17HPayment and commutation of pensions of former associate judges

17H Payment and commutation of pensions of former associate judges (1) If an election under section 17F is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 17H(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 61(2)(a). (2) The former associate judge's pension and any future entitlement of the associate judge's partner or eligible child to a pension upon the associate judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under section 17G in consequence of the payment of the lump sum. (3) For the purposes of section 17G— S. 17H(3)(a) amended by No. 24/2008 s. 61(2). (a) the reduction of the former associate judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the associate judge resigned or retired; and S. 17H(3)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 61(2). (b) the reduction of any future entitlement of the associate judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the associate judge's partner and eligible children on the day on which the associate judge resigned or retired; and (c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and (d) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 17I (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 62(1). S. 17I inserted by No. 19/2001 s. 15, 17I Election of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge S. 17I(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2). (1) If no election made under section 17C or 17F is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former associate judge to receive a pension under this Act or the entitlement of the deceased former associate judge's partner or eligible child to receive a pension under this Act. S. 17I(2)(a) amended by Nos 23/2008 s. 13(4), 24/2008 s. 62(2)(b). (a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former associate judge's pension or his or her partner's or eligible child's pension; and (b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and S. 17I(2)(c) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2)(a). (c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and S. 17J (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 63(1). S. 17J 17J Actuary's calculation of reduction of pensions of associate judges' partners and eligible children (1) If an election is made under section 17I, the Minister must within 10 days after the day on which the Minister received the election— S. 17J(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 63(2). (a) cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge otherwise payable under this Act will be reduced subject to section 17K(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and (b) notify the person of the actuary's determination under subsection (1)(a). S. 17J(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 63(2). (2) A person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge may revoke his or her election under section 17I within 10 days after the Minister's notification under subsection (1)(b). S. 17K (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 64(1). S. 17K 17K Payment and commutation of pensions of former associate judges' partners and eligible children (1) If an election under section 17I is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 17K(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(a). (2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former associate judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 17J. (3) For the purposes of section 17J— S. 17K(3)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(b). (a) the reduction of any future entitlement of the associate judge's partner or eligible child to a pension must not exceed 15% of— S. 17K(3)(a)(i) amended by Nos 23/2008 s. 13(3), 24/2008 s. 64(2)(a). (i) an amount equal to the total pension entitlement of the associate judge and his or her partner and eligible children on the day on which the associate judge resigned or retired; or S. 17K(3)(a)(ii) amended by Nos 23/2008 s. 13(4), 24/2008 s. 64(2). (ii) in the case of the associate judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the associate judge died; and (b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and (c) the reduction must be applied from the day of payment of the lump sum under subsection (1). Pt 1 Div. 3AB (Heading and ss 17KA–17KI) inserted by No. 63/2013 s. 37. Division 3AB—Reserve associate judges S. 17KA inserted by No. 63/2013 s. 37. 17KA Appointment of reserve associate judges (1) The Governor in Council may appoint as many reserve associate judges as are necessary for transacting the business of the court. (2) A person is not eligible for appointment as a reserve associate judge unless he or she— (a) has not attained the age of 78 years; and (b) is, or has been— (i) an associate judge; or (ii) an associate judge or a master (however designated) of a District Court of another State. (3) The instrument of appointment of a person as a reserve associate judge must specify the terms and conditions of appointment. (4) A reserve associate judge is eligible for re‑appointment as a reserve associate judge. S. 17KB inserted by No. 63/2013 s. 37. 17KB Cessation of office (1) A reserve associate judge ceases to hold office on the earlier of— (a) the end of 5 years from the date of his or her appointment as a reserve associate judge; or (b) attaining the age of 78 years. (2) A reserve associate judge may resign by sending his or her resignation in writing to the Governor. (3) A reserve associate judge may only be removed from office in the same way and on the same grounds as an associate judge is liable to be removed from office. S. 17KC inserted by No. 63/2013 s. 37. 17KC Chief Judge may engage reserve associate judge to undertake duties of associate judge (1) The Chief Judge may, from time to time, by notice in writing, engage a reserve associate judge to undertake the duties of an associate judge— (a) on a full time basis; or (b) on a sessional basis. (2) Without limiting subsection (1), an engagement under that subsection— (a) may specify the duties that a reserve associate judge is to undertake; and (b) must specify the period of the engagement. (3) The Chief Judge does not have the power to revoke or amend a notice of engagement under subsection (1), other than with the consent of the reserve associate judge. (4) An engagement under subsection (1) must not exceed 6 months. (5) For the purpose of deciding whether, when, or on what basis to engage a reserve associate judge to undertake duties, the Chief Judge may request the reserve associate judge to provide any information that the Chief Judge considers may be relevant to enable a decision to engage to be made. S. 17KD inserted by No. 63/2013 s. 37. 17KD Powers, jurisdiction, immunities and protection of reserve associate judge Subject to this Act, a reserve associate judge has the same powers, jurisdiction, immunities and protection as an associate judge when undertaking the duties of an associate judge in accordance with an engagement under section 17KC. S. 17KE inserted by No. 63/2013 s. 37. 17KE Pension rights and service not affected by being a reserve associate judge (1) Service as a reserve associate judge does not count as service in the office of associate judge for the purposes of section 14(5)(aa) or 17B. (2) Despite section 17B(7), appointment as a reserve associate judge does not affect the right of an associate judge to a pension under section 17B. S. 17KF inserted by No. 63/2013 s. 37. 17KF Engaging in legal practice or other paid employment (1) Except with the approval of the Chief Judge, a reserve associate judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of an associate judge under section 17KC or acting under section 17KI. (2) Except with the approval of the Chief Judge, a reserve associate judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve associate judge receives remuneration while engaged to undertake the duties of an associate judge under section 17KC or acting under section 17KI. S. 17KG (Heading) amended by No. 29/2015 s. 83(1). S. 17KG inserted by No. 63/2013 s. 37. 17KG Salary, allowances and conditions of service of reserve associate judges S. 17KG(1) substituted by No. 29/2015 s. 83(2). (1) Each reserve associate judge engaged to undertake the duties of an Associate Judge under section 17KC is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the **Judicial Entitlements Act 2015**. S. 17KG(2) substituted by No. 29/2015 s. 83(2). (2) Each reserve associate judge engaged to undertake the duties of an Associate Judge under section 17KC is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the **Judicial Entitlements Act 2015**. S. 17KG(3)–(9) repealed by No. 29/2015 s. 83(3). S. 17KG(10) amended by No. 29/2015 s. 83(4). (10) Despite subsection (1), a reserve associate judge who is also a serving associate judge or master (however designated) of a court of another State is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State. S. 17KG(11) repealed by No. 29/2015 s. 83(3). S. 17KH inserted by No. 63/2013 s. 37, amended by No. 29/2015 s. 66(ILA s. 39B(1)). 17KH Appropriation of certain amounts in relation to reserve associate judges (1) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for reserve associate judges; and (b) premiums and other amounts payable under the **Accident Compensation (WorkCover Insurance) Act 1993** in respect of any reserve associate judge; and (c) payroll tax payable under the **Payroll Tax Act 2007** in respect of wages paid or payable to any reserve associate judge; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve associate judge; and (e) superannuation contributions within the meaning of the **Payroll Tax Act 2007** payable in respect of any reserve associate judge. S. 17KH inserted by No. 29/2015 s. 66. (2) In this section, ***non-salary benefits*** has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the **Public Administration Act 2004**. S. 17KI inserted by No. 63/2013 s. 37. 17KI Power to complete matters—associate judges and reserve associate judges (1) This section applies to— (a) an associate judge whose appointment under section 17A ceases under section 17A(2)(a) or (d); (b) a reserve associate judge engaged under section 17KC whose engagement expires; (c) a reserve associate judge engaged under section 17KC— (i) whose engagement expires; and (ii) whose appointment as a reserve associate judge ceases, other than by way of resignation— but only if at the time of that cessation or expiry the associate judge or reserve associate judge had a matter— (d) that was part-heard before him or her; or (e) in respect of which his or her decision or determination is pending. (2) Subject to subsection (4), a former associate judge, reserve associate judge or former reserve associate judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former associate judge, reserve associate judge or former reserve associate judge (as the case may be) had heard, or partly heard, before the cessation of his or her appointment or expiry of his or her engagement. (3) For the purposes of subsection (2)— (a) a reserve associate judge to whom this section applies whose engagement has expired is taken to be engaged under section 17KC; and (b) a former associate judge or former reserve associate judge to whom this section applies— (i) holds office as a reserve associate judge by virtue of this section as if he or she had been appointed under section 17KA; and (ii) is taken to be a reserve associate judge engaged under section 17KC; and (c) section 17KG does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and (d) the person may continue to serve as a reserve associate judge for the purposes of subsection (2) despite having attained the age of 78 years. (4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of— (a) the completion of the matters referred to in subsection (2); or (b) 6 months from the date of that appointment or engagement; or (c) the person being appointed under section 17KA as a reserve associate judge. (5) A person to whom this section applies may resign his or her office as reserve associate judge under this section by notice in writing to the Governor. (6) Nothing in this section prevents a person being appointed as a reserve associate judge under section 17KA at any time, if he or she is eligible to be so appointed. (7) Nothing in this section affects the operation of section 15. Pt 1 Div. 3B (Heading and ss 17L–17V) inserted by No. 34/2010 s. 33.