Victorian Numbered Acts Victorian Numbered ActsAfter section 15 of the Judicial Remuneration Tribunal Act 1995 insert —
(1) Despite anything to the contrary in Attorney-General's certificate 1/2008 in relation to prior recognition of service, a Judge of the Supreme Court (including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal) is entitled to have prior service recognised for the purpose of determining the Judge's entitlement to sabbatical and long service leave in the Judge's judicial office if—
(a) the Judge was appointed to the Supreme Court before the commencement of this section and held that office on that commencement; and
(b) the prior service is service in an office referred to in section 83(6) of the Constitution Act 1975 as an office in respect of which service is counted as service in the office of Judge of the Court.
(2) Despite anything to the contrary in Attorney-General's certificate 1/2008 in relation to prior recognition of service, a Judge of the County Court (including the Chief Judge) is entitled to have prior service recognised for the purpose of determining the Judge's entitlement to sabbatical and long service leave in the Judge's judicial office if—
(a) the Judge was appointed to the County Court before the commencement of this section and held that office on that commencement; and
(b) the prior service is service in an office referred to in section 14(5) of the County Court Act 1958 as an office in respect of which service is counted as service in the office of judge of the County Court.
(3) If prior service is recognised under subsection (1) or (2) in respect of a person, that person is not entitled to have any sabbatical and long service leave entitlement arising from the recognised prior service in that previous office paid out to the person in accordance with Attorney-General's certificate 1/2008.
(4) In this section, Attorney-General's certificate 1/2008 means the certificate of the Attorney-General issued under section 15 on 14 February 2008 numbered 1/2008.
(1) This section applies to the following judicial officers (other than a reserve office holder)—
(a) a Judge of the Supreme Court, including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal;
(b) an Associate Judge of the Supreme Court;
(c) a judge of the County Court, including the Chief Judge;
(d) an associate judge of the County Court.
(2) A judicial officer to whom this section applies is entitled on the resignation, retirement or death of that judicial officer to payment out of the accrued sabbatical and long service leave entitlements (if any) in respect of the judicial officer not exceeding a period of 12 months.
A magistrate (other than a reserve magistrate) is entitled on the resignation, retirement or death of that magistrate to payment out of any accrued annual leave and long service leave entitlements in respect of the magistrate.
(1) Any payment of accrued sabbatical and long service leave entitlements not exceeding a period of 12 months to a judicial officer referred to in section 17(1) on that person's resignation, retirement or death before the commencement of section 17 is taken to have been validly made as if it had been authorised under that section and that section had been enacted at the time it was paid.
(2) Any payment of accrued annual leave and long service leave entitlements to a magistrate on that person's resignation, retirement or death before the commencement of section 18 is taken to have been validly made as if it had been authorised under that section and that section had been enacted at the time it was paid.
(3) Without limiting subsection (2), if a person has resigned or retired from the office of magistrate before the commencement of section 18 but holds a judicial office referred to in section 17(1) on the commencement of section 18, any payment of accrued annual leave and long service leave entitlements to that person in respect of the office of magistrate may be made in respect of those entitlements as if section 18 had been enacted at the time of resignation or retirement.
(1) This section applies to a person who—
(a) was appointed as a Judge of the Supreme Court (including the Chief Justice, the President of the Court of Appeal and a Judge of Appeal) or a Judge of the County Court (including the Chief Judge) on or after the commencement of this section; and
(b) held a recognised non-judicial office immediately before that person's appointment as a judge referred to in paragraph (a).
(2) On and from the commencement of this section—
(a) Attorney-General's certificate 2/2014 is taken to apply to a person to whom this section applies; and
(b) that person's service in a specified non-judicial office is service in a prior office for the purposes of Schedule 3 of the certificate and is recognised in accordance with that Schedule.
(3) In this section—
Attorney-General's certificate 2/2014 means the certificate of the Attorney-General issued under section 15 on 30 June 2014 numbered 2/2014;
"specified non-judicial office" means the following offices—
(a) Solicitor-General;
(b) Director of Public Prosecutions;
(c) Chief Crown Prosecutor;
(d) Senior Crown Prosecutor;
(e) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 ;
(f) the Inspector within the meaning of the Victorian Inspectorate Act 2011 .
Unless the context otherwise requires, in any certificate of the Attorney-General issued under section 15 and in force on the commencement of this section, a reference to a policy of the Department of Justice or the Department of Justice and Regulation (as the case requires) is to be construed as a reference to a policy issued by Court Services Victoria established under the Court Services Victoria Act 2014 issued at any time.".
Division 4—Amendment of the Constitution Act 1975