s 3AA
In forceSurviving partners
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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