Supreme Court Act 1887

The Chief Justice is to be paid a salary in respect of a financial year at the rate determined by the Auditor-General under subsection (3) or (3A).

A puisne judge is to be paid a salary at the rate of 90% of that of the Chief Justice.

The Auditor-General, as soon as practicable after 31 May in each year and in accordance with this section, must determine the rate that is the average of the rates of salary payable to the Chief Justices in South Australia and Western Australia at the time of the determination, and that rate of salary is to have effect in respect of the financial year commencing on the following 1 July.

If the salary of the Chief Justice of South Australia or of the Chief Justice of Western Australia is varied as a consequence of a change in any applicable law relating to the superannuation entitlements of either Chief Justice, the Auditor-General must disregard the amount of that variation that in his or her opinion is attributable to that change in the law.

For the purposes of subsection (3A), the Auditor-General may seek advice from – the Secretary of the responsible Department in relation to the Judges' Contributory Pensions Act 1968; and a person or organisation appointed as Actuary for the purposes of the Public Sector Superannuation Reform Act 2016; and any other person or organisation that the Auditor-General considers appropriate.

Notwithstanding subsections (1) and (2), a judge may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with this section may be provided – in part by the payment of salary to the judge; and in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.

If a judge elects to sacrifice some or all of his or her salary under subsection (3C) – the election has effect from the date of the election or from a later date specified in the election for that purpose; and he or she is taken, for any purpose related to superannuation, to have received the salary determined in accordance with this section, notwithstanding the salary sacrifice.

The Chief Justice and puisne judges are entitled to be paid out of the Public Account.