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High Court Justices (Long Leave Payments) Act 1979

Authoritative Version
Act No. 89 of 1979 as amended, taking into account amendments up to Act No. 144 of 2008
An Act to make provision for payments, in lieu of long leave, on the retirement or death of Justices of the High Court
Administered by: Attorney-General's
Registered 18 Dec 2008
Start Date 10 Dec 2008
Table of contents.

High Court Justices (Long Leave Payments) Act 1979

Act No. 89 of 1979 as amended

This compilation was prepared on 15 December 2008
taking into account amendments up to Act No. 144 of 2008

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  

 


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation....................................................................................... 1

4............ Payment on retirement or death of Justice........................................... 1

5............ Recipient of payment under section 4.................................................. 2

6............ Appropriation...................................................................................... 3

7............ Amount not payable on removal of Justice......................................... 4

Notes                                                                                                                                               5


An Act to make provision for payments, in lieu of long leave, on the retirement or death of Justices of the High Court

1  Short title [see Note 1]

                   This Act may be cited as the High Court Justices (Long Leave Payments) Act 1979.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which it receives the Royal Assent.

3  Interpretation

                   In this Act, unless the contrary intention appears:

judicial salary, in relation to a Justice, means salary at a weekly rate equal to one fifty‑second of the annual rate of salary that was payable to the Justice immediately before the Justice’s retirement or death.

Justice means a Justice of the High Court.

retirement, in relation to a Justice, means ceasing to be a Justice otherwise than by death.

4  Payment on retirement or death of Justice

             (1)  On:

                     (a)  the retirement of a Justice after having completed at least 10 years’ service as a Justice; or

                     (b)  the death of a Justice, whether or not he or she has completed 10 years’ service as a Justice;

an amount calculated in accordance with subsection (2) is payable in accordance with this Act.

             (2)  The amount payable under subsection (1) in respect of a Justice is an amount equal to the judicial salary of the Justice for:

                     (a)  a period of 52 weeks; or

                     (b)  a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice’s qualifying service;

whichever is the lesser period.

          (2A)  Where:

                     (a)  a Justice (not being a Justice to whom subsection (1) applies) is to cease to hold office as a Justice upon attaining a particular age, and the Justice ceases to be a Justice upon attaining that age; and

                     (b)  at the time of the Justice’s so ceasing, the period of his or her service as a Justice was not less than 6 years;

an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.

          (2B)  Where:

                     (a)  a Justice (not being a Justice to whom subsection (1) applies) retires; and

                     (b)  the Attorney‑General certifies under section 6 of the Judges’ Pensions Act 1968 that the retirement is due to permanent disability or infirmity;

an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.

          (2C)  The amount payable under subsection (2A) or (2B) in respect of a Justice is an amount equal to the judicial salary of the Justice for a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice’s qualifying service.

             (3)  In this section:

qualifying service, in relation to a Justice, means the period of his or her service as a Justice, other than any period of such service in respect of which the Justice has taken long leave or has been paid in lieu of such leave.

service as a Justice, in relation to a Justice, means the period that is to be regarded, in relation to the Justice, as service as a Judge for the purposes of section 6 of the Judges’ Pensions Act 1968.

5  Recipient of payment under section 4

             (1)  An amount payable under section 4 on the retirement of a Justice is payable to the Justice.

             (2)  An amount payable under section 4 on the death of a Justice is payable to:

                     (a)  where the Justice leaves a surviving spouse or de facto partner‑that surviving spouse or de facto partner;

                     (b)  where the Justice does not leave a surviving spouse or de facto partner but leaves a dependant or dependants‑that dependant or those dependants; or

                     (c)  in any other case‑the legal personal representative of the Justice.

          (2A)  If an amount is payable under paragraph (2)(a) and the Justice leaves more than one surviving spouse or de facto partner, the Attorney‑General may give a direction as to the distribution of the amount between or among them.

             (3)  Where an amount is payable under paragraph (2)(b) to the dependants of a Justice, the Attorney‑General may give a direction as to the distribution of the amount between or among those dependants.

             (4)  Where an amount is payable under this section to a person who is under a legal disability, the Attorney‑General may, instead of authorizing payment of the amount to the person, authorize payment of the amount to such trustee or trustees as the Attorney‑General appoints to be held by that trustee or those trustees upon such trusts for the benefit of the person as the Attorney‑General directs.

             (5)  In this section:

surviving spouse or de facto partner of a Justice who has died means a person who was the spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) of the Justice immediately before he or she died.

6  Appropriation

                   Payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

7  Amount not payable on removal of Justice

                   Unless the Governor‑General otherwise directs, an amount is not payable under this Act by reason of the removal of a Justice under section 72 of the Constitution.

 


Notes to the High Court Justices (Long Leave Payments) Act 1979

Note 1

The High Court Justices (Long Leave Payments) Act 1979 as shown in this compilation comprises Act No. 89, 1979 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

High Court Justices (Long Leave Payments) Act 1979

89, 1979

31 Aug 1979

31 Aug 1979

 

Justices (Long Leave Payments) Amendment Act 1985

1, 1985

14 Mar 1985

14 Mar 1985

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008

144, 2008

9 Dec 2008

Schedule 2 (items 53–56): 10 Dec 2008

Sch. 2 (item 56)


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Ss. 3, 4................................

am. No. 1, 1985

S. 5......................................

am. No. 144, 2008


Table A

Application, saving or transitional provisions

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (No. 144, 2008)

Schedule 2

56  Application

The amendments of the High Court Justices (Long Leave Payments) Act 1979 made by this Part apply in respect of a Justice who dies on or after the commencement of this item.