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Judges (Long Leave Payments) Act 1979

Authoritative Version
Act No. 90 of 1979 as amended, taking into account amendments up to Federal Circuit Court of Australia Legislation Amendment Act 2012
An Act to make provision for payments, in lieu of long leave, on the retirement or death of certain Judges (other than Justices of the High Court and Judges of the Federal Circuit Court of Australia) and persons having the status of Judges
Administered by: Attorney-General's
Registered 15 May 2013
Start Date 12 Apr 2013
Table of contents.

Commonwealth Coat of Arms

Judges (Long Leave Payments) Act 1979

No. 90, 1979 as amended

Compilation start date:                     12 April 2013

Includes amendments up to:            Act No. 165, 2012

 

About this compilation

The compiled Act

This is a compilation of the Judges (Long Leave Payments) Act 1979 as amended and in force on 12 April 2013. It includes any amendment affecting the compiled Act to that date.

This compilation was prepared on 10 May 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

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

3A......... Consecutive appointments................................................................... 2

4............ Payment on retirement or death of Judge............................................ 2

5............ Recipient of payment under section 4.................................................. 3

6............ Appropriation...................................................................................... 4

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

Endnotes                                                                                                                                      5

Endnote 1—Legislation history                                                                               5

Endnote 2—Amendment history                                                                             7

Endnote 3—Uncommenced amendments [none]                                            8

Endnote 4—Misdescribed amendments [none]                                               9


An Act to make provision for payments, in lieu of long leave, on the retirement or death of certain Judges (other than Justices of the High Court and Judges of the Federal Circuit Court of Australia) and persons having the status of Judges

1  Short title

                   This Act may be cited as the Judges (Long Leave Payments) Act 1979.

2  Commencement

                   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:

Judge means:

                     (a)  a Judge of a federal court (other than the High Court or the Federal Circuit Court of Australia); or

                     (b)  a person who, by virtue of an Act, has the same status as a Judge of a court referred to in paragraph (a); or

                     (c)  a person who was a Judge of the Supreme Court of the Australian Capital Territory immediately before the commencement of the A.C.T. Supreme Court (Transfer) Act 1992.

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

retirement, in relation to a Judge, means ceasing to be a Judge otherwise than by death (see also section 3A).

3A  Consecutive appointments

             (1)  If:

                     (a)  a person’s appointment as a Judge terminates; and

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

the person is taken, for the purposes of this Act, not to retire when the earlier appointment terminates.

             (2)  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).

4  Payment on retirement or death of Judge

             (1)  On:

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

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

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 Judge is an amount equal to the judicial salary of the Judge 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 Judge’s qualifying service;

whichever is the lesser period.

          (2A)  Where:

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

                     (b)  at the time of the Judge’s so ceasing, the period of his or her service as a Judge 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 Judge (not being a Judge 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 Judge is an amount equal to the judicial salary of the Judge for a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Judge’s qualifying service.

             (3)  In this section:

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

service as a Judge, in relation to a Judge, means the period that is to be regarded, in relation to the Judge, 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 Judge is payable to the Judge.

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

                     (a)  where the Judge leaves a surviving spouse or de facto partner—that surviving spouse or de facto partner;

                     (b)  where the Judge 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 Judge.

          (2A)  If an amount is payable under paragraph (2)(a) and the Judge 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 Judge, 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 Judge 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 Judge 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 Judge under section 72 of the Constitution or under any similar provision in an Act.


Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Judges (Long Leave Payments) Act 1979.

 

Act

Number and year

Assent date

Commencement
date

Application, saving and transitional provisions

Judges (Long Leave Payments) Act 1979

90, 1979

31 Aug 1979

31 Aug 1979

 

Justices (Long Leave Payments) Amendment Act 1985

1, 1985

14 Mar 1985

14 Mar 1985

A.C.T. Supreme Court (Transfer) Act 1992

49, 1992

17 June 1992

1 July 1992

Law and Justice Legislation Amendment Act (No. 4) 1992

143, 1992

7 Dec 1992

1 Nov 1991 (a)

Federal Magistrates (Consequential Amendments) Act 1999

194, 1999

23 Dec 1999

Schedule 17: 23 Dec 1999 (b)

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

144, 2008

9 Dec 2008

Schedule 2 (items 57–60): 10 Dec 2008

Sch. 2 (item 60)

Federal Circuit Court of Australia Legislation Amendment Act 2012

165, 2012

28 Nov 2012

Schedule 1 (items 403, 404): 12 Apr 2013

 

(a)             The Judges (Long Leave Payments) Act 1979 was amended by section 3 of the Law and Justice Legislation Amendment Act (No. 4) 1992, subsection 2(3) of which provides as follows:

                  (3) The amendments of the Family Law Act 1975 (other than the amendment inserting a new section 37C of that Act), and the amendments of the Judges (Long Leave Payments) Act 1979 and the Judges' Pensions Act 1968, made by this Act are taken to have commenced on 1 November 1991.

(b)             The Judges (Long Leave Payments) Act 1979 was amended by Schedule 17 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Judges (Long Leave Payments) Act 1979.

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

Title....................................

am. No. 194, 1999; No. 165, 2012

s. 3......................................

am. No. 1, 1985; Nos. 49 and 143, 1992; No. 194, 1999; No. 165, 2012

s. 3A...................................

ad. No. 143, 1992

s. 4......................................

am. No. 1, 1985

s. 5......................................

am. No. 144, 2008

 

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

 

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.