{"id":"judges-retirement-act-1937","name":"Judges' Retirement Act 1937","slug":"judges-retirement-act-1937","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30771,"registerId":"wa-judges-retirement-act-1937-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judges' Retirement Act 1937","content":"![Crest]()Western Australia\n\nJudges’ Retirement Act 1937\n\nWestern Australia\n\nJudges’ Retirement Act 1937\n\nContents\n\n1. Short title and construction 1\n\n2. Interpretation 1\n\n3. Retirement of Judges 2\n\n4. Resignation of judges 2\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nJudges’ Retirement Act 1937\n\nAn Act to provide for the retirement of Judges of the Supreme Court and to provide for their pensions on such retirement; to amend the *Constitution Act 1889* and the *Supreme Court Act 1935*; and for other purposes consequent thereon and incidental thereto.\n\n##### 1. Short title and construction\n\n(1) This Act may be cited as the *Judges’ Retirement Act 1937* 1.\n\n(2) This Act shall be read and construed with and as an amendment of the *Constitution Act 1889* (52 Vict., No. 23), and the *Supreme Court Act 1935* (No. 36 of 1935).\n\n##### 2. Interpretation\n\nIn this Act —\n\n  Judge means and includes any person appointed to and holding any of the following offices —\n\n(a) Chief Justice of Western Australia; or\n\n(aa) President of the Court of Appeal; or\n\n(b) Judge of the Supreme Court of Western Australia; or\n\n(c) Acting Judge or Auxiliary Judge of the Supreme Court of Western Australia; or\n\n(ca) Master or acting Master of the Supreme Court of Western Australia; or\n\n(d) a Commissioner of the Supreme Court of Western Australia appointed under section 49 of the *Supreme Court Act 1935*.\n\n[Section 2 amended: No. 23 of 1997 s. 11; No. 45 of 2004 s. 34(2).]\n\n##### 3. Retirement of Judges\n\n(1) Notwithstanding anything to the contrary contained in the *Constitution Act 1889*, or in the *Supreme Court Act 1935*, but subject to —\n\n(a) section 11AA of the latter Act; or\n\n(b) sections 16 and 18A of the *District Court of Western Australia Act 1969*,\n\nas the case requires, every Judge appointed after the commencement of this Act who shall attain the age of 70 years shall retire from office on the day on which he attains such age, and thereupon the office of such Judge shall by virtue of this Act become vacant.\n\n(2) Despite subsection (1), any Judge who ceases to hold office under this section on attaining the age of 70 years may nevertheless complete the hearing and determination of any action, cause, matter, trial or proceeding that was pending before him immediately before attaining that age.\n\n(3) This section shall not apply to any Judge who holds office as a puisne Judge at the date of the commencement of this Act and who is hereafter appointed to the office of Chief Justice.\n\n[Section 3 amended: No. 23 of 1997 s. 12; No. 45 of 2004 s. 34(3); No. 19 of 2010 s. 51.]\n\n##### 4. Resignation of judges\n\n(1) A Judge may at any time resign from office by giving his written and signed resignation to the Governor.\n\n(2) If the Governor agrees to the resignation, it takes effect on the day on which the Governor agrees to it or on any later day that it may specify.\n\n(3) A Judge who resigns from office may complete the hearing and determination of any action, cause, matter, trial or proceeding that was pending before him immediately before his resignation took effect and for that purpose the Judge’s appointment is to be taken to be extended until he has done so.\n\n[Section 4 inserted: No. 45 of 2004 s. 34(4).]\n\nNotes\n\n1 This is a compilation of the *Judges’ Retirement Act 1937* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** | |\n| --- | --- | --- | --- | --- |\n| *Judges’ Retirement Act 1937* | 8 of 1937 | 8 Dec 1937 | 8 Dec 1937 | |\n| *Judges’ Salaries and Pensions Act 1950* s. 4 | 35 of 1950 | 16 Dec 1950 | 16 Dec 1950 | |\n| **Reprint of the *Judges’ Retirement Act 1937* as at 19 Jan 1989** (includes amendments listed above) | | | | |\n| *Acts Amendment (Auxiliary Judges) Act 1997* Pt. 4 | 23 of 1997 | 18 Sep 1997 | 18 Sep 1997 (see s. 2) | |\n| **Reprint 2: The *Judges’ Retirement Act 1937* as at 5 Dec 2003** (includes amendments listed above) | | | | |\n| *Acts Amendment (Court of Appeal) Act 2004* s. 34 | 45 of 2004 | 9 Nov 2004 | 1 Feb 2005 (see s. 2 and *Gazette* 14 Jan 2005 p. 163) | |\n| *Standardisation of Formatting Act 2010* s. 51 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n\n\n2 Marginal notes in the *Judges’ Retirement Act 1937* referring to legislation of other jurisdictions have been omitted.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nJudge 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The core purpose—creating an age-based mandatory retirement for judges—remains the statute’s original and continuing purpose. Subsequent amendments have broadened the list of offices captured (for example adding auxiliary/acting judges, Masters, and the President of the Court of Appeal) and inserted a resignation-completion provision (s 4), but these are extensions of the same policy (who is covered and how resignations operate) rather than a substantial change of scope. Pension and salary details were handled in separate legislation referenced in the compilation table rather than by a material expansion of this Act’s substantive remit."},"complexity_factors":["Short Act with four operative sections (ss 1–4).","Single defined term: Judge (s 2) but it enumerates multiple offices and was amended to add categories (1997, 2004 amendments).","Cross-references to other statutes: Constitution Act 1889, Supreme Court Act 1935 (including s 11AA), District Court of Western Australia Act 1969 (ss 16 and 18A).","A small number of conditional rules and exceptions: ability to finish pending matters (s 3(2); s 4(3)); exclusion for puisne judges later appointed Chief Justice (s 3(3)).","Minor executive discretion: Governor’s acceptance and specification of resignation effective date (s 4(2)).","Compilation history and later amendments referenced in notes, requiring readers to check related instruments for full effect (Compilation table)."],"plain_english_summary":"**What the law does (mechanically)**\n\n- The Act makes retirement at age 70 mandatory for Judges appointed after the Act began. A judge who reaches 70 automatically vacates the office on their 70th birthday (s 3(1)).\n- A judge who reaches 70 may nonetheless finish any hearing, trial or proceeding that was already before them immediately before that birthday (s 3(2)).\n- The mandatory retirement rule is subject to particular provisions in other statutes (it is applied “notwithstanding” older Acts but is subject to section 11AA of the Supreme Court Act 1935 and sections 16 and 18A of the District Court of Western Australia Act 1969) (s 3(1)).\n- The Act defines which judicial officers it covers: Chief Justice, President of the Court of Appeal, Supreme Court judges (including acting/auxiliary judges), Masters (and acting Masters) and Commissioners appointed under s 49 of the Supreme Court Act 1935 (s 2).\n- A judge may resign in writing to the Governor; the resignation takes effect when the Governor accepts it (or on a later day the Governor specifies) (s 4(1)–(2)).\n- A resigning judge may complete any proceedings that were pending immediately before the resignation became effective; for that purpose their appointment is treated as extended until completion (s 4(3)).\n\n**Who it affects**\n\n- Judicial officers of the Western Australian Supreme Court and related offices listed in the Act (Chief Justice, President of the Court of Appeal, puisne judges, Acting/Auxiliary Judges, Masters, and Commissioners) (s 2).\n- The Governor (who accepts resignations and fixes their effective date) and the public administration that manages judicial appointments and pensions (see compilation references).\n\n**Why it matters / practical consequences**\n\n- It creates a clear, automatic age limit (70) for judicial tenure for judges appointed after commencement (s 3). That changes turnover dynamics in the judiciary by producing predictable vacancies.\n- It reduces the risk of sudden discontinuity: judges can finish matters already before them after they hit the retirement age or after resignation (s 3(2); s 4(3)). That preserves case continuity and avoids rehearings in many situations.\n- Resignations are subject to the Governor’s agreement and effective date, which gives the executive a formal role in timing a judge’s departure (s 4(1)–(2)).\n- The Act is intended to interact with other statutes (Constitution Act 1889, Supreme Court Act 1935 and the District Court Act) that continue to govern other aspects of judicial appointment, tenure and court organisation (s 1(2); s 3(1) cross-references).\n\n**Pensions and related financial arrangements**\n\n- The Act’s long title refers to pensions, and later legislation (for example the Judges’ Salaries and Pensions Act 1950) deals with judicial pensions — the retirement age here triggers the end of office that will interact with pension rules in those other laws (compilation table).\n\n**Incentives, costs and implementation trade-offs**\n\n- Who pays: pensions and replacement-appointment costs are borne by public funds; the Act itself creates the trigger (retirement) that makes those costs payable under the pension laws.\n- Who decides: the Act makes retirement automatic at 70 (no decision-maker required), but the Governor decides when a written resignation takes effect (s 4(1)–(2)). Replacement appointments and pension payments are governed by other statutes and administrative processes.\n- Behavioural effects: judges and court managers can plan staff transitions because retirement is age-determined and predictable; judges can avoid leaving proceedings unfinished because the Act explicitly allows completion of pending matters (s 3(2); s 4(3)).\n- Opportunity costs and risks: mandatory retirement removes the option to retain very experienced judges beyond 70, which can accelerate loss of institutional knowledge; conversely it creates openings for new appointees. If several judges approach the age limit contemporaneously, there can be concentrated short-term replacement costs and temporary workload pressures.\n- Administrative burden and implementation risk: the rule is straightforward to apply to most judges, but cross-references to other Acts and multiple categories of judicial office (including acting and auxiliary roles) can require legal and administrative checking (s 2; s 3(1)). The Governor’s discretionary acceptance of resignations creates a small area of executive control over timing (s 4(2)).\n\n**Limits of what this short Act does**\n\n- The Act sets the retirement trigger and resignation mechanics; it does not by itself set pension amounts or appointment procedures — those are handled elsewhere (see compilation and cross-references)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and current provisions is possible."},"complexity_factors":["Legislation content was entirely unavailable — only a 'page not found' notice was retrieved","No operative provisions, definitions, schedules, or amendments could be assessed","Complexity score reflects inability to analyse, not simplicity of the underlying law"],"plain_english_summary":"## Judges' Retirement Act 1937 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian law could not be retrieved. The legislation page is no longer accessible at its previous web address due to system and security upgrades on the Western Australian Parliament website.\n\n**What we know from the title alone:**\nBased on its name, this Act likely deals with the retirement conditions, ages, and entitlements (such as pensions or superannuation) for judges serving in Western Australian courts. Laws of this type typically affect:\n- **Judges** of state courts (e.g., Supreme Court, District Court)\n- **The Western Australian government**, which funds judicial entitlements\n- **Court administration** and how judicial vacancies are managed\n\n**To access this legislation**, visit the Western Australian Parliamentary Counsel's Office website (legislation.wa.gov.au) and search for the Act by name, or contact the Parliamentary Counsel's Office Helpdesk directly."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 1937 Act applied only to Supreme Court judges. Over time, amendments have expanded coverage to include new judicial roles created after 1937: the President of the Court of Appeal (added 2004), auxiliary judges (added 1997), acting masters, and commissioners. The resignation provisions were also added in 2004, whereas the original Act only dealt with retirement. However, the core purpose—setting a retirement age and providing pensions—remains intact."},"complexity_factors":["Very short statute (only 4 substantive sections)","Minimal defined terms (only 1 defined term: 'Judge')","Simple conditional logic (age-based trigger with two explicit exceptions)","Limited cross-referencing (references to 3 other Acts, but only to specify what this Act amends or operates alongside)","No nested exceptions or complex procedural requirements","Straightforward administrative process (written resignation to Governor)"],"plain_english_summary":"**What this law does:**\n\nThis law sets the rules for when judges in Western Australia must retire and how they can resign. It also ensures they receive pensions when they retire.\n\n**Who it affects:**\n\n- **Supreme Court judges** in Western Australia, including:\n  - The Chief Justice (the head judge)\n  - The President of the Court of Appeal\n  - Regular Supreme Court judges\n  - Acting and auxiliary (temporary) judges\n  - Masters of the Supreme Court (senior court officers who handle certain cases)\n  - Commissioners of the Supreme Court\n\n**Key rules:**\n\n- **Mandatory retirement age:** Most judges must retire when they turn **70 years old**. Their position automatically becomes vacant on their birthday.\n- **Finishing pending cases:** Even after turning 70 or resigning, a judge can stay on just long enough to finish any cases they were already hearing.\n- **Resignation:** Judges can resign at any time by giving written notice to the Governor. The resignation takes effect when the Governor accepts it (or on a later date if specified).\n- **Grandfather clause:** There's a special exception for judges who were already serving as \"puisne judges\" (ordinary judges, not the Chief Justice) when this law started in 1937. If one of those judges later gets promoted to Chief Justice, the mandatory retirement age doesn't apply to them.\n\n**Why it matters:**\n\nThis law ensures there's a predictable, fair system for judicial turnover. It prevents judges from serving indefinitely (which could raise concerns about mental fitness or fresh perspectives), while protecting their financial security through pensions. It also ensures continuity of justice by letting retiring judges finish cases they've already started."}},"importantCases":[],"_links":{"self":"/api/acts/judges-retirement-act-1937","history":"/api/acts/judges-retirement-act-1937/history","analysis":"/api/acts/judges-retirement-act-1937/analysis","conflicts":"/api/acts/judges-retirement-act-1937/conflicts","importantCases":"/api/acts/judges-retirement-act-1937/important-cases","documents":"/api/acts/judges-retirement-act-1937/documents"}}