Definitions
2 Definitions
In this Act, unless the context or subject matter otherwise indicates or requires:
Acting judge means:
an Acting Judge of the Supreme Court of New South Wales, or
an acting member of the Industrial Relations Commission of New South Wales, or
an Acting Judge of the Industrial Court, or
an acting judicial member of the Industrial Relations Commission of New South Wales, or
an acting Judge of the Land and Environment Court (under the Land and Environment Court Act 1979), or
an Acting Judge of a District Court (under the District Court Act 1973), or
an acting Judge of the Compensation Court (under the Compensation Court Act 1984).
Appointed day means the day on which the Judges’ Pensions (Amendment) Act 1974 commenced.
Child includes adopted child.
de facto partner of a person means a person who is in a de facto relationship with the other person.
Note—
“De facto relationship” is defined in section 21C of the Interpretation Act 1987.
Eligible child means:
a child under the age of sixteen years, or
a child who:
has attained the age of sixteen years but is under the age of twenty-five years, and
is receiving full-time education at a school, university or college.
increased retirement age day means the day on which the amendments made to section 44 (Retirement of judicial officers) of the Judicial Officers Act 1986 by the Justice Legislation Amendment Act (No 3) 2018 commenced.
Judge means a person holding the office of Chief Justice or puisne judge of the Supreme Court of New South Wales, President of the Court of Appeal or Judge of Appeal, President or other member of the Industrial Commission of New South Wales, Judge of the Industrial Court, judicial member of the Industrial Relations Commission of New South Wales, Chief Judge or Judge of the Land and Environment Court, Chief Judge or Judge of the District Court, or Chief Judge or Judge of the Compensation Court of New South Wales.
mandatory judicial retirement age, in relation to a judge, means the maximum age at which the judge is required by law to retire.
Note—
Before the increased retirement age day, section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for judges of 72 years.
Section 44 of the Judicial Officers Act 1986 was amended on the increased retirement age day by the Justice Legislation Amendment Act (No 3) 2018 to increase the maximum retirement age for judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to judges holding office who were appointed before the increased retirement age day unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902. The retirement age of 72 years continues to apply to judges who do not consent to the increased retirement age applying to them.
Retired judge means a judge who has retired as referred to in section 3 (1), 4 or 5 (1).
spouse of a person includes a de facto partner.
Superannuation contributions surcharge means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth.
surviving spouse of a judge, retired judge, former judge or former acting judge who has died (the deceased person) means a person who was the spouse of the deceased person at the time of the death of the deceased person.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of this Act, any reference to the period for which a person has served as a judge (however expressed) is taken to exclude any time for which the person has been on leave without pay, whether before or after the commencement of this subsection.
For the purposes of this Act, the notional judicial salary of a retired or deceased judge at any time is an amount equal to the salary payable at that time to the holder of a judicial office having a status equivalent to that of the judicial office held by the retired or deceased judge:
immediately before his or her retirement if he or she:
is living at that time, or
died after he or she retired, or
immediately before his or her death if he or she died in office.
Notes included in this Act do not form part of this Act.
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