The Act defines several critical concepts in section 4(1). "Judge" includes the Chief Justice, President, and puisne judges of the Supreme Court (other than persons appointed to act in the stead of a puisne judge), a Master of the Supreme Court (subject to a transitional exception), a Judge of the District Court (excluding acting Judges appointed under section 12(3) of the District Court Act 1991), a chairman or deputy chairman of the Licensing Court of South Australia first appointed after the Act's commencement, and any person declared by proclamation to be included. "Former Judge" means a person who has been a Judge and who is entitled to a preserved pension under section 6A or who is or has been in receipt of a pension under the Act (other than a pension under section 12, which has been deleted). "Judicial service" covers service in any of those capacities, including acting service, whether before or after commencement, and any other service declared by proclamation. "Salary" for a Judge who has retired, resigned, or died is the salary payable immediately before that event, but if the Judge was on leave without pay immediately before, salary is taken to be what would have been payable had the Judge not been on leave (section 4(2)). "Notional pension" for a deceased Judge is the pension that would have been payable if the Judge had retired on the day of death and included the period from death until the date the Judge would have attained the age of retirement; for a deceased former Judge whose pension was preserved under section 6A and not yet in payment, it is 60 per cent of the former salary adjusted for CPI between resignation and the date the survivor pension first becomes payable. "Spouse" means a person legally married to the Judge or former Judge as at the date of death. "Domestic partner" is defined by reference to a declaration under the Family Relationships Act 1975 or a registered relationship under the Relationships Register Act 2016. "Eligible child" means a child or adopted child of the deceased Judge or former Judge, or of the deceased's spouse or domestic partner (excluding children born of a pregnancy commenced after the death or adopted after death), who is under 16, or if 16 to 25 is in full-time attendance at a recognised educational institution. "Age of retirement" means the age prescribed in the relevant appointment Act. The "Consumer Price Index" is the All Groups index for Adelaide. The "scheme" is the pension scheme for Judges established under this Act (section 17C). "Growth phase" and "payment phase" have the same meanings as in the Commonwealth regulations under the Family Law Act. These definitions are fundamental to calculating entitlements and determining eligibility.

The Act directly affects Judges of the Supreme Court, District Court, and Licensing Court of South Australia, including the Chief Justice, President, and Masters of the Supreme Court, as defined in section 4(1). It also affects former Judges who have preserved pensions under section 6A or who are receiving a pension under the Act. Beyond the primary beneficiaries, the Act affects their surviving spouses and domestic partners, who may receive a life pension under section 8 or 6A(3). Eligible children of a deceased Judge or former Judge are also potential beneficiaries of child benefits under sections 10A to 10F. The Treasurer of South Australia carries significant responsibilities under the Act: paying pensions from the Consolidated Account or a special deposit account (sections 14 and 17M), adjusting pensions for CPI (section 14A), commuting pensions to pay the deferred superannuation contributions surcharge (section 17A), and administering Part 2A in relation to Family Law splits (sections 17F to 17L). The Governor can exercise discretion to direct that a pension be payable in circumstances that would otherwise preclude it, for example where a Judge is removed from office (section 13) or appointed within five years of the retirement age (section 5(1)). The Minister certifies invalidity-based resignations under section 7 and determines to whom child benefits are payable under section 10D. An actuary may be engaged to determine commutation factors under section 17A(6). Legal personal representatives of deceased Judges or former Judges may receive a refund of contributions if no survivor is entitled (section 15). Non-member spouses or domestic partners under Part 2A are directly affected: they may receive a lump sum or associate pension following a payment split, subject to the terms of the splitting instrument and the Act's provisions. The Act also affects persons declared to be domestic partners under the Family Relationships Act 1975 or in a registered relationship. Judges who were contributors under the Superannuation Act 1988 immediately before appointment and who are excluded from this Act by section 5(1) will instead be treated as employees under that Act for the period of their judicial service (section 5(2)). Thus the Act has a broad reach across the judicial system, the State Treasury, and family law practitioners dealing with superannuation splitting.

The Act confers several key rights. A Judge who retires (i.e., ceases to be a Judge by attaining the age of retirement) is entitled to a pension at a rate equal to 40 per cent of salary plus 1 per cent of salary for each complete six months of judicial service after the first five years, capped at 60 per cent of salary (section 6). A Judge with at least ten years' judicial service who has attained age 60 and resigns is entitled to the same pension formula (section 6(b)). A Judge with 15 years or more judicial service who resigns before age 60 is entitled to a preserved pension of 60 per cent of salary (adjusted for CPI from resignation to commencement) payable at age 60 or earlier upon total incapacity (section 6A). A Judge who resigns due to permanent disability or infirmity, certified by the Minister, is entitled to a pension calculated as if the Judge had retired on the resignation date and had served until the age of retirement, again capped at 60 per cent of salary (section 7). Survivors have rights to pensions: a surviving spouse or domestic partner of a Judge or former Judge receives a pension for life at two-thirds of the notional pension (section 8); if both a spouse and a domestic partner survive, the benefit is divided proportionally to cohabitation periods (section 9). Eligible children receive child benefits in fortnightly amounts: when a spouse or domestic partner pension is payable, the child benefit is one-ninth of the notional pension for one or two children, or one-third of the notional pension divided by the number of children for three or more (section 10B); when no spouse or domestic partner pension is payable, the child benefit is 45 per cent for one child, 40 per cent for two, 30 per cent for three, or the notional pension divided by the number for four or more (section 10C). These child benefits cease when the child is no longer eligible (section 10E). A Judge who was in office immediately before the Act's commencement and who retires, resigns, or dies after that commencement is entitled to a minimum pension of 50 per cent of salary (section 11). Pensions must be adjusted by the Treasurer twice yearly in April and October based on CPI movements (section 14A). A former Judge may apply to commute part of the pension to pay a deferred superannuation contributions surcharge (section 17A). Under Part 2A, a non-member spouse has the right to have an interest created following a splitting instrument; if the pension is in the growth phase, the non-member spouse receives a lump sum (section 17G); if in the payment phase, the non-member spouse may elect an associate pension for life or commutation to a lump sum (section 17H). The non-member spouse's legal representative may also elect commutation upon the non-member spouse's death (section 17H(5)). The Treasurer has duties to comply with Commonwealth requirements as if a trustee of the scheme (section 17L), to pay benefits within 28 days after an election (section 17I(2)), and to deduct outstanding fees from benefits (section 17N(2)). A spouse or domestic partner who has received or is entitled to a benefit under a splitting instrument loses the right to a survivor pension on the death of the Judge (section 17K). A refund of contributions is payable to a Judge who resigns or is removed and is not entitled to a pension, or to the legal representative if the Judge dies without leaving an entitled survivor (section 15).

The Act does not contain criminal penalties or enforcement mechanisms like those found in occupational health and safety legislation. However, it imposes consequences for certain behaviours and circumstances. A Judge removed from office under the Constitution Act 1934 or otherwise under an Act or law is not entitled to a pension unless the Governor otherwise directs (section 13). This is a forfeiture provision that strips the pension right upon removal, subject to executive discretion. Similarly, a Judge first appointed within five years of the age of retirement is generally not entitled to a pension unless the Governor directs otherwise (section 5(1)). This operates as a de facto exclusion from the scheme. Where a deceased Judge or former Judge is survived by both a spouse and a domestic partner, the survivor benefit is divided based on cohabitation periods; but if a benefit is paid to one survivor on the assumption they are the sole survivor, the other survivor has no claim on the benefit already paid unless they gave notice to the Treasurer before the date of payment (section 9(4)). This creates a risk for the non-receiving survivor if they fail to notify the Treasurer in time. A spouse or domestic partner who receives a benefit under a splitting instrument (or who is entitled to nothing under such an instrument) loses any entitlement to a survivor pension under the Act (section 17K). Survivors failing to comply with a Treasurer's request for information relevant to dividing benefits under section 9(1) may face no specific penalty, but the Act does not provide for a sanction beyond the request (section 9(3)). Under Part 2A, the Treasurer may deduct unpaid fees from pensions or other benefits payable to a defaulting member spouse or non-member spouse after one month of the fee becoming payable (section 17N(2)). This is a direct enforcement mechanism for fee recovery. No provisions exist for late payment penalties, interest on unpaid pensions, or sanctions against the Treasurer for failing to adjust pensions. The Act is silent on review rights or appeals from decisions of the Minister or Treasurer, although such decisions may be subject to judicial review under general law. The legislative history shows that section 13 was substituted by the Judicial Conduct Commissioner Act 2015, but the substance remains that removal forfeits pension absent a Governor's direction. Overall, enforcement under the Act is limited, with the primary mechanism being the denial or reduction of benefits in specified circumstances.

The Judges' Pensions Act 1971 interacts with several other statutes and Commonwealth laws. It expressly interacts with the Superannuation Act 1988 in section 5(2): if a Judge is excluded from this Act by the five-year rule in section 5(1) and was a contributor under the Superannuation Act 1988 immediately before appointment, that Act applies to the Judge as if the Judge were an employee and contributions are at the standard rate. The definition of "domestic partner" in section 4(1) relies on the Family Relationships Act 1975 for declarations of domestic partnership, and on the Relationships Register Act 2016 for registered relationships. The phrase "age of retirement" is defined by reference to the Act or enactment under which the Judge is appointed. The Act also references the Public Finance and Audit Act 1987 for the establishment of special deposit accounts from which pensions may be paid (sections 14 and 17M). The Constitution Act 1934 is mentioned in section 13 as one basis for removing a Judge. Part 2A (sections 17B to 17O) is the most significant interaction: it facilitates the division of superannuation interests under the Commonwealth Family Law Act 1975 and incorporates definitions from Part VIIIB of that Act and the Family Law (Superannuation) Regulations 2001 (Cth). Section 17E provides that the value of an interest is determined in accordance with Part 5 of those Commonwealth regulations, subject to modifications by regulation under this Act. Section 17E(2) gives effect to Commonwealth Minister approvals under regulations 38 or 43A. Section 17I requires payments to comply with the Superannuation Industry (Supervision) Act 1993 (Cth) (the SIS Act) when paying out lump sums. The interest may be rolled over to the Southern State Superannuation Fund (continued under the Southern State Superannuation Act 2009) or to another approved fund (section 17I(1)(b) and (c)). The Treasurer must comply with requirements under Part VIIIB of the Family Law Act 1975 as if the Treasurer were the trustee of the scheme (section 17L). Section 17A interacts with the Commonwealth Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997, allowing commutation to pay the deferred superannuation contributions surcharge. The Act also references the Industrial Code 1967, Local and District Criminal Courts Act 1926, Supreme Court Act 1935, Industrial Conciliation and Arbitration Act Amendment Act 1984, Statutes Amendment (Public Actuary) Act 1992, and other amendment Acts. The legislative history table shows amendments from the Judicial Conduct Commissioner Act 2015 (amending section 13) and the Statutes Amendment (South Australian Employment Tribunal) Act 2016 (deleting paragraphs from the definition of Judge). The Act's interaction with these laws is primarily definitional, cross-referencing, or through the mechanism of pension splitting under federal family law.

The Judges' Pensions Act 1971 has been amended numerous times. The principal Act was enacted on 22 April 1971 and commenced on 1 May 1971. Significant amendments include the Judges' Pensions Act Amendment Act 1974 (No. 72/1974), which ceased orphan pensions under section 10 and introduced the deemed becoming of eligible children. The Statutes Amendment (Administration of Courts and Tribunals) Act 1981 (No. 34/1981) amended the definition of Judge to include Masters of the Supreme Court. The Statutes Amendment (Public Actuary) Act 1992 (No. 69/1992) amended section 14A on adjustment of pensions. The Statutes Amendment (Adjustment of Superannuation Pensions) Act 1998 (No. 20/1998) substituted section 14A to provide for CPI-based adjustment from 1 October 1997. The Judges' Pensions (Preserved Pensions) Amendment Act 1998 (No. 69/1998) inserted section 6A for preserved pensions on resignation before 60, added the Consumer Price Index definition, and made extensive changes to definitions including former Judge and notional pension. The Statutes Amendment (Commutation for Superannuation Surcharge) Act 1999 (No. 23/1999) inserted section 17A allowing commutation for deferred superannuation contributions surcharge. The Statutes Amendment (Indexation of Superannuation Pensions) Act 2001 (No. 40/2001) further revised section 14A to the current six-month adjustment periods. The Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003 (No. 49/2003) added Part 2A entirely. The Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004 (No. 51/2004) deleted section 12 and the Schedule, and amended section 17K. The Statutes Amendment (Domestic Partners) Act 2006 (No. 43/2006) inserted the definitions of domestic partner and spouse, substituted sections 8 and 9, and made transitional provisions that survivor pension amendments apply only if the death occurs after 1 June 2007. The Statutes Amendment and Repeal (Superannuation) Act 2012 (No. 37/2012) substituted section 5(2), deleted section 16, and amended section 17G and the Southern State Superannuation Fund definition. The Judicial Conduct Commissioner Act 2015 (No. 34/2015) substituted section 13 to remove reference to removal under the Constitution Act 1934 (now "whether pursuant to the Constitution Act 1934 or otherwise under an Act or law"). The Statutes Amendment (South Australian Employment Tribunal) Act 2016 (No. 63/2016) deleted paragraphs (c) and (ca) from the definition of Judge. The Statutes Amendment (Registered Relationships) Act 2017 (No. 13/2017) substituted the domestic partner definition to include registered relationships. The Supreme Court (Court of Appeal) Amendment Act 2019 (No. 45/2019) amended the definition of Judge. The Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 (No. 46/2019) amended sections 9A, 11, 17B, and 17K to update references to spouses and domestic partners. Sections 2 and 3 were omitted under the Legislation Revision and Publication Act 2002. The legislative history also notes that Part 3, Part 4, Part 5, and the Schedule have been omitted or deleted over time.

The text of the Act as provided does not refer to any litigated cases. The legislative history table and the provisions themselves do not name any decided cases or court proceedings that have interpreted the Act. No judgments are cited, and the Act contains no preamble referencing prior judicial decisions. Accordingly, this deep dive cannot provide any litigation history derived from the source. It is possible that decisions under the Act exist in South Australian courts, particularly concerning the division of benefits under Part 2A or the meaning of "domestic partner" in the context of the Family Relationships Act 1975, but the source material is silent on these matters. Readers should consult case law databases or legal commentary for any reported decisions. The Act's interaction with the Commonwealth Family Law Act 1975 may have generated case law in the Family Court of Australia regarding valuation of interests or enforcement of splitting orders, but again the source does not mention such cases. The absence of litigation history in the text means that the Act as presented does not disclose any judicial interpretation.

Practitioners should be alert to several traps in the Act. Section 5(1) provides that a Judge appointed within five years of the age of retirement is not entitled to a pension unless the Governor directs otherwise. This could catch judges appointed late in their careers. Section 5(2) then diverts such judges to the Superannuation Act 1988 as if they were ordinary employees. The preserved pension under section 6A requires at least 15 years of judicial service and only becomes payable at age 60 or earlier upon total incapacity of 60 per cent or more. A Judge with 14 years of service who resigns before 60 receives nothing immediate and has no entitlement at all. The invalidity pension under section 7 requires a Minister's certificate that resignation is due to permanent disability or infirmity; without that certificate, the standard resignation rules apply. The minimum pension under section 11 applies only to Judges who were in office immediately before the Act's commencement (1 May 1971) - a very limited class. The death benefit for a spouse or domestic partner under section 8 is two-thirds of the notional pension, but section 9A provides that no survivor pension is payable if section 17K applies, i.e., if a payment split has occurred and the surviving spouse or domestic partner has received a benefit or is not entitled to any amount. This could leave a surviving non-member spouse with no ongoing benefit despite being the de facto survivor. The division between a spouse and a domestic partner under section 9 is based on cohabitation periods, and separate periods of less than three months are disregarded; this can lead to disputes over what constitutes cohabitation. Section 9(4) is a trap for a surviving spouse or domestic partner who fails to give notice to the Treasurer before a benefit is paid to the other survivor - any later claim is barred. Child benefits under sections 10B and 10C are only payable to eligible children as defined, and the definition excludes children born or adopted after the Judge's death (except those of the spouse or domestic partner existing before death). The adjustment of pensions under section 14A uses the Adelaide CPI, which may under- or over-state cost-of-living changes compared to national indices. Pensions are only adjusted twice yearly; if the pension has been payable for less than six months at the adjustment date, the increase is pro-rated (section 14A(2)). The commutation for superannuation surcharge under section 17A must be applied for within three months of the tax notice; a spouse or domestic partner has six months after death or the notice, whichever is later, but the Treasurer must be satisfied the lump sum will be used to pay the surcharge. Under Part 2A, a non-member spouse's interest may be delayed if the member spouse has less than 10 years of judicial service - the interest is created only when 10 years is reached or the member ceases to be a Judge (section 17F(2)). The non-member spouse cannot receive a pension during the growth phase; only a lump sum. The associate pension under section 17H(3)(c) carries no derivative or reversionary rights - it ceases on the non-member spouse's death. If a non-member spouse does not make an election within 28 days of the Treasurer's notice, the interest is automatically rolled over to the Southern State Superannuation Fund (section 17I(3)). Section 17K is absolute: any spouse or domestic partner who has received or is entitled to receive a benefit under a splitting instrument loses any survivor pension, even if the splitting instrument gives them nothing. Officers should also note that the definition of "former Judge" includes only those with a preserved pension under section 6A or those who are or have been in receipt of a pension (excluding the now-deleted section 12); a Judge with a refund of contributions under section 15 is not a former Judge and their survivors get nothing.

Compliance with the Act is primarily the responsibility of the Treasurer of South Australia, but Judges, former Judges, and survivors also have obligations to follow. For the Treasurer, the core compliance duties include ensuring that pensions are paid fortnightly from the Consolidated Account or a special deposit account (section 14), and adjusting the amount of each pension twice yearly in April and October based on the percentage variation in the Adelaide CPI between prescribed quarters (section 14A(1)). The Treasurer must adjust even if the variation is negative (the Act does not permit a reduction direction to avoid a decrease - subsection (3) allows the Treasurer to direct that subsection (1) does not apply to avoid a reduction, but this is permissive). The Treasurer must maintain records of all pension entitlements and calculations, including notional pension amounts and child benefit determinations. When a Judge resigns or retires, the Treasurer should calculate the pension under section 6, 6A, or 7 as applicable, using the salary immediately before ceasing (or the notional salary if on leave without pay - section 4(2)). For preserved pensions under section 6A, the salary is adjusted for CPI from resignation to commencement. For survivor benefits upon a Judge's death, the Treasurer must identify whether a spouse, domestic partner, or both survive, and if both, obtain from them the information necessary to determine cohabitation periods under section 9 (the Treasurer may request this information under subsection (3)). The Treasurer must then pay the survivor pension at two-thirds of the notional pension, divided if necessary. If there are eligible children, the Treasurer must calculate child benefits under sections 10B or 10C and determine to whom they are paid (section 10D). For Family Law matters, the Treasurer must comply with Part 2A: upon receipt of a splitting instrument, determine the value of the interest per Commonwealth regulations (section 17E), create an interest for the non-member spouse (subject to the 10-year judicial service delay in section 17F(2)), and then pay or roll over the benefit per the non-member spouse's election within 28 days (section 17I(2)). If no election is made, the interest is rolled over to the Southern State Superannuation Fund (section 17I(3)). The Treasurer must comply with Part VIIIB of the Family Law Act 1975 as if a trustee of the scheme (section 17L). For commutation under section 17A, the Treasurer must apply actuary-determined factors. The Treasurer may also fix fees under section 17N and deduct unpaid fees from benefits. For a Judge or former Judge, compliance means lodging timely applications for pension or commutation (e.g., within three months of a surcharge notice), and providing any information the Treasurer requires. A surviving spouse or domestic partner should notify the Treasurer of any claim before the benefit is paid to another survivor (section 9(4)). Non-member spouses must elect within the prescribed period (which the Act does not explicitly define but refers to regulations) whether to take a lump sum or associate pension, or else risk automatic rollover. The Governor must be consulted where a pension is not payable due to removal or the five-year rule, if a direction is sought to permit payment. Overall, compliance involves careful record-keeping, adherence to CPI adjustment formulas, and strict timelines for applications and elections.