This memorandum is not part of the determination, but is intended to indicate its general effect.
The members of the Court Martial Appeal Court and the Court Martial are drawn from both serving Judges and private practitioners, who are known as appointed Judges of the Court Martial. This determination sets the salaries, allowances, and superannuation rights and obligations of appointed Judges of the Court Martial Appeal Court and the Chief Judge and other Judges of the Court Martial.
The Authority has set the salaries for appointed Judges at what it considers to be the appropriate rate for full-time positions. Appointed Judges acting on a part-time basis will be paid for the time they act, calculated on a pro-rata basis as a proportion of the salary payable to an appointed Judge acting on a full-time basis. The increases in remuneration reflect the movement in salaries for serving Judges, which took effect from 1 October 2016, as set out in the Authority’s Judicial Salaries and Allowances Determination 2017.
The appointed Judges, when fulfilling their statutory roles, continue to incur expenses in the running of their private practices. The Authority has accordingly specified allowances to be paid as a contribution towards the costs incurred by appointed Judges in maintaining their practices while carrying out their statutory functions. The Authority this year reviewed the allowances applicable to each judicial position and has left them at their current level, which was set following a review in 2014. However, all judicial officers’ allowances, remuneration and superannuation benefits are currently under review by the Authority, which is also considering any potential changes that may need to be implemented as a result of provisions of the Senior Courts Act 2016 and the District Court Act 2016 that came into force on 1 March 2017.
This determination is for a year from 1 January 2017. The making of the determination was delayed beyond the expiry of the previous determination in order to allow the Remuneration Authority to carry out preparatory work on the determination. The determination expires on 31 December 2017.