{"id":"nsw:act-1979-177","name":"Judicial Office (Papua New Guinea) Act 1979","slug":"judicial-office-papua-new-guinea-act-1979","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"177 of 1979","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108164,"registerId":"nsw-act-1979-177-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Judicial Office (Papua New Guinea) Act 1979](/view/html/inforce/current/act-1979-177).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n2 Interpretation\n\n> > (1) In this Act:\n> > \n> > appointed day means a day specified in a proclamation under subsection (2) as the appointed day for the purposes of this Act.\n> > \n> > head of the jurisdiction:\n> > \n> > > (a) in relation to a judge of the Supreme Court of New South Wales, means the Chief Justice of that Court,\n> > \n> > > (b) in relation to a member of the Industrial Commission of New South Wales, means the President of that Commission,\n> > \n> > > (c) in relation to a judge of the District Court, means the Chief Judge of that Court, and\n> > \n> > > (d) in relation to a member of the Workers’ Compensation Commission, means the Chairman of that Commission.\n> > \n> > judge has the meaning ascribed thereto by section 2 (1) of the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041), but does not include a person in his capacity as Chairman of the Crown Employees Appeal Board.\n> \n> > (2) The Governor may, by proclamation published in the Gazette, specify a day as the appointed day for the purposes of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Leave to take judicial office in the Independent State of Papua New Guinea","content":"#### 3 Leave to take judicial office in the Independent State of Papua New Guinea\n\n3 Leave to take judicial office in the Independent State of Papua New Guinea\n\n> > (1) The Governor, on application made by a judge, may, by instrument in writing, with the concurrence in writing of the appropriate head of the jurisdiction, grant to that judge leave for him to be absent from his office as a judge for the purpose of enabling him to accept and hold the judicial office in the service of the Independent State of Papua New Guinea that is specified in the instrument.\n> \n> > (2) Leave granted to a judge under subsection (1) commences on the day specified in the instrument granting him the leave as the day on which the leave commences and expires:\n> > \n> > > (a) upon the expiration of the period (being a period not exceeding 12 months) specified in that instrument as the period for which it was granted or of such additional period or periods as the Governor, on application made by the judge, may, by instrument in writing, determine,\n> > \n> > > (b) upon the expiration of the period specified in the instrument granting him the leave as the period within which he is to take office in the judicial office so specified, unless he has taken office in that judicial office before the expiration of that period,\n> > \n> > > (c) upon his ceasing, otherwise than by reason of his death, to hold the judicial office specified in the instrument granting him the leave,\n> > \n> > > (d) upon his attaining the retiring age for judges holding the office of judge, being the office of judge of the same kind as that held by him immediately before the leave commenced, if he attains that age before his leave would, but for this paragraph, expire, or\n> > \n> > > (e) upon his death, if he dies before his leave would, but for this paragraph, expire,\n> > \n> > whichever first happens.\n> \n> > (3) Leave shall not be granted to a judge under subsection (1):\n> > \n> > > (a) to commence earlier than the appointed day, or\n> > \n> > > (b) to expire after the expiration of 2 years after the appointed day.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Judge’s status while on leave","content":"#### 4 Judge’s status while on leave\n\n4 Judge’s status while on leave\n\n> While a judge is on leave granted to him under section 3 (1) he retains the office as a judge held by him immediately before the leave commenced but is not entitled to exercise or perform any jurisdiction, powers, authorities, duties or functions as the holder of that office of judge.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Resumption of office by judge","content":"#### 5 Resumption of office by judge\n\n5 Resumption of office by judge\n\n> Upon the expiration, under section 3 (2) (a), (b) or (c), of leave granted to a judge under section 3 (1) the judge is entitled to, and shall, resume the exercise and performance of the jurisdiction, powers, authorities, duties and functions attaching to the office as a judge held by him immediately before the leave commenced.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Operation of Judges’ Pensions Act 1953","content":"#### 6 Operation of Judges’ Pensions Act 1953\n\n6 Operation of [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041)\n\n> The [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041) applies to and in respect of a judge to whom leave has been granted under section 3 (1) as if any period of that leave taken by him were, for the purposes of that Act, part of the period of his service as a judge.","sortOrder":5}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No amendment history or alternative text is provided in the source. As drafted, the Act permits specified NSW judges to take temporary leave to serve in Papua New Guinea while retaining office and pension service; procedural requirements and time limits in the Act define that scope."},"complexity_factors":["Cross-reference to Judges’ Pensions Act 1953 which treats leave as service for pension purposes (s 6).","Governor’s discretion to grant leave by written instrument, subject to concurrence of the appropriate head of jurisdiction (s 3(1)).","Requirement for an 'appointed day' to be proclaimed by the Governor affects timing and eligibility for leave (s 2(1)–(2); s 3(3)(a)).","Nested time limits and renewal mechanics: initial leave period not exceeding 12 months, possible additional periods by application, and a cap tied to 2 years after the appointed day (s 3(2)(a); s 3(3)(b)).","Status mechanics while on leave—retains office but is barred from exercising jurisdiction, powers and duties (s 4)—and automatic resumption triggers (s 5; s 3(2)(b)–(e)).","Definitions and scope of who counts as a 'judge' are linked to another statute and include an express exclusion (s 2(1)).","Relatively short statute but precise procedural and temporal conditions create implementation and administrative attention points (proclamations, instruments, concurrence, applications)."],"plain_english_summary":"This Act lets certain New South Wales judges take formal leave so they can accept a specified judicial post in the Independent State of Papua New Guinea while keeping their NSW judicial office. The Governor grants leave in writing with the relevant head of jurisdiction's concurrence. Leave is time‑limited, suspends the judge’s ability to exercise NSW judicial functions while away, and counts as service for judges’ pensions."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is no evidence of scope change — the Act has not been amended since its commencement in December 1979. It appears to have remained exactly as originally enacted. However, because the full text was not provided, this assessment is based solely on the absence of any recorded amendments in the metadata."},"complexity_factors":["Full legislative text was not provided — only website metadata and navigation elements are present, making substantive analysis impossible","The Act appears to be narrow and highly specific in scope, targeting a very small cohort of former judicial officers","No amendments have been made since 1979, suggesting the law is simple and static","Historical and transitional nature of the subject matter (PNG independence era) may involve cross-jurisdictional legal context, adding modest complexity"],"plain_english_summary":"The Judicial Office (Papua New Guinea) Act 1979 (NSW) appears to set out recognition or legal/procedural arrangements for people who held judicial office in Papua New Guinea, likely addressing entitlements such as pensions or service recognition after PNG’s independence. It is a narrow NSW law (Attorney‑General responsibility), unchanged since 1979, affecting a small group of former PNG judicial officers and their families; the full operative text is not provided here."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating temporary secondment of NSW judges to Papua New Guinea around the time of PNG's independence. The scope has not expanded beyond this specific transitional arrangement."},"complexity_factors":["Short statute: only 6 operative sections","Minimal defined terms: only 3 defined terms in section 2 (appointed day, head of the jurisdiction, judge)","Simple conditional structure: primarily time-based triggers for leave expiration in section 3(2)","Single cross-reference: incorporates definitions from the Judges' Pensions Act 1953","Clear purpose-driven drafting: each section addresses one discrete aspect (application, leave conditions, status, resumption, pensions)","No nested exceptions or complex deeming provisions"],"plain_english_summary":"**What this law does:**\n\nThis Act allows certain New South Wales judges to take temporary leave from their Australian positions to serve as judges in Papua New Guinea, without losing their NSW judicial status or pension rights.\n\n**Who it affects:**\n\n- **NSW judges** of the Supreme Court, District Court, Industrial Commission, and Workers' Compensation Commission\n- **The Governor of NSW** (who grants the leave)\n- **Heads of jurisdiction** (Chief Justice, Chief Judge, Presidents, and Chairmen who must agree to the leave)\n- **Papua New Guinea** (which gets temporary access to experienced Australian judges)\n\n**How it works:**\n\n- A NSW judge can apply to the Governor for leave to take up a specific judicial position in Papua New Guinea\n- The **head of their jurisdiction** (their boss, essentially) must agree in writing\n- Leave can last up to **12 months** initially, with possible extensions, but **cannot exceed 2 years total** from a designated \"appointed day\"\n- While on leave, the judge **keeps their NSW job title** but **cannot exercise any judicial powers** in NSW\n- When leave ends, they **automatically resume** their NSW judicial duties\n- **Crucially**, their time in Papua New Guinea **counts as service** for their NSW judicial pension\n\n**Why it matters:**\n\nThis was a transitional arrangement for Papua New Guinea's independence in 1975. The new nation needed experienced judges to build its legal system, and Australia wanted to help without forcing NSW judges to resign their positions and sacrifice their careers. It let experienced judges \"lend\" their expertise while keeping their home-base secure."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/judicial-office-papua-new-guinea-act-1979","history":"/api/acts/judicial-office-papua-new-guinea-act-1979/history","analysis":"/api/acts/judicial-office-papua-new-guinea-act-1979/analysis","conflicts":"/api/acts/judicial-office-papua-new-guinea-act-1979/conflicts","importantCases":"/api/acts/judicial-office-papua-new-guinea-act-1979/important-cases","documents":"/api/acts/judicial-office-papua-new-guinea-act-1979/documents"}}