2002 Judges, Magistrates and Related Group Report

1.

Section 13 of the Statutory and Other Offices Remuneration Act 1975 (the Act), as amended, requires the Statutory and other Offices Remuneration Tribunal (the Tribunal), each year, to make a determination of the remuneration to be paid to these office holders on and from 1 October in that year. "Remuneration" is defined as salary or allowances paid in money.

2.

The Judges Magistrates and Related Group comprises such officers who are listed in the Schedules of the Act and, in addition are defined as judicial officers (within the meaning of the Judicial Officers Act 1986) or offices which the Government considers should belong to that Group. The offices have been grouped together by the Tribunal for remuneration purposes only.

3.

Since the last review, however, the Tribunal has undertaken extensive reviews of specific office holders who work directly within the judicial system. The office holders concerned were, the Deputy Directors of Public Prosecutions, Crown Prosecutors, Public Defenders, Commissioners Land and Environment Court, Commissioners, Industrial Relations Commission and the Commissioners, Compensation Court.

4.

These reviews revealed that increases in work value had occurred and as a result the Tribunal determined a new level of remuneration for the office holders concerned. The Tribunal also concluded that as a result of this review the remuneration for these office holders should be set in relationship with judicial remuneration levels. For remuneration purposes, therefore, these office holders, have been removed from the Public Office Holder Group and are now listed with the Judges Magistrates and Related Group.

5.

In December 2001 the Parliament passed the Statutory and Other Offices Remuneration Amendment Act 2001. This Act amended Section 13 by removing the requirement for the Tribunal to make its annual determinations by 31 August. Section 13 now provides;

"The Tribunal shall, in each year, make a determination of the remuneration to be paid to office holders as on and from 1 October in that year."

6.

The Act was also amended to provide the Tribunal with the power to determine travel and subsistence allowance for a "Judge or Acting Judge of a Court. "

7.

On 6 September 2002 the Tribunal issued a Statement advising that the annual determination for the Judges, Magistrates and Related Group would be delayed pending the completion of the Federal Tribunal's review of judicial remuneration. The reason for the delay concerns the longstanding Agreement between Federal and State Governments on the relativities between the remuneration of State Supreme Court Judges and Federal Court Judges with the remuneration of a Justice of the High Court. This was explained in the Tribunal's 2000 Report and is restated here for clarification purposes

""…At the Premier's Conference on 28 June 1990 the Prime Minister and Premiers discussed the salaries of Commonwealth and State Judges and agreed that the question of "leap-frogging" in judicial salaries should be jointly addressed. Arising from this the Chairman of the Commonwealth Remuneration Tribunal met with the Chairmen of the State and Territory Remuneration Tribunals on 23 August 1990, 7 February and 5 July 1991.

In these meetings consensus was reached on the following matters: that the Remuneration Tribunals should continue to consult on an informal basis before making decisions on judicial salaries; that salary reviews should take place at or about the same time each year; and that there was a need to avoid the appearance of "leap-frogging". Further, that historical and other material suggested that the salary of a Judge of the Federal Court and a Judge of the State Supreme Court should not exceed 85 per cent of the salary of a Justice of the High Court of Australia. This relativity however, was acceptable only if and whilst the remuneration of a Justice of the High Court of Australia remained at an acceptable level, and that the Remuneration Tribunals should have regard to the base salary plus non financial benefits (such as motor vehicles) when determining judicial remuneration."

8.

Since that time the New South Wales Tribunal has maintained the remuneration of a State Supreme Court Judge at approximately 85% of the remuneration of a Justice of the High Court. In addition it has determined an additional amount of $13,400 to be added to the salary of a Supreme Court Judge to meet motor vehicle costs.

9.

On 27 November 2002 the Federal Tribunal made its determination on judicial remuneration providing for increases of a total of 17 per cent over the period 1 July 2002 to 30 June 2004, i.e., 24 months, as follows:

10.

It further determined that these increases are over and above any general increases that it determines as part of its normal annual reviews for the years 2003 and 2004. Federal Treasury has forecast wage increases of 3½ percent for each of these years. Therefore the total increase over the two years may exceed 24 per cent. The Federal Tribunal has also determined the reimbursement of private vehicle running costs incurred by Federal Judges up to $8,000 pa.

11.

In meetings with the Federal Tribunal this Tribunal, while supporting the retention of the 85% nexus, nevertheless emphasised that significant increases to the Federal Judiciary could have serious flow on effects to State Judges and it advised that a moderate approach should be taken.

12.

The Tribunal notes that the Federal Government's submission to the Tribunal argued against a large increase for Federal Judges in part because:

"Once judges in one jurisdiction had received a salary increase, the new rate would be seen as a benchmark for judges in other jurisdictions. The Government would not support a significant increase in federal judicial salaries as this would destroy existing relativities with the remuneration payable to judges of State and Territory Supreme Courts."

13.

The Tribunal has maintained the 85% nexus but only after due consideration of other factors that must be taken into account. In particular, economic factors and the changes in salary movements for chief executives and public office holders in New South Wales. It has not accepted the automatic flow on of Federal Tribunal decisions.

14.

The Federal Tribunal Report results from a major and extensive review. It has set down guiding principles, it has stated a number of conclusions on important issues such as the market, performance pay, superannuation surcharge, salary sacrifice, pension arrangements. It has also set down key elements to be considered in determining adequate remuneration to ensure the basic independence of the Judiciary. The conclusions of this review will have a significant impact on Judicial remuneration throughout Australia and will require close examination.

15.

This Tribunal will examine carefully the Federal Report and particularly the reasons behind the size of the increases and their applicability to New South Wales. It will consult with inter-State Remuneration Tribunals. Therefore submissions will be sought from the New South Wales Judiciary and other affected parties in relation to these matters. Because of Law vacations these submissions will not be required until 25th February, 2003.

16.

The Federal Tribunal determination has not yet been tabled in the Federal Parliament where it will be subject to disallowance by either House of Parliament. It does not become operative until after the disallowance days have expired and because of the sitting pattern of the Federal Parliament this could be in March 2003 at the earliest.

17.

Because of these factors the Tribunal will not be making its final annual determination on judges' remuneration until it has conducted its review of judicial remuneration in NSW and until the Federal Determination becomes operational. Because of this delay the Tribunal has decided to make an interim determination of 5 per cent effective from 1st October 2002.

18.

The Tribunal also notes that future Federal Tribunal's determinations are to take effect from 1 July each year. Unlike the Federal legislation, the NSW Act provides that annual determinations take effect on and from 1 October each year. This interval will allow for due consideration for New South Wales to bring down its determination by 31st August each year and to be operative from 1st October.

19.

The Tribunal pursuant to Section 14 of the Statutory and Other Offices Remuneration Act made special determinations operative on and from 2nd April 2002 for the following positions:

Commissioners, Land and Environment Court
Commissioners, Industrial Relations Commission
Commissioners, Compensation Court
Deputy Directors, Public Prosecutions
Crown Prosecutors
Public Defenders

20.

This determination established a fixed percentage relationship with the remuneration of those occupying higher offices within each of the above categories. In view of the significant increases determined by the Federal Tribunal it will now be necessary to review whether those percentages continue to be appropriate. Therefore, submissions will be invited from these groups, again closing on 25th February 2003.

21.

The Tribunal determines that the base rate of remuneration for a Supreme Court Judge should be increased on and from 1 October 2002 by 5 percent. The salary of a Judge of the Supreme Court will increase from $220,840 to $231,880 per annum. The Tribunal also determines an additional amount of $13,400 per annum to bring consistency between NSW Judges and Federal and Inter-State Judges in relation to the provision of a motor vehicle.

22.

The remuneration of the Heads of Jurisdiction of the Supreme Court, Court of Appeal and Industrial Relations Commission and all other office holders within this Group shall be proportionally increased to maintain existing relationships, as set out in the attached Determination on and from 1 October 2002.

23.

The rates for Acting Judges of the Supreme Court and the District Court shall also be as set out in the attached Determination on and from 1 October 2002.

24.

Pursuant to Section 13 of the Statutory and Other Offices Remuneration Act 1975, as amended, the Tribunal determines that the remuneration to be paid to the office holders in this Group on and from 1 October 2002 shall be as set out in Annexures A to D.

25.

The Tribunal has also made a Report and determination on Travel Allowances for NSW Judges. The Report and Determination are attached at Annexure E.

JUDGES

Salary
$ per annum

Chief Justice of the Supreme Court

274,470

President of the Court of Appeal

257,005

President of the Industrial Relations Commission

257,005

Judge of the Supreme Court

231,880*

Vice-President of the Industrial Relations Commission

231,880*

Deputy President of the Industrial Relations Commission

231,880*

Judge of the District Court

220,750

Master or acting Master (under the
Supreme Court Act 1970)

220,750

MAGISTRATES

Salary
$ per annum

Chief Magistrate

220,750

Deputy Chief Magistrate

186,535

Chairperson of Licensing Court

186,535

State Coroner

186,535

Senior Children's Magistrate

186,535

Chief Industrial Magistrate

179,690

Deputy Chairperson, Licensing Court

179,690

Magistrate

176,600

Chairperson Victims Compensation Tribunal (NOTE 1)

176,600

Children's Magistrate

176,600

Licensing Magistrate

176,600

Deputy State Coroner

176,600

RELATED GROUP

Salary
$ per annum

Chairperson, Law Reform Commission

231,880*

Solicitor-General

231,880*

Director of Public Prosecutions

231,880*

Crown Advocate

220,750

Deputy Director of Public Prosecutions

220,750

Senior Crown Prosecutor

198,675

Senior Public Defender

198,675

Deputy Senior Crown Prosecutor

178,810

Deputy Senior Public Defender

178,810

Crown Prosecutor

163,355

Public Defender

163,355

Senior Commissioner Land and Environment Court

166,790

Commissioner Land and Environment Court

161,885

Commissioner Compensation Court

166,790

Commissioner Industrial Relations Commission

161,885

Acting Judge of the Supreme Court

$1,230 per day

Acting Judge of the District Court

$1,107 per day

1.

Remuneration" is defined in the Statutory and Other Offices Remuneration Act 1975, as salary and allowances payable to office holders. Judges are holders of offices specified in Schedule 1 of the Act.

2.

“Allowance” is defined as follows

"allowance does not include a travelling or subsistence allowance, but includes a travelling or subsistence allowance for travel within Australia by the holder of an office specified in Schedule 1 who is:"

(a)	a Judge or Acting Judge of a court, or
(b)	any other judicial officer (within the meaning of the Judicial Officers Act 1986) nominated by the Minister by notice in writing to the Tribunal for the purposes of this definition.

3.

On 11 April 2002 the Tribunal made its determination on domestic travel allowances for Judges. On 2 October 2002 the Commissioner for Taxation issued a Class Ruling (CR2002/75) which provides that the travel allowance rates determined by the Tribunal were reasonable for the purpose of exemption from substantiation under the Income Tax Assessment Act 1997.

4.

The Tribunal in this determination will be setting rates for overnight stays in capital cities, for overnight stays in areas other than capital cities and meal rates for day or part of day absences from headquarters. The Tribunal has also determined the conditions upon which the rates are to be paid.

5.

The review undertaken by the Tribunal found that while NSW Judges do travel interstate, most travel was to non metropolitan NSW, particularly by Judges of the District Court. Such circuit work involves extensive travel to various centres and judges can be away, depending on the trial list and trial duration, for up to four weeks at a time.

6.

Advice from the District Court Registry is that the District Court is scheduled to sit for a minimum of 634 weeks of circuit sittings for 2002/2003 in non metropolitan NSW. The Tribunal understands that between 15-20 judges are on circuit at any given time. These statistics continue to testify to the importance of the District Court in the delivery and administration of justice in NSW.

7.

For the present review the Tribunal has examined the current NSW Award Travel Rates, the Travel Rates for the NSW Senior Executive Service and other senior public sector employees as well as current rates payable to the Federal Judiciary. The Tribunal has also undertaken a survey of commercial accommodation in non metropolitan New South Wales.

8.

The results of the survey reveal little change in the cost of accommodation in many country centres since the Tribunal's last review.

9.

In making its determinations on travel allowance rates the Tribunal has adopted a number of guiding principles as set out hereunder.

10.

The Tribunal has determined that the current capital city travel allowance rates contained in Taxation Ruling 2002/12 will also apply for NSW Judges.

11.

Non metropolitan accommodation rates and meal allowance rates have not changed from the Tribunal's previous determination.

12.

After reviewing the survey of accommodation and meal costs both inter and intra state, the Tribunal makes the following determination effective on and from 1 October 2002.

1) Capital City Rates

Adelaide

$296.15

Canberra

$296.15

Darwin

$296.15

Hobart

$296.15

Brisbane

$366.15

Melbourne

$366.15

Perth

$366.15

Sydney

$366.15

2. Newcastle and Wollongong

$292.90

3. Other areas

$246.65

Breakfast

$20.00

Lunch

$25.00

Dinner

$45.00