Judicial Remuneration Act 2007 (Qld)

Judicial Remuneration Act 2007

An Act to provide for salaries and allowances payable to judges and other particular office holders, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Judicial Remuneration Act 2007.

2 Commencement (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. (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.

3 Main purpose The main purpose of this Act is to provide for salaries and allowances for judicial officers in a way that— (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.

4 Definitions The dictionary in schedule 2 defines particular words used in this Act.

Part 2 Salaries generally and jurisprudential allowances for particular judicial officers

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.

5A Reserve Supreme Court judge or retired acting Supreme Court judge (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. (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. (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. Note— 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). (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).