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Judicial Remuneration Tribunal (Amendment)
Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purpose of the Bill which is to amend the Judicial
Remuneration Tribunal Act 1995 to provide for matters
relating to the membership of the Judicial Remuneration Tribunal
(the Tribunal) and the functions and procedures of the Tribunal.
Clause 2 provides that the Act will commence on a day or days to be
proclaimed or on 1 January 2002 if not proclaimed earlier.
Clause 3 states that in the Bill the Judicial Remuneration Tribunal Act
1995 is called the Principal Act.
Clause 4 inserts the following new definitions into section 3 of the
Principal Act: "advisory opinion", "determination", "holder of an
office" and "recommendation".
Clause 5 amends section 4 of the Principal Act to exclude current and
former judicial officers from membership of the Tribunal.
Clause 5 also excludes public servants from membership of the
Tribunal, except the Commissioner for Public Employment.
Clause 6 substitutes a new section 11 and inserts a new section 11A into
the Principal Act. The new section 11 provides that the Tribunal
has the functions of making determinations in relation the
salaries and allowances of judicial officers, and
recommendations in relations to other conditions of services,
such as leave entitlements.
The new section 11A allows the Attorney-General or other
relevant Minister to refer to the Tribunal any matter relating to
the salaries, allowances or conditions of service of judicial
officers for an advisory opinion.
Clause 7 inserts a new subsection (1A) into section 12 of the Principal
Act. The new subsection sets out factors which the Tribunal
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must consider in making a determination or recommendation or
giving an advisory opinion.
Clause 8 substitutes a new section 13 in the Principal Act. The new
section 13 provides for the Tribunal to report to the Attorney-
General or other Minister at intervals of not less than one year
and not more than 2 years. The new section also requires the
Tribunal's report to be published in the Government Gazette
within 21 days of receipt by the Attorney-General or other
Minister.
Clause 9 substitutes a new section 14 and inserts a new section 14A into
the Principal Act. The new section 14 requires the Attorney-
General or other Minister to table a report from the Tribunal
within 10 sitting days of Parliament after the report is received.
The Attorney-General or other Minister must table a statement of
any intended variations of recommendations or non-acceptance
of recommendations contained in Tribunal reports within a
further 10 sitting days of Parliament.
The new section 14A provides that determinations of the
Tribunal may be disallowed by a resolution of a House of
Parliament within 15 sitting days after the report is tabled.
The Attorney-General or other Minister must give effect to
Tribunal determinations unless they are disallowed by
Parliament.
Clause 10 substitutes a new sub-section (1) into section 15 of the Principal
Act. The new section 15(1) requires the Attorney-General or
other Minister to issue certificates authorising the adjustment of
conditions of service of judicial officers following receipt of a
Tribunal report relating to recommendations or the adjustment of
salaries and allowances in respect of a report containing an
advisory opinion.
Clause 11 inserts a new section 16 into the Principal Act which provides
that a determination of the Tribunal takes effect in accordance
with the terms of the determination at the end of 15 sitting days
from the date of tabling of a Tribunal report in Parliament, unless
Parliament disallows the determination.
Clause 12 contains consequential amendments to other Acts.
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