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).
The 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).
This Act establishes the salary and allowance framework for specified judicial officers in Queensland, replacing the Judges (Salaries and Allowances) Act 1967 (s33). Its mechanical effect is to (a) set base salary relationships and percentages for classes of judges and other judicial office-holders (Part 2), (b) create and describe several specific allowances (jurisprudential, education and conference, expense-of-office, long leave) and the rules for payment, indexing and conversion of those allowances (Part 3), (c) prescribe funding and payment mechanics (appropriation, publication, adjustment timing) (ss23, 25, 27), and (d) provide transitional and savings rules for entitlements and outstanding determinations from the repealed Act (Part 5, ss33-41).
Key mechanical features visible in the text include the following. A Supreme Court judge (other than the Chief Justice or President of the Court of Appeal) is paid an amount equal to the salary payable to a Federal Court judge for the financial year (s5). Several offices are defined in relation to a notional benchmark amount, with fixed percentage relationships to that benchmark: the Chief Justice is 113.2% of the benchmark (s6), the President of the Court of Appeal is 97.5% of the Chief Justice (s7), the Chief Judge is 100% of the benchmark (s8), District Court judges are 90% of the benchmark (s9), magistrates and other offices carry their own percentage rules (ss14-15). The Act references a "benchmark amount" but the definition is delegated to the dictionary in schedule 2 (s4), which forms part of the instrument.
The Act provides a jurisprudential allowance for a defined set of judicial officers (s16), and permits multiple treatment options for that allowance: reimbursement for vouched or estimated self-education expenses (s17), conversion to salary on election (s18), or payment as a lump sum including on retirement where within time limits (s19). Education and conference allowances are available to deputy presidents of the Industrial Court or Commission and industrial commissioners (s20). Expense-of-office allowances are available to senior judges and members of certain courts, indexed by a consumer price index (s21), with particular travelling limits if travel costs are to be reimbursed from that allowance (s21(5)-(7)). A long leave allowance equal to 2.86% of salary is payable to specified officers and paid pro rata with salary (s22).
Current sections
Direct links to the current provisions in Judicial Remuneration Act 2007.
51
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Judicial Remuneration Act 2007 .
sec.2
Commencement
sec.2 Commencement
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.
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.
(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.
(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.
• 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.
• 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.
• 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.
sec.3
Main purpose
sec.3 Main purpose
The main purpose of this Act is to provide for salaries and allowances for judicial officers in a way that—
maintains judicial independence; and
ensures Queensland continues to attract and retain judicial officers of the highest quality; and
is generally consistent with other Australian jurisdictions.
(a) maintains judicial independence; and
(b) ensures Queensland continues to attract and retain judicial officers of the highest quality; and
(c) is generally consistent with other Australian jurisdictions.
sec.4
Definitions
sec.4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2
Salaries generally and jurisprudential allowances for particular judicial officers
Salaries generally and jurisprudential allowances for particular judicial officers
sec.5
Supreme Court judge other than Chief Justice or President of the Court of Appeal
sec.5 Supreme Court judge other than Chief Justice or President of the Court of Appeal
A 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.
sec.5A
Reserve Supreme Court judge or retired acting Supreme Court judge
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.
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.
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) .
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) .
s 5A ins 2013 No. 35 s 91
amd 2024 No. 47 s 64B
(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.
(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.
(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) .
(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) .
sec.6
Chief Justice
sec.6 Chief Justice
The 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.
sec.7
President of the Court of Appeal
sec.7 President of the Court of Appeal
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 97.5% of the amount the Chief Justice is entitled, under section 6 , to be paid for the financial year.
sec.8
Chief Judge
sec.8 Chief Judge
The 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.
sec.9
District Court judge other than the Chief Judge
sec.9 District Court judge other than the Chief Judge
A 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.
s 9 amd 2013 No. 35 s 92 ; 2024 No. 47 s 64C
sec.9A
Reserve District Court judge or retired acting District Court judge
sec.9A Reserve District Court judge or retired acting District Court judge
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.
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.
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.
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) .
s 9A ins 2013 No. 35 s 93
amd 2024 No. 47 s 64D
(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.
(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.
(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.
(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) .
sec.10
President of the Land Court
sec.10 President of the Land Court
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 100% of the benchmark amount for the financial year.
sec.11
Member of the Land Court other than the President of the Land Court
sec.11 Member of the Land Court other than the President of the Land Court
A 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.
sec.12
Presidential members under the Industrial Relations Act 2016
sec.12 Presidential members under the Industrial Relations Act 2016
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.
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.
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.
s 12 amd 2013 No. 29 s 59ZD ; 2016 No. 63 s 1157 sch 6
(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.
(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.
(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.
(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;
(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.
sec.13
Industrial Commissioner
sec.13 Industrial Commissioner
An 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.
s 13 amd 2013 No. 29 s 59ZE
sec.14
Chief Magistrate and Deputy Chief Magistrate
sec.14 Chief Magistrate and Deputy Chief Magistrate
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.
Subsection (1) does not apply to the Chief Magistrate if he or she is a District Court judge.
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.
(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.
(sec.14-ssec.2) Subsection (1) does not apply to the Chief Magistrate if he or she is a District Court judge.
(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.
(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;
(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.
sec.15
Magistrate other than Chief Magistrate or Deputy Chief Magistrate
sec.15 Magistrate other than Chief Magistrate or Deputy Chief Magistrate
A 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.
pt.3
Allowances for particular judicial officers
Allowances for particular judicial officers
sec.16
Jurisprudential allowance
sec.16 Jurisprudential allowance
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.
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.
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.
s 16 amd 2013 No. 29 s 59ZF
(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.
(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.
(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.
(a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;
(b) the Chief Judge and the other District Court judges;
(c) the President of the Land Court and the other members of the Land Court;
(d) the President of the Industrial Court;
(e) the Vice-President of the Industrial Court.
sec.17
Jurisprudential allowance may be paid as reimbursement
sec.17 Jurisprudential allowance may be paid as reimbursement
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.
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.
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.
The cost of self-education includes the cost of a spouse accompanying a judicial officer to a place for the self-education.
An estimated expense must be acquitted.
(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.
(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.
(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.
(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.
(sec.17-ssec.5) An estimated expense must be acquitted.
sec.18
Jurisprudential allowance may be paid as salary
sec.18 Jurisprudential allowance may be paid as salary
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.
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.
(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.
(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.
sec.19
Jurisprudential allowance may be paid as lump sum
sec.19 Jurisprudential allowance may be paid as lump sum
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 .
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.
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.
(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 .
(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.
(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.
sec.20
Education and conference allowance
sec.20 Education and conference allowance
The purpose of this section is to make provision for an education and conference allowance payable for each financial year to particular judicial officers.
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.
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.
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.
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.
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.
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.
An estimated expense must be acquitted.
s 20 amd 2013 No. 29 s 59ZG
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(sec.20-ssec.8) An estimated expense must be acquitted.
(a) a deputy president of the Industrial Court or Commission;
(b) an industrial commissioner.
sec.21
Expense-of-office allowance
sec.21 Expense-of-office allowance
The purpose of this section is to make provision for an expense-of-office allowance payable for each financial year to particular judicial officers.
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.
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.
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.
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.
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.
For subsection (6) , the class of travel undertaken by a judicial officer is irrelevant.
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.
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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(sec.21-ssec.7) For subsection (6) , the class of travel undertaken by a judicial officer is irrelevant.
(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.
(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.
(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.
(a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;
(b) the Chief Judge and the other District Court judges;
(c) the President of the Land Court and the other members of the Land Court;
(d) the President of the Industrial Court.
(a) attendance by the judicial officer and his or her spouse at official functions, conferences and conventions;
(b) library books and subscriptions and maintenance, binding and insurance of the books or matters covered by the subscriptions;
(c) fees for membership of professional associations;
(d) purchase, maintenance and insurance of judicial wigs and regalia;
(e) purchase of newspapers and periodicals;
(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.
(a) once overseas otherwise than to or from New Zealand;
(b) twice within Australia or to, from or within New Zealand.
(a) the Consumer Price Index (All Groups) Brisbane, as published by the Australian Statistician, Brisbane;
(b) if another index is nominated by the Australian Statistician as mentioned in section 30 , the other index.
sec.22
Long leave allowance
sec.22 Long leave allowance
The purpose of this section is to make provision for a long leave allowance payable for each financial year to particular judicial officers.
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 .
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.
The long leave allowance is to be paid on a pro rata basis at the same time as salary.
s 22 amd 2013 No. 29 s 59ZH ; 2016 No. 63 s 1157 sch 6
(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.
(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 .
(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.
(sec.22-ssec.4) The long leave allowance is to be paid on a pro rata basis at the same time as salary.
(a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;
(b) the Chief Judge and the other District Court judges;
(c) the President of the Land Court and the other members of the Land Court;
(d) a presidential member under the Industrial Relations Act 2016 .
pt.4
General provisions
General provisions
sec.23
Appropriation
sec.23 Appropriation
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 .
This section does not affect the Constitution of Queensland 2001 , section 62 (3) .
(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 .
(sec.23-ssec.2) This section does not affect the Constitution of Queensland 2001 , section 62 (3) .
(a) amounts for salaries and allowances payable under this Act;
(b) amounts payable under a determination mentioned in section 26 .
sec.24
No decrease of salaries and allowances
sec.24 No decrease of salaries and allowances
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.
Subsection (1) has effect despite any other provision of this Act.
This section does not affect the Constitution of Queensland 2001 , section 62 (2) .
(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.
(sec.24-ssec.2) Subsection (1) has effect despite any other provision of this Act.
(sec.24-ssec.3) This section does not affect the Constitution of Queensland 2001 , section 62 (2) .
sec.25
Adjustment of salary of Federal Court judge
sec.25 Adjustment of salary of Federal Court judge
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) .
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.
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.
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.
(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) .
(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.
(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.
(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.
(a) an adjustment of the salary of a Federal Court Judge takes effect during the financial year; and
(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) ;
(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;
(d) the date on which that determination takes effect.
(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
(b) the amount that was payable to him or her in relation to the period of deferral.
sec.26
Determination made under the Supreme Court of Queensland Act 1991  relating to pension entitlements
sec.26 Determination made under the Supreme Court of Queensland Act 1991 relating to pension entitlements
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.
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.
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.
(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.
(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.
(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.
(a) was appointed as a justice of the Court of Appeal before 1 August 1997; and
(b) had retired before the commencement of this section.
(a) for deciding pension entitlements in relation to the person; and
(b) as the appropriate way in which pension entitlements are to be worked out.
sec.27
Notification of salary and allowances
sec.27 Notification of salary and allowances
After 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.
sec.28
Salary and allowances not payable if not holding judicial office
sec.28 Salary and allowances not payable if not holding judicial office
This section applies to a person in relation to the financial year in which the person starts holding, or stops holding, judicial office.
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.
Subsection (2) applies despite a reference in another provision of this Act to an entitlement to the salary or allowance for a financial year.
(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.
(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.
(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.
sec.29
Notice of election
sec.29 Notice of election
Written notice given to the following for an election under section 18 or 19 is evidence of the election—
for a presidential member under the Industrial Relations Act 2016 the chief executive of the department in which that Act is administered;
for all other judicial officers—the chief executive.
s 29 amd 2013 No. 29 s 59ZI ; 2016 No. 63 s 1157 sch 6
(a) for a presidential member under the Industrial Relations Act 2016 the chief executive of the department in which that Act is administered;
(b) for all other judicial officers—the chief executive.
sec.30
Discontinuance, change or substantial variation of CPI
sec.30 Discontinuance, change or substantial variation of CPI
This section applies if the Consumer Price Index (All Groups) Brisbane, as published by the Australian Statistician, is discontinued, changed or substantially varied.
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.
(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.
(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.
sec.31
Regulation-making power
sec.31 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.5
Repeal and transitional provisions and consequential and other amendments
Repeal and transitional provisions and consequential and other amendments
pt.5-div.1
Definitions
Definitions
sec.32
Definitions for pt 5
sec.32 Definitions for pt 5
In this part—
commencement means the commencement of this section.
current financial year means the financial year starting on 1 July 2007.
new Act means this Act as in force immediately after commencement.
relevant allowance , in relation to a judicial officer, means—
if the judicial officer is entitled to be paid jurisprudential allowance—jurisprudential allowance; or
if the judicial officer is entitled to be paid an education and conference allowance—education and conference allowance.
repealed Act means the repealed Judges (Salaries and Allowances) Act 1967 .
(a) if the judicial officer is entitled to be paid jurisprudential allowance—jurisprudential allowance; or
(b) if the judicial officer is entitled to be paid an education and conference allowance—education and conference allowance.
pt.5-div.2
Repeal and related provisions
Repeal and related provisions
sec.33
Repeal
sec.33 Repeal
The Judges (Salaries and Allowances) Act 1967, No. 40 is repealed.
On commencement—
the Salaries and Allowances Tribunal is dissolved; and
the members of the tribunal go out of office.
No compensation is payable to a member because of subsection (2).
No liability attaches to a member of the tribunal in relation to a failure to comply with section 12 of the repealed Act.
(sec.33-ssec.1) The Judges (Salaries and Allowances) Act 1967, No. 40 is repealed.
(sec.33-ssec.2) On commencement— the Salaries and Allowances Tribunal is dissolved; and the members of the tribunal go out of office.
(sec.33-ssec.3) No compensation is payable to a member because of subsection (2).
(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.
(a) the Salaries and Allowances Tribunal is dissolved; and
(b) the members of the tribunal go out of office.
sec.34
Determination under Judges (Salaries and Allowances) Act 1967
sec.34 Determination under Judges (Salaries and Allowances) Act 1967
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.
Each retained entitlement is subject to the same conditions and limitations that applied to it immediately before commencement.
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.
In this section—
SAT determination means a determination made by the Salaries and Allowances Tribunal under section 12 of the repealed Act.
(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.
(sec.34-ssec.2) Each retained entitlement is subject to the same conditions and limitations that applied to it immediately before commencement.
(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.
(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.
sec.35
Previous election for jurisprudential allowance as salary
sec.35 Previous election for jurisprudential allowance as salary
If, 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.
sec.36
References to repealed Act
sec.36 References to repealed Act
In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.
pt.5-div.3
Provisions relating to the current financial year
Provisions relating to the current financial year
sec.37
Purpose of div 3
sec.37 Purpose of div 3
The 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.
sec.38
Act has effect for the current financial year
sec.38 Act has effect for the current financial year
This section applies to a judicial officer if, immediately after commencement, the judicial officer is entitled to an amount as salary or an allowance.
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.
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.
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.
(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.
(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.
(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.
(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.
sec.39
First increase of jurisprudential allowance and education and conference allowance
sec.39 First increase of jurisprudential allowance and education and conference allowance
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).
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.
(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).
(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.
(a) the salary payable under the new Act to the judicial officer at the time of the first increase;
(b) the salary payable to the judicial officer at the time the relevant allowance was last increased under the repealed Act.
sec.40
Amount of relevant allowances before commencement
sec.40 Amount of relevant allowances before commencement
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.
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.
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.
(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.
(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.
(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.
(a) for the Chief Justice—$26,950;
(b) for the President of the Court of Appeal—$26,120;
(c) for a Supreme Court judge other than the Chief Justice or the President of the Court of Appeal—$22,950;
(d) for the Chief Judge—$22,950;
(e) for a District Court judge other than the Chief Judge—$20,650;
(f) for the President of the Land Court and the President of the Industrial Court—$22,950;
(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.
(a) a deputy president of the Industrial Commission;
(b) a commissioner, other than a presidential member of the Industrial Commission.
sec.41
Amount of expense-of-office allowance after commencement
sec.41 Amount of expense-of-office allowance after commencement
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.
The amount of the expense-of-office allowance for the current financial year is $8,780.
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.
(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.
(sec.41-ssec.2) The amount of the expense-of-office allowance for the current financial year is $8,780.
(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.
(a) the Chief Justice, the President of the Court of Appeal and the other Supreme Court judges;
(b) the Chief Judge and the other District Court judges;
(c) the President of the Land Court and the other members of the Land Court;
(d) the President of the Industrial Court.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Judicial Remuneration Act 2007 .
sec.2 Commencement
sec.2 Commencement
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.
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.
(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.
(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.
• 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.
• 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.
• 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.
sec.3 Main purpose
sec.3 Main purpose
The main purpose of this Act is to provide for salaries and allowances for judicial officers in a way that—
maintains judicial independence; and
ensures Queensland continues to attract and retain judicial officers of the highest quality; and
is generally consistent with other Australian jurisdictions.
Funding is explicitly appropriated from the consolidated fund for amounts payable under the Act (s23). The Act prevents reduction in the total amount of salary and allowances payable to an officer for a prior financial year (s24). Adjustments that arise from Federal Remuneration Tribunal determinations for Federal Court judges feed into the State scheme under a specified timing and deferral rule (s25). The Act retains certain prior determinations for pre-1997 Court of Appeal retirees (s26). The Governor in Council and chief executive roles feature in decisions and administrative notices, including setting sessional rates for reserve judges (s5A(2), s9A(2)) and publication of adjustments by gazette (s27). Regulations may be made by the Governor in Council (s31). Transitional provisions repeal the prior SAT mechanism, dissolve the Salaries and Allowances Tribunal and preserve accrued unpaid entitlements under SAT determinations (ss33-34).
The official statement of purpose is set out in s3: to provide for judicial salaries and allowances in a way that maintains judicial independence, attracts and retains judges of high quality, and is generally consistent with other Australian jurisdictions. That claim appears as the declared purpose; the text then supplies the operational rules that implement that purpose through benchmarking, indexing, conversion options and protections against reduction.
Main concepts
This Act organises compensation around a small number of structural concepts: benchmark-based salaries, discrete allowances with specified uses and indexing, conversion options for some allowances, pension offsets for retired judges, timing and publication rules for adjustments, and transitional savings where prior arrangements existed.
Benchmark-based salary structure
Several offices are expressed as percentages of a "benchmark amount", which the Act uses repeatedly for chief judicial posts and many allowances (ss6-15). The actual definition of "benchmark amount" is delegated to the dictionary in schedule 2 (s4); the operative text therefore refers to the defined term rather than restating a dollar figure. For Supreme Court judges other than the Chief Justice and President of the Court of Appeal, the Act links the amount directly to the salary payable to a Federal Court judge (s5). Sections 6-15 convert the benchmark into specific salary entitlements for different ranks by fixed percentages.
Allowances and their purposes
Jurisprudential allowance: intended for specified senior judges and members (s16). The allowance increases each financial year at the same rate as the salary for the judicial officer (s16(3)). The Act expressly allows the jurisprudential allowance to be paid as reimbursement for self-education expenses (vouched or estimated and later acquitted) (s17), or to be taken as salary (s18), or as a lump sum, including on retirement/resignation, subject to a seven-year time limit for retrospective claims (s19).
Education and conference allowance: limited to deputy presidents and industrial commissioners (s20); increases at the same rate as salary (s20(3)); may only be reimbursed, not converted to salary or lump sum (s20(7)).
Expense-of-office allowance: for senior judicial officers and members of certain courts (s21). It is indexed to a consumer price index (s21(3)), reimburses specified categories of business-related expenses (s21(5)), and cannot be converted to salary or lump sum (s21(9)). Travel reimbursements for spouse travel are permitted but capped in frequency (s21(5)(f), (6)), with the class of travel irrelevant to the limit (s21(7)).
Long leave allowance: a defined percentage (2.86%) of salary for specified officers (s22), paid pro rata with salary (s22(4)).
Conversion, timing and time limits
Conversion options are asymmetric. Jurisprudential allowance is convertible to salary (s18) or to a lump sum (s19) and can be used to reimburse earlier-year education expenses but only up to seven financial years after the relevant year (s17(3), s19(3)). Education and conference allowance and expense-of-office allowance are explicitly non-convertible to salary or lump sum (ss20(7), 21(9)). Estimated expenses must be acquitted (ss17(5), 20(8)).
The Act requires public notification by gazette after an adjustment takes effect (s27). For Federal Court salary adjustments, there is a defined deferral/commencement rule tied to the Remuneration Tribunal decision and the period by which the Commonwealth Parliament could disapprove it (s25(2)).
Pension and retired/ reserve judges
Reserve or retired acting Supreme Court and District Court judges engaged full-time are to be paid the equivalent amount payable to an incumbent judge under the relevant sections less any pension (ss5A(1), 9A(1)). Session-based payments for retired judges are to be set by the Governor in Council and stated in the commission, but must not be less than a floor expressed by the formula A = B − C (ss5A(2)-(3), 9A(2)-(3)). The Act defines "pension" broadly (s5A(4), s9A(6)), and cross-references the relevant statutes that create reserve or acting appointments.
Funding and constitutional notes
Amounts are payable out of the consolidated fund and appropriated accordingly (s23). The appropriation and non-decrease provisions are explicitly stated not to affect certain provisions of the Constitution of Queensland 2001 (ss23(2), 24(3)).
Transitional and repeal elements
The Judges (Salaries and Allowances) Act 1967 is repealed (s33). The Salaries and Allowances Tribunal is dissolved and members go out of office without compensation (s33(2)-(3)). Retained SAT entitlements that accrued before the current financial year but were unpaid are preserved subject to prior conditions (s34). The Act contains steps for applying the new rules to the current financial year and for calculating the first increases under the new regime (ss38-41).
Administrative actors and decision points
The Governor in Council has a decision role for sessional fees (ss5A(2), 9A(2)) and may make regulations (s31). The chief executive is the recipient of written elections under ss18-19 in most cases, with a separate chief executive for presidential members under the Industrial Relations Act 2016 (s29). The Federal Remuneration Tribunal’s determinations feed into state adjustments by reference (s25).
These core concepts organise who gets paid what, how allowances can be used or converted, how indexing and increases operate, the treatment of retired judges, and the administrative controls and publication requirements that accompany remuneration changes.
Who it affects
Primary beneficiaries
The Act expressly lists the judicial officers who are entitled to salary and various allowances. These include Supreme Court judges (the Chief Justice, President of the Court of Appeal, other Supreme Court judges) (ss5-7, 16), Chief Judge and District Court judges (ss8-9, 16), President and members of the Land Court (ss10-11, 16), presidential members under the Industrial Relations Act 2016 including President and Vice-President of the Industrial Court and deputy presidents of the Industrial Court or Commission (s12, s20), industrial commissioners (s13, s20), the Chief Magistrate and Deputy Chief Magistrate and magistrates (ss14-15), and reserve or retired acting Supreme and District Court judges (ss5A, 9A).
Secondary actors
The Governor in Council is the decision-maker for sessional remuneration levels for retired/reserve sessional appointments (ss5A(2), 9A(2)). The chief executive and, for presidential Industrial Relations members, the chief executive of the relevant department, are the administrative recipients for elections about converting allowances to salary or lump sums (s29). The Australian Statistician is referenced as nominating an alternative CPI index if the Brisbane CPI is discontinued or materially changed (s30). The Federal Remuneration Tribunal and the Parliament of the Commonwealth affect timing and effect of adjustments to Federal Court judge salaries that are carried through to this Act under s25.
Who pays
The consolidated fund is the source of payment (s23). The appropriation is direct subject to s23(2), and the Act explicitly states that amounts payable under it are payable out of that fund.
Public interest and taxpayers
Although the law affects judicial officers directly, the consolidated fund payment means the costs are borne ultimately by the State’s public finances. The Act’s indexing and non-decrease safeguards (s24) create a predictable but potentially increasing fiscal obligation.
Employers, tribunals and courts
Courts’ administrative units and departments managing judicial payroll and allowances are affected because the Act requires calculation of variable entitlements tied to external indices (Federal Court salaries, CPI), maintenance of documentation for vouched or estimated expenses, backdating where required (s20(4), s21(4), s25(3)), and gazetting of adjustments (s27). The dissolution of the Salaries and Allowances Tribunal shifts decision-making and administrative responsibilities to executive government (s33), affecting where disputes or queries about remuneration adjustments are routed.
Retired judges and pension schemes
Retired judges who are re-engaged on a sessional or acting basis are affected by the formula-based floor for sessional pay (s5A(3), s9A(3)) and by the requirement that sessional or full-time payments to retired judges for full-time engagement be reduced by amounts received as pension (ss5A(1), 9A(1)). The Act also preserves certain pension calculations and prior determinations for Court of Appeal appointees who retired before 1 August 1997 (s26).
Legal and compliance officers
Those responsible for ensuring lawful payroll and allowances must reconcile the Act’s provisions with other statutory frameworks cited (Remuneration Tribunal Act 1973 (Cwlth), Supreme Court of Queensland Act 1991, District Court of Queensland Act 1967, Industrial Relations Act 2016), respect the limitations on conversion and reimbursement, and process notices of election under s29. They must also maintain records to support vouched or estimated expenses and follow acquittal rules (ss17(5), 20(8)) and time limits (ss17(3), 19(3)).
Who is not affected directly
The Act does not create new private law rights or obligations for litigants, private businesses, or elements of the justice system outside judicial compensation. It does not prescribe criminal penalties or disciplinary processes. Its direct impact is on compensation mechanics for judicial office-holders and the administrative processes that support payment and record-keeping.
Cross-jurisdictional actors
The Federal Remuneration Tribunal and Commonwealth Parliament are external actors whose determinations influence State remuneration through the Federal benchmarking mechanism for Supreme Court judges (s5) and the adjustment timing regime (s25). The Australian Statistician is an actor for index substitution under s30.
In sum, the Act primarily governs the entitlements of named judicial office-holders and creates duties and administrative tasks for the Governor in Council, chief executives, and the courts’ payroll/finance systems. It also reassigns prior tribunal functions to the executive by dissolving the Salaries and Allowances Tribunal (s33), shifting decision pathways for future determinations.
Key duties and rights
Rights created by the Act
Entitlement to salary and allowances: The Act creates statutory entitlements to salary and to a range of allowances for the judicial officers it lists. These entitlements are expressed either as an amount equal to a Federal Court judge’s salary (s5) or as a fixed percentage of the benchmark amount (ss6-15). Allowance entitlements are specified by office (s16 jurisprudential allowance, s20 education and conference allowance, s21 expense-of-office allowance, s22 long leave allowance).
Conversion rights: A judicial officer entitled to a jurisprudential allowance may elect to have all or part of it paid as salary (s18) or may elect to have it paid as a lump sum including on retirement (s19), subject to the seven-year limitation on retrospective payments (ss17(3), 19(3)). The jurisprudential allowance may instead be used to reimburse vouched or estimated self-education costs (s17).
Payment timing and increases: The jurisprudential and education allowances increase at the same rate as salary (ss16(3), 20(3)). Expense-of-office allowance increases in accordance with the Brisbane CPI or replacement index nominated by the Australian Statistician (s21(3), s30).
Duties and administrative obligations
Vouching and acquittal: If a judicial officer is reimbursed from an allowance for expenses, the expenses must be vouched or estimated and, for estimated expenses, acquitted (ss17(1), 17(5), 20(5), 20(8)). The Act therefore imposes a record-keeping and acquittal duty on the officer and a corresponding administrative duty on the paying body to process and retain evidence.
Notice of election: Elections to convert jurisprudential allowance to salary or to take a lump sum require written notice to the chief executive (or specific departmental chief executive for presidential Industrial Relations members) and that notice is evidence of the election (s29). Officers must follow this formal process to exercise conversion rights.
Pension offset and calculation duties: For reserve or retired judges engaged full time, the payable amount is the equivalent to a sitting judge less any pension received (ss5A(1), 9A(1)). Administrators must obtain pension figures and ensure correct offsets are applied. For sessional payments there is a Governor in Council-determined rate in the commission, with a statutory minimum (A = B − C) (ss5A(2)-(3), 9A(2)-(3)). Accurate calculation and documentation are required.
Non-payment during non-holding periods: Salary and allowances are not payable for periods during a financial year when a person does not hold the judicial office (s28). Payroll administrators must apply pro rata calculations in appointment commencements and cessations.
Protective and limiting provisions
No decrease provision: The total amount of salary and allowances payable for a financial year cannot be decreased in any later financial year (s24). This is a protective right for officers, creating a floor so that adjustments cannot be applied retrospectively to reduce prior-year totals.
Appropriation and publication: Amounts payable are appropriated from the consolidated fund (s23). After an adjustment takes effect, the Governor in Council must publish the adjusted amount by gazette notice (s27). These are duties on the executive to fund and inform.
Regulatory powers and discretion
Governor in Council regulation-making power and decision-making: The Governor in Council may make regulations (s31) and set sessional commissions for retired judges (ss5A(2), 9A(2)). That provides executive discretion in setting some payment terms, though s5A(3) and s9A(3) constrain sessional minimums. The Act therefore creates a defined but not unlimited discretion for the executive.
Interplay with Commonwealth decision-making
Adjustment timing tied to Federal Remuneration Tribunal: An adjustment linked to a Federal Court judge’s salary takes effect subject to the Remuneration Tribunal’s determination and potential disallowance by the Commonwealth Parliament; the Act prescribes the timing with a potentially deferred commencement and entitles judicial officers to receive arrears where the adjustment is deferred (s25). Implementers must track Commonwealth processes to apply state entitlements properly.
Transitional duties
The Act dissolves the former Salaries and Allowances Tribunal (s33) and preserves unpaid accrued entitlements under SAT determinations subject to prior conditions (s34). Administrative officers must recognise and process retained entitlements, while ensuring any SAT determinations not gazetted before commencement are treated as having no effect (s34(3)).
What the Act does not do
The Act does not create criminal sanctions or a detailed audit regime. It does not set out a disciplinary process for misuse of allowances. It leaves the practical rules for vouchers, acquittal standards, and internal audit to administrative practice or subordinate regulation-making under s31.
Practical implications of duties and rights
The Act places duties on judicial officers to maintain evidence for reimbursements, elect conversion formally, and abide by timing limits for retrospective claims. It places duties on executive agencies to calculate benchmark-linked salaries, apply CPI indexing, perform pension offsets for retired judges, publish changes, and manage appropriate appropriation. The Governor in Council retains regulation-making and some decision-making powers subject to statutory minimums. These rights and duties establish predictable entitlements but require administrative systems to implement the indexing, conversion, acquittal and publication mechanics accurately.
Penalties and enforcement
Direct penalties and criminal sanctions
The Act does not prescribe express criminal penalties or civil fines for non-compliance by judicial officers or administrators. There is no provision in the provided text creating offences for false claims, fraudulent vouchers, or misuse of allowances.
Mechanisms for enforcement and control
Administrative controls are embedded in the payment rules. The requirement that expenses be vouched or that estimated expenses be acquitted (ss17(1), 17(5), 20(5), 20(8)) creates a record-based control mechanism. Recoverability and administrative refusals are implied by the non-payment and acquittal language, but specific enforcement processes (for example, clawback clauses, disciplinary referrals, or audit powers) are not set out in the Act itself. Implementing agencies will therefore rely on internal control, public sector financial management rules and, potentially, subordinate regulation under s31 to govern practical enforcement.
Payment conditions and statutory controls
The Act places substantive legal limits on what may be paid from specified allowances. Expense-of-office allowance can only reimburse specified categories of expenditure and travel reimbursement for spouse travel is subject to frequency caps (s21(5)-(7)). Education and conference allowance and expense-of-office allowance cannot be converted to salary or lump sum (ss20(7), 21(9)). Jurisprudential allowance conversion and lump-sum payments are allowed, but only within a seven-year retrospective window (ss17(3), 19(3)). These statutory conditions narrow the scope for improper payments if followed.
Appropriation and fiscal enforcement
The Act declares the consolidated fund as the source of payment and appropriates the amounts payable under the Act (s23). That creates an administrative control point: agencies authorised to make payments must have appropriation and follow public finance practices. The constitutional cross-references (ss23(2), 24(3)) indicate the Act is to be exercised within the State’s constitutional appropriation framework.
Publication and transparency
The Governor in Council must publish adjustments by gazette notice after they take effect (s27). Publication supports transparency and gives external stakeholders (including parliament, auditors and the public) the factual basis to check payments and entitlements. The Act therefore builds a reporting control though it leaves audit and enforcement details to other instruments.
Residual discretion and enforcement risk
The Governor in Council has discretion to set sessional rates and to make regulations (ss5A(2), 9A(2), s31). The Act constraints (minimum sessional floors A = B − C) reduce the risk of arbitrary underpayment for retired judges engaged on a sessional basis (ss5A(3), 9A(3)). However, the absence of explicit sanctioning provisions against false claims shifts enforcement to administrative and standard public sector disciplinary and financial management systems rather than statutory penal clauses.
Transitional considerations for enforcement
The Act dissolves the Salaries and Allowances Tribunal and eliminates the SAT decision pathway (s33). For entitlements accrued under SAT determinations the Act preserves retained entitlements subject to prior conditions (s34). Thus, enforcement of those legacy entitlements will be administrative in nature, handled under the new legislative framework. The Act declares that SAT determinations made but not gazetted before commencement have no effect (s34(3)), thereby preventing retroactive claims based on unpublished SAT determinations.
Practical effect for controllers
Payroll and finance controllers should ensure they have record-keeping, voucher verification and acquittal processes to comply with the Act’s payment conditions. They should also ensure gazettal and publication processes are in place for adjustments (s27). Because the Act does not supply penal tools, agencies should rely on public sector fraud and discipline frameworks and internal audit to address misuse and non-compliance.
In short, enforcement is primarily administrative, relying on voucher/acquittal requirements, publication and appropriation controls, and executive discretion constrained by statutory minimums and indexing rules. The Act does not create specific statutory penalties in the provided text.
How it interacts with other laws
Commonwealth Remuneration processes
The Act explicitly links Queensland Supreme Court judge remuneration to the salary payable to a Federal Court judge (s5). Section 25 sets out the mechanism for adjustments that depend on Federal Remuneration Tribunal determinations under the Remuneration Tribunal Act 1973 (Cwlth). The timing for such adjustments takes account of whether the Commonwealth Parliament disapproves a Federal Remuneration Tribunal determination. The Act therefore creates a direct cross-jurisdictional dependency: a Commonwealth instrument and parliamentary process can influence when and how State judicial remuneration changes take effect (s25). Section 25 also entitles officers to arrears for periods of deferral, creating a State-side obligation that follows the Commonwealth timeline.
State constitutional considerations
The appropriation and the non-decrease provisions contain express non-prejudice clauses in relation to the Constitution of Queensland 2001 (ss23(2), 24(3)). This indicates the Act operates subject to constitutional appropriation rules and protections for salaries under the Queensland Constitution. Implementers must therefore reconcile payments under the Act with constitutional provisions governing remuneration of judicial officers.
Interplay with court statutes and appointment Acts
The Act references and depends on other State statutes that govern appointment and reserve mechanisms: the Supreme Court of Queensland Act 1991 (for reserve and acting Supreme Court judges, cross-referenced in s5A and s26), the District Court of Queensland Act 1967 (for reserve District Court judges in s9A), the Industrial Relations Act 2016 (for presidential members referenced in s12 and s22), and the Magistrates Courts Act 1921 (mentioned in the commencement provisions). Those Acts determine who may be appointed as reserve or acting judges, the commissions they receive, and thus trigger the payment mechanics set out in this Act.
Repeal and transitional references
The Judges (Salaries and Allowances) Act 1967 is repealed (s33). Transitional provisions in Part 5 preserve entitlements that accrued under SAT determinations (s34) and treat prior elections as still effective (s35). The repeal shifts decision-making and historical determinations into the new statutory framework, and declares that any SAT determination not gazetted before repeal has no continuing validity (s34(3)). That establishes an interaction with administrative law principles about determinations, publication and entitlement.
Consumer Price Index and statistical law
The expense-of-office allowance is indexed to the Consumer Price Index (All Groups) Brisbane as published by the Australian Statistician (s21(3)). Section 30 contemplates substitution if that CPI series is discontinued or materially changed; the Australian Statistician nominates an appropriate alternative. This creates an operational dependency on Commonwealth statistical publishing and the Australian Statistician’s discretion.
Appropriation and public finance law
Section 23 appropriates amounts payable under the Act from the consolidated fund. Officers administering payments must follow State public finance law, accounting standards and appropriation limits when implementing the Act. The appropriation clause is subject to constitutional cross-references (s23(2)). That situates the Act within the State’s broader public financial management framework.
Administrative law and executive powers
The Governor in Council’s power to make regulations (s31) and to set sessional amounts that appear in a judge’s commission (s5A(2), s9A(2)) means the Act sits in the space where executive decisions under statutory authorisations govern remuneration detail. Those executive decisions remain subject to general public law review principles where applicable, but the Act itself does not set out review or merits appeal mechanisms for Governor in Council determinations.
Industrial Relations and commission membership
The Act references presidential members under the Industrial Relations Act 2016 (s12) and identifies specific allowance entitlements for those roles. The interaction is practical: pay and allowances for those tribunal members are governed by this Act, while appointment, jurisdiction and membership are governed by the Industrial Relations Act 2016.
Legacy instruments and determinations
The Act preserves certain determinations, including the 24 October 1991 Governor in Council determination under the Supreme Court of Queensland Act 1991 for pre-1 August 1997 Court of Appeal retirees, to the extent it applied to those persons (s26). That provision maintains continuity with earlier pension arrangements and shows how the Act selectively sustains prior executive determinations when they are relevant to individual pension entitlements.
What the Act does not override
The Act does not purport to rewrite the substantive provisions of the appointment Acts; it cross-references their reserve and acting appointment mechanisms to determine when the payment rules apply (ss5A(4), 9A(6)). Nor does it provide a comprehensive audit or disciplinary regime; those functions remain within applicable administrative and public sector rules and the relevant court statutes.
Overall, the Act functions as a compensation overlay that integrates with Commonwealth remuneration processes, State constitutional appropriation rules, court appointment statutes, and statistical indices. Administrators must coordinate across those regimes to calculate entitlements, adjust payments, honour pension offsets and effect publication and appropriation.
Amendment history
This Act’s text contains inline amendment annotations indicating legislative changes and insertions. The instrument replaced the Judges (Salaries and Allowances) Act 1967 on commencement by explicit repeal (s33). The Act also records later statutory insertions and amendments within its body. The text as provided includes the following explicit amendment markers and transitional references which should be treated as the source record:
Repeal of the Judges (Salaries and Allowances) Act 1967: The repealed Act is expressly removed in s33(1). Section 33 also dissolves the Salaries and Allowances Tribunal on commencement and sends its members out of office without compensation (s33(2)-(3)). This is a structural change noted within the transitional Part 5.
Insertions and amendments dated 2013: Several sections show an insertion or amendment notation referencing 2013 No. 35 and 2013 No. 29. For example:
Section 5A is noted as "ins 2013 No. 35 s 91" (s5A heading shows this insertion note).
Section 9A is similarly marked "ins 2013 No. 35 s 93" (s9A).
Section 12 and 16, 20, 21, 22, 29 are annotated with "amd 2013 No. 29 s 59ZD/59ZF/59ZG/59ZG/59ZH/59ZI" respectively for their amending instrument entries as shown in their headers. The presence of these annotations indicates that 2013 amendments altered allowances, indexing and administrative provisions.
Amendments in 2016: Section 12 and section 22 include an amendment note "2016 No. 63 s 1157 sch 6", reflecting amendments connected with the Industrial Relations Act 2016 and consequential adjustments to presidential members and related allowances.
Recent annotation in 2024: Sections 5A and 9 (and 9A) carry annotations "amd 2024 No. 47 s 64B" and "s 64C; s 64D" respectively in their headers, indicating statutory amendments in 2024. Those annotations appear next to the Provisions applying to reserve or retired judges and District Court judges. The text shows these amendment references precisely in the headers.
Transitional provisions: Part 5 contains transitional provisions (ss32-41) that implement the repeal and effect of the new Act for the current financial year (defined as starting 1 July 2007 in s32), preserves outstanding SAT entitlements (s34), treats prior elections as effective under the new Act (s35), and provides fixed dollar amounts for some allowances at commencement (ss40-41).
Specific dollar values at commencement: Section 40 lists the jurisprudential allowance amounts payable immediately before commencement for several offices (e.g. Chief Justice $26,950; President of the Court of Appeal $26,120; Supreme Court judge $22,950, etc.). Section 41 sets the expense-of-office allowance on commencement for the current financial year at $8,780. These transitional provisions are part of the initial implementation changes of the Act.
Notes on using these amendment markers
The annotations in the Act text record the legislative instruments that inserted or amended particular sections and provide the starting point for tracing the legislative history. They do not, by themselves, provide the full amendment text of the amending Acts. To reconstruct the full historical change, one must consult the cited amending statutes (for example, 2013 No. 35; 2013 No. 29; 2016 No. 63; 2024 No. 47) and their schedules. The Act’s included annotations supply the statutory citation points required to retrieve the amending instruments from official statute tables.
Scope of amendments shown in the text
The provided text includes the substantive effect of certain amendments, most notably the insertion of provisions for reserve and retired acting judges (ss5A, 9A), adjustments to percentage entitlements for ranks (various sections), and the CPI indexing and conversion rules in Part 3 (ss16-22) which carry amendment notations. The repeal of the SAT and transitional handling of its determinations is explicit in Part 5 (ss33-34).
What the Act’s amendment history section does not supply
The Act text as provided does not contain full chronological notes for every historical amendment. Where the text shows "amd" or "ins" with a statutory citation, it indicates the presence of an amendment but the source statute text must be checked to confirm the details and effective dates. The Act’s own transitional provisions fix initial amounts for a defined "current financial year" and prescribe how the first increase is to be worked out (ss38-41). Those are part of the initial implementation rather than later amendments.
For legal practice, the inline amendment annotations give starting points for statutory tracing. To prepare advices based on the current operative law, practitioners should consult the consolidated version of the Act, verify the effective dates of the cited amendments, and check the schedules (including schedule 2 dictionary) that define key terms used throughout the Act.
Litigation history
The text of the Act provided does not cite or summarise any judicial decisions that have interpreted the Act. There are no cases named in the instrument itself. The Act contains no dedicated litigation or case law history section and does not record any judicial challenges or rulings about its provisions.
What that means for practitioners
Because the statute text contains no reported litigation history, any interpretation issues that have arisen in practice are not recorded here. Practitioners seeking case law on contentious points (for example, the meaning of "benchmark amount", the scope of reimbursement for spouse travel, the operation of the pension offset for retired judges, or the limits on conversion of allowances) will need to search court databases for decisions that cite the Judicial Remuneration Act 2007 or its provisions. The absence of cases in the statute text does not mean there are none; it means the legislative instrument itself does not record any.
Potential sources to check
For judicial interpretation or disputes about salary or allowance entitlements, relevant primary sources would be:
Decisions of the Supreme Court of Queensland and Court of Appeal where questions about remuneration or statutory interpretation of remuneration provisions may have arisen.
Administrative reviews or tribunal decisions involving administrative application of allowance rules, though the Act’s repeal of the Salaries and Allowances Tribunal (s33) suggests fewer tribunal-originated determinations in the later period.
Commonwealth cases if queries relate to how Commonwealth Remuneration Tribunal determinations affected State entitlements via s25.
Transitional litigation risk
The repeal of the SAT and the saving of accrued entitlements in s34 could be a locus for litigation where there is dispute about whether an entitlement was accrued, whether conditions attached to the retained entitlement persist, or whether an SAT determination that was not gazetted has any effect (s34(3) declares it has no effect). Such disputes would involve factual and legal questions about prior SAT determinations and their publication. The statute itself anticipates these issues by preserving retained entitlements and invalidating unpublished determinations, but disagreements about their application could theoretically give rise to litigation.
Practical note
If a client requires case law interpreting a particular section of this Act, the next step is a targeted jurisprudential search for decisions citing the relevant provisions. The Act’s mechanisms that tie State amounts to Commonwealth determinations (s25), the conversion and acquittal rules (ss17-20), the pension offset floor for retired judges (ss5A, 9A) and the non-decrease rule (s24) are all plausible subjects of litigation, but the statute text itself does not record any such cases.
In short, no litigation history is contained in the provided text; practitioners must undertake an external case-law search to discover any judicial interpretation or disputes related to the Act.
Gotchas
Several operational and legal "gotchas" flow directly from the statutory text. These are items that commonly cause implementation errors, timing confusion, or contested claims if not handled carefully.
Benchmark definition not visible in provided text
The Act repeatedly uses "benchmark amount" as the basis for percentages (ss6-15), but the operative definition is in the dictionary in schedule 2 (s4). The schedule is not included in the provided text. Implementers must check schedule 2 to confirm how "benchmark amount" is defined, and whether it includes or excludes particular components, before calculating entitlements. Failure to consult the schedule risks miscalculation of numerous salaries.
Federal benchmarking and timing mismatch
The salary link for many Supreme Court judges is tied directly to the salary payable to a Federal Court judge (s5). Section 25 imposes a timing rule linked to the Federal Remuneration Tribunal determination and possible disallowance by the Commonwealth Parliament. That can create deferred effective dates and entitle officers to arrears. Payroll administrators must track Commonwealth timelines and the Remuneration Tribunal determinations carefully. A common mistake is to assume automatic contemporaneous increases; the Act provides for deferral and then for payment of arrears (s25(3)), so fiscal planning must allow for back pay.
Seven-year retrospective limits
Jurisprudential allowance reimbursements and lump-sum conversions are time-limited. A judicial officer cannot claim an amount as a reimbursement or lump sum for a financial year after the end of the period of seven financial years after that financial year (ss17(3), 19(3)). Practically, this means records and claims more than seven years old are out of scope. Agencies must therefore have procedures to capture and process claims promptly, and officers should be warned not to rely on indefinite retrospective claims.
Conversion asymmetries and prohibited conversions
The jurisprudential allowance may be converted to salary (s18) or a lump sum (s19), but the education and conference allowance and expense-of-office allowance may not be paid as salary or lump sum (ss20(7), 21(9)). Misapplying conversion rights and paying a non-convertible allowance as salary would contravene the statutory limits. The different treatment among allowances is a common source of payroll error.
Acquittal requirement for estimated expenses
The Act allows payment for estimated expenses but requires acquittal (ss17(5), 20(8)). If agencies do not follow up to obtain acquittal documentation, they may have exposure to accounting irregularities or inability to substantiate payments. Agencies must track estimated payments and ensure acquittal within a reasonable administrative timeframe.
Spouse travel constraints
Expense-of-office allowance can reimburse travel costs for a judicial officer and spouse in connection with official functions (s21(5)(f)); however, the judicial officer is only entitled to be reimbursed for such travel if they have not travelled at public expense more than once overseas (other than to/from New Zealand) and not more than twice within Australia or to/from/within New Zealand during the same financial year (s21(6)). The Act treats the class of travel as irrelevant for counting (s21(7)). Administrators must track spouse travel occurrences during the financial year; otherwise they risk authorising reimbursements that exceed the statutory limits.
Non-decrease protection
Section 24 prevents decrease of total salary and allowances payable for a financial year in any later year. That protection can create a fiscal floor and prevents back-dated reductions. It also means that if a salary is later adjusted downward via some interpretation or correction, the officer’s total for the earlier year stands. Payroll processes must avoid retroactive reductions and must be cautious when applying any retrospective corrections.
Pension offset complexities for retired/reserve judges
For reserve or retired acting judges engaged full time, payment is the equivalent to a sitting judge less any pension that the judge receives (ss5A(1), 9A(1)). For sessional engagement, Governor in Council sets a rate but that must not be less than A = B − C (ss5A(2)-(3), 9A(2)-(3)). Administrators must obtain accurate pension figures (including pensions from other jurisdictions or the Commonwealth) because the pension offset is a payment determinant. Misstating pension amounts will yield incorrect net pay.
Governor in Council discretion and minimum floors
The Governor in Council’s role in setting sessional amounts is real but subject to the statutory minimum formula. That creates a two-step compliance task: ensure the Governor in Council decision is recorded in the commission and that it complies with the A = B − C floor. Missing either step risks unlawful underpayment.
Transitional entitlements and unpublished SAT determinations
Section 34 preserves accrued entitlements under SAT determinations made under the repealed Act, but declares that any SAT determination made but not gazetted before commencement has no effect and must not be gazetted or tabled (s34(3)). That can produce disputes where claimants assert a non-gazetted determination existed in their favour. The Act forecloses utility of unpublished determinations and may require claimants to demonstrate accrual independently.
Notice channels differ for some offices
A written notice of election for conversion under ss18-19 must be given to the chief executive, except for presidential members under the Industrial Relations Act 2016 for whom a different departmental chief executive is the recipient (s29). Using the wrong recipient could delay or fail an election.
Index substitution risk
Expense-of-office indexing relies on the Brisbane CPI. If the Brisbane CPI is discontinued or substantially varied, the Australian Statistician nominates an alternative index (s30). There is scope for confusion during index substitution; agencies must document which index is being used following any change and adjust calculations accordingly.
Absence of penalty clauses for misuse
The Act does not create express penalties for false claims. Enforcement is therefore largely administrative, and agencies must rely on public sector disciplinary frameworks and fraud control measures to address misuse. The absence of statutory penal provisions may complicate deterrence or recovery unless internal rules are robust.
In short, the main practical gotchas are the need to consult schedule 2 for definitions, the interaction with Commonwealth determinations and timing (s25), seven-year retrospective limits for certain allowances (ss17(3), 19(3)), asymmetric conversion rules, spouse travel frequency caps (s21(6)), pension offset calculations (ss5A, 9A), and ensuring proper administrative routing and acquittal of estimated expenses. System design must accommodate these statutory constraints to avoid mispayment or contested claims.
How to comply
Operational checklist for agencies and payroll teams
Confirm definitions in schedule 2: Before any calculation, obtain the consolidated Act including schedule 2 and confirm the definition of "benchmark amount" and any other defined terms used across Parts 2 and 3 (s4). The benchmark drives many salary calculations (ss6-15).
Reconcile Federal Court salary inputs: For Supreme Court judges treated as equal to Federal Court judge pay (s5), subscribe to Federal Remuneration Tribunal publications and track Remuneration Tribunal determinations and Commonwealth parliamentary disallowance windows, because s25 ties state adjustments to those federal processes. Build a process to calculate deferred effective dates and to compute arrears where deferral applies (s25(2)-(3)).
Implement percentage calculations and CPI indexing: Program payroll to calculate salaries as specified percentages of the benchmark for each class of office (ss6-15). For the expense-of-office allowance indexation, use the Consumer Price Index (All Groups) Brisbane as published by the Australian Statistician, or a nominated replacement index if the Australian Statistician substitutes one (ss21(3), 30). Where increases are worked out after the start of the financial year, backdate payments to the start of the year per ss20(4) and 21(4).
Apply pension offsets for retired/reserve judges: For reserve or retired judges engaged full time, deduct pension amounts from the equivalent judge salary when calculating payable amounts (ss5A(1), 9A(1)). Obtain documentary evidence of pension entitlements and amounts (including Commonwealth or other State pensions) and record deductions.
For sessional appointments, validate Governor in Council determinations and commissions: If a retired judge is engaged sessionally, ensure the Governor in Council decision setting the sessional amount is recorded in the judge’s commission of appointment, and that the amount is not less than the statutory minimum A = B − C (ss5A(2)-(3), 9A(2)-(3)). Keep the commission on file as the legal source of the sessional rate.
Manage elections and notices: Create and retain forms or templates for elections under s18 (conversion of jurisprudential allowance to salary) and s19 (lump sum). Route written notices to the correct chief executive as evidence of election (s29). For presidential members under the Industrial Relations Act 2016 use the chief executive of the administering department.
Record keeping for reimbursements and estimated expenses: Maintain a system to capture vouchers for claimed expenses and to acquit estimated payments. Ensure that estimated expenses are later acquitted and that records are retained for at least the seven-year window relevant to reimbursements and lump-sum claims under ss17-19.
Enforce travel frequency caps: Track travel reimbursable under expense-of-office allowance for the judicial officer and spouse and impose statutory caps: not more than once overseas (other than to or from New Zealand) and not more than twice within Australia or to/from/within New Zealand per financial year (s21(6)). Implement approvals in advance and counting mechanisms during the financial year.
Handle non-convertible allowances correctly: Do not treat education and conference allowance or expense-of-office allowance as salary or lump sum (ss20(7), 21(9)). Only jurisprudential allowance may be converted into salary or lump sum, subject to time limits (ss18-19).
Apply pro rata rules and non-holding periods: For officers who start or stop holding office mid-financial year, calculate salary and allowances pro rata and ensure payments are not made for periods not holding office (s28). Confirm start and end dates against appointment instruments.
Gazette publication: After any adjustment to salary or allowance takes effect, ensure a gazette notice is published by the Governor in Council as required by s27. Coordinate with the relevant executive office to effect timely publication.
Appropriation and budget alignment: Recognise payments are payable out of the consolidated fund (s23). Work with finance to ensure appropriation and budget cover the expected payments, especially where CPI-indexed allowances, Federal-linked adjustments and arrears (s25(3)) may create additional liabilities.
Legacy entitlements: For entitlements accrued under the former SAT that were unpaid at commencement, preserve those entitlements in accordance with s34(1)-(2). Do not attempt to rely on SAT determinations that were made but not gazetted prior to commencement; s34(3) declares such determinations have no effect.
Audit and internal controls: Because the Act relies on voucher, acquittal and administrative controls rather than statutory penal provisions, ensure audit trails, internal approvals and fraud control processes are robust. Regularly review compliance with the travel caps, conversion elections, pension offsets and indexing rules.
Policy and governance: Prepare guidance for judicial officers describing their options for converting jurisprudential allowance (s18), electing lump-sum payments (s19), the seven-year retrospective limitation (ss17(3), 19(3)), and the non-convertibility of certain allowances (ss20(7), 21(9)). Provide contact points for submission of notices under s29 and for queries about pension offsets.
Practical templates and document flow
Election template: A written form identifying the judicial officer, the financial year, the amount of jurisprudential allowance to be converted to salary or lump sum, and signature, to be sent to the appropriate chief executive (s29).
Voucher and acquittal pack: A standardised pack for claiming expense reimbursement, listing allowable items under s21(5), including fields for spouse travel justification and counting of travel occurrences.
Pension confirmation form: A form to collect pension documentation demonstrating pension amounts for pension offsets under ss5A and 9A.
Systems and IT
Payroll system must support: percentage-based calculations; CPI indexing sourced from a controlled CPI feed (Brisbane All Groups or nominated replacement); backdating of adjustments; pro rata calculations for mid-year starts and stops; calculation of arrears where a Federal-linked adjustment is deferred and later applied (s25).
Document management must support retention and audit of vouchers and acquittals, and storage of gazette notices and Governor in Council decisions.
Training and communication
Train finance and court administrative staff on the Act’s peculiarities: the difference between convertibility of jurisprudential allowance and non-convertibility of other allowances, the seven-year rule, spouse travel caps and the pension offset formula. Provide judicial officers with guidance and reminders concerning time limits for retrospective claims.
Regulatory and executive liaison
Maintain contact with the Governor in Council’s office for sessional rate commissions and gazettal, and with the Australian Statistician for index substitution notifications under s30. Track Commonwealth Remuneration Tribunal announcements and parliamentary sittings for disallowance windows that affect s25 timing.
By following the above operational checklist, agencies can align payroll, accounting, governance and officer communications with the statutory obligations and rights set out in the Judicial Remuneration Act 2007.
Part pt.2Salaries generally and jurisprudential allowances for particular judicial officers
(b) ensures Queensland continues to attract and retain judicial officers of the highest quality; and
(c) is generally consistent with other Australian jurisdictions.
sec.4 Definitions
sec.4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2 Salaries generally and jurisprudential allowances for particular judicial officers
Salaries generally and jurisprudential allowances for particular judicial officers
sec.5 Supreme Court judge other than Chief Justice or President of the Court of Appeal
sec.5 Supreme Court judge other than Chief Justice or President of the Court of Appeal
A 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.
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.
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.
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) .
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) .
s 5A ins 2013 No. 35 s 91
amd 2024 No. 47 s 64B
(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.
(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.
(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) .
(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) .
sec.6 Chief Justice
sec.6 Chief Justice
The 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.
sec.7 President of the Court of Appeal
sec.7 President of the Court of Appeal
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 97.5% of the amount the Chief Justice is entitled, under section 6 , to be paid for the financial year.
sec.8 Chief Judge
sec.8 Chief Judge
The 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.
sec.9 District Court judge other than the Chief Judge
sec.9 District Court judge other than the Chief Judge
A 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.
s 9 amd 2013 No. 35 s 92 ; 2024 No. 47 s 64C
sec.9A Reserve District Court judge or retired acting District Court judge
sec.9A Reserve District Court judge or retired acting District Court judge
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.
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.
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.
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) .
s 9A ins 2013 No. 35 s 93
amd 2024 No. 47 s 64D
(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.
(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.
(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.
(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) .
sec.10 President of the Land Court
sec.10 President of the Land Court
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 100% of the benchmark amount for the financial year.
sec.11 Member of the Land Court other than the President of the Land Court
sec.11 Member of the Land Court other than the President of the Land Court
A 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.
sec.12 Presidential members under the Industrial Relations Act 2016
sec.12 Presidential members under the Industrial Relations Act 2016
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.
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.
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.
s 12 amd 2013 No. 29 s 59ZD ; 2016 No. 63 s 1157 sch 6
(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.
(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.
(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.
(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;
(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.
sec.13 Industrial Commissioner
sec.13 Industrial Commissioner
An 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.
s 13 amd 2013 No. 29 s 59ZE
sec.14 Chief Magistrate and Deputy Chief Magistrate
sec.14 Chief Magistrate and Deputy Chief Magistrate
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.
Subsection (1) does not apply to the Chief Magistrate if he or she is a District Court judge.
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 Magistrat
This is an opening excerpt, not the complete document.