Judges' Pensions Act 1968

The following Acts are repealed:

The repeal effected by the last preceding subsection does not affect the operation of:

any amendment made by an Act repealed by that subsection to an Act that is not so repealed; or

any provision for the citation of an Act as amended by such an amendment.

the child is a child of the deceased Judge; or

the child is a child of the deceased Judge within the meaning of the Family Law Act 1975; or

the Minister is of the opinion that:

at the time of the death of the deceased Judge, the child was wholly or substantially dependent on the deceased Judge; or

but for the death of the deceased Judge, the child would have been wholly or substantially dependent on the deceased Judge.

For the purposes of this Act, a person had a marital or couple relationship with another person at a particular time if the person ordinarily lived with that other person as that other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time.

For the purpose of subsection (1), a person is to be regarded as ordinarily living with another person as that other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at a particular time only if:

the person had been living with that other person as that other person’s husband, wife, spouse or partner for a continuous period of at least 3 years up to that time; or

the person had been living with that other person as that other person’s husband, wife, spouse or partner for a continuous period of less than 3 years up to that time and the Minister, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with that other person as that other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time;

For the purposes of this Act, a marital or couple relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (2)(a) or (b).

For the purpose of subsection (2), relevant evidence includes, but is not limited to, evidence establishing any of the following:

the person was wholly or substantially dependent on that other person at the time;

the persons were legally married to each other at the time;

the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

the persons had a child who was:

born of the relationship between the persons; or

adopted by the persons during the period of the relationship; or

a child of both of the persons within the meaning of the Family Law Act 1975;

the persons jointly owned a home which was their usual residence.

For the purposes of this section, a person is taken to be living with another person if the Minister is satisfied that the person would have been living with that other person except for a period of:

temporary absence; or

absence because of special circumstances (for example, absence because of the person’s illness or infirmity).

In this section:

For the purposes of this Act, a person is a spouse who survives a deceased Judge if:

the person had a marital or couple relationship with the deceased Judge at the time of the death of the deceased Judge (the death); and

in the case of a deceased Judge who was a retired Judge at the time of the death:

the marital or couple relationship began before the retired Judge became a retired Judge; or

the marital or couple relationship began after the retired Judge became a retired Judge but before the retired Judge reached 60; or

in the case of neither subparagraph (i) nor (ii) applying—the marital or couple relationship had continued for a period of at least 5 years up to the time of the death.

In spite of subsection (2), a person is taken to be a spouse who survives a deceased Judge if:

the person had previously had a marital or couple relationship with the deceased Judge; and

the person did not, at the time of the death, have a marital or couple relationship with the deceased Judge but was legally married to the deceased Judge; and

in the case of a marital or couple relationship that began after the deceased person became a retired Judge and reached 60—the relationship began at least 5 years before the deceased person’s death; and

in the Minister’s opinion, the person was wholly or substantially dependent upon the deceased Judge at the time of the death.

starts on the person’s first day of service as a Judge; and

ends on the day before:

if paragraph (a) or (c) of the definition of qualification age in this section applies in relation to the person—the first day referred to in that paragraph; or

if a pension under subsection 6(2) has become payable to the person—the day on which the person retired; or

otherwise—the day on which the person died.

if a pension under subsection 6(1) or (2D) has become payable to the person—the person’s age in days on the first day on which the person qualified for that pension; or

if a pension under subsection 6(2) has become payable to the person—the person’s age in days on the first day on which the person would have qualified for a pension under subsection 6(1) or (2D) if the person had continued to serve as a Judge until the person’s mandatory retirement day; or

if:

the person died before a pension became payable to the person; and

the person had qualified for a pension under subsection 6(1) on a day before the person died;

if the person died before a pension became payable to the person and subparagraph (c)(ii) does not apply—the person’s age in days on the first day on which the person would have qualified for a pension under subsection 6(1) or (2D) if the person had continued to serve as a Judge until the person’s mandatory retirement day.

for the purposes of the application of this Act to or in respect of a person who is, or has at any time been, a Judge, any period in which the person is or was authorised to make himself or herself unavailable to perform his or her duties as a Judge shall be deemed to be, or to have been, part of the period of the person’s service as a Judge; and

for the purposes of the application of this Act to or in respect of a person who holds, or has at any time held, an office or appointment by virtue of which this Act applies or applied to or in respect of the person as if the person were a Judge, any period in which the person is or was authorised to make himself or herself unavailable to perform his or her duties as the holder of that office or appointment shall be deemed to be, or to have been, part of the period of the person’s service in that office or appointment.

If:

a person’s appointment as a Judge terminates; and

a new appointment of the person as a Judge takes effect immediately after the termination;

This section applies to the termination of an appointment however it occurs (whether because of resignation or because of the expiration of the term of the appointment or otherwise).

For the purposes of this Act, a Judge is taken not to have retired so long as he or she continues:

to hold any office as a Judge; or

to hold any judicial office in relation to a Territory that is remunerated otherwise than on a part‑time basis.

Where, during any period (whether before or after the commencement of this Act), a person has held two or more offices as a Judge, his or her service during that period shall be taken into account for the purposes of this Act in the same way as if, during that period, he or she had held one office as a Judge only.

To avoid doubt, a person may satisfy the definition of Judge at a particular time even if the person also holds, at the same time, an office as a Judge of the Federal Circuit and Family Court of Australia (Division 2).

See paragraph (a) of the definition of Judge in subsection 4(1).

Where:

a Judge, other than a Papua New Guinea Judge, who has attained the age of 60 years; or

a Papua New Guinea Judge who has attained the age of 55 years;

Where a Judge, not being a Judge to whom subsection (1) applies, retires, and the Minister certifies that the retirement is due to permanent disability or infirmity, he or she is entitled to a pension in accordance with subsection 6A(2) or 6B(2).

A pension to which a Judge is entitled in accordance with subsection 6A(2) or 6B(2) may be reduced under section 17AN (which deals with the Division 293 and 296 tax laws).

A Judge (not being a Judge to whom subsection (1) applies) who has retired may apply to the Minister for a certificate under subsection (2) that his or her retirement was due to permanent disability or infirmity and, upon receipt of that application, the Minister shall:

if he or she is satisfied that the retirement of the Judge was due to permanent disability or infirmity—so certify under subsection (2); or

if he or she is not so satisfied—refuse so to certify.

Where a Papua New Guinea Judge, other than a Judge to whom subsection (1) or (2) applies, retires and is not re‑appointed as a Judge of the Supreme Court of Papua New Guinea, he or she is entitled:

if the Minister certifies that he or she is satisfied that his or her services as such a Judge were no longer required—to a pension in accordance with subsection 6A(2) or 6B(2); and

in any other case—to a pension in accordance with subsection 6A(3) or 6B(2).

Notwithstanding paragraph (b) of subsection (2A), where the Governor‑General determines that, by reason of special circumstances, a retired Judge who would, but for this subsection, be entitled under subsection (2A) to a pension in accordance with subsection 6A(3) or 6B(2) should receive a pension in accordance with subsection 6A(2) or 6B(2), the retired Judge is entitled to receive a pension accordingly.

Where:

a Judge, whether by reason of the terms of his or her appointment or otherwise, is to cease to hold office as a Judge upon his or her attaining a particular age;

he or she ceases to be a Judge upon his or her attaining that age;

at the time of his or her so ceasing, he or she had served as a Judge for not less than 6 years; and

he or she is not a person to whom subsection (1), (2), (2A) or (2B) applies;

This section applies to a Judge if the Judge’s surcharge debt account is not in debit when a pension becomes payable to him or her.

For surcharge debt account see subsection 4(1).

Subject to sections 16, 17AD and 17AH, if the Judge is entitled to a pension because of subsection 6(1) or (2) or paragraph 6(2A)(a), the annual rate of the pension is 60% of the appropriate current judicial salary.

For appropriate current judicial salary see subsection 4(1).

If the Judge is entitled to a pension because of paragraph 6(2A)(b), the annual rate of pension is worked out by using the formula:

the sum of the total number of years (including a fraction of a year) of his or her service as a Judge and the total number of years (including a fraction of a year) that the Minister certifies to be the period, or aggregate of the periods, (if any) of leave in respect of that service due to the Judge immediately before his or her retirement; or

10;

For appropriate current judicial salary see subsection 4(1).

Subject to sections 16, 17AD and 17AH, if the Judge is entitled to a pension because of subsection 6(2D), the annual rate of that pension is:

0.5% of the appropriate current judicial salary for each completed month of his or her service as a Judge; or

60% of the appropriate current judicial salary;

For appropriate current judicial salary see subsection 4(1).