{"id":"judges-pensions-act-1971","name":"Judges' Pensions Act 1971","slug":"judges-pensions-act-1971","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105591,"registerId":"sa-judges-pensions-act-1971-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judges' Pensions Act 1971","content":"South Australia\nJudges' Pensions Act 1971\nAn Act to make provision for pensions for Judges and their surviving spouses or domestic partners, and for purposes incidental thereto.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\nPart 2—Pensions\n5\tCertain pensions not payable\n6\tPension on retirement or resignation\n6A\tPreservation of pensions on resignation before 60\n7\tPension on resignation on ground of invalidity etc\n8\tDeath of Judge or former Judge\n9\tDivision of benefit where deceased Judge or former Judge is survived by spouse and domestic partner\n9A\tSpouse entitlement subject to any Family Law determination \n10\tOrphans\n10A\tDetermination of child benefit\n10B\tChild benefit general\n10C\tChild benefit where no spouse or domestic partner pension payable\n10D\tTo whom child benefit payable\n10E\tCessation of child benefits\n10F\tAssumed day of becoming eligible child\n11\tMinimum pensions\n13\tPension not payable on removal of Judge\n14\tPayment of pensions\n14A\tAdjustment of pensions\n15\tRefund of certain contributions\n17A\tCommutation of pension to pay deferred superannuation contributions surcharge\nPart 2A—Family Law Act provisions\n17B\tPurpose of this Part\n17C\tInterpretation\n17E\tValue of interest\n17F\tNon-member spouse's entitlement\n17G\tEntitlement where pension is in growth phase\n17H\tEntitlement where pension is in payment phase\n17I\tPayment of non-member spouse's entitlement\n17J\tReduction in Judge's entitlement\n17K\tPension not payable to spouse or domestic partner on death of Judge if split has occurred\n17L\tTreasurer to comply with Commonwealth requirements \n17M\tPayment of benefit\n17N\tFees\n17O\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Judges' Pensions Act 1971.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nage of retirement in relation to a Judge, means the age prescribed as the age of retirement in relation to the Judge by the Act or enactment under which he is or was appointed;\nthe Consumer Price Index means the Consumer Price Index (All groups index for Adelaide);\ndomestic partner—\n\t(a)\tin relation to a deceased Judge, means—\n\t(i)\ta person declared under the Family Relationships Act 1975 to have been the domestic partner of the Judge as at the date of the Judge's death; or\n\t(ii)\ta person who was in a registered relationship with the Judge as at the date of the Judge's death;\n\t(b)\tin relation to a deceased former Judge, means—\n\t(i)\ta person declared under the Family Relationships Act 1975 to have been the domestic partner of the former Judge as at the date of the former Judge's death; or\n\t(ii)\ta person who was in a registered relationship with the former Judge as at the date of the former Judge's death;\neligible child means the child or adopted child—\n\t(a)\tof a deceased Judge or deceased former Judge; or\n\t(b)\tof the spouse or domestic partner of a deceased Judge or deceased former Judge, not being a child—\n\t(i)\tborn of a pregnancy that commenced after the death of the Judge or former Judge; or\n\t(ii)\tadopted after the death of the Judge or former Judge,\nwho—\n\t(c)\thas not attained the age of sixteen years; or\n\t(d)\thaving attained that age, has not attained the age of twenty-five years and is in full time attendance at an educational institution recognised by the Minister for the purposes of this definition;\nformer Judge means a person who has been a Judge and—\n\t(a)\twho is or was entitled to a preserved pension under section 6A; or\n\t(b)\twho is or has been in receipt of a pension under this Act not being a pension referred to in section 12;\nJudge means—\n\t(a)\tthe Chief Justice, the President and any puisne judge of the Supreme Court but does not include any person appointed pursuant to the Supreme Court Act 1935, as amended, to act in the stead of a puisne judge; or\n\t(ab)\ta Master of the Supreme Court (not being a person who, immediately before the commencement of the Statutes Amendment (Administration of Courts and Tribunals) Act 1981, held office as the master, or a deputy master of that Court); or\n\t(b)\ta Judge of the District Court of South Australia but does not include an acting Judge appointed under section 12(3) of the District Court Act 1991; or\n\t(d)\ta chairman or deputy chairman of the Licensing Court of South Australia first appointed as such after the commencement of this Act; or\n\t(e)\ta person declared by proclamation to be included in the definition of a Judge for the purposes of this Act;\njudicial service in relation to a Judge or former Judge, means service, in any of the capacities referred to in paragraphs (a) to (d) inclusive of the definition of Judge in this section, whether occurring before or after the commencement of this Act and any service while acting in any of those capacities, whether such service occurred before or after the commencement of this Act and includes any other service declared by proclamation to be judicial service for the purposes of this Act;\nnotional pension—\n\t(a)\tin relation to a deceased Judge, means the pension that would have been payable to that Judge if—\n\t(i)\the had retired on the day he died; and\n\t(ii)\tthe period elapsing between the day on which he died and the day on which, had he attained the age of retirement, he would have retired was included in his judicial service; and\n\t(iii)\this salary immediately before he died was his salary immediately before he retired; and\n\t(iv)\the had been in receipt of a pension on the day in relation to which the expression is used; and\n\t(b)\tin relation to a deceased former Judge means—\n\t(i)\tin the case of a former Judge whose pension was preserved under section 6A and who was not in receipt of the pension immediately before his or her death—a pension that is equivalent to 60 per cent of the salary payable to the former Judge immediately before he or she resigned adjusted to reflect changes in the Consumer Price Index between the date of resignation and the day on which the spouse or domestic partner pension or child benefit in relation to which the term is used first becomes payable and that in relation to a child benefit is subject to adjustment under section 14A as though the former Judge had survived and been in receipt of the pension;\n\t(ii)\tin any other case—the pension that would have been payable to the deceased former Judge if he or she had been in receipt of a pension on the day on which the spouse or domestic partner pension or child benefit in relation to which the term is used first becomes payable;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;\nretires in relation to a Judge, means ceases to be a Judge by reason of having attained the age of retirement;\nresigns in relation to a Judge, means ceases to be a Judge otherwise than by retirement or death;\nsalary in relation to a Judge who has retired, resigned or died, means the salary payable to that Judge immediately before he so retired, resigned or died;\nspouse—\n\t(a)\tin relation to a deceased Judge—means a person who was, as at the date of the Judge's death, legally married to the Judge;\n\t(b)\tin relation to a deceased former Judge—means a person who was, as at the date of the former Judge's death, legally married to the former Judge.\n\t(2)\tWhere a Judge was on leave without pay immediately before he or she retired, resigned or died, the salary payable to the Judge immediately before he or she retired, resigned or died will be taken for the purposes of this Act to be the salary that would have been payable to the Judge if he or she had not been on leave without pay at that time.\nPart 2—Pensions\n5—Certain pensions not payable\n\t(1)\tUnless the Governor directs otherwise, a pension under this Act is not payable to or in respect of a Judge who is first appointed such a Judge within the period of five years immediately preceding the day on which he would attain the age of retirement.\n\t(2)\tIf, immediately before his or her appointment as a Judge, a Judge, to or in respect of whom a pension is not payable by virtue of subsection (1), was a contributor within the meaning of the Superannuation Act 1988, then despite anything in that Act, that Act applies to, and has effect in relation to, the Judge as if—\n\t(a)\the or she were an employee within the meaning of that Act; and\n\t(b)\this or her judicial service were service as such an employee; and\n\t(c)\the or she contributed, during the period of his or her judicial service, at the standard contribution rate within the meaning of that Act.\n6—Pension on retirement or resignation\nWhere a Judge—\n\t(a)\tretires; or\n\t(b)\thaving had not less than ten years' judicial service and having attained the age of sixty years, resigns;\nthe Judge shall be entitled to a pension at a rate equal to the sum of—\n\t(c)\tforty per centum of his salary; and\n\t(d)\tone per centum of his salary for each complete six months of his judicial service other than the first five years of that service,\nbut so that the rate of his pension shall not exceed sixty per centum of his salary.\n6A—Preservation of pensions on resignation before 60\n\t(1)\tA Judge whose judicial service is 15 years or more and who resigns before reaching the age of 60 years is not entitled to a pension immediately but becomes entitled to a pension—\n\t(a)\twhen the former Judge reaches the age of 60 years; or\n\t(b)\twhen the former Judge satisfies the Minister that because of invalidity his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent.\n\t(2)\tThe pension to which a former Judge is entitled under subsection (1) is 60 per cent of his or her salary.\n\t(3)\tThe spouse or domestic partner and the eligible child or children (if any) of a former Judge referred to in subsection (1) who has died are entitled to a pension or a child benefit (as the case requires) in accordance with the relevant provisions of this Act.\n\t(4)\tIn this section—\nsalary means the salary payable to the former Judge immediately before he or she resigned adjusted to reflect changes in the Consumer Price Index between the date of resignation and the date on which the pension first becomes payable.\n7—Pension on resignation on ground of invalidity etc\nWhere a Judge resigns, and the Minister certifies that his resignation is due to a permanent disability or infirmity, the Judge shall be entitled to a pension calculated on the basis that—\n\t(a)\the had retired on the day his resignation took effect; and\n\t(b)\tthe period elapsing between the day on which his resignation took effect and the day on which, had he attained the age of retirement, he would have retired was included in his judicial service; and\n\t(c)\this salary immediately before his resignation was his salary immediately before he retired,\nbut so that the rate of his pension shall not exceed sixty per centum of his salary.\n8—Death of Judge or former Judge\nIf a Judge or former Judge dies and is survived by a spouse or domestic partner, the spouse or domestic partner is entitled to a pension for life at the rate of two-thirds of the notional pension of the deceased Judge or former Judge.\n9—Division of benefit where deceased Judge or former Judge is survived by spouse and domestic partner\n\t(1)\tIf a deceased Judge, or deceased former Judge, is survived by a spouse and a domestic partner, any benefit to which a surviving spouse or domestic partner is entitled under this Act will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse or domestic partner (as the case may be).\n\t(2)\tIf a number of periods of cohabitation are to be aggregated for the purpose of determining an aggregate period of cohabitation for the purpose of subsection (1), any separate period of cohabitation of less than 3 months will be disregarded.\n\t(3)\tA surviving spouse or domestic partner must, at the request of the Treasurer, furnish the Treasurer with any information that the Treasurer requires for the purposes of making a division under subsection (1).\n\t(4)\tIf—\n\t(a)\ta deceased Judge, or deceased former Judge, is survived by a spouse and a domestic partner; and\n\t(b)\ta benefit is paid to 1 of them on the assumption that he or she is the sole surviving spouse or domestic partner of the deceased,\nthe other spouse or domestic partner has no claim on the benefit insofar as it has already been paid unless that spouse or domestic partner gave the Treasurer notice of his or her claim before the date of payment.\n9A—Spouse entitlement subject to any Family Law determination \nA pension is not payable to a spouse or domestic partner under section 6A(3) or 8 in a case where section 17K applies.\n10—Orphans\n\t(1)\tThere shall be payable in respect of each eligible orphan child of a Judge or former Judge a pension at the rate of three hundred and twelve dollars a year.\n\t(2)\tA pension payable under subsection (1) of this section may be paid to the guardian of the eligible orphan child and shall be used for the support or education of that child.\n\t(3)\tOn the commencement of the Judges' Pensions Act Amendment Act 1974, a pension payable to a person pursuant to this section shall cease and determine and on or after that commencement no pension shall be payable pursuant to this section.\n10A—Determination of child benefit\nFor the purposes of section 10B and section 10C of this Act the amount of child benefit for each eligible child deriving his entitlement for a child benefit from a Judge or former Judge shall be determined—\n\t(a)\ton each occasion on which a person becomes entitled to a child benefit derived from that Judge or former Judge; or\n\t(b)\ton the number of persons entitled to a child benefit derived from that Judge or former Judge diminishing; or\n\t(c)\ton each occasion on which pensions are adjusted pursuant to section 14A of this Act.\n10B—Child benefit general\n\t(1)\tExcept as is provided in section 10C of this Act there shall be payable in respect of each person who becomes an eligible child in relation to a deceased Judge or deceased former Judge a child benefit ascertained in the manner provided by subsection (2) of this section.\n\t(2)\tThe child benefit referred to in subsection (1) of this section shall be a fortnightly payment in respect of each such eligible child of an amount—\n\t(a)\tin the case of one or two eligible children, equal to one-ninth of the notional pension for the time being of the Judge or former Judge from whom the entitlement to a child benefit is derived; or\n\t(b)\tin the case of three or more such eligible children, equal to one-third of the notional pension for the time being of the Judge or former Judge from whom the entitlement to a child benefit is derived divided by the number of such children.\n10C—Child benefit where no spouse or domestic partner pension payable\n\t(1)\tThere shall be payable in respect of each person who becomes an eligible child in relation to a deceased Judge or deceased former Judge, where a pension deriving from that deceased Judge or deceased former Judge is not payable to the spouse or domestic partner of that Judge or former Judge, a child benefit ascertained in the manner provided by subsection (2) of this section.\n\t(2)\tThe child benefit referred to in subsection (1) of this section shall be a fortnightly payment in respect of each such eligible child of an amount—\n\t(a)\tin the case of one eligible child, equal to forty-five per centum of the notional pension for the time being of the Judge or former Judge from whom the entitlement to a child benefit is derived; and\n\t(b)\tin the case of two such eligible children, equal to forty per centum of the notional pension for the time being of the Judge or former Judge from whom the entitlement to a child benefit is derived; and\n\t(c)\tin the case of three such eligible children, equal to thirty per centum of the notional pension for the time being of the Judge or former Judge from whom the entitlement to a child benefit is derived; and\n\t(d)\tin the case of four or more such eligible children, equal to the notional pension for the time being of the Judge or former Judge from whom the entitlement to a child benefit is derived divided by the number of such children.\n10D—To whom child benefit payable\nAny amount payable by way of child benefit under this Act shall be payable—\n\t(a)\tto the spouse or domestic partner, if any, of the deceased Judge or deceased former Judge; or\n\t(b)\tto the eligible child; or\n\t(c)\tto some other person,\nas the Minister, in his discretion, determines.\n10E—Cessation of child benefits\nA child benefit under this Act shall cease to be payable in respect of a person who is an eligible child on that person ceasing to be an eligible child.\n10F—Assumed day of becoming eligible child\nNotwithstanding anything in this Act to the contrary an eligible child, in respect of whom a pension referred to in section 10 of this Act was payable immediately before the commencement of the Judges' Pensions Act Amendment Act 1974, shall be deemed to have become such a child on that commencement.\n11—Minimum pensions\n\t(1)\tNotwithstanding anything in section 6 or section 7 of this Act, a Judge to whom this section applies shall, if he becomes entitled to a pension pursuant to either of those sections, be entitled to a pension at the rate of not less than fifty per centum of his salary.\n\t(2)\tNotwithstanding anything in section 8 of this Act, in the application of that section to the surviving spouse or domestic partner of a Judge to whom this section applies, the pension that would have been payable to the Judge shall be deemed to be not less than fifty per centum of his salary.\n\t(3)\tThis section applies to a Judge who was in office as such immediately before the commencement of this Act and who retired, resigned or died after that commencement.\n13—Pension not payable on removal of Judge\nUnless the Governor otherwise directs, a pension under this Act is not payable to, or in relation to, a Judge who has been removed from office, whether pursuant to the Constitution Act 1934 or otherwise under an Act or law.\n14—Payment of pensions\n\t(1)\tPensions payable under this Act—\n\t(a)\taccrue due from day to day but are payable fortnightly; and\n\t(b)\tare payable by the Treasurer from the Consolidated Account (which is appropriated to the necessary extent) or from a special deposit account established by the Treasurer for that purpose.\n\t(2)\tIn this section—\nspecial deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987.\n14A—Adjustment of pensions\n\t(1)\tThe Treasurer must adjust the amount of 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.\n15—Refund of certain contributions\n\t(1)\tWhere on or after the commencement of this Act, a Judge, who has made a contribution for a pension pursuant to an Act amended by this Act—\n\t(a)\tresigns or is removed from office and is not entitled to a pension under this Act, that Judge shall be entitled to be paid an amount equal to the amount of his contributions for that pension; or\n\t(b)\tdies without leaving a spouse, domestic partner or eligible orphan child entitled to a pension under this Act, there shall be paid to the legal personal representative of that Judge an amount equal to the amount of his contributions for that pension.\n\t(2)\tAmounts referred to in subsection (1) are payable by the Treasurer out of the Consolidated Account (which is appropriated to the necessary extent).\n17A—Commutation of pension to pay deferred superannuation contributions surcharge\n\t(1)\tThe Treasurer will, on the application of a former Judge who is entitled to a pension and who is liable for a deferred superannuation contributions surcharge, commute so much of the pension as is required to provide a lump sum equivalent to the amount of the surcharge.\n\t(2)\tAn application under subsection (1) must be made in writing to the Treasurer before the expiration of the period of three months immediately following the date on which the notice given to the former Judge by the Commissioner of Taxation under section 15(7) of the Commonwealth Act was issued.\n\t(3)\tWhere—\n\t(a)\t—\n\t(i)\ta Judge, or former Judge, who is liable for a deferred superannuation contributions surcharge dies before notice by the Commissioner of Taxation under section 15(7) of the Commonwealth Act is issued; or\n\t(ii)\ta former Judge who is liable for a deferred superannuation contributions surcharge dies within three months after the issue of such a notice without having commuted his or her pension under subsection (1); and\n\t(b)\tthe Judge is survived by a spouse or domestic partner who is entitled to a pension as the Judge's spouse or domestic partner under this Act,\nthe Treasurer will, subject to subsection (5) on the application of the spouse or domestic partner, commute so much of the pension of the spouse or domestic partner as is required to provide a lump sum equivalent to the amount of the surcharge.\n\t(4)\tAn application under subsection (3) must be made in writing to the Treasurer before the expiration of the period of six months immediately following the Judge's death or the issue of the notice under section 15(7) of the Commonwealth Act, whichever is the later.\n\t(5)\tThe Treasurer must not commute a pension under subsection (3) unless he or she is satisfied that the resulting lump sum will be applied in payment of the surcharge or be used to reimburse the deceased Judge's estate or the spouse, domestic partner or other person who has paid the surcharge on behalf of the estate.\n\t(6)\tThe commutation factors to be applied in the commutation of a pension under this section will be determined by the Treasurer on the recommendation of an actuary.\n\t(7)\tIn this section—\nactuary means a Fellow or Accredited Member of the Institute of Actuaries of Australia;\nthe Commonwealth Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997;\ndeferred superannuation contributions surcharge in relation to a former Judge means the amount that the former Judge is liable to pay to the Commissioner under section 15(6) of the Commonwealth Act.\nPart 2A—Family Law Act provisions\n17B—Purpose of this Part\nThe purpose of this Part is to facilitate the division under the Family Law Act 1975 of the Commonwealth of interests between spouses or domestic partners who have separated.\n17C—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth regulations means the Family Law (Superannuation) Regulations 2001 (No. 303 as amended) of the Commonwealth;\neligible person, in relation to an interest of a Judge under this Act, has the same meaning as in section 90MZB of the Family Law Act 1975 of the Commonwealth;\nflag lifting agreement has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\ngrowth phase has the same meaning as in the Commonwealth regulations;\nJudge includes a former Judge;\nmember spouse has the same meaning as in Part VIIIB of the Family Law Act 1975  of the Commonwealth;\nnon-member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975  of the Commonwealth;\noperative time has the same meaning as in Part VIIIB of the Family Law Act 1975  of the Commonwealth;\npayment phase has the same meaning as in the Commonwealth regulations;\npayment split has the same meaning as in Part VIIIB of the Family Law Act 1975  of the Commonwealth;\nrelevant date has the same meaning as in the Commonwealth regulations;\nscheme means the pension scheme for Judges established under this Act;\nSIS Act means the  Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\nSouthern State Superannuation Fund means the fund of that name continued in existence under the Southern State Superannuation Act 2009;\nsplitting instrument means—\n\t(a)\ta superannuation agreement; or\n\t(b)\ta flag lifting agreement that provides for a payment split; or\n\t(c)\ta splitting order;\nsplitting order has the same meaning as in Part VIIIB of the Family Law Act 1975  of the Commonwealth;\nsuperannuation agreement has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth.\n17E—Value of interest\n\t(1)\tFor the purposes of this Part (but subject to subsection (2)), the value of any interest will be determined in accordance with Part 5 of the Commonwealth regulations (insofar as those regulations provide a method for determining that value), subject to any modification prescribed by regulation under this Act.\n\t(2)\tAn approval of the Commonwealth Minister under regulation 38 or 43A of the Commonwealth regulations that relates to an interest under this Act will have effect for the purposes of this Part.\n17F—Non-member spouse's entitlement\n\t(1)\tSubject to subsection (2), the Treasurer must, on receipt of a splitting instrument, create an interest for the non-member spouse named in the instrument.\n\t(2)\tIf the member spouse has less than 10 years judicial service at the time of service of the splitting instrument on the Treasurer, the Treasurer will create the interest for the non-member spouse when—\n\t(a)\tthe member spouse attains 10 years of judicial service; or\n\t(b)\tthe member spouse ceases to be a Judge,\nwhichever first occurs.\n\t(3)\tThe form of the non-member spouse's interest will be determined on the basis of whether the member spouse's benefit is in the growth phase or the payment phase and by reference to the provisions of the instrument.\n17G—Entitlement where pension is in growth phase\n\t(1)\tIf the Treasurer is served with a splitting instrument in respect of a pension that is in the growth phase, the non-member spouse is not entitled to receive his or her entitlement in the form of a pension commencing at the same time as the member spouse's pension under this Act but is, instead, (subject to section 17F(2)) entitled to have a lump sum determined under this section paid on his or her behalf in accordance with this Part.\n\t(2)\tThe lump sum to which a non-member spouse is entitled, as at the operative time, will be determined—\n\t(a)\twhere the splitting instrument specifies a percentage of the member spouse's benefit for the purposes of the split—in accordance with the Commonwealth regulations;\n\t(b)\tsubject to subsection (3), where the splitting instrument specifies a lump sum amount for the purposes of the split—by adopting that lump sum.\n\t(3)\tThe value of a lump sum payable to a non-member spouse under this section must not exceed the value of the member spouse's interest.\n17H—Entitlement where pension is in payment phase\n\t(1)\tIf the Treasurer is served with a splitting instrument in respect of a pension that is in the payment phase, the Treasurer must split the pension between the member spouse and non-member spouse in accordance with the instrument, with effect from the operative time.\n\t(2)\tThe non-member spouse may—\n\t(a)\t—\n\t(i)\tin accordance with the terms of the splitting instrument; or\n\t(ii)\tby notice in writing given to the Treasurer within the prescribed period,\nelect to have the whole of his or her entitlement determined under subsection (1) converted to (and taken as) a separate pension entitlement (to be referred to as an associate pension for the purposes of this Act) for the lifetime of the non-member spouse; or\n\t(b)\tby notice in writing given to the Treasurer within the prescribed period, elect to have the whole of his or her entitlement determined under subsection (1) commuted to a lump sum.\n\t(3)\tThe following provisions will apply with respect to an associate pension:\n\t(a)\tthe amount of the pension will be determined by applying the methods and factors prescribed by the regulations;\n\t(b)\tfor the avoidance of doubt, the pension will be adjusted in accordance with section 14A;\n\t(c)\tno derivative, reversionary or other rights will arise or continue on account of the entitlement to the pension after the death of the non-member spouse.\n\t(4)\tA lump sum under subsection (2)(b) will be determined by applying the methods and factors prescribed by the regulations.\n\t(5)\tIf the non-member spouse dies while entitled to, or in receipt of, a pension under this section (other than an associate pension), the non-member spouse's legal representative may, by notice in writing given to the Treasurer within the prescribed period, elect to have the pension commuted to a lump sum.\n\t(6)\tA lump sum under subsection (5) will be determined by applying the methods and factors prescribed by the regulations to the non-member spouse's entitlement.\n\t(7)\tIn this section—\nlegal representative, in relation to a deceased non-member spouse, means a person—\n\t(a)\tholding office as executor of the will of the deceased non-member spouse where probate of the will has been granted or resealed in South Australia or any other State or a Territory; or\n\t(b)\tholding office in South Australia or any other State or a Territory as administrator of the estate of the deceased non-member spouse.\n17I—Payment of non-member spouse's entitlement\n\t(1)\tIf the interest of a non-member spouse created under this Part after service of a splitting instrument or after the commutation of a pension payable to the non-member spouse is a lump sum, the interest will, according to the election of the non-member spouse—\n\t(a)\tbe paid out to the extent (if any) that payment can be made in accordance with the SIS Act; or\n\t(b)\tbe rolled over to the credit of the non-member spouse in an account (which may need to be established) in the name of the non-member spouse in the Southern State Superannuation Fund; or\n\t(c)\tbe rolled over or transferred to some other superannuation fund or scheme approved by the Treasurer.\n\t(2)\tThe Treasurer must take the action required under subsection (1) within 28 days after receiving the relevant election.\n\t(3)\tHowever, if an election is not made by the non-member spouse before the end of 28 days after the Treasurer gives notice to the non-member spouse in the manner contemplated by the regulations, the Treasurer must, subject to the regulations, roll over the interest to the credit of the non-member spouse under subsection (1)(b).\n\t(4)\tIf the interest of a non-member spouse created under this Part after service of a splitting instrument is in the form of a pension (and the non-member spouse has not directed that the pension be commuted to a lump sum), the Treasurer must split the relevant pension within the prescribed period after receipt of the splitting instrument (with effect from the relevant date), and begin to make the payments in accordance with the regulations.\n17J—Reduction in Judge's entitlement\nDespite the other provisions of this Act, if a payment split is payable with respect to the interest of a Judge, there is a corresponding reduction in the entitlement of the Judge under this Act.\n17K—Pension not payable to spouse or domestic partner on death of Judge if split has occurred\nIf a Judge dies and is survived by a spouse or domestic partner who—\n\t(a)\thas received, is receiving or is entitled to receive a benefit under a splitting instrument; or\n\t(b)\tis, under the terms of a splitting instrument, not entitled to any amount arising out of the Judge's pension interest under this Act (or any proportion of such an interest),\nthe spouse or domestic partner is not entitled to a benefit under this Act in respect of the deceased Judge (except in accordance with the instrument).\n17L—Treasurer to comply with Commonwealth requirements \nThe Treasurer must comply with the requirements imposed under Part VIIIB of the Family Law Act 1975  of the Commonwealth as if the Treasurer were the trustee of the scheme.\n17M—Payment of benefit\n\t(1)\tAn amount payable under this Part is payable by the Treasurer from the Consolidated Account (which is appropriated to the necessary extent) or from a special deposit account established by the Treasurer for that purpose. \n\t(2)\tIn this section—\nspecial deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987.\n17N—Fees\n\t(1)\tThe Treasurer may fix fees in respect of matters in relation to which fees may be charged under regulation 59 of the Commonwealth regulations.\n\t(2)\tAny fee fixed under subsection (1) that is payable by a member spouse or non-member spouse and has not been paid within 1 month of the amount becoming payable may be deducted by the Treasurer—\n\t(a)\tif the outstanding fee is payable by the non-member spouse—from an interest that is to be rolled over or transferred to a fund for the benefit of the non-member spouse; or\n\t(b)\tin any case—\n\t(i)\tfrom a pension payable to the person in default under this Act; or\n\t(ii)\tfrom any other benefit payable to the person in default under this Act.\n17O—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Part or are necessary or expedient for the purposes of this Part.\n\t(2)\tWithout limiting subsection (1), the regulations may modify the operation of any provision of this Act in prescribed circumstances in order to ensure that this Act operates in a manner that is consistent with, and complementary to, the requirements of the Family Law Act 1975 of the Commonwealth.\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.\nLegislation amended by principal Act\nThe Judges' Pensions Act 1971 amended the following:\nIndustrial Code 1967\nLocal and District Criminal Courts Act 1926\nSupreme Court Act 1935\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1971\n30\nJudges' Pensions Act 1971\n22.4.1971\n1.5.1971 (Gazette 22.4.1971 p2186)\n1971\n106\nLicensing Act Amendment Act 1971\n9.12.1971\n9.12.1971\n1972\n69\nJudges' Pensions Act Amendment Act 1972\n7.9.1972\n2.8.1973 (Gazette 2.8.1973 p720)\n1974\n72\nJudges' Pensions Act Amendment Act 1974\n17.10.1974\n28.11.1974 (Gazette 28.11.1974 p3372)\n1981\n34\nStatutes Amendment (Administration of Courts and Tribunals) Act 1981\n19.3.1981\n1.7.1981 (Gazette 25.6.1981 p1896)\n1984\n19\nIndustrial Conciliation and Arbitration Act Amendment Act 1984\n3.5.1984\n14.5.1984 (Gazette 10.5.1984 p1090)\n1992\n69\nStatutes Amendment (Public Actuary) Act 1992\n19.11.1992\n10.12.1992 (Gazette 10.12.1992 p1752)\n1997\n25\nStatutes Amendment (Superannuation) Act 1997\n10.4.1997\nPt 2 (ss 4 and 5)—24.4.1997 (Gazette 24.4.1997 p1618)\n1998\n20\nStatutes Amendment (Adjustment of Superannuation Pensions) Act 1998\n2.4.1998\nPt 2 (s 4)—1.10.1997: s 2\n1998\n69\nJudges' Pensions (Preserved Pensions) Amendment Act 1998\n13.11.1998\n13.11.1998\n1999\n23\nStatutes Amendment (Commutation for Superannuation Surcharge) Act 1999\n1.4.1999\nPt 2 (s 3)—1.4.1999: s 2\n2001\n40\nStatutes Amendment (Indexation of Superannuation Pensions) Act 2001\n3.8.2001\nPt 3 (s 6)—1.1.2002: s 2\n2003\n49\nStatutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003\n20.11.2003\nPt 2 (ss 4 and 5) and Sch 1—18.12.2003 (Gazette 18.12.2003 p4527)\n2004\n51\nStatutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004\n16.12.2004\nPt 2 (ss 4—8)—13.1.2005 (Gazette 13.1.2005 p69) \n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 48 (ss 132—141)—1.6.2007 (Gazette 26.4.2007 p1352)\n2012\n37\nStatutes Amendment and Repeal (Superannuation) Act 2012\n25.10.2012\nPt 2 (ss 4—8)—19.11.2012 (Gazette 15.11.2012 p5007)\n2015\n34\nJudicial Conduct Commissioner Act 2015\n5.11.2015\nSch 1 (cl 8)—5.12.2016 (Gazette 29.11.2016 p4525)\n2016\n63\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 12 (s 110)—1.7.2017 (Gazette 16.5.2017 p1221)\n2017\n13\nStatutes Amendment (Registered Relationships) Act 2017\n26.4.2017\nPt 8 (s 12)—1.8.2017 (Gazette 1.8.2017 p3039)\n2019\n45\nSupreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 50)—1.1.2021 (Gazette 10.12.2020 p5638)\n2019\n46\nStatutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 8 (ss 20 to 23)—1.5.2020 (Gazette 30.4.2020 p838)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 5 of The Public General Acts of South Australia 1837-1975 at page 280.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n18.12.2003\n\namended by 43/2006 s 132\n1.6.2007\nPt 1\n\n\nss 2 and 3\nomitted under Legislation Revision and Publication Act 2002\n18.12.2003\ns 4 \n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 69/1998 s 2(d)\n13.11.1998\nthe Consumer Price Index\ninserted by 69/1998 s 2(a)\n13.11.1998\ndomestic partner\ninserted by 43/2006 s 133(1)\n1.6.2007\n\nsubstituted by 13/2017 s 12(1)\n1.8.2017\neligible child\namended by 43/2006 s 133(2)\n1.6.2007\nformer Judge\nsubstituted by 69/1998 s 2(b)\n13.11.1998\nJudge\namended by 34/1981 s 27\n1.7.1981\n\namended by 19/1984 s 64(a)\n14.5.1984\n\namended by 51/2004 s 4(1), (2)\n13.1.2005\n\n(c) and (ca) deleted by 63/2016 s 110\n1.7.2017\n\namended by 45/2019 Sch 1 cl 50\n1.1.2021\nnotional pension\namended by 69/1998 s 2(c)\n13.11.1998\n\namended by 43/2006 s 133(3), (4)\n1.6.2007\nregistered relationship\ninserted by 13/2017 s 12(2)\n1.8.2017\nspouse\ninserted by 43/2006 s 133(5)\n1.6.2007\ns 4(2)\ninserted by 69/1998 s 2(d)\n13.11.1998\nPt 2\n\n\ns 5\n\n\ns 5(2)\nsubstituted by 37/2012 s 4\n19.11.2012\ns 6A\ninserted by 69/1998 s 3\n13.11.1998\ns 6A(3)\namended by 43/2006 s 134\n1.6.2007\nss 8 and 9\nsubstituted by 43/2006 s 135\n1.6.2007\ns 9A\ninserted by 49/2003 s 4\n18.12.2003\n\namended by 43/2006 s 136\n1.6.2007\n\namended by 46/2019 s 20\n1.5.2020\ns 10C\n\n\ns 10C(1)\namended by 43/2006 s 137\n1.6.2007\ns 10D\namended by 43/2006 s 138\n1.6.2007\ns 11\n\n\ns 11(2)\namended by 46/2019 s 21\n1.5.2020\ns 12\ndeleted by 51/2004 s 5\n13.1.2005\ns 13\namended by 19/1984 s 64(b)\n14.5.1984\n\nsubstituted by 34/2015 Sch 1 cl 8\n5.12.2016\ns 14\n\n\ns 14(1)\ns 14 amended and redesignated as s 14(1) by 25/1997 s 4(a), (b)\n24.4.1997\ns 14(2)\ninserted by 25/1997 s 4(b)\n24.4.1997\ns 14A\namended by 69/1992 s 17\n10.12.1992\n\nsubstituted by 20/1998 s 4\n1.10.1997\ns 14A(1) and (2)\nsubstituted by 40/2001 s 6(a)\n1.1.2002\ns 14A(3)\namended by 40/2001 s 6(b)\n1.1.2002\ns 14A(4)\namended by 40/2001 s 6(c), (d)\n1.1.2002\ns 14A(5)\nsubstituted by 40/2001 s 6(e)\n1.1.2002\ns 15\n\n\ns 15(1)\namended by 43/2006 s 139\n1.6.2007\ns 15(2)\nsubstituted by 25/1997 s 5\n24.4.1997\ns 16\ndeleted by 37/2012 s 5\n19.11.2012\ns 17\ndeleted by 51/2004 s 6\n13.1.2005\ns 17A\ninserted by 23/1999 s 3\n1.4.1999\ns 17A(3)\namended by 43/2006 s 140(1), (2)\n1.6.2007\ns 17A(5)\namended by 43/2006 s 140(3)\n1.6.2007\nPt 2A\ninserted by 49/2003 s 5\n18.12.2003\ns 17B\namended by 46/2019 s 22\n1.5.2020\ns 17C\n\n\nSouthern State Superannuation Fund\namended by 37/2012 s 6\n19.11.2012\ns 17D\ndeleted by 37/2012 s 7\n19.11.2012\ns 17G\n\n\ns 17G(2)\namended by 37/2012 s 8\n19.11.2012\ns 17K\nsubstituted by 51/2004 s 7\n13.1.2005\n\namended by 46/2019 s 23\n1.5.2020\nPt 3\nomitted under Legislation Revision and Publication Act 2002\n18.12.2003\nPt 4\nomitted under Legislation Revision and Publication Act 2002\n18.12.2003\nPt 5\nomitted under Legislation Revision and Publication Act 2002\n18.12.2003\nSch\ndeleted by 51/2004 s 8\n13.1.2005\nTransitional etc provisions associated with Act or amendments\nTransitional provisions from Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003, Sch 1\n1—Interpretation\nIn this Schedule—\nrelevant Act means an Act amended by this Act;\nrelevant authority means—\n\t(a)\tthe Police Superannuation Board; or\n\t(b)\tthe South Australian Parliamentary Superannuation Board; or\n\t(c)\tthe South Australian Superannuation Board; or\n\t(d)\tthe Treasurer.\n2—Prior action\nAny step taken by a relevant authority before a section of this Act is brought into operation that corresponds to a step that may be taken by the relevant authority under a relevant Act after this Act is brought into operation will be taken to be valid and effectual for the purposes of a relevant Act as if it had been taken after the commencement of this Act.\n3—Instruments\nAny splitting instrument, or other instrument, lodged with a relevant authority before the commencement of this Act may take effect for the purposes of a relevant Act after the commencement of this Act.\n4—Other matters\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from an earlier day, but not before 28 December 2002.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.\nStatutes Amendment (Domestic Partners) Act 2006\n141—Transitional provision\nAn amendment made by a provision of this Act to a provision of the Judges' Pensions Act 1971 that provides for, or relates to, the payment of a pension to a person on the death of a Judge, or former Judge, applies only if the death occurs after the commencement of the amendment.\nHistorical versions\nReprint No 1—10.5.1984\n\nReprint No 2—10.12.1992\n\nReprint No 3—24.4.1997\n\nReprint No 4—2.4.1998\n\nReprint No 5—13.11.1998\n\nReprint No 6—1.4.1999\n\nReprint No 7—1.1.2002\n\n18.12.2003\n\n13.1.2005\n\n1.6.2007\n\n19.11.2012\n\n5.12.2016\n\n1.7.2017\n\n1.8.2017\n\n1.5.2020\n\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrievable. The provided content is exclusively a website error message from the South Australian legislation portal, not the text of the Act itself."},"complexity_factors":["No legislative content was returned — only a website error page was provided","Cannot assess actual complexity of the Act without its text","Score of 1 reflects the absence of any analysable content, not the likely complexity of the underlying Act"],"plain_english_summary":"**No legislation content was retrievable.**\n\nThe link provided for the *Judges' Pensions Act 1971* (South Australia) returned a **404 'Page Not Found' error** from the South Australian legislation website. This appears to be caused by a broken or outdated hyperlink following a website update in March 2026.\n\n**What we can tell you generally:** A Judges' Pensions Act typically sets out the retirement entitlements (pension payments after leaving the role) for judges of state courts. It would affect sitting and retired judges, their spouses, and dependants. These laws usually cover things like:\n- How much pension a judge receives after retiring\n- Eligibility requirements (e.g. minimum years of service)\n- What happens to pension entitlements when a judge dies (payments to surviving family)\n- How pensions are calculated and adjusted over time\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'Judges Pensions Act 1971' directly."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded several times from its original 1971 form. Notable scope changes in the consolidated text include: the insertion of a preserved-pension regime for Judges resigning with 15+ years (s 6A inserted by 69/1998 s 3), adding a commutation procedure to meet a Commonwealth deferred superannuation contributions surcharge (s 17A inserted by 23/1999 s 3), the addition of a Family Law-focused Part enabling splitting of superannuation interests and creating non-member spouse entitlements (Part 2A, inserted by 49/2003 s 5), and recognizing domestic partners and registered relationships in survivor entitlements (definitions and related amendments inserted by 43/2006 s 133 and subsequent amendments). Indexation and adjustment rules have also been revised (s 14A substituted/amended by 20/1998 s 4 and 40/2001 s 6). These changes broadened coverage (domestic partners, Family Law splitting), introduced deferred-preservation mechanics, and connected the scheme operationally to Commonwealth superannuation and family law frameworks (see legislative history entries and the amended provisions cited above)."},"complexity_factors":["Multiple interlocking definitions (Judge, former Judge, notional pension, eligible child, domestic partner) that affect eligibility and calculation (s 4)","Several distinct entitlement regimes (retirement, resignation with preservation, resignation for invalidity, death, child benefits) with different formulas and caps (s 6, s 6A, s 7, s 8, s 10B, s 10C)","Integration with Commonwealth Family Law splitting rules requiring creation of new interests, timing rules and rollover options (Part 2A: s 17F—17I, s 17C, s 17E)","Indexation mechanism tied to biannual CPI comparisons with special timing and pro-rating rules (s 14A)","Discretionary powers vested in Treasurer and Minister with procedural time limits (s 9(3), s 14A(3), s 17A(2)—(5), s 17N)","Actuarial determinations required for commutation and lump-sum valuations (s 17A(6), s 17G(2))","Cross-references to Commonwealth superannuation and taxation laws (Commonwealth Act, SIS Act) that condition commutation and split handling (s 17A, s 17C, s 17I)","Layering of historical amendments and transitional rules that change operation over time (legislative history entries for 1998, 1999, 2003, 2006, etc.)"],"plain_english_summary":"# What this law does (plain English)\n\nThis Act sets out who gets a pension from the South Australian Judges' pension scheme, how much they get, how payments are adjusted, and how some benefits can be split or converted. It deals with pensions for serving Judges, former Judges, surviving spouses or domestic partners, and eligible children (s 4, s 6, s 8, s 10B).\n\n- Who is covered: the Chief Justice, President, puisne Judges of the Supreme Court, District Court Judges, certain Masters and specified other judicial officers; definitions and included categories are in s 4.\n- How a Judge earns a pension: a Judge who retires (or who resigns with sufficient service and age) gets a pension calculated from salary and length of judicial service (s 6). There are minimum and maximum rates (s 6, s 11).\n- Preserved pensions: a Judge with 15+ years who resigns before 60 does not get immediate payment but becomes entitled later (generally at 60 or on certified permanent incapacity), with pension fixed at 60% of final salary as adjusted for CPI (s 6A).\n- Survivor and child benefits: on death a surviving spouse or domestic partner is entitled to a lifetime pension based on a notional pension; eligible children may receive fortnightly child benefits with amounts calculated by formula (s 8, s 10B, s 10C). If a deceased Judge is survived by both a spouse and a domestic partner, benefits are divided by reference to cohabitation periods (s 9).\n- Payments and funding: pensions and benefits are paid by the Treasurer from the Consolidated Account or a special deposit account (s 14(1), s 17M(1)).\n- Indexation/adjustment: pensions are adjusted twice yearly to reflect changes in the Adelaide CPI, with specific calculation rules and limited exceptions where the Treasurer directs otherwise (s 14A).\n- Refunds and commutation: some contributors who are not entitled to a pension may claim a refund of their contributions (s 15). A former Judge (or, in limited circumstances, a surviving spouse) can have part of a pension commuted to a lump sum to pay a Commonwealth superannuation surcharge; the Treasurer applies actuarial commutation factors on recommendation (s 17A).\n- Family Law splitting: the Act contains a dedicated Part (Part 2A) that implements Commonwealth Family Law splitting rules for superannuation interests (splitting instruments, creation of non-member spouse interests, options for lump sum or pension, rollovers to approved funds, and required compliance with Commonwealth rules) (s 17B—17O). The Treasurer is given operational duties (create interests, split payments, rollovers, fix fees) and must comply with Commonwealth requirements (s 17F—17L, s 17N, s 17L).\n\nWho pays, who decides, and what changes behaviour\n\n- Who pays: the Treasurer pays pensions and benefits from the Consolidated Account or a special deposit account (s 14(1), s 17M(1)). Refunds and commutations are similarly paid or arranged by the Treasurer (s 15, s 17A).\n- Who decides: the Treasurer has significant administrative discretion (create and split interests under Family Law, rollovers, fix fees, apply commutation factors on actuarial advice) (s 17F, s 17I, s 17N, s 17A(6)). The Minister certifies resignations due to permanent disability for pension purposes (s 7). The Governor can direct exceptions to certain exclusions (s 5(1), s 13).\n- Behavioural effects (mechanical): judges face defined pension accrual rules tied to length of service and age (s 6, s 6A), including a preservation regime for early resignations (s 6A). Appointment very late in a career can exclude pension entitlement unless the Governor directs otherwise (s 5). Family Law splitting can reduce a Judge’s future entitlement (s 17J) and may alter a surviving spouse’s entitlement where a split has already occurred (s 17K). Non-member spouses must choose between rollover, transfer or taking payment options within time limits or accept a default rollover (s 17I).\n\nCompliance burdens, discretion and implementation points\n\n- Administrative steps and time-limits: the Act imposes procedural deadlines for commutation applications (three months after a Commonwealth notice for a former Judge; six months in some survivor cases) (s 17A(2)—(4)). Non-member spouses have prescribed periods for elections under splitting arrangements (s 17H(2)). Surviving spouses/domestic partners must supply information on request for benefit division (s 9(3)).\n- Discretion and technical inputs: the Treasurer may direct that indexation not apply in a particular adjustment period (s 14A(3)) and determines commutation factors on actuary recommendation (s 17A(6)). The Minister has discretion over whether a child benefit is paid to spouse, child or other person (s 10D). Regulations may modify operation to align with Commonwealth Family Law requirements (s 17O).\n- Interaction with Commonwealth law and superannuation rules: the Family Law Part depends on Commonwealth Family Law regulations and the SIS Act for rollover/payment rules (s 17C, s 17E, s 17I). Commutation for the Commonwealth deferred surcharge refers to Commonwealth law and requires actuarial valuation (s 17A).\n\nStated purpose and trade-offs (testing the Act’s stated aim against costs and incentives)\n\n- The Act’s stated purpose for Part 2A is to facilitate division under the Commonwealth Family Law Act (s 17B). Mechanically, it does so by allowing creation of non-member spouse interests, specifying timing rules, and providing rollover/payment options (s 17F—17I).\n- Costs and who bears them: pension payments and refunds are paid from public funds (Treasurer, s 14(1), s 17M(1)), so taxpayers bear the direct funding cost. Splitting under Family Law reduces the Judge’s entitlement (s 17J), which transfers value from the member spouse’s scheme interest to the non-member spouse (s 17F—17H). Commutation to meet Commonwealth surcharge obligations converts an ongoing public payment into a lump-sum exit, subject to actuarial valuation (s 17A).\n- Incentives and trade-offs: preserved pensions (s 6A) create deferred liabilities that may encourage retention of benefits after resignation; the rule excluding pensions for appointments within five years of retirement (s 5(1)) is a mechanical limit on late-career appointment entitlements and shifts some new-appointment contributors into the general superannuation regime (s 5(2)). Splitting rules introduce administrative work for the Treasurer and create individual decisions for non-member spouses about pension versus lump-sum or rollover (s 17H—17I).\n- Implementation risks: accurate actuarial work is required for commutation and for calculating lump sums under Family Law splitting; CPI-based indexation requires twice-yearly adjustments and special handling where pensions have been held for less than six months (s 14A). The Treasurer’s discretionary powers (commutation, non-application of indexation, fee-setting, and regulatorily modifying operation to match Commonwealth requirements) concentrate operational responsibility in the executive (s 14A(3), s 17A(6), s 17N, s 17O).\n\nHow the Act touches private enterprise and markets\n\n- Direct effects on private business are limited. Where lump sums are rolled over, the Act permits rollovers into the Southern State Superannuation Fund or other approved funds (s 17I), so the law affects choices about retirement savings vehicles and fund flows. The Act ties into Commonwealth superannuation and Family Law frameworks, so private fund compliance and rollover rules under the SIS Act and Family Law regulations are relevant (s 17C, s 17I). Otherwise, the scheme is a public-sector pension arrangement funded and administered by the Treasurer (s 14, s 17M).\n\nKey statutory references: pension accrual and rates (s 6, s 6A, s 7); survivor and child benefits and division (s 8—s 10C); payments and CPI adjustments (s 14, s 14A); refunds and commutation (s 15, s 17A); Family Law splitting and administration (s 17B—17O)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1971 purpose of providing basic retirement pensions for judges. Major expansions include: (1) 1998 amendments adding 'preserved pensions' for early resignations; (2) 2003 addition of Part 2A to interface with Commonwealth Family Law Act for superannuation splitting (a complex federal/state coordination mechanism); (3) 2006 and 2017 amendments recognising domestic partners and registered relationships, moving beyond traditional marriage; (4) 1999 and subsequent amendments dealing with superannuation surcharge liabilities; and (5) detailed CPI indexation machinery added in 1998 and 2001. The original Act was approximately 20 sections covering basic retirement and death benefits; it now includes 40+ operative sections with complex interaction with federal family law and tax legislation."},"complexity_factors":["Multiple defined terms in section 4 (approximately 15 key definitions) including complex nested definitions for 'domestic partner', 'eligible child', and 'notional pension'","Extensive cross-referencing to Commonwealth legislation (Family Law Act 1975, Superannuation Industry (Supervision) Act 1993, Superannuation Contributions Tax legislation)","Mathematical formulas for pension calculations with multiple variables (percentages of salary based on years of service, CPI adjustments)","Conditional logic with multiple thresholds (10 years service, 15 years service, age 60, age of retirement)","Part 2A (Family Law provisions) creates a parallel scheme for splitting interests with 16 sections of technical superannuation/family law interface","Multiple exceptions and special cases (section 5 exclusion for late appointments, section 13 removal exclusion, section 11 minimum pensions for pre-1971 judges)","Transitional provisions and historical amendments showing evolution of coverage (orphan pensions repealed, domestic partners added, registered relationships added)","Interaction between state and federal law requiring compliance with Commonwealth regulations"],"plain_english_summary":"**What this law does:**\n\nThis is a South Australian law that sets up a pension scheme for judges, their spouses, domestic partners, and dependent children. It covers who gets paid what, when, and under what conditions.\n\n**Who it affects:**\n\n*   **Judges** of the Supreme Court, District Court, and certain other courts in South Australia\n*   **Former judges** who have retired or resigned\n*   **Spouses and domestic partners** (including registered partners) of deceased judges\n*   **Eligible children** (under 16, or under 25 if studying full-time) of deceased judges\n\n**Key things the law covers:**\n\n*   **Retirement pensions:** Judges who retire get a pension based on their salary and years of service (up to 60% of salary). If they resign after age 60 with 10+ years service, they get the same.\n*   **Early resignation:** Judges who resign before 60 with 15+ years service get a \"preserved\" pension that starts at age 60 (or earlier if they become permanently incapacitated).\n*   **Invalidity:** Judges who resign due to permanent disability get a pension calculated as if they had worked until retirement age.\n*   **Death benefits:** If a judge dies, their spouse or domestic partner gets a pension for life (two-thirds of what the judge would have received). If there are both a spouse and domestic partner, the benefit is split based on how long each lived with the judge.\n*   **Children's benefits:** Eligible children can receive fortnightly payments, with different rates depending on whether there's a surviving spouse/partner and how many children there are.\n*   **Family law splits:** Since 2003, the law allows superannuation interests to be divided between separating spouses or domestic partners under the Commonwealth Family Law Act (this is Part 2A).\n*   **Indexation:** Pensions are adjusted twice yearly based on the Consumer Price Index (CPI) to keep up with inflation.\n*   **No pension if removed:** Judges removed from office (for misconduct) don't get a pension unless the Governor specifically allows it.\n\n**Why it matters:**\n\nThis law ensures judges have financial security in retirement and that their families are provided for after their death. It also recognises modern family structures (domestic partners, registered relationships) and aligns with Commonwealth family law allowing for division of superannuation assets when relationships break down."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/judges-pensions-act-1971","history":"/api/acts/judges-pensions-act-1971/history","analysis":"/api/acts/judges-pensions-act-1971/analysis","conflicts":"/api/acts/judges-pensions-act-1971/conflicts","importantCases":"/api/acts/judges-pensions-act-1971/important-cases","documents":"/api/acts/judges-pensions-act-1971/documents"}}