Have you ever wondered how much judges are
paid? Have you ever wondered why they get paid this amount? In this blog post I
examine judicial salaries in major Australian federal and state courts and
explain the reasons why judges receive high rates of pay. Note that this blog
post focuses on salary only. Judges receive a number of other benefits under
salary packaging, so the base rate of salary does not reflect full entitlements.
A. IMPORTANCE
OF JUDICIAL SALARY
Judicial salary, like judicial tenure, is an
important component of ensuring judicial independence. I am referring to
judicial independence in two contexts:
1. Judicial
independence as a component of the separation of powers
In a pure execution of the separation of
powers, the executive, legislative and judicial arms of government are separate
in operation and influence. In practise, due to the mixed adoption of American
and British government systems at Federation, the executive and legislative
arms of government in Australia are not separate. However, the judicial arm of
government is separate from the executive arm and the legislative arm, an
essential component of the separation of powers in Australia (Attorney-General (Cth) v The Queen
(1957) 95 CLR 529, 540-1). In the Boilmakers Case (R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94
CLR 254, 270) the High Court held that the Constitution facilitates this
separation by ensuring:
-judicial
power can only be vested in a Chapter III Court; and
Judicial salary assists judges to operate
separately from government. While judges are appointed by the executive,
judicial salary is set by the relevant independent remuneration tribunal.
2. Judicial
independence as a component of the rule of law
One pillar of the rule of law is that the law
is applied equally and fairly so that no-one is above the law. As the judiciary
enforce the law, it is essential that they remain independent to enable the law
to be applied consistently and fairly. High judicial salaries assist with
judicial independence as a judge is less likely to succumb to bribery or
corruption when they earn a large amount through their ordinary salary.
While judicial salaries may appear high, many
judges take a pay cut when they commence their office as a judge. Many judges
are appointed from the Bar where it is not uncommon for a Queens Counsel or
Senior Counsel to earn upward of $500,000 annually. On appointment, these
lawyers take a $100,000+ pay cut. The judicial salary needs to be high enough
to attract Australia’s most experienced and lawyers and protect judicial
independence while not being too excessive, as judges’ are paid by the
government from taxpayer’s money.
B. CURRENT SALARIES OF SELECT FEDERAL AND
STATE COURT JUDGES
High Court
Current salary:
Chief Justice $536,070
Judge $486,480
Law behind the salary:
Section 12 of the High Court of Australia Act 1979 (Cth) provides that the Chief
Justice and Justices of the High Court shall receive salary and allowances
fixed by Parliament from time to time. Parliament created the Remuneration
Tribunal and gave the Remuneration Tribunal the power to determine salary, allowances and other matters for office
holders including judicial offices (s.7 Remuneration
Tribunal Act 1973 (Cth)). The current salary of High Court judges is set
out in the current determination, “Remuneration Tribunal Determination 2015/10
Judicial and Related Offices - Remuneration and Allowances”.
Federal Court
Current salary:
Chief Justice $453,960
Judge $412,550
The law behind the salary:
Section 9 of the Federal Court of Australia Act 1976 (Cth)
provides that the Chief Justice and judges of the Federal Court are to receive
the salary and allowances as fixed from time to time by Parliament. Parliament
created the Remuneration Tribunal and gave the Remuneration Tribunal the power
to determine salary, allowances and other matters for
office holders including judicial offices (s.7 Remuneration Tribunal Act 1973 (Cth)). The current salary of
Federal Court judges is set out in the current determination, “Remuneration
Tribunal Determination 2015/10 Judicial and Related Offices - Remuneration and
Allowances”.
Victorian Supreme Court
Current salary:
Chief Justice $465,548
Judge $412,550
The law behind the salary:
Section 82 of the Constitution Act 1975 (Vic) states that the salaries, allowances
and pensions of judges of the Supreme Court are to be paid at the rate
applicable under the Judicial Salaries
Act 2004 (Vic). Section 4(4) of the Judicial
Salaries Act 2004 (Vic) states that Supreme Court judges are to be paid the
salary payable to Federal Court judges under s.9 of the Federal Court of Australia Act 1976 (Cth). $412,500 is the current
salary payable to Federal Court judges, so Supreme Court judges in Victoria
will be paid this amount. Under ss. 4 and 6 of the Judicial Salaries Act 2004 (Vic) the Chief Justice is entitled to
112.86% of the salary of a Supreme Court Judge. 112.86% of $412,500 is
$465,548.
Victorian County Court (District Court)
Current salary:
Chief Judge $412,550
Judge $357,433
The law behind the salary:
Section 10 of the County Court Act 1958 (Vic) states that judges are to be paid in
accordance with the Judicial Salaries Act
2004 (Vic). Sections 4 and 6 of the Judicial
Salaries Act 2004 combined provide that County Court judges are entitled to
a proportion of the annual salary of a Supreme Court judge. The Chief Judge of the
County Court is entitled to 100% of the rate of a Supreme Court judge. This is
$412,550. A judge of the County Court is entitled to 86.64% of the rate of a
Supreme Court judge. This is $357,433.
NSW Supreme Court
Current salary:
Chief Justice $482,470
Judge $431,160
The law behind the salary:
Section 29 of the Supreme Court Act 1970 (NSW) provides that judges are entitled to
remuneration in accordance with the Statutory
and Other Offices Remuneration Act 1975 (NSW). Section 13 of the Statutory and Other Offices Remuneration Act
provides that the Statutory and Other Offices Remuneration Tribunal (SOORT)
is to make annual determinations on remuneration to be paid to judges and other
specified office holders. The relevant determination is SOORT’s “2015 Annual
Determination for Judges and Magistrates”.
NSW District Court
Current salary:
Chief Judge $431,160
Judge $386,160
The law behind the salary:
Section 15 of the District Court Act 1973 (NSW) provides that judges are entitled to
remuneration in accordance with the Statutory
and Other Offices Remuneration Act 1975 (NSW). The Chief Judge of the
District Court is entitled to the same remuneration as a judge of the Supreme
Court (s.15A District Court Act 1973 (NSW).
Section 13 of the Statutory and Other
Offices Remuneration Act provides that the Statutory and Other Offices
Remuneration Tribunal (SOORT) is to make annual determinations on remuneration
to be paid to judges and other specified office holders. The relevant
determination is SOORT’s 2015 Annual Determination for Judges and Magistrates.
SA Supreme Court
Current salary:
Chief Justice $462,020
Judge $412,550
The law behind the salary:
Section 12 of the Supreme Court Act 1935 (SA) provides that the Chief Justice and
judges of the Supreme Court are entitled to salary and allowances at rates
determined by the Remuneration Tribunal. The relevant Remuneration Tribunal
determination is Determination 9/2014 which provides salaries and allowances in
Determination 5/2013 shall continue to apply. The current salary noted above is
taken from Determination 5/2013.
SA District Court
Current salary:
Chief Judge $412,550
Judge $364,320
The law behind the salary:
Section 13 of the District Court Act 1991 (SA) provides that the Chief Justice and
judges of the District Court are entitled to salary and allowances at rates
determined by the Remuneration Tribunal. The relevant Remuneration Tribunal
determination is Determination 9/2014 which provides salaries and allowances in
Determination 5/2013 shall continue to apply.
Hello, Thanks for your efforts for writing this great blog and sharing the informative info.
ReplyDeleteLeft Out Of A Will
Thanks for taking the time to share these informative information with us. It was such a good and well written article that you provided to us. Have a great rest of your day and keep up these wonderful posts.
Separation Lawyer in Melbourne
Applying for Separation Melbourne
Best Divorce Lawyers Melbourne
Melbourne Divorce Lawyers
Same Sex Divorce Australia
Same-Sex Marriage and Divorce in Australia