{"id":"governors-pensions-act-1976","name":"Governors' Pensions Act 1976","slug":"governors-pensions-act-1976","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":61987,"registerId":"sa-governors-pensions-act-1976-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Governors' Pensions Act 1976","content":"South Australia\nGovernors' Pensions Act 1976\nAn Act to provide for the payment of pensions to certain former Governors of the State and for the spouses or domestic partners of certain deceased Governors and former Governors and for other purposes.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tOrder for payment of pensions\n4\tAmount of pension\n5\tTime from which pension is payable etc\n5A\tAdjustment of pensions\n6\tAppropriation\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Governors' Pensions Act 1976.\n2—Interpretation\nIn this Act, unless the contrary intention appears—\ndeceased Governor means a Governor who died while in office as Governor;\ndomestic partner—\n\t(a)\tin relation to a deceased Governor, means—\n\t(i)\ta person declared under the Family Relationships Act 1975 to have been the domestic partner of the Governor as at the date of the Governor's death; or\n\t(ii)\ta person who was in a registered relationship with the Governor as at the date of the Governor's death;\n\t(b)\tin relation to a deceased former Governor, means—\n\t(i)\ta person declared under the Family Relationships Act 1975 to have been the domestic partner of the former Governor as at the date of the former Governor's death; or\n\t(ii)\ta person who was in a registered relationship with the former Governor as at the date of the former Governor's death;\nformer Governor means any person who—\n\t(a)\twas appointed to be Governor of the State; and\n\t(b)\thas ceased to hold that office—\n\t(i)\tafter having served in that office for a period (excluding periods of furlough) of not less than four years and six months; or\n\t(ii)\tupon the Treasurer being satisfied that the cessation arose from a mental or physical incapacity to perform the duties of that office;\nfurlough, in relation to a Governor, means absence from office for recreational purposes for a continuous period of more than one month;\nGovernor means a Governor of the State;\nOrder means an order made under section 3 of this Act;\npension means an annual pension provided for and authorised pursuant to an Order;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;\nsalary in relation to a former Governor or a deceased Governor, as the case may be, means the salary payable pursuant to section 73 of the Constitution Act 1934—\n\t(a)\tto that former Governor immediately before that former Governor ceased to be Governor; or\n\t(b)\tto that deceased Governor immediately before the death of that deceased Governor;\nspouse—\n\t(a)\tin relation to a deceased Governor—means a person who was, as at the date of the Governor's death, legally married to the Governor;\n\t(b)\tin relation to a deceased former Governor—means a person who was, as at the date of the former Governor's death, legally married to the former Governor.\n3—Order for payment of pensions\n\t(1)\tSubject to this Act, the Treasurer may by Order published in the Gazette provide for and authorise the payment of an annual pension for life to—\n\t(a)\ta former Governor; or\n\t(b)\tthe spouse or domestic partner of a deceased former Governor; or\n\t(c)\tthe spouse or domestic partner of a deceased Governor,\nin each case of an amount provided for in the Order.\n\t(2)\tThe Treasurer may also pay to a former Governor or the estate of a deceased Governor an amount sufficient to defray any liability to tax (including interest on tax) under the law of the Commonwealth arising because of superannuation entitlements under this Act.\n4—Amount of pension\n\t(1)\tExcept as is provided in section 5A, the amount of pension shall not—\n\t(a)\tin the case of a former Governor, exceed 30 per cent of the salary of that former Governor; or\n\t(b)\tin the case of the spouse or domestic partner of a deceased former Governor, exceed 75 per cent of the pension of that deceased former Governor payable immediately before the death of that former Governor; or\n\t(c)\tin the case of the spouse or domestic partner of a deceased Governor, exceed 22.5 per cent of the salary of that deceased Governor.\n\t(3)\tIn determining an amount of pension the Treasurer may have regard to any other pension or retiring allowance paid or payable to a former Governor, or the spouse or domestic partner of a deceased Governor or deceased former Governor in respect of any remunerative activity undertaken by the Governor or former Governor before that Governor or former Governor became Governor.\n5—Time from which pension is payable etc\n\t(1)\tEach pension shall be payable on and from the day specified in the Order which may be a day that occurs before, on or after the day on which the Order is made.\n\t(2)\tEvery pension shall be payable fortnightly but shall accrue due from day to day.\n5A—Adjustment of pensions\n\t(1)\tThe Treasurer must adjust the amount of the pensions under this Act from the first payment of pension in each adjustment period to reflect—\n\t(a)\tin the case of an April adjustment period—the percentage variation (rounded to two decimal places) between the Consumer Price Index for the immediately preceding December quarter and the Consumer Price Index for the immediately preceding June quarter; and\n\t(b)\tin the case of an October adjustment period—the percentage variation (rounded to two decimal places) between the Consumer Price Index for the immediately preceding June quarter and the Consumer Price Index for the immediately preceding December quarter.\n\t(2)\tIf on the first day of the relevant adjustment period, the pension has been payable for a period of less than six months, the extent of the adjustment will be reduced to reflect the proportion which the period of payment of the pension bears to six months.\n\t(3)\tTo avoid a reduction in pensions the Treasurer may direct that subsection (1) does not apply in relation to a particular adjustment period.\n\t(4)\tIn that event an adjustment in the next adjustment period in relation to which subsection (1) applies will be based on the variation between the Consumer Price Index for the June or December quarter (whichever is applicable) immediately preceding that period and the Consumer Price Index for the June or December quarter (whichever is applicable) immediately preceding the adjustment period in relation to which subsection (1) last applied.\n\t(5)\tIn this section—\nadjustment period means the period of six months commencing at the commencement of 1 April and 1 October in each year;\nApril adjustment period means an adjustment period commencing at the commencement of 1 April in any year;\nthe Consumer Price Index means the Consumer Price Index (All groups index for Adelaide);\nOctober adjustment period means an adjustment period commencing at the commencement of 1 October in any year.\n6—Appropriation\nAny payment to be made under this Act is to be made from the Consolidated Account (which is appropriated to the necessary extent).\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1976\n29\nGovernors' Pensions Act 1976\n1.7.1976\n1.7.1976\n1981\n64\nGovernors' Pensions Act Amendment Act 1981\n8.10.1981\n8.10.1981\n2001\n40\nStatutes Amendment (Indexation of Superannuation Pensions) Act 2001\n3.8.2001\nPt 2 (ss 4 & 5)—1.1.2002: s 2\n2001\n51\nStatutes Amendment (Governor's Remuneration) Act 2001\n11.10.2001\nPt 3 (ss 6—8)—5.11.2001 (Gazette 25.10.2001 p4687)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 41 (ss 116—120)—1.6.2007 (Gazette 26.4.2007 p1352)\n2017\n13\nStatutes Amendment (Registered Relationships) Act 2017\n26.4.2017\nPt 5 (s 9)—1.8.2017 (Gazette 1.8.2017 p3039)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 43/2006 s 116\n1.6.2007\ns 2\n\n\ndomestic partner\ninserted by 43/2006 s 117(1)\n1.6.2007\n\nsubstituted by 13/2017 s 9(1)\n1.8.2017\nformer Governor\namended by 64/1981 s 2(a)\n8.10.1981\nfurlough\ninserted by 64/1981 s 2(b)\n8.10.1981\nregistered relationship\ninserted by 13/2017 s 9(2)\n1.8.2017\nspouse\nsubstituted by 43/2006 s 117(2)\n1.6.2007\ns 3\n\n\ns 3(1)\ns 3 redesignated as s 3(1) by 51/2001 s 6\n5.11.2001\n\namended by 43/2006 s 118\n1.6.2007\ns 3(2)\ninserted by 51/2001 s 6\n5.11.2001\ns 4\n\n\ns 4(1)\namended by 51/2001 s 7\n5.11.2001\n\namended by 40/2001 s 4(a)\n1.1.2002\n\namended by 43/2006 s 119(1)\n1.6.2007\ns 4(2)\ndeleted by 40/2001 s 4(b)\n1.1.2002\ns 4(3)\namended by 43/2006 s 119(2)\n1.6.2007\ns 5A\ninserted by 40/2001 s 5\n1.1.2002\ns 6\nsubstituted by 51/2001 s 8\n5.11.2001\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Domestic Partners) Act 2006\n120—Transitional provision\nAn amendment made by a provision of this Act to a provision of the Governors' Pensions Act 1976 that provides for, or relates to, the payment of a pension to a person on the death of a Governor, or former Governor, applies only if the death occurs after the commencement of the amendment.\nHistorical versions\nReprint No 1—15.8.1991\n\nReprint No 2—5.11.2001\n\nReprint No 3—1.1.2002\n\n1.6.2007\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1976 Act appears to have covered only spouses of Governors. The scope expanded significantly through amendments: the 2006 Domestic Partners amendment added de facto partners, and the 2017 Registered Relationships amendment further expanded to include registered relationships. Additionally, the 2001 amendments added tax liability coverage (section 3(2)) and automatic CPI indexation (section 5A), transforming a simple fixed pension scheme into an inflation-adjusted system with tax protections."},"complexity_factors":["11 defined terms in the interpretation section (section 2)","Nested definitions for 'domestic partner' with separate rules for deceased Governors vs deceased former Governors","Cross-references to three other Acts: Family Relationships Act 1975, Relationships Register Act 2016, and Constitution Act 1934","Mathematical indexation formula in section 5A requiring CPI calculations and rounding to two decimal places","Proportional reduction rule for pensions paid less than six months (section 5A(2))","Conditional exception power allowing Treasurer to skip adjustment periods (section 5A(3))","Multiple eligibility thresholds: 4.5 years service OR incapacity determination by Treasurer"],"plain_english_summary":"This South Australian law sets up a pension scheme for former State Governors and their surviving partners. Here's what it does:\n\n**Who gets a pension?**\n- **Former Governors** who served at least 4.5 years (excluding long holidays over one month) or who left due to mental or physical incapacity\n- **Spouses or domestic partners** of Governors who died while in office\n- **Spouses or domestic partners** of former Governors who died after leaving office\n\n**How much do they get?**\n- Former Governors: up to 30% of their final salary\n- Partners of deceased former Governors: up to 75% of what the Governor was receiving\n- Partners of Governors who died in office: up to 22.5% of the Governor's final salary\n\n**Key features:**\n- The Treasurer decides the exact amount within these caps and publishes the decision in the Gazette (the official government notices)\n- Pensions are adjusted twice yearly (April and October) based on inflation (Consumer Price Index)\n- Payments come from the state's Consolidated Account (the main government bank account)\n- The Treasurer can also cover any Commonwealth tax liabilities arising from these superannuation entitlements\n\n**Modern updates:**\nThe law has been updated over time to recognise **domestic partners** (including registered relationships) alongside spouses, ensuring same-sex and de facto partners receive equal treatment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been expanded and clarified by later amendments: definition and eligibility adjustments (1981: former Governor definition and furlough), statutory indexation of pensions (2001: s 5A), changes to payment/appropriation mechanics (2001), recognition of domestic partners and substitution of spouse definitions (2006), and explicit inclusion of registered relationships (2017). These changes broaden who can qualify and added indexation, tax‑defray and relationship‑model considerations to administration."},"complexity_factors":["Treasurer's discretionary power to authorise pensions by Order (s 3) — discretionary design raises interpretive and administrative decisions about amounts and commencement dates","Eligibility rules with service threshold (4 years 6 months) and incapacity carve‑out in the definition of former Governor (s 2)","Different percentage caps for classes of recipients (former Governor 30%; spouse/domestic partner of deceased former Governor up to 75% of that pension; spouse/domestic partner of deceased Governor 22.5%) (s 4(1))","CPI indexation formula and timing, with pro rata reduction for short‑paid pensions and a Treasurer power to suspend an adjustment period (s 5A) — precise quarterly CPI comparisons required","Cross‑references to other statutes to define spouse, domestic partner and registered relationships (Family Relationships Act 1975; Relationships Register Act 2016) (s 2) — interoperability complexity","Provision for payment of Commonwealth tax liabilities arising from superannuation entitlements (s 3(2)) — creates additional fiscal exposure","Payment mechanics: fortnightly payments that accrue daily and possible backdating to a date before the Order (s 5) — administration and payroll implications","Funding labelled as from the Consolidated Account (s 6) and multiple historical amendments (legislative history) increasing interpretive points about transitional operation"],"plain_english_summary":"*This Act* allows the Treasurer, by Gazette Order, to grant annual lifetime pensions to former Governors and to the spouse or domestic partner of a deceased Governor or former Governor. Pensions are capped as percentages of the Governor's salary, may be backdated, are paid fortnightly and are index‑adjusted twice yearly to Adelaide CPI; payments come from the Consolidated Account.\n\nIt affects former Governors and surviving partners; the Treasurer has discretion within statutory caps, may meet Commonwealth tax on related superannuation, and eligibility depends on service length or certified incapacity and on relationship status under other Acts."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The Act title suggests a tightly scoped instrument focused solely on pension entitlements for South Australian Governors, with no evidence of scope change available from the materials provided."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 error, making substantive analysis impossible","Based on title alone, the Act appears to have a very narrow and specific subject matter (pensions for a single class of office-holder)","Historical Acts of this type tend to be short with limited operative provisions"],"plain_english_summary":"The Governors' Pensions Act 1976 (SA) sets the legal basis for publicly funded retirement payments for former Governors of South Australia, and may extend to their surviving spouses or dependants; it therefore affects those individuals and the taxpayers who fund such payments. The full text couldn’t be retrieved from the government site (404 error), so no finer details can be confirmed here."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/governors-pensions-act-1976","history":"/api/acts/governors-pensions-act-1976/history","analysis":"/api/acts/governors-pensions-act-1976/analysis","conflicts":"/api/acts/governors-pensions-act-1976/conflicts","importantCases":"/api/acts/governors-pensions-act-1976/important-cases","documents":"/api/acts/governors-pensions-act-1976/documents"}}