21A Pension entitlements of Chief Integrity Inspector, partner and eligible children
S. 21A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(1) Subject to this section, the Chief Integrity Inspector, and the partner and children of the Chief Integrity Inspector, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as—
(a) a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the Constitution Act 1975; and
(b) the partner and children of such a Judge under Part III of the Constitution Act 1975.
S. 21A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(2) Upon retirement or resignation, the Chief Integrity Inspector is entitled to a pension under this section if the Chief Integrity Inspector has attained the age of 65 years and—
S. 21A(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(a) the Chief Integrity Inspector has served in the office of Chief Integrity Inspector for not less than 5 years; or
S. 21A(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(b) having been appointed, the Chief Integrity Inspector is unable to serve as Chief Integrity Inspector for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office.
S. 21A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(3) Upon the death of the Chief Integrity Inspector or any person who was formerly the Chief Integrity Inspector and entitled to a pension under this section, the partner of the Chief Integrity Inspector or former Chief Integrity Inspector is entitled to a pension payable fortnightly at the rate of three-eighths of the salary referred to in subsection (8)(e) until—
(a) the partner's death; or
(b) the partner becomes the domestic partner or spouse of another person.
S. 21A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(4) If there are eligible children of a deceased Chief Integrity Inspector and no pension is otherwise payable under this section to or in respect of that Chief Integrity Inspector, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5).
S. 21A(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(5) The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Chief Integrity Inspector if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater).
S. 21A(6) amended by No. 31/2024 s. 113(Sch. 1 item 1.34).
(6) Eligible child in relation to a Chief Integrity Inspector means a child, adopted child or stepchild of the Chief Integrity Inspector or his or her partner—
(a) who is under the age of 16 years; or
(b) who—
(i) has attained the age of 16 years but is under the age of 25 years; and
(ii) is receiving full-time education at a school, college or university.
S. 21A(7) amended by No. 31/2024 s. 113(Sch. 1 item 1.33).
(7) Despite subsection (3), no pension is payable to the partner of any former Chief Integrity Inspector if that partner became the domestic partner or spouse of the former Chief Integrity Inspector after that Chief Integrity Inspector's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Chief Integrity Inspector immediately prior to that Chief Integrity Inspector's resignation or retirement.
(8) For the purposes of this section—
(a) section 83 of the Constitution Act 1975 is to be construed as if a reference to—
S. 21A(8)(a)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(i) service in the office of a Judge of the Court for not less than 10 years is a reference to service in the office of Chief Integrity Inspector for not less than 5 years; and
S. 21A(8)(a)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(ii) "Judge" or "Judge of the Court" were a reference to the Chief Integrity Inspector; and
S. 21A(8)(a)(iii) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(iii) "retirement" or "resignation" includes the expiry of a term of office as Chief Integrity Inspector; and
(b) sections 83(1)(a)(ii), (a)(iii) and (aa), (1A), (1B), (6)(aa), (a), (ab), (ac), (b) and (ba), (6A) and (7) of that Act do not apply; and
(c) sections 83AA to 83AI of that Act do not apply; and
S. 21A(8)(d) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(d) section 5A of the Constitution Act 1975 (other than subsection (2A)) applies and is to be construed as if a reference to "Judge" or "Judge of the Court" in that section of that Act were a reference to the Chief Integrity Inspector; and
(e) the annual salary on which a pension under this section is calculated is the annual salary for the time being applicable to the office of a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal).
S. 21A(9) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(9) If, on the expiration of his or her term of office as Chief Integrity Inspector, a person who served as Chief Integrity Inspector for not less than 5 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years—
S. 21A(9)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(a) on that person attaining the age of 65 years he or she, and his or her partner and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in this section as if he or she had only retired from the office of Chief Integrity Inspector on attaining that age; and
(b) any such pension is liable to be suspended or determined in the circumstances and to the extent set out in this section.
(10) A pension under this section is otherwise liable to be suspended or determined in the same circumstances and to the same extent as pensions under Part III of the Constitution Act 1975 are liable to be suspended or determined.
Example
Accepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal practice:
see section 83(4) of the Constitution Act 1975.
S. 21A(11) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(11) The Chief Integrity Inspector and his or her partner and children are not entitled to a pension under this section if—
S. 21A(11)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.33(a)).
(a) the Chief Integrity Inspector has held office as a judge of the Supreme Court, an Associate Judge of the Supreme Court, a judge of the County Court, an associate judge of the County Court or the Chief Magistrate; and
(b) that person, his or her partner or children are entitled to a pension under—
(i) section 83 of the Constitution Act 1975; or
(ii) section 104A of the Supreme Court Act 1986; or
(iii) section 14 or 17B of the County Court Act 1958; or
(iv) section 10A of the Magistrates' Court Act 1989.
(12) This section is taken to have effect on and from 1 January 2013.
S. 21A(13) inserted by No. 31/2024 s. 113(Sch. 1 item 1.35).
(13) The amendments made to this section in relation to the change of title of the Inspector by the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 do not affect the operation of this section in relation to entitlements of a pension of any Inspector, or any partner or child of an Inspector, who vacated office before those amendments commenced.