{"id":"supreme-court-judges-long-leave-payments-act-1980","name":"Supreme Court (Judges Long Leave Payments) Act 1980","slug":"supreme-court-judges-long-leave-payments-act-1980","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30631,"registerId":"nt-supreme-court-judges-long-leave-payments-act-1980-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Supreme Court (Judges Long Leave Payments) Act 1980","content":"NORTHERN TERRITORY OF AUSTRALIA\nSUPREME COURT (JUDGES LONG LEAVE PAYMENTS) ACT 1980\nAs in force at 1 June 2023\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n3A Application of Act ............................................................................. 2\n4 Payment on retirement or death of Judge ....................................... 2\n5 Payment .......................................................................................... 3\n6 Appropriation ................................................................................... 4\n7 Set off .............................................................................................. 4\n8 No payment on removal .................................................................. 4\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 June 2023\n____________________\nSUPREME COURT (JUDGES LONG LEAVE PAYMENTS) ACT 1980\nAn Act to provide for long leave payments to Judges\n1 Short title\nThis Act may be cited as the Supreme Court (Judges Long Leave\nPayments) Act 1980.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act, unless the contrary intention appears:\nacting Judge and additional Judge have the meanings ascribed\nthereto in the Supreme Court Act 1979.\nJudge means a Supreme Court Judge other than:\n(a) an acting Judge or an additional Judge; or\n(b) a Judge who also holds office as a Judge of a court\nestablished by or under a Commonwealth Act.\njudicial salary, in relation to a Judge, means salary at a weekly\nrate equal to one-fifty-second of the annual rate of salary that was\npayable to the Judge immediately before the Judge's retirement or\ndeath.\nretirement, in relation to a Judge, means ceasing to be a Judge\notherwise than by death.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nSupreme Court (Judges Long Leave Payments) Act 1980 2\n(2) For this Act, the following periods served by a Judge are taken to\nbe periods of service as a Judge and are added to the Judge's\nperiod of service as a Judge:\n(a) a period of service as an acting Judge;\n(b) a period of service as a judge of a court other than the\nSupreme Court determined by the Administrator to be a period\nof service as a Judge for the purposes of this Act.\n(3) For subsection (2) it is immaterial whether the Judge served a\nperiod mentioned in subsection (2)(a) or (b) immediately before a\nperiod of service as a Judge.\n3A Application of Act\n(1) This Act does not apply to a person who is appointed to be a Judge\nunder section 32(1)(c) or (d) of the Supreme Court Act 1979 on or\nafter the commencement of this section.\n(2) To avoid doubt, this Act applies to a person who is appointed to be\nthe Chief Justice of the Court on or after the commencement of this\nsection if the person was appointed to be a Judge of the Court\nunder section 32(1)(d) of the Supreme Court Act 1979 before the\ncommencement of this section.\n4 Payment on retirement or death of Judge\n(1) On:\n(a) the retirement of a Judge after having completed at least\n10 years service as a Judge; or\n(b) the death of a Judge, whether or not the Judge has completed\n10 years service as a Judge,\nan amount calculated in accordance with subsection (2) is payable\nin accordance with this Act.\n(2) The amount payable under subsection (1) in respect of a Judge is\nan amount equal to the judicial salary of the Judge for:\n(a) a period of 52 weeks; or\n(b) a period of weeks calculated at the rate of 5.2 weeks for each\ncompleted year of service as a Judge, other than any period of\nservice in respect of which the Judge has taken long leave or\nhas been paid in lieu of taking leave,\nwhichever is the lesser period.\n\nSupreme Court (Judges Long Leave Payments) Act 1980 3\n(3) If:\n(a) a Judge (not being a Judge to whom subsection (1) applies) is\nto cease to hold office as a Judge on attaining a particular\nage, and the Judge ceases to be a Judge on attaining that\nage; and\n(b) at the time of cessation, the period of the Judge's service as a\nJudge was at least 6 years,\nan amount calculated in accordance with subsection (5) is payable\nin accordance with this Act.\n(4) If:\n(a) a Judge (not being a Judge to whom subsection (1) applies)\nretires; and\n(b) the Attorney-General certifies under section 4(3) of the\nSupreme Court (Judges Pensions) Act 1980 that the\nretirement is due to permanent disability or infirmity,\nan amount calculated in accordance with subsection (5) is payable\nin accordance with this Act.\n(5) The amount payable under subsection (3) or (4) in respect of a\nJudge is an amount equal to the judicial salary of the Judge for a\nperiod of weeks calculated at the rate of 5.2 weeks for each\ncompleted year of service as a Judge, other than any period of\nservice in respect of which the Judge has taken long leave or has\nbeen paid in lieu of taking leave.\n5 Payment\n(1) Subject to subsection (4), an amount payable under section 4 on\nthe retirement of a Judge is payable to the Judge.\n(2) Subject to subsection (4), an amount payable under section 4 on\nthe death of a Judge is payable:\n(a) if the Judge leaves a spouse or de facto partner – to that\nspouse or de facto partner;\n(b) if the Judge does not leave a spouse or de facto partner but\nleaves a dependant – to that dependant; or\n(c) in any other case – to the legal personal representative of the\nJudge.\n\nSupreme Court (Judges Long Leave Payments) Act 1980 4\n(3) If an amount is payable under subsection (2)(b) to more than one\ndependant of a Judge, the Attorney-General may give a direction as\nto the distribution of the amount between or among those\ndependants.\n(4) If an amount is payable under this section to a person who is under\na legal disability, the Attorney-General may authorise payment of\nthe amount to a trustee appointed by the Attorney-General to be\nheld by the trustee on trust for the benefit of the person as the\nAttorney-General directs.\n6 Appropriation\nPayments under this Act are to be made from the public moneys of\nthe Territory and the appropriation for that purpose is established or\nincreased to the extent necessary.\n7 Set off\n(1) Where:\n(a) an amount is payable under this Act by reason of the service\nof a Judge as a Judge; and\n(b) an amount is or becomes payable otherwise than under this\nAct in respect of the service of that Judge referred to in\nsection 3(2)(b),\nthe amount that would, but for this subsection, be payable under\nthis Act in respect of that latter period shall be reduced by the\namount that is payable in respect of that period.\n(2) In this section, a reference to an amount in respect of service\nreferred to in section 3(2)(b) shall be read as a reference to any\namount or allowance paid or payable, whether by virtue of a law or\notherwise, out of moneys provided in whole or in part by the\nTerritory, a State, the Commonwealth or another Territory, being an\namount or allowance paid or payable by reason of judicial service\nor judicial service and any other service.\n8 No payment on removal\nUnless the Administrator otherwise directs, an amount is not\npayable under this Act by reason of the removal of a Judge\npursuant to section 40 of the Supreme Court Act 1979.\n\nENDNOTES\nSupreme Court (Judges Long Leave Payments) Act 1980 5\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSupreme Court (Judges Long Leave Payments) Act 1980 (Act No. 51, 1980)\nAssent date 4 June 1980\nCommenced 2 April 1982 (Gaz G13, 2 April 1982, p 4)\nSupreme Court (Judges Long Leave Payments) Amendment Act 1990 (Act No. 53,\n1990)\nAssent date 15 October 1990\nCommenced 15 October 1990\nStatute Law Revision Act 1991 (Act No. 31, 1991)\nAssent date 25 June 1991\nCommenced 25 June 1991\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nENDNOTES\nSupreme Court (Judges Long Leave Payments) Act 1980 6\nJudicial and Other Officers' Entitlements Legislation Amendment Act 2023 (Act No. 14,\n2023)\nAssent date 31 May 2023\nCommenced 1 June 2023 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 80 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4 and 8.\n5 LIST OF AMENDMENTS\ns 3 amd No. 53, 1990, s 4; No. 8, 2016, s 45; No. 14, 2023, s 20\ns 3A ins No. 14, 2023, s 21\ns 4 amd No. 53, 1990, ss 3 and 4; No. 31, 1991, s 14; No. 14, 2023, s 22\ns 5 amd No. 53, 1990, s 4; No. 1, 2004, s 62; No. 14, 2023, s 22\ns 6 sub No. 27, 1999, s 15\namd No. 15, 2009, s 16","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing long leave payments to Supreme Court Judges. While amendments have updated definitions (such as including de facto partners in 2004) and excluded certain new appointees from 2023 onwards, the core scope—calculating and paying long service entitlements to retiring or deceased Judges—has not expanded beyond its original intent."},"complexity_factors":["Short statute with only 8 operative sections plus interpretation provisions","Only 4 defined terms in section 3(1): 'acting Judge', 'additional Judge', 'Judge', 'judicial salary', and 'retirement'","Simple mathematical formula for calculating payments (5.2 weeks × years of service, capped at 52 weeks)","Two-tier eligibility structure (standard 10-year threshold vs reduced 6-year threshold for mandatory retirement/disability)","Single cross-reference to Supreme Court Act 1979 for definitions and removal procedures","Straightforward payment distribution hierarchy (spouse/de facto partner → dependant → estate)","One set-off provision (section 7) preventing double-dipping for prior judicial service","Recent amendment (2023) added targeted exclusion in section 3A for new appointees under specific appointment pathways"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a long service leave payment scheme for Supreme Court Judges in the Northern Territory. It ensures Judges receive a lump sum payment when they retire or die, calculated based on their years of service.\n\n**Who it affects:**\n\n- **Supreme Court Judges** of the Northern Territory (excluding acting Judges, additional Judges, and those who also sit on Commonwealth courts)\n- **Families of Judges** – if a Judge dies, their spouse, de facto partner, dependants, or estate receive the payment\n- **The Northern Territory Government** – which funds these payments from public money\n\n**Key rules:**\n\n- Judges must serve at least **10 years** to qualify for retirement payments (though death benefits apply regardless of service length)\n- The payment equals **5.2 weeks of salary per completed year of service**, up to a maximum of **52 weeks** (one year)\n- **Reduced benefits** apply if a Judge retires at mandatory retirement age with 6+ years service, or retires early due to permanent disability\n- **No payment** if a Judge is removed from office for misconduct (unless the Administrator decides otherwise)\n- **New appointees** under certain appointment pathways (section 32(1)(c) or (d) of the Supreme Court Act 1979) are excluded from the scheme if appointed after the 2023 amendments\n\n**Why it matters:**\n\nThis provides financial security for Judges after long service, recognising that judicial office often involves forgoing private sector income. It also ensures families are supported if a Judge dies in office. The 2023 amendments narrowed the scheme to exclude certain new appointees while protecting existing Judges' entitlements."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act remains narrowly focused on a capped lump‑sum 'long leave' payment for qualifying Supreme Court Judges, but its coverage has been narrowed over time. Notably, section 3A (inserted recently) excludes persons appointed under particular subsections of the Supreme Court Act 1979 from the Act's operation, thereby reducing the set of appointees who can claim the payment. Other amendments have adjusted calculation and appropriation mechanics and added explicit set‑off rules (s 7) — these are refinements that constrain overlap with other public entitlements rather than materially broadening the original single‑purpose scheme."},"complexity_factors":["Short length: 8 substantive sections (plus introductory material)","Defined terms: 'Judge' (with exclusions), 'judicial salary', 'retirement' and cross‑references to 'acting Judge' and 'additional Judge' in Supreme Court Act 1979 (s 3)","Several conditional eligibility pathways in s 4 (10‑year rule; death; mandatory‑age cessation with 6+ years; disability‑certified retirement)","\"Whichever is the lesser\" payment formula in s 4(2) combined with exclusion of periods already taken as long leave or paid in lieu","Set‑off provision cross‑references other payments and multiple public funding sources (s 7)","Discretions that require administrative decision‑making (Attorney‑General directions, trustee authorisation, Administrator's direction on removal) (s 5, s 8)","Cross‑references to other Acts (Supreme Court Act 1979; Supreme Court (Judges Pensions) Act 1980; Interpretation Act 1978) increase interpretive connections"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a one‑off \"long leave\" payment for certain Supreme Court Judges when they retire or die (see s 4–5).\n- Defines who counts as a Judge for this purpose (s 3) and treats specified periods of service (acting Judge service and certain other judicial service) as part of a Judge's service for calculating the payment (s 3(2)).\n- Caps the amount by reference to the judge's weekly \"judicial salary\" (one‑fifty‑second of the annual salary) and then applies a simple formula: payment equals the judicial salary for either 52 weeks or 5.2 weeks for each completed year of service, whichever gives the smaller period (s 3, s 4(2)).\n- Provides pro rata treatment for judges who cease on reaching a prescribed age (with at least 6 years service) and for judges who retire because of permanent disability certified by the Attorney‑General (s 4(3)–(5)).\n- On death, the payment goes to the spouse or de facto partner first, then dependants, then the judge's estate; the Attorney‑General can direct distribution between multiple dependants and can authorise a trustee to hold money for a person under legal disability (s 5).\n- Requires payments to be made from Territory public funds (s 6) and allows set‑off where the judge has already received a payment for the same service from another public source (s 7).\n- Provides that no payment is payable for a judge removed from office under s 40 of the Supreme Court Act 1979 unless the Administrator directs otherwise (s 8).\n- Excludes some later appointments from the Act's operation (s 3A).\n\nWho is affected\n\n- Beneficiaries: current and former Supreme Court Judges who meet the service and appointment criteria in the Act (see s 3 and s 3A), and their legal personal representatives, spouses/de facto partners or dependants on the judge's death (s 5).\n- Payers: the Northern Territory public purse — payments are paid from Territory funds (s 6).\n- Decision‑makers with discretion: the Attorney‑General (distribution among dependants; certification of disability is relevant under related pensions legislation) and the Administrator (may direct payment on removal) (s 4(4), s 5(3)–(4), s 8).\n\nWhy it matters (official purpose and practical effects)\n\n- The Act, as stated, provides a retirement/death benefit (labelled a long leave payment) to recognise accumulated leave entitlements or to provide income replacement on retirement or death (the Act's stated function is to \"provide for long leave payments to Judges\"). That is the explicit policy aim.\n\n- Practical effects and trade‑offs to note:\n  - Fiscal cost: payments are a charge on Territory public moneys (s 6). The beneficiaries are concentrated (individual judges or their estates); the cost is borne by taxpayers and budget appropriations. The Act itself creates or increases an appropriation as needed (s 6).\n  - Duplication control: the Act prevents double payment for the same period of service by reducing the amount payable under this Act by amounts paid from other public sources for the same judicial service (set‑off in s 7). This reduces overlap where a judge's earlier or concurrent service attracted other public entitlements.\n  - Targeting and limits: the formula caps the payment (maximum of 52 weeks at the judge's weekly rate) and excludes periods already taken as long leave or paid in lieu (s 4(2)). That limits open‑ended liability and reduces the incentive to claim both leave and a lump sum for the same period.\n  - Administrative discretion: the Attorney‑General can decide distribution among multiple dependants and can appoint a trustee for persons under disability (s 5(3)–(4)). The Administrator may withhold payment on removal except where direction is given (s 8). These are narrow but real points of administrative control.\n  - Coverage boundaries: section 3A (recently inserted) excludes persons appointed under particular subsections of the Supreme Court Act 1979 from this Act — narrowing who can claim. The Act also excludes acting and additional judges from the definition of \"Judge\" but still counts certain acting service in calculating service (s 3). Those drafting choices affect which judicial roles get the benefit and on what basis service is aggregated.\n\nCosts, incentives and implementation issues\n\n- Who pays: Territory taxpayers (s 6). The law imposes a specific public cost stream for qualifying judges on retirement or death.\n- Behavioural incentives: the cap, the \"whichever is the lesser\" rule (52 weeks vs 5.2 weeks per completed year), and the exclusion of periods already taken as long leave reduce incentives to convert current leave into an additional lump‑sum entitlement. The set‑off rule (s 7) discourages double claiming across jurisdictions or offices paid from public funds.\n- Implementation burden: modest. Payments are single lump sums; the chief administrative tasks are eligibility verification (service length, exclusions), calculation of the capped amount, determining rightful payees on death, applying set‑offs for other public payments, and any trustee arrangements for beneficiaries under legal disability (s 4–5, s 7). Cross‑agency information (to apply set‑offs) may add minor administrative overhead.\n- Discretion and legal risk: limited executive discretion exists (Attorney‑General, Administrator) over distribution and exceptional payment on removal (s 5(3)–(4), s 8). Those discretionary powers could raise questions of consistency or review in borderline cases, but the Act sets out objective thresholds for entitlement in most cases (years of service, death, disability certification under the related pensions Act).\n\nNet mechanics in one sentence\n\n- When a qualifying Supreme Court Judge retires, dies, reaches a prescribed retiring age after sufficient service, or retires due to certified disability, the Judge (or estate/partner/dependants) receives a single capped lump sum equal to up to 52 weeks of the judge's weekly salary (or a pro rata amount based on 5.2 weeks per completed year), paid from Territory funds, subject to offsets for similar public payments and a few administrative discretions (see ss 3–8)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-judges-long-leave-payments-act-1980","history":"/api/acts/supreme-court-judges-long-leave-payments-act-1980/history","analysis":"/api/acts/supreme-court-judges-long-leave-payments-act-1980/analysis","conflicts":"/api/acts/supreme-court-judges-long-leave-payments-act-1980/conflicts","importantCases":"/api/acts/supreme-court-judges-long-leave-payments-act-1980/important-cases","documents":"/api/acts/supreme-court-judges-long-leave-payments-act-1980/documents"}}