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s 3AA

Surviving partners

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Part 1Preliminary matters

3AA Surviving partners

(1)

For this Act, the surviving partner of a Judge or retired Judge who dies is the surviving spouse or de facto partner of the Judge.

(2)

If a Judge or retired Judge is survived by both a spouse and a de facto partner, the surviving partner is:

(a)

the de facto partner if:

(i)

the de facto partner was the de facto partner of the Judge for a continuous period of at least 2 years immediately preceding the

Judge's death; and

(ii)

the spouse had not lived with the Judge at any time during that period; or

(b)

the spouse if paragraph (a) does not apply.

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