{"id":"C2004A02969","name":"National Crime Authority (Status and Rights of Former Chairman) Act 1984","slug":"national-crime-authority-status-and-rights-of-former-chairman-act-1984","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"105 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":25942,"registerId":"commonwealth-C2004A02969-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the National Crime Authority (Status and Rights of Former Chairman) Act 1984.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act:\n\n> office under the Commonwealth includes:\n\n    (a) an office established by, or an appointment made under, a law of the Commonwealth or a law of a Territory other than the Northern Territory;\n    (b) an appointment made by the Governor‑General or a Minister otherwise than under such a law;\n    (c) an office or appointment in the service or employment of a corporation established for a public purpose by or under a law of the Commonwealth or a law of a Territory other than the Northern Territory;\n    (d) an appointment as a director of an incorporated company over which the Commonwealth is in a position to exercise control; or\n    (e) an office or appointment in the service or employment of such an incorporated company.\n\n> remuneration includes any expenses of office allowance, annual allowance or other allowance in the nature of remuneration.\n\n> retirement has the same meaning as in the Judges’ Pensions Act 1968.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"#### 4 Application\n\n  This Act applies in relation to the Honourable Donald Gerard Stewart, being the person holding office at the commencement of this Act as the Chairman of the National Crime Authority, but so applies only if he has, whether before or after the commencement of this Act, resigned his office as a Judge of the Supreme Court of New South Wales.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Status","content":"#### 5 Status\n\n  The Honourable Donald Gerard Stewart shall:\n    (a) during the period of his service in the office of Chairman of the National Crime Authority;\n    (aa) during the period of his service in the office of Chairperson of the Resource Assessment Commission; and\n    (b) during any period of service by him in another full‑time office under the Commonwealth that is declared by the Governor‑General by notice published in the Gazette to be an office to which this section applies;\n  have the same designation, rank, status and precedence as a Judge of the Supreme Court of the Australian Capital Territory.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Leave and other conditions of service","content":"#### 7 Leave and other conditions of service\n\n  (1) Notwithstanding section 40 of the National Crime Authority Act 1984, during the term of office of the Honourable Donald Gerard Stewart as Chairman of the National Crime Authority, the conditions of service (including entitlement to leave) applicable to him shall be, mutatis mutandis, the same as those applicable to a Judge of the Supreme Court of the Australian Capital Territory.\n  (1A) Notwithstanding the Resource Assessment Commission Act 1989, during the term of office of the Honourable Donald Gerard Stewart as Chairperson of the Resource Assessment Commission, the conditions of service (including entitlement to leave) applicable to him shall be, with appropriate changes, the same as those applicable to a Judge of the Supreme Court of the Australian Capital Territory.\n  (2) At the expiration of the term of office of the Honourable Donald Gerard Stewart as Chairperson of the Resource Assessment Commission:\n    (a) subject to paragraphs (b) and (c), he is entitled to long leave under the arrangements applicable for long leave for Judges of the Supreme Court of the Australian Capital Territory;\n    (b) for the purpose of determining his entitlement, the periods of his service as Chairperson of that Commission, as Chairman of the National Crime Authority, as a Judge of the Supreme Court of New South Wales and as a Judge of the District Court of New South Wales shall be deemed to have been periods of service as a Judge of the Supreme Court of the Australian Capital Territory; and\n    (c) he is not entitled to long leave under those arrangements in respect of any period of service referred to in paragraph (b) in respect of which he has received a payment under section 4 of the Judges (Long Leave Payments) Act 1979 as that section has effect by virtue of subsection (4) of this section.\n  (3) During any period of long leave that is taken by the Honourable Donald Gerard Stewart in accordance with his entitlement under subsection (2) in respect of a period of service referred to in that subsection, he shall be paid remuneration at the rate at which remuneration is payable during that period to a Judge of the Supreme Court of New South Wales in respect of the holding of an office of Judge of that Court.\n  (4) If the Honourable Donald Gerard Stewart becomes entitled to a payment under section 4 of the Judges (Long Leave Payments) Act 1979 at a time when he holds a full‑time office under the Commonwealth:\n    (a) the making of the payment shall be deferred until he has ceased to hold such an office;\n    (b) his qualifying service for the purpose of calculating the amount payable shall not include any period of service in respect of which he took long leave after becoming entitled to the payment;\n    (c) the amount payable shall be calculated as if the annual rate of salary that was payable to him immediately before his retirement or death was the annual rate of salary that was payable to a Judge of the Supreme Court of New South Wales at the time when the Honourable Donald Gerard Stewart ceased to hold a full‑time office under the Commonwealth; and\n    (d) if he ceased to hold a full‑time office under the Commonwealth as mentioned in paragraph (a) by reason of his death, subsections 5(2), (3) and (4) of the Judges (Long Leave Payments) Act 1979 apply in respect of him as if he had been a Judge within the meaning of that Act at the time of his death.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Application of Judges’ Pensions Act","content":"#### 8 Application of Judges’ Pensions Act\n\n  The application in relation to the Honourable Donald Gerard Stewart of the Judges’ Pensions Act 1968 is subject to the following provisions of this section:\n    (a) service by him as Chairman of the National Crime Authority, whether the service took place before, or takes place after, the commencement of this Act, shall be deemed, for the purposes of the Judges’ Pensions Act 1968, to have been, or to be, service as a Judge;\n    (aa) service by him as Chairperson of the Resource Assessment Commission shall be taken, for the purposes of the Judges’ Pensions Act 1968, to be service as a Judge;\n    (b) upon his death or retirement, the appropriate current judicial salary in relation to him for the purposes of the Judges’ Pensions Act 1968 shall be deemed to be the salary from time to time payable to a Judge of the Supreme Court of New South Wales;\n    (c) for the purposes of paragraph 6(2D)(a) of the Judges’ Pensions Act 1968, he shall be deemed to be a judge who is to cease to hold office as a judge upon his attaining a particular age being the age:\n    (i) if subparagraph (ii) does not apply—that will be attained by him at the expiration of the period of his appointment as Chairperson of the Resource Assessment Commission; or\n    (ii) in the event of his re‑appointment as such Chairperson—at the expiration of the period of such re‑appointment.\n    (d) if, during any period after his retirement, he holds, or performs the duties of, a full‑time office under the Commonwealth, pension is not payable to him under the Judges’ Pensions Act 1968 in respect of that period.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Modification of Administrative Appeals Tribunal Act","content":"#### 9 Modification of Administrative Appeals Tribunal Act\n\n  (1) Notwithstanding anything contained in the Administrative Appeals Tribunal Act 1975:\n    (a) the Honourable Donald Gerard Stewart may be appointed under that Act to hold office as a full‑time Deputy President of the Administrative Appeals Tribunal and may be so appointed notwithstanding that he holds the office of Chairman of the National Crime Authority;\n    (b) if he is so appointed, he shall be paid the same remuneration as is payable to a Deputy President who is not a Judge within the meaning of that Act; and\n    (c) he may continue to hold office as a full‑time Deputy President notwithstanding that he holds the office of Chairperson of the Resource Assessment Commission.\n  (2) If the Honourable Donald Gerard Stewart is appointed to hold office as a full‑time Deputy President of the Administrative Appeals Tribunal by an appointment that takes effect at a time when he holds the office of Chairman of the National Crime Authority then, while he holds the second‑mentioned office, he is not entitled to receive any remuneration in respect of his holding the first‑mentioned office except to the extent (if any) to which the remuneration that, but for this subsection, would be payable to him in respect of his holding the first‑mentioned office exceeds the remuneration payable to him in respect of his holding the second‑mentioned office.\n  (3) If the Honourable Donald Gerard Stewart holds office as a full‑time Deputy President of the Administrative Appeals Tribunal while he holds the office of Chairperson of the Resources Assessment Commission, then, while he holds both offices, he is not entitled to receive any remuneration in respect of his office of Deputy President except to the extent (if any) to which the remuneration that, but for this subsection, would be payable to him in respect of his office of Deputy President exceeds the remuneration payable to him in respect of his office of Chairperson.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally scoped solely to Stewart's role as Chairman of the National Crime Authority. Its scope was later expanded — through amendments — to also cover his subsequent appointment as Chairperson of the Resource Assessment Commission, and to allow him to simultaneously hold a position on the Administrative Appeals Tribunal. These additions materially broadened the Act beyond its original single-role purpose."},"complexity_factors":["Cross-references multiple other Acts including the Judges' Pensions Act 1968, Judges (Long Leave Payments) Act 1979, Administrative Appeals Tribunal Act 1975, National Crime Authority Act 1984, and Resource Assessment Commission Act 1989","Requires understanding of judicial appointment and pension frameworks to interpret correctly","Contains detailed provisions about avoiding double-payment when holding concurrent offices","Amended over time to add new roles (Resource Assessment Commission Chairperson) via inserted subsections, creating a patchwork structure","Use of Latin phrase 'mutatis mutandis' (meaning 'with the necessary changes') and technical terms requiring interpretation","Interaction between Commonwealth and state judicial frameworks (NSW and ACT Supreme Courts) adds jurisdictional complexity","Long leave calculation involves aggregating service periods across multiple different roles and court appointments"],"plain_english_summary":"This one‑person Act preserves the employment status, leave, and pension entitlements of Donald Gerard Stewart when he left his NSW Supreme Court judgeship to chair the National Crime Authority (and later the Resource Assessment Commission). It treats his NCA/RAC service as judicial service for pay, long service leave and Judges' Pensions, permits concurrent AAT appointment with safeguards against double payment, ensuring judges can be recruited for key public roles without losing bench benefits."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act creates targeted exceptions and adjustments to existing legislation for one named individual. It alters the operation and scope of the Judges’ Pensions Act 1968, Judges (Long Leave Payments) Act 1979, Administrative Appeals Tribunal Act 1975 and relevant Commonwealth service rules in relation to Donald Gerard Stewart by deeming specified service to be judicial, deferring or modifying long‑leave payments, permitting concurrent full‑time appointments with remuneration offsets, and enabling the Governor‑General to extend the treatment to other offices (see ss 4, 5, 7 and 8)."},"complexity_factors":["Individualised application to a named person rather than a class of office-holders (s 4).","Deeming provisions that treat various periods of service as judicial service for status, leave and pension purposes (ss 5; 8(a), 8(aa), 8(b)).","Cross-references and modifications to multiple other statutes (Judges’ Pensions Act 1968 (s 8), Judges (Long Leave Payments) Act 1979 (s 7(4)), National Crime Authority Act 1984 (s 7(1)), Resource Assessment Commission Act 1989 (s 7(1A)), Administrative Appeals Tribunal Act 1975 (s 9)), increasing interpretive complexity.","Detailed rules for long leave entitlement, payment deferral, qualifying service and rate calculations with conditional exclusions and death contingencies (s 7(2)–(4)).","Concurrent full‑time appointments allowed with explicit remuneration offset rules to prevent double payment (s 9(1)–(3); s 9(2)–(3)).","Governor‑General discretion to declare additional full‑time Commonwealth offices to which the status provisions will apply (s 5(b)).","Definitions and scope of key terms (office, remuneration, retirement) affect how the deeming and payment rules operate (s 3).","Retroactive and prospective application language—service before or after commencement may be affected—requires historical fact‑finding (s 4; s 8(a)).","Interplay between holding office and pension suspension (s 8(d)) creates administrative and compliance burdens for payroll and pension authorities."],"plain_english_summary":"Mechanically, the Act treats Donald Gerard Stewart’s service as Chairman of the National Crime Authority (and as Chairperson of the Resource Assessment Commission) as equivalent to service as a Judge of the Supreme Court of the Australian Capital Territory for rank, leave, remuneration and pension purposes. It defers certain long‑leave payments while he holds full‑time Commonwealth office, deems periods of service to count as judicial service for pension calculations, permits concurrent full‑time appointments with capped overlapping pay, and allows the Governor‑General to declare other offices to which these rules apply."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1984 Act was narrowly focused solely on Stewart's role as NCA Chairman. However, amendments in 1989 (evident from inserted sections like 5(aa), 7(1A), 8(aa), and 8(c)) significantly expanded scope to cover his subsequent appointment as Chairperson of the Resource Assessment Commission, plus potential future re-appointments and dual roles with the Administrative Appeals Tribunal. What began as single-purpose legislation for one agency appointment grew into a comprehensive personal employment framework spanning multiple Commonwealth offices."},"complexity_factors":["Multiple amending instruments referenced (1989 amendments for Resource Assessment Commission role visible in section numbers jumping from 5 to 7)","Extensive cross-referencing to four other Acts: *National Crime Authority Act 1984*, *Resource Assessment Commission Act 1989*, *Judges' Pensions Act 1968*, *Judges (Long Leave Payments) Act 1979*, and *Administrative Appeals Tribunal Act 1975*","Nested conditional logic in pension calculations (section 8) with multiple deeming provisions","Complex salary offset mechanisms in sections 9(2) and 9(3) preventing 'double-dipping' when holding multiple offices","Latin term 'mutatis mutandis' used in section 7(1) without plain English equivalent (means 'with necessary changes')","Specific personal triggers throughout ('if he has...resigned', 'upon his death or retirement', 'if...he holds...a full-time office')","5 defined terms in interpretation section, but with expansive recursive definitions (e.g., 'office under the Commonwealth' has 5 sub-paragraphs)"],"plain_english_summary":"**What this law does:**\n\nThis is a highly specific, one-person law that creates special employment conditions for **Donald Gerard Stewart**, a former New South Wales judge who became the first Chairman of the National Crime Authority (NCA) in 1984.\n\n**Why it was needed:**\n\nWhen Stewart resigned from the NSW Supreme Court to lead the NCA (Australia's first national body fighting organised crime), he faced a problem: leaving the bench meant losing his judicial pension entitlements and status. This Act fixes that by:\n\n- **Preserving his judicial status** — While serving as NCA Chairman (and later as Chairperson of the Resource Assessment Commission), Stewart keeps the same \"designation, rank, status and precedence\" as a judge of the ACT Supreme Court\n- **Protecting his pension** — His time at the NCA counts as \"judicial service\" for pension purposes under the *Judges' Pensions Act 1968*\n- **Matching his pay and conditions** — He gets the same leave entitlements, long service leave, and salary arrangements as an ACT judge\n- **Allowing dual roles** — He can simultaneously serve as a Deputy President of the Administrative Appeals Tribunal without losing benefits, though he can't double-dip on salary\n\n**Who it affects:**\n\nLiterally one person: Donald Gerard Stewart. The Act repeatedly names him and includes clauses triggered by his specific career moves (his resignation from the NSW bench, his later appointment to the Resource Assessment Commission in 1989, and his potential re-appointment there).\n\n**Why it matters:**\n\nThis is a classic example of \"private legislation\" — Parliament passing a law for one individual to solve a specific problem. It reflects the difficulty of attracting senior judges to head new agencies when doing so would normally mean sacrificing secure judicial pensions and status. The Act was later amended in 1989 when Stewart took on additional roles, showing how personal legislation evolves with the individual's career."}},"importantCases":[],"_links":{"self":"/api/acts/national-crime-authority-status-and-rights-of-former-chairman-act-1984","history":"/api/acts/national-crime-authority-status-and-rights-of-former-chairman-act-1984/history","analysis":"/api/acts/national-crime-authority-status-and-rights-of-former-chairman-act-1984/analysis","conflicts":"/api/acts/national-crime-authority-status-and-rights-of-former-chairman-act-1984/conflicts","importantCases":"/api/acts/national-crime-authority-status-and-rights-of-former-chairman-act-1984/important-cases","documents":"/api/acts/national-crime-authority-status-and-rights-of-former-chairman-act-1984/documents"}}