{"id":"qld:act-1957-038","name":"Judges (Pensions and Long Leave) Act 1957","slug":"judges-pensions-and-long-leave-act-1957","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"38 of 1957","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105679,"registerId":"qld-act-1957-038-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Judges (Pensions and Long Leave) Act 1957 .\ns 1 sub 1991 No. 68 s 111 sch 2","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 2 amd 1967 No. 40 s 9\nsub 1991 No. 68 s 111 sch 2\namd 2004 No. 42 s 7 (1) ; 2015 No. 2 s 51\nNote—prev s 2 contained definitions for this Act. Definitions are now located in the schedule—Dictionary.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Length of service if previously an acting judge or master in Queensland","content":"### sec.2A Length of service if previously an acting judge or master in Queensland\n\nFor this Act, in deciding the length of service as a judge, service as any of the following is to be counted as service as a judge—\nan acting Supreme Court judge, other than service as a retired acting Supreme Court judge;\nan acting District Court judge, other than service as a retired acting District Court judge;\na master.\ns 2A ins 1991 No. 68 s 111 sch 2\namd 2007 No. 55 s 54 sch 1\nsub 2011 No. 45 s 148\namd 2013 No. 35 s 87\n- (a) an acting Supreme Court judge, other than service as a retired acting Supreme Court judge;\n- (b) an acting District Court judge, other than service as a retired acting District Court judge;\n- (c) a master.","sortOrder":3},{"sectionNumber":"sec.2AA","sectionType":"section","heading":"Length of service if previously a judge in a court of the Commonwealth or another State","content":"### sec.2AA Length of service if previously a judge in a court of the Commonwealth or another State\n\nThis section applies to a person serving as a judge after the commencement of this section.\nFor this Act, in deciding the length of service as a judge, service as a judge, other than as an acting judge, in another Australian court before the appointment is to be counted as service as a judge.\nThis section does not limit the application of section 2A .\nIn this section—\nanother Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State.\ns 2AA ins 2007 No. 55 s 54 sch 1\namd 2008 No. 4 s 49\n(sec.2AA-ssec.1) This section applies to a person serving as a judge after the commencement of this section.\n(sec.2AA-ssec.2) For this Act, in deciding the length of service as a judge, service as a judge, other than as an acting judge, in another Australian court before the appointment is to be counted as service as a judge.\n(sec.2AA-ssec.3) This section does not limit the application of section 2A .\n(sec.2AA-ssec.4) In this section— another Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State.","sortOrder":4},{"sectionNumber":"sec.2AB","sectionType":"section","heading":"Length of service if previously CCC chairperson","content":"### sec.2AB Length of service if previously CCC chairperson\n\nThis section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement.\nFor this Act, in deciding the length of service as a judge, a period for which the person held office as the CCC chairperson after 27 March 2015 is to be counted as service as a judge.\nThe period for which the person held office as the CCC chairperson after 27 March 2015 includes a period for which the person acted as the CCC chairperson that is to be counted as a period for which the person held office as the chairperson under the CC Act , section 238C (b) .\nSee also the CC Act , section 423 (2) .\ns 2AB ins 2015 No. 2 s 52\namd 2016 No. 19 s 46 sch 1\n(sec.2AB-ssec.1) This section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement.\n(sec.2AB-ssec.2) For this Act, in deciding the length of service as a judge, a period for which the person held office as the CCC chairperson after 27 March 2015 is to be counted as service as a judge.\n(sec.2AB-ssec.3) The period for which the person held office as the CCC chairperson after 27 March 2015 includes a period for which the person acted as the CCC chairperson that is to be counted as a period for which the person held office as the chairperson under the CC Act , section 238C (b) . See also the CC Act , section 423 (2) .","sortOrder":5},{"sectionNumber":"sec.2AC","sectionType":"section","heading":"Length of service if previously senior parole board member","content":"### sec.2AC Length of service if previously senior parole board member\n\nThis section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement.\nFor this Act, in deciding the length of service as a judge, a period for which the person held office as a senior parole board member after the commencement is to be counted as service as a judge.\nThe period for which the person held office as a senior parole board member after the commencement includes a period for which the person acted as a senior parole board member that is to be counted as a period for which the person held office as a senior parole board member under the Corrective Services Act 2006 , section 238 (b) .\ns 2AC ins 2017 No. 15 s 17\n(sec.2AC-ssec.1) This section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement.\n(sec.2AC-ssec.2) For this Act, in deciding the length of service as a judge, a period for which the person held office as a senior parole board member after the commencement is to be counted as service as a judge.\n(sec.2AC-ssec.3) The period for which the person held office as a senior parole board member after the commencement includes a period for which the person acted as a senior parole board member that is to be counted as a period for which the person held office as a senior parole board member under the Corrective Services Act 2006 , section 238 (b) .","sortOrder":6},{"sectionNumber":"sec.2B","sectionType":"section","heading":"Salary of judges who died or retired before 1984 Amendment Act","content":"### sec.2B Salary of judges who died or retired before 1984 Amendment Act\n\nThis section applies in relation to a judge (a pre-1984 judge ) who died or retired before the commencement of the Judges’ Pensions Act Amendment Act 1984 .\nFor the purposes of this Act, the salary of a pre-1984 judge is the annual rate of salary that would be payable to the judge if the judge had not died or retired and the judge’s annual rate of salary were—\nbefore 1 July 1992—the judge’s 1991 notional salary amount; and\non and after 1 July 1992—the product of—\nthe judge’s 1991 notional salary amount; and\nthe judge’s notional salary increase factor.\nThe judge’s notional salary increase factor is the number worked out, to 2 decimal places, using the following formula—\nIn this section—\n1991 notional salary amount , for a judge, means the annual rate of salary that would have been necessary to be payable to the judge (if the judge had not died or retired) to entitle the judge or the judge’s widow to continue to receive, or receive, pension at the same annual rate after the commencement of this section, and up to 30 June 1992, as would have been payable if the Supreme Court of Queensland Act 1991 had not been enacted and amended this Act.\n1992 notional salary package amount , for a judge, means the judge’s notional salary package amount that applied immediately before 1 July 1992.\nlatest notional salary package amount , for a judge, means the judge’s notional salary package amount applicable under the Judicial Remuneration Act 2007 .\nnotional salary package amount , for a judge, means the total of the annual rate of salary and allowances, including any general allowance and jurisprudential allowance, that would be payable to the judge or to which the judge could have become entitled, if the judge had not died or retired.\ns 2B ins 1994 No. 76 s 7\namd 2007 No. 55 s 54 sch 1\n(sec.2B-ssec.1) This section applies in relation to a judge (a pre-1984 judge ) who died or retired before the commencement of the Judges’ Pensions Act Amendment Act 1984 .\n(sec.2B-ssec.2) For the purposes of this Act, the salary of a pre-1984 judge is the annual rate of salary that would be payable to the judge if the judge had not died or retired and the judge’s annual rate of salary were— before 1 July 1992—the judge’s 1991 notional salary amount; and on and after 1 July 1992—the product of— the judge’s 1991 notional salary amount; and the judge’s notional salary increase factor.\n(sec.2B-ssec.3) The judge’s notional salary increase factor is the number worked out, to 2 decimal places, using the following formula—\n(sec.2B-ssec.4) In this section— 1991 notional salary amount , for a judge, means the annual rate of salary that would have been necessary to be payable to the judge (if the judge had not died or retired) to entitle the judge or the judge’s widow to continue to receive, or receive, pension at the same annual rate after the commencement of this section, and up to 30 June 1992, as would have been payable if the Supreme Court of Queensland Act 1991 had not been enacted and amended this Act. 1992 notional salary package amount , for a judge, means the judge’s notional salary package amount that applied immediately before 1 July 1992. latest notional salary package amount , for a judge, means the judge’s notional salary package amount applicable under the Judicial Remuneration Act 2007 . notional salary package amount , for a judge, means the total of the annual rate of salary and allowances, including any general allowance and jurisprudential allowance, that would be payable to the judge or to which the judge could have become entitled, if the judge had not died or retired.\n- (a) before 1 July 1992—the judge’s 1991 notional salary amount; and\n- (b) on and after 1 July 1992—the product of— (i) the judge’s 1991 notional salary amount; and (ii) the judge’s notional salary increase factor.\n- (i) the judge’s 1991 notional salary amount; and\n- (ii) the judge’s notional salary increase factor.\n- (i) the judge’s 1991 notional salary amount; and\n- (ii) the judge’s notional salary increase factor.","sortOrder":7},{"sectionNumber":"sec.2BA","sectionType":"section","heading":"Salary of District Court judge if previously CCC chairperson","content":"### sec.2BA Salary of District Court judge if previously CCC chairperson\n\nThis section applies to a District Court judge if—\nan entitlement to a pension under this Act arises for the judge in his or her capacity as a District Court judge; and\nwhen the entitlement arises, an entitlement to a pension under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , exists for the judge in his or her capacity as a former CCC chairperson (whether or not that pension has become payable under the CC Act , section 238F ).\nUnder the CC Act , section 238J , a pension payable in relation to a former CCC chairperson under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , stops being payable if a pension is payable in relation to the former CCC chairperson under this Act in the former CCC chairperson’s capacity as a judge.\nFor the purposes of this Act, the judge’s salary is the prescribed salary within the meaning of the CC Act , section 238A .\nIn this section—\nformer CCC chairperson means a person who has held office as the CCC chairperson.\ns 2BA ins 2015 No. 2 s 53\namd 2016 No. 19 s 46 sch 1\n(sec.2BA-ssec.1) This section applies to a District Court judge if— an entitlement to a pension under this Act arises for the judge in his or her capacity as a District Court judge; and when the entitlement arises, an entitlement to a pension under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , exists for the judge in his or her capacity as a former CCC chairperson (whether or not that pension has become payable under the CC Act , section 238F ). Under the CC Act , section 238J , a pension payable in relation to a former CCC chairperson under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , stops being payable if a pension is payable in relation to the former CCC chairperson under this Act in the former CCC chairperson’s capacity as a judge.\n(sec.2BA-ssec.2) For the purposes of this Act, the judge’s salary is the prescribed salary within the meaning of the CC Act , section 238A .\n(sec.2BA-ssec.3) In this section— former CCC chairperson means a person who has held office as the CCC chairperson.\n- (a) an entitlement to a pension under this Act arises for the judge in his or her capacity as a District Court judge; and\n- (b) when the entitlement arises, an entitlement to a pension under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , exists for the judge in his or her capacity as a former CCC chairperson (whether or not that pension has become payable under the CC Act , section 238F ).","sortOrder":8},{"sectionNumber":"sec.2BB","sectionType":"section","heading":"Salary of District Court judge if previously president of the Parole Board Queensland","content":"### sec.2BB Salary of District Court judge if previously president of the Parole Board Queensland\n\nThis section applies to a District Court judge if—\nan entitlement to a pension under this Act arises for the judge in the judge’s capacity as a District Court judge; and\nwhen the entitlement arises, an entitlement to a pension under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , exists for the judge in the judge’s capacity as a former president (whether or not that pension has become payable under the Corrective Services Act 2006 , section 241 ).\nUnder the Corrective Services Act 2006 , section 242C , a pension payable in relation to a former senior parole board member under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , stops being payable if a pension is payable in relation to the former senior parole board member under this Act in the former senior parole board member’s capacity as a judge.\nFor this Act, the judge’s salary is the prescribed salary for a District Court judge within the meaning of the Corrective Services Act 2006 , schedule 4 .\nIn this section—\nformer president means a person who has held office as the president of the Parole Board Queensland.\ns 2BB ins 2017 No. 15 s 18\n(sec.2BB-ssec.1) This section applies to a District Court judge if— an entitlement to a pension under this Act arises for the judge in the judge’s capacity as a District Court judge; and when the entitlement arises, an entitlement to a pension under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , exists for the judge in the judge’s capacity as a former president (whether or not that pension has become payable under the Corrective Services Act 2006 , section 241 ). Under the Corrective Services Act 2006 , section 242C , a pension payable in relation to a former senior parole board member under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , stops being payable if a pension is payable in relation to the former senior parole board member under this Act in the former senior parole board member’s capacity as a judge.\n(sec.2BB-ssec.2) For this Act, the judge’s salary is the prescribed salary for a District Court judge within the meaning of the Corrective Services Act 2006 , schedule 4 .\n(sec.2BB-ssec.3) In this section— former president means a person who has held office as the president of the Parole Board Queensland.\n- (a) an entitlement to a pension under this Act arises for the judge in the judge’s capacity as a District Court judge; and\n- (b) when the entitlement arises, an entitlement to a pension under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , exists for the judge in the judge’s capacity as a former president (whether or not that pension has become payable under the Corrective Services Act 2006 , section 241 ).","sortOrder":9},{"sectionNumber":"pt.2","sectionType":"part","heading":"Pensions and other entitlements","content":"# Pensions and other entitlements","sortOrder":10},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":11},{"sectionNumber":"sec.2C","sectionType":"section","heading":"Minimum benefit payable","content":"### sec.2C Minimum benefit payable\n\nDespite any other provision of this Act, a judge who ceases to hold office is entitled to the minimum benefit (if any) decided by an actuary approved by the Minister.\nThe minimum benefit must be paid to an approved deposit fund, or a superannuation fund, nominated by the judge.\nTo remove doubt, it is declared that this section does not apply to an acting Supreme Court judge or an acting District Court judge.\nIn this section—\nacting District Court judge includes a retired acting District Court judge.\nacting Supreme Court judge includes a retired acting Supreme Court judge.\nminimum benefit means the amount of payment, pension or preserved benefit entitlement that is determined to avoid payment of the superannuation guarantee charge.\nsuperannuation guarantee charge means the charge imposed by the Superannuation Guarantee Charge Act 1992 (Cwlth) .\ns 2C ins 1995 No. 27 s 8\namd 1999 No. 16 s 14 ; 2004 No. 42 s 33 sch ; 2013 No. 35 s 88\n(sec.2C-ssec.1) Despite any other provision of this Act, a judge who ceases to hold office is entitled to the minimum benefit (if any) decided by an actuary approved by the Minister.\n(sec.2C-ssec.2) The minimum benefit must be paid to an approved deposit fund, or a superannuation fund, nominated by the judge.\n(sec.2C-ssec.3) To remove doubt, it is declared that this section does not apply to an acting Supreme Court judge or an acting District Court judge.\n(sec.2C-ssec.4) In this section— acting District Court judge includes a retired acting District Court judge. acting Supreme Court judge includes a retired acting Supreme Court judge. minimum benefit means the amount of payment, pension or preserved benefit entitlement that is determined to avoid payment of the superannuation guarantee charge. superannuation guarantee charge means the charge imposed by the Superannuation Guarantee Charge Act 1992 (Cwlth) .","sortOrder":12},{"sectionNumber":"sec.3","sectionType":"section","heading":"Pension of judge retiring at 70","content":"### sec.3 Pension of judge retiring at 70\n\nIf a judge retires on reaching 70 after serving as a judge for not less than 5 years, the judge is, subject to subsection (2) , entitled to a pension at a rate equal to 6% of the judge’s salary for each completed year of service as a judge.\nThe maximum pension to which the judge is entitled is the following percentage of the judge’s salary—\nif the judge retired before the enactment of the Judges’ Pensions Act Amendment Act 1984 —50%;\nin any other case—60%.\ns 3 sub 1967 No. 40 s 10\namd 1984 No. 10 s 3\nsub 1984 No. 98 s 2\namd 1991 No. 68 s 111 sch 2\nsub 1992 No. 14 s 2 sch\n(sec.3-ssec.1) If a judge retires on reaching 70 after serving as a judge for not less than 5 years, the judge is, subject to subsection (2) , entitled to a pension at a rate equal to 6% of the judge’s salary for each completed year of service as a judge.\n(sec.3-ssec.2) The maximum pension to which the judge is entitled is the following percentage of the judge’s salary— if the judge retired before the enactment of the Judges’ Pensions Act Amendment Act 1984 —50%; in any other case—60%.\n- (a) if the judge retired before the enactment of the Judges’ Pensions Act Amendment Act 1984 —50%;\n- (b) in any other case—60%.","sortOrder":13},{"sectionNumber":"sec.4","sectionType":"section","heading":"Pension of judge retiring voluntarily at or after age 60","content":"### sec.4 Pension of judge retiring voluntarily at or after age 60\n\nWhere a judge who has attained 60 years of age, but has not attained 70 years of age, retires from office (otherwise than because of permanent disability or infirmity as specified in section 5 ) after serving as a judge for not less than 10 years, the judge shall, on retiring, be entitled to an annual pension at the rate of 60% of the judge’s salary or, in the case of a judge who has retired before the passing of the Judges’ Pensions Act Amendment Act 1984 , 50% of the judge’s salary.\ns 4 sub 1967 No. 40 s 11\namd 1984 No. 10 s 4 ; 1991 No. 68 s 111 sch 2 ; 1992 No. 14 s 2 sch","sortOrder":14},{"sectionNumber":"sec.5","sectionType":"section","heading":"Pension of judge retiring on account of ill health","content":"### sec.5 Pension of judge retiring on account of ill health\n\nThis section applies if—\na judge retires from office and both of the following apply—\na specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity;\nthe Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or\na judge is removed from office because of proved incapacity.\nThe judge is entitled to an annual pension at a rate consisting of—\n75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and\nwhere the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years;\nbut so that the rate of the judge’s pension shall not exceed 60% of the judge’s salary.\nIn this section—\nspecialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .\ns 5 sub 1967 No. 40 s 12 ; 1984 No. 10 s 5\namd 1992 No. 14 s 2 sch ; 2003 No. 77 s 82 ; 2020 No. 15 s 87\n(sec.5-ssec.1) This section applies if— a judge retires from office and both of the following apply— a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or a judge is removed from office because of proved incapacity.\n(sec.5-ssec.2) The judge is entitled to an annual pension at a rate consisting of— 75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and where the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years; but so that the rate of the judge’s pension shall not exceed 60% of the judge’s salary.\n(sec.5-ssec.3) In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .\n- (a) a judge retires from office and both of the following apply— (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; (ii) the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or\n- (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity;\n- (ii) the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or\n- (b) a judge is removed from office because of proved incapacity.\n- (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity;\n- (ii) the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or\n- (a) 75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and\n- (b) where the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years;","sortOrder":15},{"sectionNumber":"sec.6","sectionType":"section","heading":"Pension of judge retiring on account of ill-health after less than 2 years’ service","content":"### sec.6 Pension of judge retiring on account of ill-health after less than 2 years’ service\n\ns 6 sub 1967 No. 40 s 13\nom 1984 No. 10 s 6","sortOrder":16},{"sectionNumber":"sec.7","sectionType":"section","heading":"Pension of spouse on death of judge","content":"### sec.7 Pension of spouse on death of judge\n\nWhere a judge dies before retirement, the judge’s spouse is entitled during the spouse’s lifetime—\nin the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or\nin the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity.\nHowever—\nif the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple—\nfor a continuous period of at least 2 years ending on the death; or\nfor a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\nif the judge died leaving more than 1 spouse—\nthe pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and\nthe total pension must be apportioned between the spouses in the way the Minister considers appropriate.\nSubsection (2) (a) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .\ns 7 sub 1967 No. 40 s 14 ; 1984 No. 10 s 7\namd 1992 No. 14 s 2 sch ; 2002 No. 57 s 6 ; 2002 No. 74 s 48 ; 2003 No. 77 s 83\n(sec.7-ssec.1) Where a judge dies before retirement, the judge’s spouse is entitled during the spouse’s lifetime— in the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or in the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity.\n(sec.7-ssec.2) However— if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate.\n(sec.7-ssec.3) Subsection (2) (a) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .\n- (a) in the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or\n- (b) in the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity.\n- (a) if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple— (i) for a continuous period of at least 2 years ending on the death; or (ii) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (i) for a continuous period of at least 2 years ending on the death; or\n- (ii) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (b) if the judge died leaving more than 1 spouse— (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.\n- (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and\n- (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.\n- (i) for a continuous period of at least 2 years ending on the death; or\n- (ii) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and\n- (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.","sortOrder":17},{"sectionNumber":"sec.8","sectionType":"section","heading":"Pension of spouse on death of retired judge","content":"### sec.8 Pension of spouse on death of retired judge\n\nIf a retired judge dies leaving a spouse, the spouse is entitled to a pension at a rate equal to 50% of the judge’s notional pension.\nHowever—\nif the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and\nif the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and\nif the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if—\nthe spouse was a spouse of the retired judge both when the judge retired and when the judge died; and\nthe retired judge and the spouse had lived together as a couple—\nfor a continuous period of at least 2 years ending on the death; or\nfor a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\nif the retired judge died leaving more than 1 spouse—\nthe pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and\nthe total pension must be apportioned between the spouses in the way the Minister considers appropriate.\nSubsection (2) (c) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .\ns 8 sub 1984 No. 10 s 8 ; 1992 No. 14 s 2 sch\namd 2002 No. 57 s 7 ; 2002 No. 74 s 49 ; 2011 No. 46 s 63 ; 2012 No. 12 s 59 sch pts 2 – 3 ; 2015 No. 33 s 52 (2) – (3) sch pts 2 – 3\n(sec.8-ssec.1) If a retired judge dies leaving a spouse, the spouse is entitled to a pension at a rate equal to 50% of the judge’s notional pension.\n(sec.8-ssec.2) However— if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if— the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and the retired judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the retired judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate.\n(sec.8-ssec.3) Subsection (2) (c) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .\n- (a) if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and\n- (b) if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and\n- (c) if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if— (i) the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and (ii) the retired judge and the spouse had lived together as a couple— (A) for a continuous period of at least 2 years ending on the death; or (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (i) the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and\n- (ii) the retired judge and the spouse had lived together as a couple— (A) for a continuous period of at least 2 years ending on the death; or (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (A) for a continuous period of at least 2 years ending on the death; or\n- (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (d) if the retired judge died leaving more than 1 spouse— (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.\n- (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and\n- (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.\n- (i) the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and\n- (ii) the retired judge and the spouse had lived together as a couple— (A) for a continuous period of at least 2 years ending on the death; or (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (A) for a continuous period of at least 2 years ending on the death; or\n- (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (A) for a continuous period of at least 2 years ending on the death; or\n- (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and\n- (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and\n- (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.","sortOrder":18},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Pension for children of deceased judge","content":"### sec.8A Pension for children of deceased judge\n\nIn this section—\nchild includes adopted child.\neligible child , of a judge, means—\nif the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who—\nis a child of the judge; or\nwhen the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or\nif the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who—\nis a child of the judge; or\nwhen the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .\nIf—\na judge dies before retirement; or\na retired judge who is entitled to receive a pension under this Act dies;\npension is payable for each eligible child of the judge for use towards the child’s support and education.\nThe rate of pension payable for an eligible child is the following percentage of the judge’s notional pension—\nif a spouse of the judge is entitled to a pension under this Act and—\nthere are less than 5 eligible children—12.5%; or\nthere are 5 or more eligible children—50% divided by the number of eligible children;\nin any other case—\nif there is 1 eligible child—45%; or\nif there are 2 eligible children—40%; or\nif there are 3 eligible children—30%; or\nif there are 4 or more eligible children—100% divided by the number of eligible children.\nPension payable under this section for an eligible child is payable to—\nif the child is a minor—\nthe parent or guardian of the child; or\nsuch other person as the Minister directs; or\nin any other case—the child.\ns 8A ins 1967 No. 40 s 15\nsub 1984 No. 10 s 9 ; 1992 No. 14 s 4\namd 2002 No. 74 s 50\n(sec.8A-ssec.1) In this section— child includes adopted child. eligible child , of a judge, means— if the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or if the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .\n(sec.8A-ssec.2) If— a judge dies before retirement; or a retired judge who is entitled to receive a pension under this Act dies; pension is payable for each eligible child of the judge for use towards the child’s support and education.\n(sec.8A-ssec.3) The rate of pension payable for an eligible child is the following percentage of the judge’s notional pension— if a spouse of the judge is entitled to a pension under this Act and— there are less than 5 eligible children—12.5%; or there are 5 or more eligible children—50% divided by the number of eligible children; in any other case— if there is 1 eligible child—45%; or if there are 2 eligible children—40%; or if there are 3 eligible children—30%; or if there are 4 or more eligible children—100% divided by the number of eligible children.\n(sec.8A-ssec.4) Pension payable under this section for an eligible child is payable to— if the child is a minor— the parent or guardian of the child; or such other person as the Minister directs; or in any other case—the child.\n- (a) if the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— (i) is a child of the judge; or (ii) when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or\n- (i) is a child of the judge; or\n- (ii) when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or\n- (b) if the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— (i) is a child of the judge; or (ii) when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .\n- (i) is a child of the judge; or\n- (ii) when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .\n- (i) is a child of the judge; or\n- (ii) when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or\n- (i) is a child of the judge; or\n- (ii) when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .\n- (a) a judge dies before retirement; or\n- (b) a retired judge who is entitled to receive a pension under this Act dies;\n- (a) if a spouse of the judge is entitled to a pension under this Act and— (i) there are less than 5 eligible children—12.5%; or (ii) there are 5 or more eligible children—50% divided by the number of eligible children;\n- (i) there are less than 5 eligible children—12.5%; or\n- (ii) there are 5 or more eligible children—50% divided by the number of eligible children;\n- (b) in any other case— (i) if there is 1 eligible child—45%; or (ii) if there are 2 eligible children—40%; or (iii) if there are 3 eligible children—30%; or (iv) if there are 4 or more eligible children—100% divided by the number of eligible children.\n- (i) if there is 1 eligible child—45%; or\n- (ii) if there are 2 eligible children—40%; or\n- (iii) if there are 3 eligible children—30%; or\n- (iv) if there are 4 or more eligible children—100% divided by the number of eligible children.\n- (i) there are less than 5 eligible children—12.5%; or\n- (ii) there are 5 or more eligible children—50% divided by the number of eligible children;\n- (i) if there is 1 eligible child—45%; or\n- (ii) if there are 2 eligible children—40%; or\n- (iii) if there are 3 eligible children—30%; or\n- (iv) if there are 4 or more eligible children—100% divided by the number of eligible children.\n- (a) if the child is a minor— (i) the parent or guardian of the child; or (ii) such other person as the Minister directs; or\n- (i) the parent or guardian of the child; or\n- (ii) such other person as the Minister directs; or\n- (b) in any other case—the child.\n- (i) the parent or guardian of the child; or\n- (ii) such other person as the Minister directs; or","sortOrder":19},{"sectionNumber":"sec.8B","sectionType":"section","heading":"Election to take part of pension as a lump sum to meet surcharge liability","content":"### sec.8B Election to take part of pension as a lump sum to meet surcharge liability\n\nThis section applies to the following persons—\na judge to whom a pension is payable under sections 3 to 5 ;\na judge’s spouse to whom a pension is payable under section 7 ;\nan eligible child of a judge to whom a pension is payable under section 8A , if the rate of pension is decided under section 8A (3) (b) .\nThe person may elect to be paid a lump sum instead of a part of the pension.\nThe maximum amount that may be paid as a lump sum under the election is the amount of the judge’s surcharge liability.\nThe election must be—\nmade in writing to the Minister; and\naccompanied by a copy of the surcharge liability notice stating the amount of the judge’s surcharge liability.\nThe Minister must act on the election by reducing the pension by the amount of the lump sum.\nThe reduction must happen in the way decided by the Minister on the advice of an actuary.\ns 8B prev s 8B ins 1972 No. 11 s 2\namd 1974 No. 29 s 2 (1)\nsub 1984 No. 10 s 10\nom 1992 No. 14 s 2 sch\npres s 8B ins 1999 No. 74 s 9\n(sec.8B-ssec.1) This section applies to the following persons— a judge to whom a pension is payable under sections 3 to 5 ; a judge’s spouse to whom a pension is payable under section 7 ; an eligible child of a judge to whom a pension is payable under section 8A , if the rate of pension is decided under section 8A (3) (b) .\n(sec.8B-ssec.2) The person may elect to be paid a lump sum instead of a part of the pension.\n(sec.8B-ssec.3) The maximum amount that may be paid as a lump sum under the election is the amount of the judge’s surcharge liability.\n(sec.8B-ssec.4) The election must be— made in writing to the Minister; and accompanied by a copy of the surcharge liability notice stating the amount of the judge’s surcharge liability.\n(sec.8B-ssec.5) The Minister must act on the election by reducing the pension by the amount of the lump sum.\n(sec.8B-ssec.6) The reduction must happen in the way decided by the Minister on the advice of an actuary.\n- (a) a judge to whom a pension is payable under sections 3 to 5 ;\n- (b) a judge’s spouse to whom a pension is payable under section 7 ;\n- (c) an eligible child of a judge to whom a pension is payable under section 8A , if the rate of pension is decided under section 8A (3) (b) .\n- (a) made in writing to the Minister; and\n- (b) accompanied by a copy of the surcharge liability notice stating the amount of the judge’s surcharge liability.","sortOrder":20},{"sectionNumber":"sec.8C","sectionType":"section","heading":"Service in other jurisdictions not counted","content":"### sec.8C Service in other jurisdictions not counted\n\nA person is not entitled to be paid a pension under this Act if—\nthe person’s length of service as a judge for this Act includes service as a judge in a court of the Commonwealth or another State as mentioned in section 2AA (2) ; and\nin relation to the service as a judge in a court of the Commonwealth or another State, the person is or will be entitled to be paid a pension under another law.\ns 8C prev s 8C ins 1974 No. 29 s 3 (1)\nom 1984 No. 10 s 11\npres s 8C ins 2007 No. 55 s 54 sch 1\n- (a) the person’s length of service as a judge for this Act includes service as a judge in a court of the Commonwealth or another State as mentioned in section 2AA (2) ; and\n- (b) in relation to the service as a judge in a court of the Commonwealth or another State, the person is or will be entitled to be paid a pension under another law.","sortOrder":21},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Provisions for agreements and court orders under Family Law Act","content":"## Provisions for agreements and court orders under Family Law Act","sortOrder":22},{"sectionNumber":"sec.9","sectionType":"section","heading":"Definitions for div 2","content":"### sec.9 Definitions for div 2\n\nIn this division—\nagreement means an agreement mentioned in the definition entitled former spouse .\ncourt order means a court order mentioned in the definition entitled former spouse .\nentitled former spouse means a person who is entitled or conditionally entitled under an agreement, or a court order, under the Family Law Act, part VIIIB, to payment of a part of a benefit that would otherwise be payable under this Act to a retired judge.\nFamily Law Act means the Family Law Act 1975 (Cwlth) .\noperative time , for an agreement or court order, is the time that is, under the Family Law Act, part VIIIB, the operative time in relation to the payment split or payment flag under the agreement or order.\ns 9 prev s 9 om 1992 No. 14 s 2 sch\npres s 9 ins 2004 No. 42 s 8","sortOrder":23},{"sectionNumber":"sec.10","sectionType":"section","heading":"Providing information","content":"### sec.10 Providing information\n\nThis section applies if an eligible person within the meaning of the Family Law Act , section 90MZB , applies under that section to the Minister for information about a benefit that is being paid, or may become payable, under this Act.\nThe Minister must give to the eligible person the information as required under the Family Law Act .\nIf the information is about a benefit for a judge, the information may include an accrued benefit multiple for the benefit decided by the Minister on the advice of an actuary.\ns 10 prev s 10 amd 1967 No. 40 s 16\nom 1992 No. 14 s 2 sch\npres s 10 ins 2004 No. 42 s 8\n(sec.10-ssec.1) This section applies if an eligible person within the meaning of the Family Law Act , section 90MZB , applies under that section to the Minister for information about a benefit that is being paid, or may become payable, under this Act.\n(sec.10-ssec.2) The Minister must give to the eligible person the information as required under the Family Law Act .\n(sec.10-ssec.3) If the information is about a benefit for a judge, the information may include an accrued benefit multiple for the benefit decided by the Minister on the advice of an actuary.","sortOrder":24},{"sectionNumber":"sec.11","sectionType":"section","heading":"Agreement or court order—minimum benefit","content":"### sec.11 Agreement or court order—minimum benefit\n\nThis section applies if—\nthe Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge; and\nthe benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 2C .\nThe Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order.\nHowever, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse.\nThe Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse.\nThis section does not apply to an agreement or court order if section 13 applies to the agreement or order.\ns 11 prev s 11 om 1991 No. 68 s 111 sch 2\npres s 11 ins 2004 No. 42 s 8\namd 2021 No. 20 s 59 sch 1\n(sec.11-ssec.1) This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge; and the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 2C .\n(sec.11-ssec.2) The Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order.\n(sec.11-ssec.3) However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse.\n(sec.11-ssec.4) The Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse.\n(sec.11-ssec.5) This section does not apply to an agreement or court order if section 13 applies to the agreement or order.\n- (a) the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge; and\n- (b) the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 2C .","sortOrder":25},{"sectionNumber":"sec.12","sectionType":"section","heading":"Agreement or court order—pension","content":"### sec.12 Agreement or court order—pension\n\nThis section applies if—\nthe Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge or a retired judge; and\nthe benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).\nSubject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ).\nThe Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount.\nThe Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension.\nThe notice must be given to the Minister—\nif the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or\notherwise—within 3 months after the day the Minister receives the agreement or order.\nIf the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary.\ns 12 prev s 12 om 1991 No. 68 s 111 sch 2\npres s 12 ins 2004 No. 42 s 8\n(sec.12-ssec.1) This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge or a retired judge; and the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).\n(sec.12-ssec.2) Subject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ).\n(sec.12-ssec.3) The Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount.\n(sec.12-ssec.4) The Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension.\n(sec.12-ssec.5) The notice must be given to the Minister— if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or otherwise—within 3 months after the day the Minister receives the agreement or order.\n(sec.12-ssec.6) If the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary.\n- (a) the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge or a retired judge; and\n- (b) the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).\n- (a) if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or\n- (b) otherwise—within 3 months after the day the Minister receives the agreement or order.","sortOrder":26},{"sectionNumber":"sec.13","sectionType":"section","heading":"Agreement or court order—death of judge in office","content":"### sec.13 Agreement or court order—death of judge in office\n\nThis section applies if the Minister receives an agreement or court order that relates to a person who—\nis a judge at the operative time for the agreement or order; and\ndies while holding office as a judge.\nThe Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ).\nThe amount of the lifetime pension must be—\ncalculated in the way decided by the Minister on the advice of an actuary; and\nbased on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death.\ns 13 prev s 13 om 1991 No. 68 s 111 sch 2\npres s 13 ins 2004 No. 42 s 8\n(sec.13-ssec.1) This section applies if the Minister receives an agreement or court order that relates to a person who— is a judge at the operative time for the agreement or order; and dies while holding office as a judge.\n(sec.13-ssec.2) The Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ).\n(sec.13-ssec.3) The amount of the lifetime pension must be— calculated in the way decided by the Minister on the advice of an actuary; and based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death.\n- (a) is a judge at the operative time for the agreement or order; and\n- (b) dies while holding office as a judge.\n- (a) calculated in the way decided by the Minister on the advice of an actuary; and\n- (b) based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death.","sortOrder":27},{"sectionNumber":"sec.14","sectionType":"section","heading":"Effect of agreement or court order on particular pensions","content":"### sec.14 Effect of agreement or court order on particular pensions\n\nDespite section 7 or 8 , an entitled former spouse is not entitled to receive a pension under any of the provisions.\ns 14 prev s 14 om 1991 No. 68 s 111 sch 2\npres s 14 ins 2004 No. 42 s 8","sortOrder":28},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Minister to inform entitled former spouse","content":"### sec.14A Minister to inform entitled former spouse\n\nIf the Minister receives an agreement or court order from a person other than the entitled former spouse for the agreement or order, the Minister must as soon as practicable inform the entitled former spouse of the receipt of the agreement or order.\ns 14A ins 2004 No. 42 s 8","sortOrder":29},{"sectionNumber":"pt.3","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":30},{"sectionNumber":"sec.15","sectionType":"section","heading":"Leave of absence of judges","content":"### sec.15 Leave of absence of judges\n\nA judge who has served as a judge for not less than 7 years is entitled to the following additional leave of absence on full pay—\nfor the first 7 years service as a judge—6 months;\nfor each subsequent completed year of service— 6 / 7 of a month.\nThe prescribed authority must grant leave of absence to a judge who applies for and is entitled to leave of absence under subsection (1) .\nA judge must, within 3 years after completing any 7 years of service as a judge, take the leave of absence to which the judge is entitled in relation to the period of 7 years unless the prescribed authority otherwise approves.\nIf the judge does not take the leave within that period of 3 years or within any further period allowed by the prescribed authority, the judge forfeits all rights in relation to the leave of absence.\nA judge who is entitled to additional leave of absence under subsection (1) may, with the prescribed authority’s approval, and subject to the administrative requirements of the court, take the additional leave in periods of less than 6 months.\nIf a judge is unable, or circumstances render it inconvenient for a judge, to take leave of absence to which the judge is entitled, the judge is entitled to receive, either during service as a judge or on retirement, an amount equal to the judge’s salary for the period of the leave.\nIf a judge dies before taking a period of leave of absence to which the judge is entitled, an amount equal to the judge’s salary for the period of the leave is payable to the executor or administrator of the judge’s estate.\nIn this section—\nprescribed authority , for leave of absence to a judge, means—\nthe Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or\nthe Chief Justice, if the judge is—\nthe Chief Judge; or\nthe Chief Magistrate and paragraph (c) (i) does not apply; or\na Supreme Court judge, other than the Chief Justice; or\nthe Chief Judge, if the judge is—\na District Court judge who is the Chief Magistrate; or\na District Court judge, other than the Chief Judge; or\nthe Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less.\ns 15 sub 1967 No. 40 s 17\namd 1980 No. 16 s 10 ; 1991 No. 68 s 111 sch 2 ; 1992 No. 14 s 2 sch ; 1995 No. 24 s 15 ; 1996 No. 79 s 50 ; 2000 No. 58 s 2 sch ; 2007 No. 37 s 89 ; 2008 No. 59 s 59 ; 2010 No. 42 s 119\n(sec.15-ssec.1) A judge who has served as a judge for not less than 7 years is entitled to the following additional leave of absence on full pay— for the first 7 years service as a judge—6 months; for each subsequent completed year of service— 6 / 7 of a month.\n(sec.15-ssec.2) The prescribed authority must grant leave of absence to a judge who applies for and is entitled to leave of absence under subsection (1) .\n(sec.15-ssec.3) A judge must, within 3 years after completing any 7 years of service as a judge, take the leave of absence to which the judge is entitled in relation to the period of 7 years unless the prescribed authority otherwise approves.\n(sec.15-ssec.4) If the judge does not take the leave within that period of 3 years or within any further period allowed by the prescribed authority, the judge forfeits all rights in relation to the leave of absence.\n(sec.15-ssec.5) A judge who is entitled to additional leave of absence under subsection (1) may, with the prescribed authority’s approval, and subject to the administrative requirements of the court, take the additional leave in periods of less than 6 months.\n(sec.15-ssec.6) If a judge is unable, or circumstances render it inconvenient for a judge, to take leave of absence to which the judge is entitled, the judge is entitled to receive, either during service as a judge or on retirement, an amount equal to the judge’s salary for the period of the leave.\n(sec.15-ssec.7) If a judge dies before taking a period of leave of absence to which the judge is entitled, an amount equal to the judge’s salary for the period of the leave is payable to the executor or administrator of the judge’s estate.\n(sec.15-ssec.8) In this section— prescribed authority , for leave of absence to a judge, means— the Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or the Chief Justice, if the judge is— the Chief Judge; or the Chief Magistrate and paragraph (c) (i) does not apply; or a Supreme Court judge, other than the Chief Justice; or the Chief Judge, if the judge is— a District Court judge who is the Chief Magistrate; or a District Court judge, other than the Chief Judge; or the Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less.\n- (a) for the first 7 years service as a judge—6 months;\n- (b) for each subsequent completed year of service— 6 / 7 of a month.\n- (a) the Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or\n- (b) the Chief Justice, if the judge is— (i) the Chief Judge; or (ii) the Chief Magistrate and paragraph (c) (i) does not apply; or (iii) a Supreme Court judge, other than the Chief Justice; or\n- (i) the Chief Judge; or\n- (ii) the Chief Magistrate and paragraph (c) (i) does not apply; or\n- (iii) a Supreme Court judge, other than the Chief Justice; or\n- (c) the Chief Judge, if the judge is— (i) a District Court judge who is the Chief Magistrate; or (ii) a District Court judge, other than the Chief Judge; or\n- (i) a District Court judge who is the Chief Magistrate; or\n- (ii) a District Court judge, other than the Chief Judge; or\n- (d) the Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less.\n- (i) the Chief Judge; or\n- (ii) the Chief Magistrate and paragraph (c) (i) does not apply; or\n- (iii) a Supreme Court judge, other than the Chief Justice; or\n- (i) a District Court judge who is the Chief Magistrate; or\n- (ii) a District Court judge, other than the Chief Judge; or","sortOrder":31},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Rate of accrual of entitlement relating to a judge to whom s 2AA applies if rate of accrual different to rate under s 15","content":"### sec.15A Rate of accrual of entitlement relating to a judge to whom s 2AA applies if rate of accrual different to rate under s 15\n\nThis section applies to a judge to whom section 2AA applies.\nIn working out an entitlement under section 15 in relation to the judge, the previous rate is to be used in relation to any period of service as a judge of another Australian court that is counted as service as a judge.\nIn this section—\nanother Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State.\nprevious rate means the rate at which the judge, when a judge of another Australian court, previously accrued an entitlement to additional leave of absence (however described).\ns 15A ins 2007 No. 55 s 54 sch 1\n(sec.15A-ssec.1) This section applies to a judge to whom section 2AA applies.\n(sec.15A-ssec.2) In working out an entitlement under section 15 in relation to the judge, the previous rate is to be used in relation to any period of service as a judge of another Australian court that is counted as service as a judge.\n(sec.15A-ssec.3) In this section— another Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State. previous rate means the rate at which the judge, when a judge of another Australian court, previously accrued an entitlement to additional leave of absence (however described).","sortOrder":32},{"sectionNumber":"sec.16","sectionType":"section","heading":"What happens if judge removed from office","content":"### sec.16 What happens if judge removed from office\n\nIf a judge is removed from office under the Constitution of Queensland 2001 , section 61 , this Act applies only if the reason for the judge’s removal is that the judge is unable to perform the duties of the office because of proved incapacity.\nHowever, the Governor in Council may decide that this Act applies to the judge despite subsection (1) .\ns 16 ins 1992 No. 14 s 2 sch\nsub 1994 No. 76 s 8\namd 2003 No. 77 s 84\n(sec.16-ssec.1) If a judge is removed from office under the Constitution of Queensland 2001 , section 61 , this Act applies only if the reason for the judge’s removal is that the judge is unable to perform the duties of the office because of proved incapacity.\n(sec.16-ssec.2) However, the Governor in Council may decide that this Act applies to the judge despite subsection (1) .","sortOrder":33},{"sectionNumber":"sec.17","sectionType":"section","heading":"Payment of pensions etc.","content":"### sec.17 Payment of pensions etc.\n\nPensions under this Act accrue daily and are payable monthly or at such lesser intervals as the Minister directs.\nPensions under this Act, and other amounts payable under this Act, are payable out of the Consolidated Fund, which is appropriated accordingly.\ns 17 sub 1992 No. 14 s 2 sch\n(sec.17-ssec.1) Pensions under this Act accrue daily and are payable monthly or at such lesser intervals as the Minister directs.\n(sec.17-ssec.2) Pensions under this Act, and other amounts payable under this Act, are payable out of the Consolidated Fund, which is appropriated accordingly.","sortOrder":34},{"sectionNumber":"sec.18","sectionType":"section","heading":"Retired judge serving in judicial office","content":"### sec.18 Retired judge serving in judicial office\n\nIf, after retirement, a judge who is entitled to pension under this Act serves for a period in a judicial office of the Commonwealth or a State and receives salary for the service, then—\nif the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or\nin any other case—the amount of that pension is reduced by the amount of the salary.\nHowever subsection (1) does not apply to a judge if—\nthe judge is 65 years of age or more; or\nthe service by the judge in the judicial office of the Commonwealth or a State is limited service.\nFor subsection (2) (b) , limited service is service under any of the following—\nan appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year;\nan appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits;\nan appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis.\nA judge is taken to be appointed in a judicial office for a period of no more than 6 months even if the judge continues to be the judicial officer so far as it is necessary to give a decision in a matter that is partly heard or standing for the decision of the judicial officer at the end of the 6 months.\nTo remove any doubt, it is declared that the Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section.\nIn this section—\nappointment includes an acting appointment.\ns 18 ins 1992 No. 14 s 2 sch\namd 2007 No. 55 s 54 sch 1\n(sec.18-ssec.1) If, after retirement, a judge who is entitled to pension under this Act serves for a period in a judicial office of the Commonwealth or a State and receives salary for the service, then— if the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or in any other case—the amount of that pension is reduced by the amount of the salary.\n(sec.18-ssec.2) However subsection (1) does not apply to a judge if— the judge is 65 years of age or more; or the service by the judge in the judicial office of the Commonwealth or a State is limited service.\n(sec.18-ssec.3) For subsection (2) (b) , limited service is service under any of the following— an appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year; an appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits; an appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis.\n(sec.18-ssec.4) A judge is taken to be appointed in a judicial office for a period of no more than 6 months even if the judge continues to be the judicial officer so far as it is necessary to give a decision in a matter that is partly heard or standing for the decision of the judicial officer at the end of the 6 months.\n(sec.18-ssec.5) To remove any doubt, it is declared that the Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section.\n(sec.18-ssec.6) In this section— appointment includes an acting appointment.\n- (a) if the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or\n- (b) in any other case—the amount of that pension is reduced by the amount of the salary.\n- (a) the judge is 65 years of age or more; or\n- (b) the service by the judge in the judicial office of the Commonwealth or a State is limited service.\n- (a) an appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year;\n- (b) an appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits;\n- (c) an appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis.","sortOrder":35},{"sectionNumber":"sec.18AA","sectionType":"section","heading":"Retired judge appointed as CCC chairperson or senior parole board member","content":"### sec.18AA Retired judge appointed as CCC chairperson or senior parole board member\n\nThis section applies if, after retirement, a judge who is entitled to a pension under this Act is appointed as the CCC chairperson or a senior parole board member.\nThe judge’s pension is not payable while the judge holds office as the CCC chairperson or senior parole board member unless the judge is 65 years of age or more.\nThe Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section.\ns 18AA ins 2015 No.2 s 54\namd 2016 No. 19 s 46 sch 1 ; 2017 No. 15 s 19\n(sec.18AA-ssec.1) This section applies if, after retirement, a judge who is entitled to a pension under this Act is appointed as the CCC chairperson or a senior parole board member.\n(sec.18AA-ssec.2) The judge’s pension is not payable while the judge holds office as the CCC chairperson or senior parole board member unless the judge is 65 years of age or more.\n(sec.18AA-ssec.3) The Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section.","sortOrder":36},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Minister is manager for Commonwealth Act","content":"### sec.18A Minister is manager for Commonwealth Act\n\nThis section applies for the definition trustee in section 38 of the Commonwealth Act in relation to the scheme as a constitutionally protected superannuation fund under the Commonwealth Act .\nThe Minister is taken to manage the scheme.\nIn this section—\nCommonwealth Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) .\nscheme means—\nthe scheme established by this Act for providing pensions to judges and to their spouses and children; or\nthe scheme established by this Act as it applies for providing pensions to members under the Industrial Relations Act 2016 and to their spouses and children because of section 587 of that Act; or\nthe scheme established by this Act as it applies for providing pensions to members of the Land Court because of the Land Court Act 2000 , section 40 ; or\nthe scheme established by this Act as it applies for providing pensions to a CCC chairperson, and to a CCC chairperson’s spouse and children, because of the CC Act , section 238B ; or\nthe scheme established by this Act as it applies for providing pensions to senior parole board members, and to senior parole board members’ spouses and children, because of the Corrective Services Act 2006 , section 237 .\ns 18A ins 2002 No. 57 s 8\namd 2015 No. 2 s 55 ; 2016 No. 19 s 46 sch 1 ; 2016 No. 63 s 1157 sch 6 ; 2017 No. 15 s 20\n(sec.18A-ssec.1) This section applies for the definition trustee in section 38 of the Commonwealth Act in relation to the scheme as a constitutionally protected superannuation fund under the Commonwealth Act .\n(sec.18A-ssec.2) The Minister is taken to manage the scheme.\n(sec.18A-ssec.3) In this section— Commonwealth Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) . scheme means— the scheme established by this Act for providing pensions to judges and to their spouses and children; or the scheme established by this Act as it applies for providing pensions to members under the Industrial Relations Act 2016 and to their spouses and children because of section 587 of that Act; or the scheme established by this Act as it applies for providing pensions to members of the Land Court because of the Land Court Act 2000 , section 40 ; or the scheme established by this Act as it applies for providing pensions to a CCC chairperson, and to a CCC chairperson’s spouse and children, because of the CC Act , section 238B ; or the scheme established by this Act as it applies for providing pensions to senior parole board members, and to senior parole board members’ spouses and children, because of the Corrective Services Act 2006 , section 237 .\n- (a) the scheme established by this Act for providing pensions to judges and to their spouses and children; or\n- (b) the scheme established by this Act as it applies for providing pensions to members under the Industrial Relations Act 2016 and to their spouses and children because of section 587 of that Act; or\n- (c) the scheme established by this Act as it applies for providing pensions to members of the Land Court because of the Land Court Act 2000 , section 40 ; or\n- (d) the scheme established by this Act as it applies for providing pensions to a CCC chairperson, and to a CCC chairperson’s spouse and children, because of the CC Act , section 238B ; or\n- (e) the scheme established by this Act as it applies for providing pensions to senior parole board members, and to senior parole board members’ spouses and children, because of the Corrective Services Act 2006 , section 237 .","sortOrder":37},{"sectionNumber":"sec.19","sectionType":"section","heading":"Act subject to other Acts","content":"### sec.19 Act subject to other Acts\n\nThis Act has effect subject to the Judicial Remuneration Act 2007 and the Supreme Court of Queensland Act 1991 .\ns 19 (prev s 16) sub 1991 No. 68 s 111 sch 2\nrenum 1992 No. 14 s 2 sch\namd 2007 No. 55 s 54 sch 1","sortOrder":38},{"sectionNumber":"sec.20","sectionType":"section","heading":"Regulations","content":"### sec.20 Regulations\n\nThe Governor in Council may make regulations under this Act.\ns 20 ins 1992 No. 14 s 2 sch\namd 1995 No. 58 s 4 sch 2","sortOrder":39},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":40},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Provision for the Statute Law Revision Act (No. 2) 1995","content":"## Provision for the Statute Law Revision Act (No. 2) 1995","sortOrder":41},{"sectionNumber":"sec.21","sectionType":"section","heading":"Judges’ Pensions Act 1957 references","content":"### sec.21 Judges’ Pensions Act 1957 references\n\nIn an Act or document, a reference to the Judges’ Pensions Act 1957 is a reference to this Act.\ns 21 ins 1995 No. 58 s 4 sch 2","sortOrder":42},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Provision for the Judicial Remuneration Act 2007, schedule 1","content":"## Provision for the Judicial Remuneration Act 2007, schedule 1","sortOrder":43},{"sectionNumber":"sec.22","sectionType":"section","heading":"Application of s 18","content":"### sec.22 Application of s 18\n\nThis section applies to a judge who, at the commencement of this section, was serving for a period in a judicial office of the Commonwealth or a State.\nSection 18(2) to (6) does not apply to the judge in relation to that service in the judicial office.\nHowever, if the service stops and the judge subsequently serves for another period in a judicial office of the Commonwealth or a State, section 18 applies to the judge even if the service is under an appointment to the same judicial office.\ns 22 ins 2007 No. 55 s 54 sch 1\n(sec.22-ssec.1) This section applies to a judge who, at the commencement of this section, was serving for a period in a judicial office of the Commonwealth or a State.\n(sec.22-ssec.2) Section 18(2) to (6) does not apply to the judge in relation to that service in the judicial office.\n(sec.22-ssec.3) However, if the service stops and the judge subsequently serves for another period in a judicial office of the Commonwealth or a State, section 18 applies to the judge even if the service is under an appointment to the same judicial office.","sortOrder":44}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began in 1957 as a straightforward pensions and leave scheme for Queensland judges. Over time, its scope has significantly expanded. It now also covers: acting judges and court masters; judges previously appointed in Commonwealth and other State courts; the CCC Chairperson; senior members of the Parole Board Queensland; members of the Land Court; and members under the Industrial Relations Act 2016. Family law property-splitting provisions were added in 2004. The definition of 'spouse' was broadened to include de facto partners and civil partners. Superannuation guarantee compliance provisions were added. What was originally a narrow judicial benefit scheme has grown into a multi-jurisdictional, multi-category benefit framework with substantial interaction with federal law."},"complexity_factors":["Multiple overlapping pension calculation formulas with different rates depending on when a judge retired (pre-1984 vs post-1984 rules create parallel regimes)","Complex service-counting rules drawing on prior roles across multiple jurisdictions and multiple other Acts (CCC Act, Corrective Services Act, Industrial Relations Act, Land Court Act)","Notional salary calculations for pre-1984 judges require actuarial formulas with defined mathematical factors that are not self-contained","Interaction with federal legislation including the Family Law Act 1975 (payment splits, operative time), Superannuation Guarantee Charge Act 1992, and multiple Commonwealth superannuation Acts","Multiple categories of 'spouse' recognised (legal spouse, civil partner, de facto partner) each with distinct qualifying conditions and eligibility rules","Provisions for multiple simultaneous spouses requiring ministerial apportionment","Anti-double-dipping rules for retired judges who return to judicial work, with multiple exceptions based on age, type of service, and percentage of full-time remuneration","Extensive transitional provisions reflecting numerous amendments across six decades (1957–2021), requiring interpretation of which regime applies to which cohort of judges","Cross-referencing between this Act and at least eight other Queensland and Commonwealth Acts creates a web of dependencies that cannot be understood in isolation","Ministerial and actuarial discretion required for key calculations (minimum benefit, lifetime pensions, family law splits) adds unpredictability"],"plain_english_summary":"This Act establishes the retirement, survivor and long-service leave entitlements for Queensland judges (Supreme and District), their spouses/de facto partners, children, certain former spouses with property-splits, and some related office-holders whose prior service counts toward judicial service.\n\nIt matters because it defines judges’ pension and long‑leave rights, how survivor and family‑law splits are paid, safeguards minimum superannuation, and directs payment from the State’s Consolidated Fund."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been broadened beyond classical judge service to count various prior and related public roles as judicial service (acting judges and masters, judges of other Australian courts, CCC chairperson and senior parole board member) for pension and leave entitlements (see secs 2A, 2AA, 2AB, 2AC, 2BA, 2BB). It also governs interactions where judges take paid judicial or specified public offices after retirement (suspending or reducing pensions—secs 18, 18AA) and incorporates family‑law payment‑split mechanics (div 2). These additions expand who is treated as a beneficiary and when pension payments are adjusted or suspended."},"complexity_factors":["Numerous cross‑references to other statutes (Judicial Remuneration Act 2007, Supreme Court of Queensland Act 1991, CC Act, Corrective Services Act 2006, Family Law Act and Commonwealth superannuation laws) increasing legal interaction complexity","Actuarial calculations and Minister‑approved actuary decisions required for minimum benefits, lump‑sum conversions and lifetime pension valuations (secs 2C, 8B, 12, 13)","Multiple eligibility rules, age/service thresholds, percentage rates and caps that vary by circumstance (secs 3–5, 7–8A)","Special notional salary formula and historical treatment for pre‑1984 judges (sec 2B)","Rules for counting prior service in other roles and jurisdictions (acting judges, masters, other Australian courts, CCC chairperson, senior parole board member) affect length‑of‑service calculations (secs 2A, 2AA, 2AB, 2AC, 2BA, 2BB)","Interplay with other pension entitlements and an exclusion to avoid double payment (sec 8C) and suspension/reduction where retired judges receive other judicial or public salaries (secs 18, 18AA)","Ministerial discretions and administrative duties (payment routing, informing entitled former spouses, reductions, timelines) create operational and compliance burdens (secs 2C, 8B, 11–14A, 17)","Transitional provisions and statutory carve‑outs (eg Anti‑Discrimination Act non‑application in specified sections) add implementation detail (secs 16, 18, 18AA, pt 4)"],"plain_english_summary":"This Act sets the rules for judges’ pensions and long‑leave entitlements: who qualifies, how pension rates and caps are calculated, survivor and children’s benefits, and how Family Law payment‑splits are administered. It mandates actuarial calculations for minimum benefits and lump‑sum conversions and provides that pensions are paid from the Consolidated Fund.\n\nThe Minister (with an approved actuary) makes key calculations and adjustments; pensions may be reduced or suspended if a retired judge takes certain paid judicial or public offices (for example, CCC chairperson or senior parole board member)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.5(2)","severity":"medium","reasoning":"Section 5(2) calculates the ill-health pension as 75% of the maximum pension entitlement the judge 'might have had' under the Act, plus 5% for each year over 5 years, capped at 60% of salary. However, the maximum pension entitlement referenced is itself hypothetical — what they 'might have had' had they not been ill. For a judge with minimal service, this could produce a pension lower than what a voluntary retiree would receive under s.4 (60% flat rate after 10 years), creating the perverse outcome that a judge forced out by permanent disability with short service receives less than a healthy voluntary retiree.","confidence":0.62,"description":"The ill-health pension formula can produce a result below what a healthy judge retiring at 60 or 70 would receive, potentially penalising judges for being sick."},{"type":"other","section":"sec.8A(3)","severity":"medium","reasoning":"Under s.8A(3)(b) with no surviving spouse: 1 child = 45%, 2 children = 40% each (80% total), 3 children = 30% each (90% total), 4+ children = 100%/n (25% each for 4 = 100% total). There is no logical basis for the decreasing per-child rate from 1 to 3 children when the total increases, while the 4+ formula also increases the total. The drop from 3 children (90% total) to 4 children (100% total) is only 10 percentage points but the per-child rate drops from 30% to 25%. More significantly, under s.8A(3)(a) with surviving spouse, fewer than 5 children each get 12.5% (so 4 children = 50% total), but 5 or more children each get 50%/n (10% each = 50% total for 5), meaning adding a fifth child produces the same total but each child gets less.","confidence":0.75,"description":"The children's pension rate structure creates a discontinuous jump where 4 children receive more per child than 5 children, and the rate for 3 children (30% each = 90% total) exceeds the rate for 4+ children (100%/n), creating an incentive structure where adding a fifth child dramatically reduces each child's entitlement."},{"type":"impossible_compliance","section":"sec.15(3) and sec.15(4)","severity":"medium","reasoning":"Section 15(2) mandates that the prescribed authority 'must' grant leave when applied for, but s.15(5) requires the prescribed authority's approval to take leave in periods of less than 6 months, subject to court administrative requirements. If operational requirements prevent the judge from taking 6-month blocks but the authority won't approve smaller blocks, the judge may be unable to take leave within the 3-year window under s.15(3), causing forfeiture under s.15(4). The statute simultaneously mandates granting of leave and creates conditions under which taking it may be administratively impossible.","confidence":0.65,"description":"A judge who is prevented from taking leave by the prescribed authority's refusal to approve alternative arrangements could forfeit leave entitlements through no fault of their own."},{"type":"self_contradicting","section":"sec.8C","severity":"high","reasoning":"Section 2AA counts prior service in Commonwealth or other State courts toward the judge's length of service as a judge for this Act. This counted service can help a judge meet the minimum service thresholds under ss.3, 4, and 5. However, s.8C then provides that if that interstate service makes the person entitled to a pension under another law, 'a person is not entitled to be paid a pension under this Act' at all — not just a reduced pension. So the Act credits interstate service for qualification purposes but uses the existence of that same service's pension entitlement to deny the entire Queensland pension, including for the Queensland-only portion of service.","confidence":0.78,"description":"Section 8C denies any pension entitlement under this Act if the person is or will be entitled to a pension elsewhere for their interstate/Commonwealth service, but s.2AA counts that same service toward Queensland pension qualification thresholds — meaning the interstate service helps qualify the judge but then triggers complete pension denial."},{"type":"circular_definition","section":"sec.2B(2)","severity":"medium","reasoning":"The '1991 notional salary amount' is defined as the annual rate of salary 'necessary to be payable to the judge... to entitle the judge or the judge's widow to continue to receive, or receive, pension at the same annual rate.' The pension rate is a percentage of salary. So to find the notional salary, you need to know the pension rate; to know the pension rate, you need to know the salary. While actuaries may resolve this in practice, the statutory definition is facially circular — the salary is defined by reference to the pension it must produce, and the pension is defined as a percentage of that salary.","confidence":0.7,"description":"The definition of '1991 notional salary amount' in s.2B(4) is circularly dependent on what pension rate would have been payable, which itself depends on the salary amount — creating a circular calculation."},{"type":"other","section":"sec.16(2)","severity":"high","reasoning":"Section 16(1) provides the sensible rule that judges removed from office (other than for incapacity) receive no pension under this Act. However, s.16(2) allows the Governor in Council to simply decide this Act applies anyway — with no stated criteria, no limiting principles, and no Parliamentary oversight mechanism specified. This creates an executive override of legislative policy on judicial accountability with no constraints on its exercise.","confidence":0.72,"description":"The Governor in Council has an unfettered discretion to override the entire scheme of s.16(1) and grant pension entitlements to judges removed for misconduct, potentially rewarding judicial misconduct with a pension."},{"type":"other","section":"sec.18(2)(a)","severity":"low","reasoning":"Section 18(1) reduces or eliminates pension while a retired judge receives salary for judicial service. Section 18(2)(a) entirely exempts judges aged 65 or more from this rule. This means a retired judge who is 64 years and 11 months old has their pension reduced when they return to judicial work, but if they wait one month to start the same appointment, they receive both full pension and full salary. The statute itself acknowledges the age distinction may engage anti-discrimination law (s.18(5) explicitly disapplies the Anti-Discrimination Act 1991), confirming awareness of the issue.","confidence":0.8,"description":"The age-65 exception in s.18 creates an arbitrary cliff where a 64-year-old retired judge returning to judicial service has pension reduced or eliminated, but a 65-year-old doing identical work receives full pension with no reduction — an arbitrary age-based distinction with no stated rationale."}],"contradictions":[{"severity":"medium","section_a":"sec.2C(1)","section_b":"sec.2C(3)","confidence":0.65,"description":"Section 2C(1) states 'a judge who ceases to hold office is entitled to the minimum benefit' but s.2C(3) declares this section does not apply to acting judges. Acting judges are judges who cease to hold office, creating an unexplained internal carve-out that may leave acting judges without minimum benefit protection."},{"severity":"low","section_a":"sec.3(1)","section_b":"sec.4","confidence":0.7,"description":"Section 3 provides a 6%-per-year pension (max 60%) for judges retiring at age 70 with at least 5 years service, while s.4 provides a flat 60% pension for judges retiring voluntarily between 60-70 with at least 10 years service. A judge retiring at 70 with exactly 5 years service receives only 30%, while a judge retiring at 60 with 10 years receives 60% — creating a perverse incentive where retiring earlier (at 60) after more service yields double the pension of retiring at the mandatory age with minimal service."},{"severity":"medium","section_a":"sec.7(1)(b)","section_b":"sec.14","confidence":0.6,"description":"Section 7(1) entitles a spouse to pension on death of a judge before retirement. Section 14 provides that an 'entitled former spouse' (i.e., one with a Family Law Act agreement or order) is not entitled to receive a pension under s.7 or s.8. However, s.13 provides an entitled former spouse a lifetime pension on death of a judge in office — meaning the former spouse receives something, but the current/remaining spouse's entitlement under s.7 is not addressed as reduced, potentially creating double-payment against the same pension pool."},{"severity":"high","section_a":"sec.2AA(2)","section_b":"sec.8C","confidence":0.82,"description":"Section 2AA(2) counts prior service in Commonwealth or other State courts as service as a judge for all purposes of this Act (including qualifying for pension). Section 8C then denies any pension entitlement under this Act if the person is or will be entitled to a pension under another law for that same interstate service. The Act simultaneously uses interstate service to qualify a judge for Queensland pension and uses the existence of a pension for that service to deny the Queensland pension entirely."},{"severity":"medium","section_a":"sec.15(2)","section_b":"sec.15(5)","confidence":0.6,"description":"Section 15(2) mandates that the prescribed authority 'must' grant leave of absence when a judge applies for it and is entitled. Section 15(5) provides that a judge 'may, with the prescribed authority's approval' take leave in periods of less than 6 months. If a judge can only practically take leave in shorter blocks (e.g. court caseload), refusal of approval under s.15(5) is inconsistent with the mandatory grant obligation in s.15(2), potentially rendering the mandatory grant hollow."},{"severity":"low","section_a":"sec.18(1)","section_b":"sec.18AA(2)","confidence":0.58,"description":"Section 18(1) reduces or eliminates pension when a retired judge receives salary for service in a judicial office of the Commonwealth or a State. Section 18AA addresses retired judges appointed as CCC chairperson or senior parole board member and suspends pension entirely (unless aged 65+). These two sections use different frameworks for what are analogous situations — s.18 applies a salary-offset mechanism with multiple exceptions including 'limited service', while s.18AA applies a blanket suspension with only an age exception. A retired judge serving part-time in a judicial office may benefit from the limited service exemption under s.18 but would receive no such protection under s.18AA for comparable quasi-judicial roles."},{"severity":"low","section_a":"sec.8(2)(a)","section_b":"sec.8(2)(b)","confidence":0.55,"description":"Section 8(2)(a) requires that a husband or wife must have married the retired judge before the judge's retirement to receive a pension. Section 8(2)(b) applies the same requirement to civil partners. However, s.8(2)(c) for de facto partners requires that the partner was a spouse both at retirement AND at death, effectively the same rule but expressed differently and with the added cohabitation requirements. The distinction in treatment between formally recognised relationships and de facto relationships — particularly the additional 2-year cohabitation requirement for de facto partners — may create inconsistency where a long-term de facto partner of decades is subject to stricter requirements than a spouse of a very recent marriage."}]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1957 scope. Originally focused solely on Queensland judges' pensions, it now encompasses: (1) service credit for acting judges and masters (1991); (2) recognition of interstate and Commonwealth judicial service (2007); (3) integration with the Crime and Corruption Commission chairperson role (2015); (4) integration with senior parole board member roles (2017); (5) family law splitting provisions for former spouses (2004); (6) superannuation surcharge and guarantee compliance (1995, 1999); and (7) extension to Industrial Relations Commission members and Land Court members via application provisions (section 18A). The Act has effectively become a central pension statute for multiple senior quasi-judicial offices, not just traditional judges."},"complexity_factors":["Multiple overlapping service-counting provisions (sections 2A, 2AA, 2AB, 2AC) with different commencement dates and conditions","Complex transitional salary calculations for pre-1984 judges involving 'notional salary amounts' and mathematical formulas (section 2B)","Interaction with external legislation: Family Law Act (divorce/splitting), CC Act (CCC chairperson), Corrective Services Act (parole board), Superannuation Contributions Tax Act, Judicial Remuneration Act","Nested conditional logic for spouse pensions distinguishing between married spouses, civil partners, and de facto partners with different qualifying periods (sections 7-8)","Tiered children's pension rates based on number of children and whether a spouse pension is payable (section 8A)","Exceptions to pension suspension for retired judges working in other judicial offices, including 'limited service' carve-outs (section 18)","Double-pension prevention rules for those who served as CCC chairperson or parole board president before becoming District Court judges (sections 2BA, 2BB)","Minimum benefit provisions interacting with superannuation guarantee requirements (section 2C)","Extensive cross-referencing between sections (e.g., sections 2AA and 2AB both modifying how 'length of service' is calculated for section 3)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the pension and long leave entitlements for Queensland judges, along with certain other senior judicial and quasi-judicial officers. It establishes a defined benefit scheme (a type of retirement plan where benefits are calculated by a set formula rather than investment returns) that pays judges a lifetime pension when they retire, and provides for their spouses and children if the judge dies.\n\n**Who it affects:**\n\n*   **Queensland judges** – including Supreme Court, District Court, and certain acting judges.\n*   **Former judges** who served in other Australian courts (Commonwealth or other States) – their prior service can count towards their Queensland pension.\n*   **CCC (Crime and Corruption Commission) chairpersons** and **senior parole board members** – special rules allow their service in these roles to count as judicial service for pension purposes.\n*   **Spouses and children** of judges – they may receive survivor pensions if the judge dies.\n*   **Former spouses** – under family law agreements or court orders, they may be entitled to a split of the judge's pension.\n\n**Key entitlements:**\n\n*   **Retirement pensions:** Judges who retire at 70 with at least 5 years' service get 6% of salary per year of service (capped at 60% of salary). Those retiring voluntarily at 60+ with 10+ years get 60% of salary. Those retiring due to ill health get enhanced benefits.\n*   **Survivor benefits:** Spouses get 50% of the judge's notional pension. Children get varying percentages depending on how many there are and whether a spouse pension is also being paid.\n*   **Long leave:** Judges accrue 6 months' paid leave after 7 years, then roughly 1 month per year after that.\n*   **Service counting rules:** Time served as an acting judge, master, CCC chairperson, senior parole board member, or judge in another Australian court can count towards the pension calculation.\n\n**Why it matters:**\n\nThis Act underpins the financial security and independence of the judiciary. Generous, secure pensions help attract qualified lawyers to the bench and protect judges from financial pressure that could compromise their impartiality. The long leave provisions recognise the demanding nature of judicial work. The complex web of rules about counting service from other roles reflects modern career paths where senior legal figures move between judicial and quasi-judicial appointments."}},"importantCases":[],"_links":{"self":"/api/acts/judges-pensions-and-long-leave-act-1957","history":"/api/acts/judges-pensions-and-long-leave-act-1957/history","analysis":"/api/acts/judges-pensions-and-long-leave-act-1957/analysis","conflicts":"/api/acts/judges-pensions-and-long-leave-act-1957/conflicts","importantCases":"/api/acts/judges-pensions-and-long-leave-act-1957/important-cases","documents":"/api/acts/judges-pensions-and-long-leave-act-1957/documents"}}