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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 and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021
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 and Family Court of Australia (Division 2)) and persons having the status of Judges
Administered by: Attorney-General's
Registered 06 Nov 2021
Start Date 01 Sep 2021
Table of contents.

Commonwealth Coat of Arms of Australia

Judges (Long Leave Payments) Act 1979

No. 90, 1979

Compilation No. 6

Compilation date:                              1 September 2021

Includes amendments up to:            Act No. 13, 2021

Registered:                                         6 November 2021

About this compilation

This compilation

This is a compilation of the Judges (Long Leave Payments) Act 1979 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

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

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

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

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

3B......... Service in more than one judicial office............................................... 2

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

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

6............ Appropriation...................................................................................... 5

7............ Amount not payable on removal of Justice......................................... 5

Endnotes                                                                                                                                      6

Endnote 1—About the endnotes                                                                              6

Endnote 2—Abbreviation key                                                                                  8

Endnote 3—Legislation history                                                                               9

Endnote 4—Amendment history                                                                           10


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 and Family Court of Australia (Division 2)) 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 and Family Court of Australia (Division 2)); 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).

3B  Service in more than one judicial office

                   To avoid doubt, a person may satisfy the definition of Judge at a particular time even if the person also holds, at the same time, an office as a Judge of the Federal Circuit and Family Court of Australia (Division 2).

Note:          See paragraph (a) of the definition of Judge in section 3.

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—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Judges (Long Leave Payments) Act 1979

90, 1979

31 Aug 1979

31 Aug 1979 (s 2)

 

Justices (Long Leave Payments) Amendment Act 1985

1, 1985

14 Mar 1985

14 Mar 1985 (s 2)

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

49, 1992

17 June 1992

1 July 1992 (s 2)

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

143, 1992

7 Dec 1992

Sch 1: 1 Nov 1991 (s 2(3))

Federal Magistrates (Consequential Amendments) Act 1999

194, 1999

23 Dec 1999

Sch 17: 23 Dec 1999 (s 2(1))

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

144, 2008

9 Dec 2008

Sch 2 (items 57–60): 10 Dec 2008 (s 2(1) item 11)

Sch 2 (item 60)

Federal Circuit Court of Australia Legislation Amendment Act 2012

165, 2012

28 Nov 2012

Sch 1 (items 403, 404): 12 Apr 2013 (s 2(1) item 4)

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

13, 2021

1 Mar 2021

Sch 2 (items 481–483): 1 Sept 2021 (s 2(1) item 5)

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

am No 194, 1999; No 165, 2012; No 13, 2021

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

am No 1, 1985; No 49, 1992; No 143, 1992; No 194, 1999; No 165, 2012; No 13, 2021

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

ad No 143, 1992

s 3B.....................................

ad No 13, 2021

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

am No 1, 1985

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

am No 144, 2008