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 of the Commonwealth, the beginning of the day after the last day on which either House of that Parliament could have passed a resolution in respect of that determination;
or
(b) the date on which that relevant determination of the Federal Remuneration Tribunal takes effect.
10 Salary certificate
(1) The Attorney-General must issue a salary certificate specifying—
(a) the salary of a Supreme Court Judge; and
(b) the salaries of the judicial officers specified in the salary table; and
(c) the sessional rates per sitting day of reserve judicial officers.
(2) A salary certificate must be issued as soon as practicable after any adjustment to the salaries or sessional rates referred to in subsection (1) takes effect.
11 Conditions of service of judicial officers
A judicial officer is entitled to the conditions of service provided for in any entitlement certificate applicable to that office.
Note to s. 11 inserted by No. 3/2016 s. 49.
Note
See also section 10(1A) of the County Court Act 1958 and section 10(1A) of the Magistrates' Court Act 1989 in relation to conditions of service of dual commission holders.
12 Accrued sabbatical and long service leave
(1) This section applies to the following judicial officers (other than a reserve judicial officer)—
(a) a Judge of the Supreme Court, including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal;
(b) an Associate Judge of the Supreme Court;
S. 12(1)(c) amended by No. 31/2021 s. 20.
(c) a judge of the County Court, including the Chief Judge and the Deputy Chief Judge;
S. 12(1)(d) amended by No. 38/2017 s. 68(a).
(d) an associate judge of the County Court;
S. 12(1)(e) inserted by No. 38/2017 s. 68(b).
(e) the Chief Magistrate.
(2) A judicial officer to whom this section applies is entitled on the resignation, retirement or death of that judicial officer to payment out of the accrued sabbatical and long service leave entitlements (if any) in respect of the judicial officer not exceeding a period of 12 months.
S. 13 amended by No. 38/2017 s. 69.
13 Accrued annual leave and long service leave—magistrates
A magistrate (other than the Chief Magistrate or a reserve magistrate) is entitled on the resignation, retirement or death of that magistrate to payment out of any accrued annual leave and long service leave entitlements in respect of the magistrate.
Division 2—Salary sacrifice
14 Salary sacrifice arrangements
(1) A judicial officer, by written notice to the Attorney-General, may enter into an arrangement under which the judicial officer agrees to receive the whole or part of the judicial officer's total amount of future salary as a judicial officer (whether or not payable at a sessional rate) as non‑salary benefits of an equivalent value.
(2) A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(3) A judicial officer may vary or revoke a notice given under subsection (1) by written notice to the Attorney-General.
(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(5) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to a judicial officer to be reduced.
(6) An arrangement referred to in this section does not constitute, and is taken never to have constituted, a reduction in the salary or the aggregate value of the allowances of a judicial officer who enters or entered into the arrangement.
(7) This section does not apply to—
(a) a Judge of the Supreme Court who made an election under section 80A of the Constitution Act 1975 before the commencement of section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005; or
(b) a judge of the County Court who made an election under section 13A of the County Court Act 1958 as in force immediately before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005.
Part 3—Judicial Entitlements Panel
15 Establishment of Judicial Entitlements Panel
The Judicial Entitlements Panel is established.
16 Functions of Panel
(1) The functions of the Panel are—
(a) to make own motion recommendations
to the Attorney-General in relation to the conditions of service of judicial officers; and
(b) to provide advisory opinions to the Attorney‑General in relation to the entitlements of judicial officers, judicial registrars and non‑judicial members of VCAT; and
(c) to provide advisory opinions to the Attorney‑General in relation to any matter relating to the terms and conditions of office of judicial officers, judicial registrars and non-judicial members of VCAT, including any restrictions applying in relation to any of those offices.
(2) The Panel has any other functions conferred on it by or under this Act or any other Act.
(3) The Panel must act in an independent, impartial and timely manner in carrying out its functions.
(4) Subject to this Act, in the performance of its functions, the Panel—
(a) may inform itself in any manner it thinks fit; and
(b) is not bound by the rules of evidence.
17 Membership of Panel
(1) The Panel consists of 3 members appointed by the Governor in Council on the recommendation of the Attorney-General.
(2) The members appointed to the Panel must be persons who the Attorney-General considers have expertise and experience relevant to the functions of the Panel.
(3) Before making a recommendation for appointment of a member under subsection (1), the Attorney-General must consult with the Chief Justice.
(4) The following persons are not eligible for appointment as a member—
(a) a person who holds or has held—
(i) judicial office in Victoria; or
(ii) a Commonwealth judicial office; or
(iii) judicial office in any other State or a Territory;
(b) a person who holds or has held an office referred to in paragraph (a) on an acting basis or a reserve basis;
(c) a person who holds or has held an office or a position as a judicial registrar;
(d) a person who holds or has held an office or a position as a non-judicial member of VCAT;
(e) a person employed under Part 3 of the Public Administration Act 2004;
(f) a person who is an insolvent under administration;
(g) a person who has been found guilty or convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.
18 Chairperson of Panel
The Governor in Council must appoint one of the members to be the chairperson of the Panel.
19 Terms and conditions of office
(1) A member holds office—
(a) for a term not exceeding 4 years specified in the member's instrument of appointment; and
(b) subject to this Act, on the terms and conditions specified in the member's instrument of appointment.
(2) Subject to this Act, a member is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment.
(3) A member is eligible for reappointment.
(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Panel in respect of the office of member.
20 Vacancies, resignations and removal from office
(1) The office of a member becomes vacant if the member—
(a) is appointed—
(i) to judicial office in Victoria; or
(ii) to a Commonwealth judicial office; or
(iii) to judicial office in any other State or a Territory; or
(b) becomes the holder of an office referred to in paragraph (a) on an acting basis or a reserve basis; or
(c) is appointed as a judicial registrar; or
(d) is appointed as a non-judicial member of VCAT; or
(e) is employed under Part 3 of the Public Administration Act 2004; or
(f) becomes an insolvent under administration; or
(g) is found guilty or convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence; or
(h) resigns; or
(i) is removed from office under subsection (3).
(2) A member may resign by delivering a signed letter of resignation to the Attorney-General.
(3) Subject to subsection (4), on the recommendation of the Attorney-General, the Governor in Council may remove a member from office.
(4) The Attorney-General must not make a recommendation under subsection (3) unless the Attorney-General is of the opinion that the member—
(a) is or has been absent from 3 consecutive meetings of the Panel without the prior leave of the Panel or without reasonable excuse; or
(b) is or has been engaging in improper conduct; or
(c) neglects the member's duty as a member; or
(d) is unable to perform the functions and duties of the office for any reason; or
(e) is otherwise unfit to hold office.
21 Acting appointments
(1) The Attorney-General may appoint a person to act in the place of the chairperson or another member who—
(a) is absent; or
(b) for any other reason is unable to perform the duties of the office.
(2) An acting appointment is—
(a) for the term determined by the Attorney-General; and
(b) on the conditions determined by the Attorney-General, including any conditions as to payment of remuneration, allowances and expenses.
(3) A person appointed under subsection (1) to act has all the powers and may perform all the duties of the member for whom the person is acting.
(4) The Attorney-General may terminate an acting appointment at any time.
22 Meetings of the Panel
(1) The chairperson may convene meetings of the Panel.
(2) At the request of the Attorney-General, the chairperson must convene a meeting of the Panel.
(3) The chairperson must preside at all meetings of the Panel.
(4) At a meeting of the Panel—
(a) the procedure is as determined by the Panel; and
(b) the quorum is 2 members, one of whom must be the chairperson; and
(c) all questions must be decided by a majority of votes of the members present and voting.
(5) Subject to this Act, the Panel may otherwise regulate its own proceedings.
23 Persons to assist the Panel
(1) If the Panel thinks fit, the Panel may appoint a person or persons to assist the Panel in an inquiry in relation to any own motion recommendation or advisory opinion.
(2) A person appointed under subsection (1) is entitled to the remuneration (if any) determined from time to time by the Secretary.
24 Validity of decisions
An act or a decision of the Panel, including an own motion recommendation or an advisory opinion, is not invalid—
(a) by reason only of—
(i) a defect or irregularity in, or in connection with, the appointment of the chairperson, an acting chairperson, a member or an acting member; or
(ii) a vacancy in the office of a member; or
(b) on the ground that the occasion for an acting chairperson or acting member to act had not arisen or had ceased; or
(c) by reason of the Panel failing to comply with any procedural requirement in relation to the making of the own motion recommendation or the giving of the advisory opinion.
Part 4—Recommendations of the Panel and advisory opinions
Division 1—Own motion recommendations
25 Panel may make own motion recommendations
(1) The Panel may make a recommendation to the Attorney-General on the Panel's own motion in relation to conditions of service of judicial officers, including different conditions of service for different offices.
(2) The Panel may make an own motion recommendation—
(a) to create new conditions of service; or
(b) to adjust existing conditions of service; or
(c) to abolish or consolidate existing conditions of service.
(3) The Panel must not make an own motion recommendation in relation to conditions of service that are inconsistent with any other Act or subordinate legislation.
26 Panel to report own motion recommendations to Attorney-General
(1) The Panel must report any own motion recommendations it makes to the Attorney-General.
(2) A report under subsection (1)—
(a) must be made at least once every 4 years; and
Note
See section 46 regarding transitional report requirements.
(b) may be made at more frequent intervals if the Panel considers it necessary or desirable to do so.
(3) The Panel must provide a copy of a report under subsection (1) to—
(a) the head of jurisdiction of any judicial officer who may be affected by the own motion recommendation; and
(b) the Chief Justice.
Division 2—Advisory opinions
27 Attorney-General may request advisory opinion
(1) The Attorney-General may request the Panel to give an advisory opinion in relation to the following matters for judicial officers, judicial registrars and non-judicial members of VCAT—
(a) entitlements;
(b) terms and conditions of office, including any restrictions applying in relation to any of those offices.
(2) An advisory opinion may be requested in relation to any of the following—
(a) a judicial office;
(b) an office of judicial registrar;
(c) an office of a non-judicial member of VCAT;
(d) a person who holds an office referred to in paragraphs (a) to (c).
(3) A request for an advisory opinion—
(a) must be in writing; and
(b) may set out any factors the Attorney-General wishes to be taken into account by the Panel in giving the advisory opinion; and
(c) may include a timeframe by which the Panel must give the advisory opinion.
28 Panel must inquire into subject matter of request for advisory opinion
On receiving a request for an advisory opinion from the Attorney-General, the Panel must inquire into the subject matter of the request for an advisory opinion.
29 Panel to report advisory opinion to Attorney-General
(1) The Panel must report to the Attorney-General on any advisory opinion it gives—
(a) within the time specified by the Attorney-General in the request under section 27; or
(b) if no time is specified in accordance with paragraph (a), within a reasonable time.
(2) The Panel must provide a copy of a report under subsection (1) to—
(a) the head of jurisdiction of any judicial officer who may be affected by the advisory opinion; and
(b) the Chief Justice.
Division 3—General requirements for own motion recommendations and advisory opinions
30 Panel to invite certain submissions
(1) Before the Panel makes an own motion recommendation or gives an advisory opinion, the Panel, in writing, must invite a public service body Head nominated by the Minister to make a submission to the Panel providing—
(a) information about relevant economic and remuneration factors in Victoria; and
(b) any other relevant information that the nominated public service body Head considers appropriate.
(2) Subject to subsection (4), before the Panel makes an own motion recommendation or gives an advisory opinion, the Panel must write to the head of jurisdiction of any judicial officers who may be affected by the own motion recommendation or the advisory opinion, as the case requires.
(3) A written notification from the Panel under subsection (2) must request the relevant head of jurisdiction to notify the affected judicial officers that written submissions may be made to the Panel in relation to the matter under consideration.
(4) If the Attorney-General has determined that a request for an advisory opinion is of a personal or confidential nature and the Panel has been requested to give an advisory opinion about a named person or named persons, the Panel must write to the person or those persons inviting the person or persons to make a written submission to the Panel.
(5) The Panel must consider any submission made to the Panel—
(a) on its merits; and
(b) in an expeditious manner.
31 Panel must take certain factors into account
(1) In making an own motion recommendation, the Panel must take into account the following—
(a) the importance of the judicial function to the community;
(b) the need to maintain the standing of the judiciary in the community;
(c) the need to attract and retain suitably qualified candidates to judicial office;
(d) the level and nature of conditions of service of judicial officers in other Australian jurisdictions;
(e) movement in the Consumer Price Index;
(f) the level and nature of conditions in other public offices in Victoria;
(g) how any proposed own motion recommendation affects the total remuneration packages of judicial officers;
(h) relevant economic and remuneration factors in Victoria, including the capacity of the State to meet any proposal for more generous conditions of service;
(i) any other relevant matter.
(2) In giving an advisory opinion, the Panel must take into account—
(a) the factors specified in subsection (1), to the extent that those factors are relevant; and
(b) any factors set out in the Attorney-General's request for the advisory opinion.
32 Reasons
(1) This section applies if the Panel has invited submissions on a subject which it is considering for an own motion recommendation or an advisory opinion.
(2) If the Panel makes an own motion recommendation or gives an advisory opinion on a subject to which this section applies, when making its report, the Panel must give its reasons—
(a) for the recommendation or opinion; or
(b) for not making the recommendation or giving the opinion.
(3) If the Panel decides not to make an own motion recommendation or give an advisory opinion on a subject to which this section applies, the Panel must give its reasons for not making the recommendation or giving the opinion on that subject—
(a) in its report on the own motion recommendation or the advisory opinion, if a report is prepared; or
(b) if no report is prepared, in a written statement to the Attorney-General.
33 Tabling before Parliament of reports
(1) Subject to subsection (3), the Attorney-General must cause a copy of the report of an own motion recommendation to be laid before each House of the Parliament within 10 sitting days after the Attorney-General receives the report.
(2) Subject to subsection (3), the Attorney-General must cause a copy of the report of an advisory opinion to be laid before each House of the Parliament within 10 sitting days after the Attorney-General receives the report.
(3) If the Attorney-General is of the opinion, that a report referred to in subsection (1) or (2) contains personal or confidential information which it is not appropriate to make public, the Attorney-General may—
(a) in the case of a report of an advisory opinion, not lay the report before each House of the Parliament; or
(b) not include the personal or confidential information in the copy of the report to be laid before each House of the Parliament under subsection (1) or (2) and lay the copy of the report in a redacted form before each House of the Parliament.
(4) The Attorney-General may make a determination under subsection (3) in the Attorney-General's absolute discretion.
(5) If the Attorney-General lays before each House of the Parliament a report in a redacted form, the Attorney-General must advise each House of the Parliament that the report is in a redacted form.
34 Tabling of recommendation statement
(1) The Attorney-General must cause a statement to be laid before each House of the Parliament in relation to any own motion recommendation specifying—
(a) whether the Attorney-General intends to accept, vary or accept only part of the own motion recommendation; and
(b) if the Attorney-General does not accept the own motion recommendation give reasons for the non-acceptance.
(2) If the Attorney-General intends to vary an own motion recommendation or accept only part of an own motion recommendation, the recommendation statement must give the Attorney-General's reasons for varying the own motion recommendation or accepting only part of the own motion recommendation.
(3) A recommendation statement must be laid before each House of the Parliament by no later than the first sitting day after 4 months from the tabling of the own motion recommendation report under section 33.
35 Entitlement certificates
(1) After receiving a report of an own motion recommendation from the Panel, the Attorney‑General must issue an entitlement certificate if the recommendation statement in relation to that own motion recommendation states that the Attorney-General intends to—
(a) accept the own motion recommendation; or
(b) vary or accept only part of the own motion recommendation.
(2) An entitlement certificate in relation to an own motion recommendation creates an entitlement under this Act in accordance with the terms of that certificate.
Note
Section 3(2)(c) of the Subordinate Legislation Act 1994 provides that an instrument of appointment or an instrument which changes conditions or terms of appointment is an instrument of purely administrative character for the purposes of that Act.
(3) After receiving a report of an advisory opinion from the Panel, if any recommendation in the advisory opinion is a recommendation which could have been the subject of an own motion recommendation, the Attorney-General may issue an entitlement certificate which creates an entitlement under this Act in accordance with the terms of that certificate.
(4) An entitlement certificate—
(a) must specify the date from which the entitlement takes effect, which may be—
(i) the date that the certificate is issued by the Attorney-General; or
(ii) a date that is earlier or later than the date that the certificate is issued; and
(b) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether—
(i) wholly or partially or as amended by the certificate; or
(ii) as formulated, issued, prescribed or published at the time the certificate is issued or at any time before then; or
(iii) as formulated, issued, prescribed or published from time to time.
36 Publication of entitlement certificate in Government Gazette
The Attorney-General must cause a copy of an entitlement certificate to be published in the Government Gazette as soon as practicable after issuing the certificate.
Part 5—General
37 Register
(1) The Attorney-General must establish and maintain a register.
(2) The register must be kept electronically.
(3) The register must contain the following—
(a) any request of the Attorney-General for an advisory opinion;
(b) any report of an advisory opinion laid before each House of the Parliament;
(c) any report of an own motion recommendation laid before each House of the Parliament;
(d) any entitlement certificate;
(e) any salary certificate;
(f) any recommendation statement laid before each House of the Parliament;
(g) any written statement of reasons provided to the Attorney-General under section 32(3)(b);
(h) any other document prepared or issued under this Act that the Attorney-General considers is appropriate to include in the register.
(4) The Attorney-General must ensure, as far as practicable, that the contents of the register are accessible to the public at all times without charge on an Internet site.
38 Attorney-General to include documents in register as soon as practicable after specified events
The Attorney-General must ensure that—
(a) a copy of any request of the Attorney-General for an advisory opinion (whether in redacted form or otherwise) is included in the register as soon as practicable after the request is made; and
(b) a copy of any report of an advisory opinion (whether in redacted form or otherwise) or any report of an own motion recommendation (whether in redacted form or otherwise) which is laid before each House of the Parliament in accordance with this Act is included in the register as soon as practicable after the report is laid before each House; and
(c) a copy of any recommendation statement which is laid before each House of the Parliament in accordance with this Act is included in the register as soon as practicable after it is laid before each House; and
(d) a copy of any written statement of reasons provided to the Attorney-General under section 32(3)(b) as soon as practicable after the Attorney-General receives the statement; and
(e) any entitlement certificate or salary certificate is included in the register as soon as practicable after the certificate is issued.
39 Request for advisory opinion may be excluded from register or on register in redacted form
(1) If the Attorney-General is of the opinion that a request for an advisory opinion contains personal or confidential information which it is not appropriate to include in the register, the Attorney-General may—
(a) not include the request for the advisory opinion in the register; or
(b) include the request for the advisory opinion in the register in a redacted form.
(2) The Attorney-General may make a determination under subsection (1) in the Attorney-General's absolute discretion.
40 Regulations
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations may—
(a) be of general or limited application;
(b) differ according to differences in time, place or circumstances;
(c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;
(d) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—
(i) whether unconditionally or on specified conditions; and
(ii) either wholly or to any extent that is specified.
Part 6—Repeals and transitional provisions
41 Repeal of Judicial Salaries Act 2004
(1) The Judicial Salaries Act 2004 is repealed.
(2) On and from the repeal of the Judicial Salaries Act 2004, in any Act (other than this Act), or in any subordinate instrument or in any other document of any kind a reference to the Judicial Salaries Act 2004 must be construed as a reference to this Act—
(a) so far as the reference relates to any period on or after that repeal; and
(b) if not inconsistent with the subject matter.
42 Repeal of Judicial Remuneration Tribunal Act 1995
(1) The Judicial Remuneration Tribunal Act 1995 is repealed.
(2) On the repeal of the Judicial Remuneration Tribunal Act 1995, the Judicial Remuneration Tribunal is abolished and any members of the Tribunal go out of office.
(3) On and from the repeal of the Judicial Remuneration Tribunal Act 1995, in any Act (other than this Act), or in any subordinate instrument or in any other document of any kind a reference to the Judicial Remuneration Tribunal Act 1995 must be construed as a reference to this Act—
(a) so far as the reference relates to any period on or after that repeal; and
(b) if not inconsistent with the subject matter.
43 Certificates under section 15 of the Judicial Remuneration Tribunal Act 1995
(1) Any certificate issued under section 15 of the Judicial Remuneration Tribunal Act 1995 as in force immediately before its repeal is taken to be an entitlement certificate under this Act.
(2) For the purposes of this section, a certificate issued under section 15 of the Judicial Remuneration Tribunal Act 1995 includes the certificate of the Attorney-General issued under section 15 on 30 June 2014 numbered 2/2014 as extended by section 20 of that Act, as in force immediately before its repeal.
S. 43(3) inserted by No. 3/2016 s. 50.
(3) In any certificate referred to in subsection (1), a reference to a magistrate does not include a reserve magistrate unless otherwise specified in that certificate.
44 Pre-existing salary sacrifice arrangements
(1) If, before the commencement of section 3
of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a judicial officer entered into an arrangement under which the judicial officer agreed to receive the whole or part of the judicial officer's total amount of salary as a judicial officer as non-salary benefits of an equivalent value, that arrangement has and is taken always to have had full effect according to its tenor as if it had been authorised under—
(a) in the case of a Judge of the Supreme Court, section 82(7A) of the Constitution Act 1975 as in force immediately before its repeal;
(b) in the case of an Associate Judge of the Supreme Court, section 83A(5) of the Constitution Act 1975 as in force immediately before its repeal;
(c) in the case of a judge of the County Court, section 10(7A) of the County Court Act 1958 as in force immediately before its repeal;
(d) in the case of an associate judge of the County Court, section 17AA(5) of the County Court Act 1958 as in force immediately before its repeal;
(e) in the case of a magistrate, clause 10A of Schedule 1 to the Magistrates' Court Act 1989 as in force immediately before its repeal.
(2) Any salary sacrifice arrangement entered into
by a judicial officer which is in force immediately before the commencement of this section continues to have effect in accordance with its terms as if it had been entered into in accordance with Division 2 of Part 2.
45 Certain offices referred to in Judicial Salaries Act 2004
On and from the repeal of the Judicial Salaries Act 2004—
(a) the office of Senior Master of the Supreme Court as referred to in that Act immediately before its repeal is taken to be the office referred to in item 4 of the salary table; and
(b) the office of General Supreme Court Master as referred to in that Act immediately before its repeal is taken to be the office referred to in item 6 of the salary table; and
(c) the office of Specialist Supreme Court Master as referred to in that Act as in force immediately before its repeal is taken to be the office referred to in item 7 of the salary table.
S. 46 repealed by No. 29/2015 s. 46(3), new s. 46 inserted by No. 1/2022 s. 35.
46 Entitlement certificates
(1) Subject to subsection (2), on and from the commencement of Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 a reference in an entitlement certificate that was in effect immediately before that commencement—
(a) to a Judge of the Supreme Court, is taken to include a reference to the Chief Magistrate who is or has been, on or after that commencement, a dual commission holder as a Judge of the Supreme Court; and
(b) to the Chief Magistrate, is taken to not include a reference to the Chief Magistrate who is, on or after that commencement, a dual commission holder as a Judge of the Supreme Court.
(2) Subsection (1) does not apply to a reference in an entitlement certificate that relates to a matter that is not an entitlement of the Chief Magistrate.
S. 47 repealed by No. 29/2015 s. 47(4).
Pts 7, 8 (Headings and ss 48–89) repealed by No. 29/2015 s. 89.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 27 May 2015
Legislative Council: 11 June 2015
The long title for the Bill for this Act was "A Bill for an Act to modernise the processes and structures for determining salaries, allowances and conditions of service for judicial officers, to repeal the Judicial Salaries Act 2004 and the Judicial Remuneration Tribunal Act 1995, to make consequential and miscellaneous amendments to other Acts and for other purposes."
The Judicial Entitlements Act 2015 was assented to on 11 August 2015 and came into operation as follows:
Sections 1–3, 48–73 on 12 August 2015: section 2(1); sections 4–47, 74–89 on 1 January 2016: s. 2(3).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Judicial Entitlements Act 2015 by Acts and subordinate instruments.