Sign In

Court of Appeal

Text Size a a a Print Print this page

Judges of the Court of Appeal

Premier,

REPORT ON THE REMUNERATION OF THE JUDGES OF THE COURT OF APPEAL

Section 7 of the Salaries and Allowances Act 1975 requires the Tribunal, at intervals of not more than twelve months, to inquire into and report to the Minister on the question of whether any alterations are desirable in the remuneration to be paid or provided to Judges, District Court Judges, Masters of the Supreme Court, Magistrates, and the Parliamentary Inspector of the C orruption and Crime Commission and members of the Anti-Corruption Commission. The Act provides further that if the Tribunal reports that alterations are desirable it shall recommend the nature and extent of the alterations that should be made.

TABLING OF REPORT

Under the provisions of the Salaries and Allowances Act 1975, this report is required to be laid before each House of Parliament within five sitting days of the House after its receipt by the Minister. Either House of Parliament, within fifteen sitting days of that House after a copy of the report has been laid before it, may pass a resolution disapproving a recommendation made by the Tribunal.

JUDICIAL REMUNERATION

Background

The Acts Amendment (Court of Appeal) Act 2004 created the Court of Appeal as a division of the Supreme Court. Section 35(4) of that act amends the Judges' Salaries and Pensions Act 1950 and requires the Salaries and Allowances Tribunal to determine the salary to be paid to a Judge of the Court of Appeal but with the following qualifications.

“a) the rate of the annual salary payable to the President of the Court of Appeal shall not exceed that payable to the Chief Justice of Western Australia;

(b) the rate of the annual salary payable to the senior judge of appeal, other than the Chief Justice of Western Australia and the President of the Court of Appeal, shall not exceed that payable to the Senior Puisne Judge”.

In its December 2004 report to the Premier on the remuneration for the judiciary, the Tribunal stated it had only just been advised of the legislation creating a new Court of Appeal with effect from 1 February 2005. With regards to determining the remuneration to be paid to Judges of the Court of Appeal, the Tribunal in its December 2004 report stated:

“The Tribunal considered taking account of this prospectively in its present report. However, such action would have denied interested parties the opportunity to make a submission to the Tribunal on the matter and also would have required judgements to be made about its operation prior to its commencement. “

Since that time the Tribunal has had the opportunity to receive input from interested parties. The Court of Appeal began operations in February 2005.

Current Enquiry

The Tribunal has received contributions to this review from the Chief Justice and the President of the Court of Appeal. The Tribunal also has considered the salaries paid to Judges of interstate Courts of Appeal.

The Chief Justice was of the opinion that:

“his [the President’s] salary should be established at the mid-point between the salary of the Senior Puisne Judge and the Chief Justice”.

In respect to the senior judge of the Court of Appeal, the President was of the opinion that the salary should be the same as the Senior Puisne Judge of the General Division of the Supreme Court.

The President expressed the view that:

“The President of the Court of Appeal should have a salary higher than that of a Senior Puisne Judge in the General Division, but lower than that of the Chief Justice.”

These views reflect remuneration relativities, which exist in the other Australian jurisdictions, which have Courts of Appeal.

The Tribunal notes that in most jurisdictions the Judges of the Court of Appeal and the General Division of the Supreme Court are remunerated at the same level.

Having given due consideration to all the information at hand, the Tribunal recommends the salary paid to the President, senior judge and Judges of the Court of Appeal should be as set out in the Schedule. There will be no other changes to judicial salaries at this date.

Dated at Perth this 22nd day of July 2005

 

Professor M C Wood J A S Mews M L Nadebaum
CHAIRMAN MEMBER MEMBER
SALARIES AND ALLOWANCES TRIBUNAL

SCHEDULE
REPORT ON THE REMUNERATION OF THE PRESIDENT, SENIOR JUDGE AND JUDGES OF THE COURT OF APPEAL

1. Salaries

Effective from 1 February 2005, the salary of President, senior judge and Judges of the Court of Appeal will be.

Position $ per annum
President 311863
senior judge 297776
Judges 288962

 

Dated at Perth this 22nd day of July 2005.

 

Professor M C Wood J A S Mews M L Nadebaum
CHAIRMAN MEMBER MEMBER
SALARIES AND ALLOWANCES TRIBUNAL

Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.