Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

No. 104, 1984

Compilation No.   5

Compilation date: 1 September 2021

Includes amendments up to: Act No. 13, 2021

Registered: 29 October 2021

About this compilation

This compilation

This is a compilation of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 1

2 Commencement 1

2A Act subject to Remuneration Tribunal Act 1

3 Salaries 1

4 Travelling allowances payable to Justices of the High Court 3

5 Additional allowance payable to certain Justices of the High Court 5

6 Travelling allowances payable to holders of certain offices 6

6A Travelling allowances payable to members of the Inter-State Commission 9

7 Allowance payable to Solicitor-General 10

8 Remuneration of office-holder who is appointed to another office 11

9 Repeal and saving 12

Schedule 13

Endnotes 14

Endnote 1—About the endnotes 14

Endnote 2—Abbreviation key 16

Endnote 3—Legislation history 17

Endnote 4—Amendment history 19

Endnote 5—Editorial changes 20

An Act relating to the remuneration and allowances payable to the holders of certain judicial and statutory offices
1 Short title

This Act may be cited as the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984.
2 Commencement

This Act shall be deemed to have come into operation on 1 July 1984.
2A Act subject to Remuneration Tribunal Act

This Act has effect subject to the Remuneration Tribunal Act 1973.
3 Salaries 1

Subject to subsection (2), the rate per year of the salary of an office specified in the Schedule is the rate specified in the Schedule in relation to that office.

 2

When an office of Judge of the Federal Court of Australia (other than the office of Chief Justice) is held by a person who also holds an office to which this subsection applies, the rate per year of the salary of that office of Judge is $125,023 per year.

 2A

Subsection (2) applies to the following offices:

 a

Chief Justice of the Supreme Court of ;

 b

President of the Administrative Appeals Tribunal;

 c

Commissioner;

 d

President of the Trade Practices Tribunal.

 3

Subject to subsection (4) a person being a Judge of the Federal Court of Australia who holds office by virtue of an appointment that took effect while the person was a Judge (including the Chief Judge) of any other court or courts created by the Parliament or while the person was a member of the Inter-State Commission shall, while the person continues to hold office both as a Judge of the Federal Court of Australia and as a Judge (including the Chief Judge) of that other court or of any of those other courts, or as a member of the Inter-State Commission, as the case may be, be remunerated with the salary, or salary and expenses of office allowance, to which the person is from time to time entitled as a Judge of the other court or courts or as a member of the Inter-State Commission, as the case may be, and, if the person continues to be a Judge of the Federal Court of Australia after the person no longer holds any other office referred to in this subsection, other than an office as an additional Judge of the Supreme Court of a Territory or as a Judge of the Supreme Court of an external Territory, the person shall receive such salary as is applicable to the office held by the person as a Judge of the Federal Court of Australia.

 4

In the case of a person who is a Judge of the Federal Court of Australia to whom subsection (3) applies, if the salary to which the person would be entitled as a Judge of that Court if that subsection were not applicable exceeds the salary, or salary and expenses of office allowance, as the case may be, by which the person is remunerated in accordance with that subsection, the person shall receive, in respect of the person’s office as a Judge of that Court, an additional amount by way of salary equal to the excess.

 7

(7) Subsection (1) does not apply in respect of the office of Chairperson of the Commonwealth Grants Commission unless subsection 8(6A) of the Commonwealth Grants Commission Act 1973 applies to the holder of the office.

 8

A member of the Inter-State Commission other than the President of that Commission:

 a

shall be paid salary at the rate from time to time payable to the holder of an office in the Senior Executive Service of the Australian Public Service that has a classification of Senior Executive Level 6; and

 b

shall be paid an expenses of office allowance at the rate of $2,627 per year.
4 Travelling allowances payable to Justices of the High Court 1

(1) In this section, judicial office to which this section applies means the office of Chief Justice of the High Court or an office of Justice of the High Court.

 2

For the purposes of this section:

 a

the shall be deemed to constitute a single locality;

 b

each capital city of a State shall be deemed to constitute a single locality; and

 c

each other city or town shall be deemed to constitute a single locality.

 3

There is payable to a person who holds a judicial office to which this section applies an allowance ascertained in accordance with subsections (4) and (4A) in respect of the person’s expenses of travel within Australia and the external Territories:

 a

if the sole or principal place of residence of the person is at a place in the Australian Capital Territory, in connection with the performance of the person’s duties otherwise than in the Australian Capital Territory; or

 b

in any other case, in connection with the performance of the person’s duties otherwise than in:

 i

the ; and

 ii

the locality in which the person’s sole or principal place of residence is situated.

 4

The allowance in respect of the expenses of travel payable under subsection (3) to a person who holds a judicial office to which this section applies is:

 a

if the travel involves an absence from the person’s sole or principal place of residence and from the that includes an overnight stay or overnight stays:

 i

if subparagraphs (ii) and (iii) do not apply:

(A) for an overnight stay in a capital city—$250; or

(B) for any other overnight stay—$130;

 ii

(ii) if the number of hours of the absence is not less than the number ascertained in accordance with the formula , where A is the number of overnight stays included in the absence—the sum of the amount that would be ascertained under subparagraph (i) if that subparagraph were applicable and $30; or

 iii

if the cost of accommodation and meals of the person in respect of an overnight stay is borne by the Commonwealth—$30 for the overnight stay; or

 b

if the travel involves an absence from the person’s sole or principal place of residence and from the Australian Capital Territory of not less than 10 hours but does not include an overnight stay—$30.

 4A

Where:

 a

a person who holds a judicial office to which this section applies travels within Australia and the external Territories in circumstances that involve an overnight stay in respect of which an allowance is payable under the preceding provisions of this section;

 b

the spouse of the person accompanies the person during that overnight stay; and

 c

the cost of the travel of the spouse is borne by the Commonwealth;

the allowance otherwise payable to the person for the overnight stay is increased by:

 d

in a case to which paragraph (e) does not apply—$10; or

 e

if the person establishes that the cost of accommodation (excluding the cost of meals) of the person and the spouse in respect of the overnight stay exceeded the amount that would have been the cost of accommodation (excluding the cost of meals) of the person alone in respect of the overnight stay at the same hotel, motel or other accommodation establishment and at the same standard of accommodation—the amount of the excess.

 4B

(4B) For the purposes of subsection (4A), spouse includes a de facto partner of a person within the meaning of the Acts Interpretation Act 1901.

 5

There is payable to a person who holds a judicial office to which this section applies, in respect of travel outside Australia and the external Territories in connection with the performance of the person’s duties, an allowance by way of reimbursement of the reasonable expenses of that travel.
5 Additional allowance payable to certain Justices of the High Court 1

There is payable to a person:

 a

who holds a judicial office to which this section applies; and

 b

whose sole or principal place of residence was at the time when the person’s appointment, or first appointment, as the case may be, to any such judicial office took effect, and has at all subsequent times been, at a place outside, but not in a part of New South Wales that is adjacent to or in the vicinity of, the Australian Capital Territory;

an allowance, on account of expenses that will be incurred by the person by reason that the person’s sole or principal place of residence is at a place outside, and not in a part of New South Wales that is adjacent to or in the vicinity of, the Australian Capital Territory, at the rate of $15,118 per year.

 2

(2) In this section, judicial office to which this section applies means the office of Chief Justice of the High Court or an office of Justice of the High Court.
6 Travelling allowances payable to holders of certain offices 1

In this section:

headquarters, in relation to a person who holds an office to which this section applies, means:

 a

if that office is an office of Chief Justice, Chief Judge, Senior Judge or Judge of a Court and the sole or principal place of residence of the person is situated in a locality in which there is a registry of that Court—that locality; or

 aa

if that office is an office of President or Deputy President of the Australian Industrial Relations Commission, and the sole or principal place of residence of the person is situated in a locality in which there is a registry of the Australian Industrial Registry—that locality; or

 b

in a case to which paragraph (a) or (aa) does not apply—the locality where the person ordinarily performs the duties of that office.

office to which this section applies means:

 a

an office specified in column 1 of Part 2 of the Schedule (other than the office of President of the Inter-State Commission); or

 b

President or Deputy President of the Australian Industrial Relations Commission.

 2

For the purposes of this section:

 a

the shall be deemed to constitute a single locality;

 b

each capital city of a State shall be deemed to constitute a single locality; and

 c

each other city or town shall be deemed to constitute a single locality.

 3

There is payable to a person who holds an office to which this section applies an allowance ascertained in accordance with subsections (4) and (4A) in respect of the person’s expenses of travel within Australia and the external Territories in connection with the performance of the person’s duties (including duties of any other office held by the person) other than the office of President of the Inter-State Commission otherwise than at:

 a

the person’s headquarters; and

 b

the locality in which the person’s sole or principal place of residence is situated.

 4

The allowance in respect of the expenses of travel payable under subsection (3) to a person who holds an office to which this section applies is:

 a

if the travel involves an absence from the person’s sole or principal place of residence and from the person’s headquarters that includes an overnight stay or overnight stays:

 i

if subparagraphs (ii) and (iii) do not apply:

(A) for an overnight stay in a captial city—$235; or

(B) for any other overnight stay—$125; or

 ii

(ii) if the number of hours of the absence is not less than the number ascertained in accordance with the formula , where A is the number of overnight stays included in the absence—the sum of the amount that would be ascertained under subparagraph (i) if that subparagraph were applicable and $30; or

 iii

if the cost of accommodation and meals of the person in respect of an overnight stay is borne by the Commonwealth—$30 for the overnight stay; or

 b

if the travel involves an absence from the person’s sole or principal place of residence and from the person’s headquarters of not less than 10 hours but does not include an overnight stay—$30.

 4A

Where:

 a

a person who holds an office to which this section applies travels within Australia and the external Territories in circumstances that involve an overnight stay in respect of which an allowance is payable under the preceding provisions of this section;

 b

the spouse of the person accompanies the person during that overnight stay; and

 c

the cost of the travel of the spouse is borne by the Commonwealth;

the allowance otherwise payable to the person for the overnight stay is increased by:

 d

in a case to which paragraph (e) does not apply—$10; or

 e

if the person establishes that the cost of accommodation (excluding the cost of meals) of the person and the spouse in respect of the overnight stay exceeded the amount that would have been the cost of accommodation (excluding the cost of meals) of the person alone in respect of the overnight stay at the same hotel, motel or other accommodation establishment and at the same standard of accommodation—the amount of the excess.

 4B

(4B) For the purposes of subsection (4A), spouse includes a de facto partner of a person within the meaning of the Acts Interpretation Act 1901.

 5

(5) There is payable to a person who holds an office to which this section applies, in respect of the person’s expenses of travel outside Australia and the external Territories in connection with the performance of the person’s duties (including duties of any other office held by the person) other than the office of President of the Inter-State Commission the same allowance as would be applicable to the holders of offices referred to in paragraph (a) of the definition of office of Secretary in subsection 7(1) of the Public Service Act 1922 in respect of the expenses of similar travel in the performance of their duties.

 6

Where a person who holds 2 or more offices to which this section applies travels in connection with the performance of the person’s duties as the holder of any one or more of those offices, nothing in this Act or in any other Act entitles the person to be paid in respect of the expenses of that travel an amount exceeding the amount that the person would be entitled to be paid if the person held only the office, or one of the offices, to the duties of which the travel relates.

 7

(7) Notwithstanding subsection (1), the office of Chairperson of the Commonwealth Grants Commission shall not be taken to be an office to which this section applies unless subsection 8(6A) of the Commonwealth Grants Commission Act 1973 applies to the holder of the office.
6A Travelling allowances payable to members of the Inter-State Commission 1

There is payable to a member of the Inter-State Commission, in respect of the member’s expenses of travel in the course of the performance of the member’s duties, an allowance at the rates ascertained in accordance with this section.

 2

In respect of travel within and the external Territories, where the member is absent overnight from the member’s ordinary place of residence, the rates of the allowance are:

 a

in respect of the President:

 i

for each overnight stay in —$115;

 ii

for each overnight stay in any other capital city—$235; or

 iii

for any other overnight stay—$125; or

 b

in respect of a member other than the President:

 i

for each overnight stay in —$115;

 ii

for each overnight stay in any other capital city—$136; or

 iii

for any other overnight stay—$105.

 3

In respect of travel outside and the external Territories, the rates of the allowance are:

 a

(a) in respect of the President—the same rates as would be applicable to the holders of offices referred to in paragraph (a) of the definition of office of Secretary in subsection 7(1) of the Public Service Act 1922 in respect of the expenses of similar travel in the performance of their duties; or

 b

in respect of a member other than the President—the same rates as would be applicable to the holders of offices in the Senior Executive Service of the Australian Public Service in respect of the expenses of similar travel in the performance of their duties.

 4

(4) This section has effect notwithstanding subsection 19(2) of the Inter-State Commission Act 1975.
7 Allowance payable to Solicitor-General 1

There is payable to a person:

 a

who holds the office of Solicitor-General of the Commonwealth;

 b

whose principal place of residence was, at the time when the person’s appointment, or first appointment, as the case may be, to that office took effect, at a place outside, but not in a part of New South Wales that is adjacent to or in the vicinity of, the Australian Capital Territory; and

 c

whose headquarters for the purposes of payment of travelling allowance are in the Australian Capital Territory and who, in accordance with a requirement made upon the appointment of the person to that office, has established the person’s principal place of residence in the Australian Capital Territory or in a part of New South Wales that is adjacent to or in the vicinity of the Australian Capital Territory;

an allowance at such rate as is determined by the Remuneration Tribunal for the period in which the person maintains the principal place of residence established as mentioned in paragraph (c).

 2

An allowance payable by virtue of subsection (1) shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
8 Remuneration of office-holder who is appointed to another office 1

Where a person appointed to hold a statutory office in a full-time capacity was, immediately before the appointment, the holder in a full-time capacity of another statutory office or an officer (including an unattached officer) of the Australian Public Service or an officer in the service of a body corporate established for a public purpose by or under an Act, the person shall, if the regulations so provide, be paid, during the period of the appointment (including any period of re-appointment) to the first-mentioned statutory office, in lieu of the remuneration and expenses of office allowance (if any) payable in respect of that office, remuneration at such rate and an expenses of office allowance at such rate (if any) as are specified in, or ascertained in accordance with, the regulations.

 2

Where a regulation made for the purposes of subsection (1) provides for the payment to the holder of a statutory office in respect of that office:

 a

of remuneration at a rate specified in, or ascertainable in accordance with, the regulation; or

 b

of remuneration at a rate, and an expenses of office allowance at a rate, specified in or ascertainable in accordance with, the regulation;

the regulation has effect only if, and so long as:

 c

in a case to which paragraph (a) applies, the rate of remuneration payable in accordance with the regulation exceeds:

 i

if remuneration, but no expenses of office allowance, would, but for this section, be payable in respect of the office—the rate of that remuneration; or

 ii

if both remuneration and an expenses of office allowance would, but for this section, be payable in respect of the office—the sum of the rate of that remuneration and the rate of that expenses of office allowance; and

 d

in a case to which paragraph (b) applies, the sum of the rate of remuneration and the rate of expenses of office allowance payable in accordance with the regulation exceeds:

 i

if remuneration, but no expenses of office allowance, would, but for this section, be payable in respect of the office—the rate of that remuneration; or

 ii

if both remuneration and an expenses of office allowance would, but for this section, be payable in respect of the office—the sum of the rate of that remuneration and the rate of that expenses of office allowance.

 3

The Governor-General may make regulations prescribing all matters permitted to be prescribed by this section.
9 Repeal and saving 1

(1) Sections 13, 13A, 13B, 13C and 17 of, and the Schedule to, the Remuneration and Allowances Act 1973 are repealed.

 2

(2) Any regulations under Remuneration and Allowances Act 1973 that were in force immediately before the commencement of this Act continue in force as if made under section 8 of this Act.section 17 of the

Schedule

Subsection 3(1)
Column 1 Column 2 Rate per year of salary
$
PART 1 PART 1
Chief Justice of the High Court 160,852
Justice (other than Chief Justice) of the High Court 146,218
PART 2 PART 2
Chief Justice of the Federal Court of 135,650
Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) 135,650
Chief Justice of the Supreme Court of the 128,331
Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) 127,542
Judge (other than Chief Justice) of the Federal Court of 124,277
Senior Judge of the Federal Circuit and Family Court of Australia (Division 1) 124,277
Any other Judge of the Federal Circuit and Family Court of Australia (Division 1) 124,277
Judge (other than Chief Justice) of the Supreme Court of the 124,277
Chairman of the Commonwealth Grants Commission 125,023
President of the Inter-State Commission 124,277
Master of the Supreme Court of the 91,206

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 104, 1984 1 July 1984
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 65, 1985 5 June 1985 s 3: 3 July 1985 (s 2(1)) —
Judicial and Statutory Officers (Remuneration and Allowances) Amendment Act 1985 199, 1985 1 July 1985 —
Remuneration and Allowances Alteration Act 1986 105, 1986 Parts II and III (ss. 3–13) and s. 14: 1 July 1986 Remainder: Royal Assent —
Industrial Relations (Consequential Provisions) Act 1988 87, 1988 ss. 1 and 2: Remainder: (see s. 2(2) and Gazette 1989, No. S53) —
Judicial and Statutory Officers (Remuneration and Allowances) Amendment Act 1988 96, 1988 —
Judicial and Statutory Officers Remuneration Legislation Amendment Act 1989 152, 1989 ss. 3, 5(1)–(3), (5) and 6–10: s. 5(4): 25 May 1988 Remainder: Royal Assent s. 5(2), (3) and (5)
Statute Law Revision Act 2008 73, 2008 3 July 2008 Schedule 4 (items 376, 377): 4 July 2008 —
Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 144, 2008 Schedule 5 (item 10): —
Courts Administration Legislation Amendment Act 2016 24, 2016 18 Mar 2016 Sch 5 (item 10): 1 July 2016 (s 2(1) item 7) Sch 6: 18 Mar 2016 (s 2(1) item 9) Sch 6
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 13, 2021 1 Mar 2021 Sch 2 (items 491–496): 1 Sept 2021 (s 2(1) item 5) —

Endnote 4—Amendment history
Provision affected How affected
s. 2A ad. No. 152, 1989
s. 3 am. Nos. 65 and 199, 1985; No. 105, 1986; Nos. 87 and 96, 1988; No. 152, 1989; No. 73, 2008
s. 4 am. No. 199, 1985; No. 105, 1986; No. 96, 1988; No. 152, 1989; No. 144, 2008
s. 5 am. No. 199, 1985; No. 105, 1986; No. 96, 1988; No. 152, 1989
s. 6 am. Nos. 65 and 199, 1985; No. 105, 1986; Nos. 87 and 96, 1988; No. 152, 1989; No. 73, 2008; No. 144, 2008
s. 6A ad. No. 199, 1985
am. No. 105, 1986; No. 96, 1988; No. 152, 1989
s. 7 am. No. 199, 1985; No. 105, 1986
Schedule rs No 199, 1985; No 105, 1986; No 96, 1988; No 152, 1989
am No 24, 2016; No 13, 2021
ed C5

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Part 2 of the Schedule (cell at table item dealing with Senior Judge of the Family Court of Australia , column 1 )

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 2 item 494 of the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 provides as follows:

494 Part 2 of the Schedule (cell at table item dealing with Senior Judge of the Family Court of Australia)

Repeal the cell, substitute:
Senior Judge of the Federal Circuit and Family Court of Australia (Division 1) ………………………………………………………..

The instruction is missing the reference to column 1 of the table.

This compilation was editorially changed to apply the amendment to column 1 of the table in Part 2 of the Schedule and give effect to the misdescribed amendment as intended.