Victorian Numbered Acts Victorian Numbered ActsBefore section 13 of the County Court Act 1958 insert —
(1) The Governor in Council may appoint as many reserve judges of the court as are necessary for transacting the business of the court.
(2) A person is not eligible for appointment as a reserve judge unless he or she—
(a) has not attained the age of 75 years; and
(b) is, or has been—
(i) a judge of the court; or
(ii) a judge of a District Court (however designated) of another State.
(3) The instrument of appointment of a person as a reserve judge must specify the terms and conditions of appointment.
(4) A reserve judge is eligible for re-appointment as a reserve judge.
(1) A reserve judge ceases to hold office on the earlier of—
(a) the end of 5 years from the date of his or her appointment as a reserve judge; or
(b) attaining the age of 75 years.
(2) A reserve judge may only be removed from office in the same way and on the same grounds as a judge of the court is liable to be removed from office.
(1) The Attorney-General may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge of the court—
(a) on a full time basis; or
(b) on a sessional basis.
(2) Without limiting subsection (1), an engagement under that subsection must specify the period of the engagement.
(3) The Attorney-General does not have the power to revoke or amend a notice of engagement under subsection (1).
Subject to this Act, a reserve judge has the same powers, jurisdiction, immunities and protection as a judge of the court when undertaking the duties of a judge of the court in accordance with an engagement under section 12B.
(1) Service as a reserve judge does not count as service in the office of judge of the court for the purposes of section 14.
(2) Despite section 14(3A)(a) and (b), appointment as a reserve judge does not affect the right of a judge to a pension under section 14.
Except with the approval of the Attorney-General, a reserve judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a judge of the court under section 12B.
(1) Subject to subsection (2), each reserve judge engaged to undertake the duties of a judge of the court on a full time basis under section 12B must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than a reserve basis.
(2) If a reserve judge who is engaged to undertake the duties of a judge of the court on a full time basis under section 12B is entitled to—
(a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988 ; or
(b) because he or she has held a public office in another jurisdiction, a non-contributory pension under any other law—
the amount of pension to which the reserve judge is entitled must be deducted from the salary payable to that reserve judge under subsection (1).
(3) Subject to subsection (4), each reserve judge engaged to undertake the duties of a judge of the court on a sessional basis under section 12B must be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office.
(4) A reserve judge engaged to undertake the duties of a judge of the court on a sessional basis under section 12B who is entitled to—
(a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988 ; or
(b) because he or she has held a public office in another jurisdiction, a non-contributory pension under any other law—
must be paid a salary calculated in accordance with the following formula—
where—
S means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the reserve judge;
P means the annual pension to which the reserve judge is entitled that is referred to in paragraph (a) or (b).
(5) Each reserve judge shall be paid allowances at the rate or amount or of the kind as are for the time being applicable under the Judicial Salaries Act 2004 .
(6) A reserve judge, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve judge agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value.
(7) The notice under subsection (6) must specify a date from which the arrangement is to take effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(8) A reserve judge may vary or revoke a notice he or she has given under subsection (6) by notice in writing to the Attorney-General.
(9) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(10) In subsection (6) and section 12G, "non-salary benefits" has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004 .
The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—
(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve judges; and
(b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any reserve judge; and
(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve judge; and
(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve judge; and
(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve judge.".