QueenslandJudges(SalariesandAllowances)Act1967Reprinted as in force on 3 February
2003Reprint No. 4D*This
reprint is prepared bythe Office of the Queensland
Parliamentary CounselWarning—This reprint is not an
authorised copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2007 Act No. 55 s 33(1)*Minor differences in presentation
between this reprint and another reprint with the same number are
dueto the conversion to new styles. The content
has not changed.
Information about this reprintThis
Act is reprinted as at 3 February 2003. The reprint shows the law
as amended by allamendments that commenced on or before that
day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listoflegislationandlistofannotationsinendnotes. Alsoseelistoflegislationforanyuncommenced amendments.Minor
editorial changes allowed under the provisions of the Reprints Act
1992 have alsobeen made to use aspects of format and
printing style consistent with current draftingpractice (s
35).This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
hard copy reprint is the same as the date shownon another hard
copy reprint it means that one is the replacement of the
other.
s13s2Judges (Salaries and Allowances) Act
1967Judges (Salaries and Allowances) Act
1967[as amended by all amendments that commenced
on or before 3 February 2003]AnActtoprovideforthesalariesofjudgesoftheSupremeCourt and District
Court judges, and for other purposesPart 1Preliminary1Short
titleThisActmaybecitedastheJudges(SalariesandAllowances) Act 1967.Part 2Salaries and
allowances ofSupreme Court judges2Salary and allowances of Supreme Court
judgesSubjecttotheSupremeCourtofQueenslandAct1991,therateofsalary,andtheallowancesandratesofallowances,payable to the
Chief Justice, President of the Court of Appeal,other
judges of appeal, Senior Judge Administrator and otherjudges of the Supreme Court are those
respectively fixed fromtime to time by determinations made by
the tribunal under part5.
s
34s 3AJudges (Salaries
and Allowances) Act 1967Part 3Salaries and
allowances ofDistrict Court judges3Salary and allowances of District Court
judges(1)The rate of salary, and the allowances
and rates of allowances,payable to the Chief Judge, and a
senior judge, of the DistrictCourtandotherDistrictCourtjudgesaretobefixedbydeterminations of the tribunal.(2)However,thetotaloftheannualratesofsalaryandallowancespayabletoaDistrictCourtjudgemustnotbereduced by a determination.(3)Thesalariesandallowancesarepayableoutoftheconsolidated
fund, which is appropriated accordingly.Part 3ASalaries and allowances for theindustrial court andcommission3ASalary and allowances of the
industrial court andcommission(1)The
tribunal must, by determination, fix the rate of salary, andthe
allowances and rates of allowances, payable to—(a)the
president of the Industrial Court; and(b)thevicepresident,adeputypresidentandothermembers of the
industrial commission.(2)However,thetotaloftheannualratesofsalaryandallowances payable must not be reduced by a
determination.
s
3B5Judges (Salaries and Allowances) Act
1967s5Part 3BSalaries and
allowances ofLand Court members3BSalary and allowances of Land Court
members(1)The rate of salary, and the allowances
and rates of allowances,payable to the President and the other
members of the LandCourt are to be fixed by determinations of
the tribunal.(2)However,thetotaloftheannualratesofsalaryandallowances payable to a member of the Land
Court must notbe reduced by a determination.Part
4Salaries of magistrates4Salary of magistrates etc.(1)TheratesofsalarypayabletotheChiefStipendiaryMagistrate,theSeniorStipendiaryMagistrateandotherstipendiary
magistrates are to be fixed by determinations ofthe
tribunal.(2)However,theannualrateofsalarypayabletoamagistratemust
not be reduced by a determination.(3)The
salaries are payable out of the consolidated fund, which isappropriated accordingly.Part
5Salaries and AllowancesTribunal5Establishment of tribunal(1)ForthepurposesofthisActthereshallbeestablishedandthereafterconstitutedfromtimetotimeasprescribeda
s66s7Judges (Salaries and Allowances) Act
1967tribunal to be called the Salaries and
Allowances Tribunal (thetribunal).(2)Thetribunalshallconsistof3membersappointedbytheGovernor in Council by gazette
notice.(3)A person must not be appointed or hold
office as a member ofthe tribunal if the person holds any
of the following offices—(a)a judge of the
Supreme Court;(b)a judge of the District Court;(c)a member of the Land Court;(d)an industrial commissioner;(e)a magistrate;(g)a
member of the industrial commission;(h)apresidingmemberoftheLandandResourcesTribunal.6Term of office of membersSubjecttothisAct,amemberofthetribunalshallbeappointed and hold office for a term
of 3 years and shall beeligible for reappointment as a member
of the tribunal, but inevery case,unlessthemember’sofficeissoonervacatedasprescribed, the appointment shall
continue until the member’ssuccessor is duly appointed.7Vacation of office of members(1)The office of a member of the tribunal
shall become vacant ifthe member—(a)dies;
or(b)ismadebankruptorotherwisetakesadvantageofthelaws relating to bankruptcy; or(c)becomesincapable,intheopinionoftheGovernorinCouncil, of discharging the duties of
office; or(d)resignsbywritingsignedbythememberfurnishedtothe
Minister; or
s
87s 10Judges (Salaries
and Allowances) Act 1967(f)is removed from
office by the Governor in Council.(2)The
Governor in Council may, for any cause that appears tothe
Governor in Council to be sufficient, remove a member ofthe
tribunal from office as such member.(3)Amemberofthetribunalshallbedeemedtohavevacatedoffice—(a)intheeventofthemember’sresignation—uponthereceiptbytheMinisterofthemember’snoticeofresignation;(b)in
the event of the member’s removal—upon the issueby
the Minister of notice of the member’s removal.8Casual vacancies(1)When
a casual vacancy occurs in the office of a member ofthetribunalduringthecurrencyofthemember’stermofoffice as such member the Governor in
Council may appointanother person to fill that vacancy.(2)A person appointed to fill a casual
vacancy shall be appointedand hold office for the balance of the
person’s predecessor’sterm of office or until the person
sooner vacates that officeandshallbeeligibleforreappointmentasamemberofthetribunal.9Payment of tribunal membersAmemberofthetribunalshallbepaidsuchremuneration,fees and
allowances in respect of the discharge of duties as amemberastheGovernorinCouncilapprovesfromtimetotime.10Chairperson(1)The
Governor in Council, by gazette notice, shall appoint amember of the tribunal to be the chairperson
thereof.(1A)Thechairpersonshallholdofficeaschairpersonuntilthechairperson’s office as member of the
tribunal is vacated orthetermofofficecurrentatthematerialtimeexpires,whichever event
first occurs.
s
118s 11Judges (Salaries
and Allowances) Act 1967(2)When an
appointment is made to fill a casual vacancy in theoffice of a member who was chairperson of
the tribunal theGovernorinCouncilshall,bygazettenotice,appointamember of the tribunal to be the chairperson
thereof.11Meetings of tribunal(1)Thetribunalshallmeetasoftenasisnecessaryfortheexercise and performance of its
powers, authorities, functionsand
duties.(1A)The chairperson may at anytime
convene a meeting of thetribunal.(2)The
chairperson of the tribunal shall preside at all meetings ofthetribunalatwhichthechairpersonispresentandinthechairperson’s
absence from any cause another member of thetribunal
nominated by the chairperson shall preside.(2A)Where
the chairperson fails to nominate another member to bechairperson another member of the tribunal
nominated by theMinister shall preside.(2B)While
so presiding the member so nominated shall have andmay
exercise the powers, authorities and immunities and shallperform the functions and duties of the
chairperson.(3)At a meeting of the tribunal—(a)the procedure shall be as determined
by the tribunal;(b)2 members constitute a quorum;(c)all questions shall be decided by a
majority of the votesof the members present and
voting;(d)the member presiding has a
deliberative vote.(4)In the event of an equality of votes
being cast on any questionarisingatameetingofthetribunal,considerationofthatquestion shall be deferred until a
subsequent meeting of thetribunal at which all members are
present.
s
129s 12Judges (Salaries
and Allowances) Act 196712Inquiry and
report on judicial salaries and allowances(1)The
tribunal must inquire into, and, at intervals of not morethan
1 year, report to the Minister the changes (if any) thatshould be made to—(a)theratesofsalary,andtheallowancesandratesofallowances,respectivelypayabletotheChiefJustice,President of the
Court of Appeal, other judges of appeal,SeniorJudgeAdministratorandotherjudgesoftheSupreme Court;
and(b)theratesofsalary,andtheallowancesandratesofallowances, respectively payable to the
Chief Judge andaseniorjudgeoftheDistrictCourtandotherDistrictCourt
judges; and(c)theratesofsalary,andtheallowancesandratesofallowances,respectivelypayabletoamemberoftheindustrial
commission; and(d)theratesofsalary,andtheallowancesandratesofallowances,respectivelypayabletothePresidentandother members of the Land Court;
and(e)theratesofsalaryrespectivelypayabletotheChiefStipendiaryMagistrate,SeniorStipendiaryMagistrateand
other stipendiary magistrates.(2)The
report of the tribunal must be—(a)in
writing; and(b)signed by the members of the tribunal;
and(c)given to the relevant Minister.(3)If the tribunal decides that changes
should be made to judicialsalariesandallowances,thetribunalmust,inthereport,determine the salaries and allowances that
should be paid.(4)A determination made by the tribunal
is—(a)subordinate legislation; and(b)anexemptinstrumentundertheLegislativeStandardsAct
1992.
s
1310s 13Judges (Salaries
and Allowances) Act 1967(5)When the
determination is tabled in the Legislative Assemblyunder
theStatutory Instruments Act 1992,
section 49,1a copyof the report
must also be tabled in the Legislative Assembly.(6)The tribunal may determine whether
there shall be 1 or moredivisionsofmagistrates(otherthantheChiefStipendiaryMagistrate and
the Senior Stipendiary Magistrate) and fix therate of salary
under subsection (1) in relation to magistrates ineach
division.(7)Allowances for magistrates are not to
be fixed under this Act.(8)In this
section—relevantMinistermeans,forareportaboutsalariesandallowances of—(a)SupremeCourtjudges,DistrictCourtjudgesormagistrates—the Minister; or(b)amemberoftheindustrialcommission—theMinisteradministering theIndustrial
Relations Act 1999; or(c)membersoftheLandCourt—theMinisteradministering theLand Act
1994.13Method of inquiry
by tribunal(1)In the performance of its
functions—(a)the tribunal may inform itself in such
manner as it thinksfit; and(b)the
tribunal may receive written or oral statements; and(c)the tribunal is not required to
conduct any proceeding ina formal manner; and(d)the tribunal is not bound by rules of
evidence.(2)The tribunal may decide that changes
should be made to thesalary and allowances of a judge,
industrial commissioner ormember of the Land Court, or the
salary of a magistrate, onlyif it considers
the changes are equitable having regard to—(a)for a
judge—1Statutory Instruments Act 1992,
section 49 (Subordinate legislation must be tabled)
s
1311s 13Judges (Salaries
and Allowances) Act 1967(i)the salary and
allowances payable to judges of theCommonwealth,theotherStatesandTerritories;and(ii)other matters the tribunal considers
relevant to theresponsibilitiesandconditionsofserviceofthejudge; or(b)for a
member of the industrial commission—(i)the
salary and allowances payable to equivalent orsimilarofficeholdersoftheCommonwealth,theother
States and the Territories; and(ii)other
matters the tribunal considers relevant to theresponsibilitiesandconditionsofserviceofthemember; or(c)for a
member of the Land Court—(i)the salary and
allowances payable to equivalent orsimilarofficeholdersoftheCommonwealth,theother
States and the Territories; and(ii)other
matters the tribunal considers relevant to theresponsibilitiesandconditionsofserviceofthemember; or(d)for a
magistrate—(i)the salary and allowances payable to
magistrates oftheCommonwealth,theotherStatesandTerritories; and(ii)other
matters the tribunal considers relevant to theresponsibilitiesandconditionsofserviceofthemagistrate.(3)Forthepurposesoftheexerciseandperformanceofitspowers and functions under this Act,
the tribunal has all thepowers,authorities,protectionandjurisdictionofacommission of inquiry under theCommissions of Inquiry Act1950, save such as are by that Act
confined to a judge of theSupreme Court.(4)The
Minister may, if the Minister thinks fit, appoint a personor
persons to assist the tribunal in an inquiry.
s
1412s 17Judges (Salaries
and Allowances) Act 196714Fees and
allowancesAnypersonappointedundersection13(4)toassistthetribunal may be paid such remuneration, fees
and allowancesas the Governor in Council
determines.15Act subject to Supreme Court of
Queensland ActThisActhaseffectsubjecttotheSupremeCourtofQueensland Act 1991.16Regulation making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.Part 6Transitional provision17Judges’ Salaries and Pensions Act 1967
referencesIn an Act or document, a reference to
theJudges’ Salaries andPensions Act
1967is a reference to this Act.
14Judges (Salaries and Allowances) Act
19674Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the reprint with the
latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.1233A3B44A4BAmendments
to1993 Act No. 321994 Act No.
761995 Act No. 581997 Act No.
381999 Act No. 331999 Act No.
331999 Act No. 332000 Act No.
58Effective3 June
19931 December 199428 November
19951 August 19971 July
19991 July 199918 September
200017 November 2000Reprint
date8 June 199322 December
199417 May 19968 August
199727 August 19997 April
200027 September 20001 December
2000ReprintNo.4C4DAmendments
included2002 Act No. 342002 Act No.
73Effective16 August
20023 February 2003Notes5Tables in earlier reprintsName
of tableChanged citations and remade lawsRenumbered provisionsReprint
No.316List
of legislationJudges(SalariesandAllowances)Act1967No.40(prevJudges’SalariesandPensions Act 1967)date of assent 14
December 1967commenced on date of assentamending legislation—Judges’ Salaries
and Pensions Act Amendment Act 1970 No. 2date of assent 2
April 1970commenced on date of assentJudges’ Salaries and Pensions Act Amendment
Act 1971 No. 22date of assent 21 April 1971commenced on date of assent
15Judges (Salaries and Allowances) Act
1967Judges’ Salaries and Pensions Act Amendment
Act 1973 No. 21date of assent 13 April 1973ss
4–5 commenced 1 April 1973 (see s 2(2))remaining
provisions commenced on date of assentJudges’ Salaries
and Pensions Act and Another Act Amendment Act 1980 No. 16 pt
2date of assent 12 May 1980commenced on date of assentJudges’ Salaries and Pensions Act Amendment
Act 1984 No. 75date of assent 18 October 1984commenced on date of assentJudges’ Salaries and Pensions Act Amendment
Act 1989 No. 46date of assent 5 May 1989commenced on date of assentPublic
Service (Administrative Arrangements) Act 1990 (No. 2) No. 80 s 3
sch 1date of assent 14 November 1990commenced 7 December 1989 (see s
2(4)(b))Supreme Court of Queensland Act 1991 No. 68
ss 1–2, 111 sch 2date of assent 24 October 1991ss
1–2 commenced on date of assentremaining
provisions commenced 14 December 1991 (1991 SL No. 173)Stipendiary Magistrates Act 1991 No. 75 ss
1–2, 25 sch 2date of assent 21 November 1991ss
1–2 commenced on date of assentremaining
provisions commenced 14 December 1991 (see s 2(1))Statute Law (Miscellaneous Provisions) Act
1993 No. 32 ss 1–3 sch 2date of assent 3 June 1993commenced on date of assentStatute Law (Miscellaneous Provisions) Act
(No. 2) 1993 No. 76 ss 1–3 sch 1date of assent 14
December 1993commenced on date of assentAnti-Discrimination Amendment Act 1994 No. 29
ss 1–3 schdate of assent 28 June 1994ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1994 (see s 2)Judicial
Legislation Amendment Act 1994 No. 76 pts 1, 4date of assent 1
December 1994commenced on date of assentMineral Resources Amendment Act 1995 No. 21
ss 1–3, 207 sch 2date of assent 11 April 1995ss
1–2 commenced on date of assentremaining
provisions commenced 1 May 1995 (1995 SL No. 117)
16Judges (Salaries and Allowances) Act
1967Statute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 2date of assent 28 November 1995commenced on date of assentCourts
Reform Amendment Act 1997 No. 38 ss 1–2 pt 7date of assent 18
July 1997ss 1–2 commenced on date of assentremaining provisions commenced 1 August 1997
(1997 SL No. 235)Land and Resources Tribunal Act 1999 No. 7 ss
1–2, 87 sch 3date of assent 18 March 1999ss
1–2 commenced on date of assentremaining
provisions commenced 18 September 2000 (2000 SL No. 244)Statute Law (Miscellaneous Provisions) Act
1999 No. 19 ss 1–3 schdate of assent 30 April 1999commenced on date of assentIndustrial Relations Act 1999 No. 33 ss 1,
2(2), 747 sch 3date of assent 18 June 1999ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1999 (1999 SL No. 159)Justice and Other Legislation (Miscellaneous
Provisions) Act 2000 No. 58 ss 1–2 schdate of assent 17
November 2000commenced on date of assentJustice and Other Legislation (Miscellaneous
Provisions) Act 2002 No. 34 s 1, pt 8date of assent 16
August 2002commenced on date of assentIndustrial Relations Amendment Act 2002 No.
73 ss 1–2, 10 schdate of assent 13 December 2002ss
1–2 commenced on date of assentremaining
provisions commenced 3 February 2003 (2003 SL No. 7)7List of annotationsShort
titles 1sub 1991 No. 68 s 111 sch 2PART
2—SALARIES AND ALLOWANCES OF SUPREME COURT JUDGESpt
hdgsub 1991 No. 68 s 111 sch 2Salary
and allowances of Supreme Court judgesprov hdgsub
1991 No. 68 s 111 sch 2; 1993 No. 32 s 3 sch 2s 2amd
1973 No. 21 s 3; 1980 No. 16 s 4sub 1991 No. 68 s
111 sch 2amd 1993 No. 32 s 3 sch 2; 1997 No. 38 s
52Interpretations 2Ains
1990 No. 80 s 3 sch 1om 1991 No. 68 s 111 sch
2
17Judges (Salaries and Allowances) Act
1967PART 3—SALARIES AND ALLOWANCES OF DISTRICT
COURT JUDGESpt hdgsub 1991 No. 68 s
111 sch 2Salary and allowances of District Court
judgesprov hdgins 1993 No. 32 s
3 sch 2s 3amd 1970 No. 2 s 2; 1971 No. 22 s 2;
1973 No. 21 s 4; 1980 No. 16 s 5; 1984No. 75 s 2sub
1991 No. 68 s 111 sch 2amd 1993 No. 32 s 3 sch 2; 1993 No. 76
s 3 sch 1sub 1994 No. 76 s 10amd 1999 No. 19 s
3 schPART 3A—SALARIES AND ALLOWANCES FOR THE
INDUSTRIAL COURTAND COMMISSIONpt hdgprev
pt 3A hdg renum as pt 4 hdg 1993 No. 32 s 3 sch 2pres
pt 3A hdg ins 1994 No. 76 s 11sub 1999 No. 33 s
747 sch 3Salary and allowances of the industrial court
and commissions 3Ains 1994 No. 76 s 11(3)–(4) exp 1 June 1995 (see s 3A(4))sub
1999 No. 33 s 747 sch 3amd 2002 No. 73 s 10 schPART
3B—SALARIES AND ALLOWANCES OF LAND COURT MEMBERSpt
hdgins 1994 No. 76 s 11Salary and
allowances of Land Court memberss 3Bins
1994 No. 76 s 11(3)–(4) exp 1 June 1995 (see s 3B(4))PART
4—SALARIES OF MAGISTRATESpt hdgprev pt 4 hdg om
1993 No. 32 s 3 sch 2pres pt 4 hdg (prev pt 3A hdg) ins
1991 No. 75 s 25 sch 2renum 1993 No. 32 s 3 sch 2amd
1995 No. 21 s 107 sch 2; 1999 No. 7 s 87 sch 3Salary of
magistrates etc.s 4prev s 4 om 1991 No. 68 s 111 sch
2pres s 4 ins 1991 No. 75 s 25 sch 2sub
1994 No. 76 s 12Salary of wardenss 4Ains
1995 No. 21 s 107 sch 2om 1999 No. 7 s 87 sch 3PART
5—SALARIES AND ALLOWANCES TRIBUNALpt hdgprev
pt 5 hdg ins 1973 No. 21 s 6om 1991 No. 68 s
111 sch 2pres pt 5 hdg (prev pt 6 hdg) ins 1980 No.
16 s 8renum 1993 No. 32 s 3 sch 2
18Judges (Salaries and Allowances) Act
1967Establishment of tribunals 5prev
s 5 amd 1970 No. 2 s 3; 1971 No. 22 s 3; 1973 No. 21 s 5; 1980 No.
16s 6; 1984 No. 75 s 3; 1989 No. 46 s 3om
1991 No. 68 s 111 sch 2pres s 5 (prev s 20) ins 1980 No. 16 s
8amd 1991 No. 68 s 111 sch 2renum
1993 No. 32 s 3 sch 2amd 1994 No. 76 s 13; 1995 No. 21 s
107 sch 2; 1999 No. 7 s 87 sch 3; 2000No. 58 s 2 sch;
2002 No. 34 s 25Term of office of memberss 6prev
s 6 om 1991 No. 68 s 111 sch 2pres s 6 (prev s
21) ins 1980 No. 16 s 8renum 1993 No. 32 s 3 sch 2Vacation of office of memberss
7prev s 7 om 1991 No. 68 s 111 sch 2pres
s 7 (prev s 22) ins 1980 No. 16 s 8amd 1990 No. 80 s
3 sch 1renum 1993 No. 32 s 3 sch 2amd
1994 No. 29 s 3 schCasual vacanciess 8prev
s 8 om 1993 No. 32 s 3 sch 2pres s 8 (prev s
23) ins 1980 No. 16 s 8renum 1993 No. 32 s 3 sch 2Payment of tribunal memberss
9prev s 9 om 1993 No. 32 s 3 sch 2pres
s 9 (prev s 24) ins 1980 No. 16 s 8renum 1993 No. 32
s 3 sch 2Chairpersons 10prev
s 10 om 1993 No. 32 s 3 sch 2pres s 10 (prev s
25) ins 1980 No. 16 s 8renum 1993 No. 32 s 3 sch 2Meetings of tribunals 11prev
s 11 om 1993 No. 32 s 3 sch 2pres s 11 (prev s
26) ins 1980 No. 16 s 8amd 1990 No. 80 s 3 sch 1renum
1993 No. 32 s 3 sch 2Inquiry and report on judicial salaries
and allowancess 12prev s 12 om 1993 No. 32 s 3 sch
2pres s 12 (prev s 27) ins 1980 No. 16 s
8amd 1984 No. 75 s 5; 1989 No. 46 s 5; 1990
No. 80 s 3 sch 1sub 1991 No. 68 s 111 sch 2amd
1991 No. 75 s 25 sch 2renum 1993 No. 32 s 3 sch 2amd
1993 No. 32 s 3 sch 2; 1993 No. 76 s 3 sch 1; 1994 No. 76 s 14;
1995No. 21 s 107 sch 2; 1995 No. 58 s 4 sch 2;
1997 No. 38 s 53; 1999 No. 7