Preliminary

sec.1 Short title

This Act may be cited as the Judges (Pensions and Long Leave) Act 1957 . s 1 sub 1991 No. 68 s 111 sch 2

sec.2 Definitions

The dictionary in schedule 1 defines particular words used in this Act. s 2 amd 1967 No. 40 s 9 sub 1991 No. 68 s 111 sch 2 amd 2004 No. 42 s 7 (1) ; 2015 No. 2 s 51 Note—prev s 2 contained definitions for this Act. Definitions are now located in the schedule—Dictionary.

sec.2A Length of service if previously an acting judge or master in Queensland

For this Act, in deciding the length of service as a judge, service as any of the following is to be counted as service as a judge— an acting Supreme Court judge, other than service as a retired acting Supreme Court judge; an acting District Court judge, other than service as a retired acting District Court judge; a master. s 2A ins 1991 No. 68 s 111 sch 2 amd 2007 No. 55 s 54 sch 1 sub 2011 No. 45 s 148 amd 2013 No. 35 s 87

• (a) an acting Supreme Court judge, other than service as a retired acting Supreme Court judge;
• (b) an acting District Court judge, other than service as a retired acting District Court judge;
• (c) a master.

sec.2AA Length of service if previously a judge in a court of the Commonwealth or another State

This section applies to a person serving as a judge after the commencement of this section. For this Act, in deciding the length of service as a judge, service as a judge, other than as an acting judge, in another Australian court before the appointment is to be counted as service as a judge. This section does not limit the application of section 2A . In this section— another Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State. s 2AA ins 2007 No. 55 s 54 sch 1 amd 2008 No. 4 s 49 (sec.2AA-ssec.1) This section applies to a person serving as a judge after the commencement of this section. (sec.2AA-ssec.2) For this Act, in deciding the length of service as a judge, service as a judge, other than as an acting judge, in another Australian court before the appointment is to be counted as service as a judge. (sec.2AA-ssec.3) This section does not limit the application of section 2A . (sec.2AA-ssec.4) In this section— another Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State.

sec.2AB Length of service if previously CCC chairperson

This section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement. For this Act, in deciding the length of service as a judge, a period for which the person held office as the CCC chairperson after 27 March 2015 is to be counted as service as a judge. The period for which the person held office as the CCC chairperson after 27 March 2015 includes a period for which the person acted as the CCC chairperson that is to be counted as a period for which the person held office as the chairperson under the CC Act , section 238C (b) . See also the CC Act , section 423 (2) . s 2AB ins 2015 No. 2 s 52 amd 2016 No. 19 s 46 sch 1 (sec.2AB-ssec.1) This section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement. (sec.2AB-ssec.2) For this Act, in deciding the length of service as a judge, a period for which the person held office as the CCC chairperson after 27 March 2015 is to be counted as service as a judge. (sec.2AB-ssec.3) The period for which the person held office as the CCC chairperson after 27 March 2015 includes a period for which the person acted as the CCC chairperson that is to be counted as a period for which the person held office as the chairperson under the CC Act , section 238C (b) . See also the CC Act , section 423 (2) .

sec.2AC Length of service if previously senior parole board member

This section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement. For this Act, in deciding the length of service as a judge, a period for which the person held office as a senior parole board member after the commencement is to be counted as service as a judge. The period for which the person held office as a senior parole board member after the commencement includes a period for which the person acted as a senior parole board member that is to be counted as a period for which the person held office as a senior parole board member under the Corrective Services Act 2006 , section 238 (b) . s 2AC ins 2017 No. 15 s 17 (sec.2AC-ssec.1) This section applies to a person serving as a judge after the commencement, whether the judge was appointed before or after the commencement. (sec.2AC-ssec.2) For this Act, in deciding the length of service as a judge, a period for which the person held office as a senior parole board member after the commencement is to be counted as service as a judge. (sec.2AC-ssec.3) The period for which the person held office as a senior parole board member after the commencement includes a period for which the person acted as a senior parole board member that is to be counted as a period for which the person held office as a senior parole board member under the Corrective Services Act 2006 , section 238 (b) .

sec.2B Salary of judges who died or retired before 1984 Amendment Act

This section applies in relation to a judge (a pre-1984 judge ) who died or retired before the commencement of the Judges’ Pensions Act Amendment Act 1984 . For the purposes of this Act, the salary of a pre-1984 judge is the annual rate of salary that would be payable to the judge if the judge had not died or retired and the judge’s annual rate of salary were— before 1 July 1992—the judge’s 1991 notional salary amount; and on and after 1 July 1992—the product of— the judge’s 1991 notional salary amount; and the judge’s notional salary increase factor. The judge’s notional salary increase factor is the number worked out, to 2 decimal places, using the following formula— In this section— 1991 notional salary amount , for a judge, means the annual rate of salary that would have been necessary to be payable to the judge (if the judge had not died or retired) to entitle the judge or the judge’s widow to continue to receive, or receive, pension at the same annual rate after the commencement of this section, and up to 30 June 1992, as would have been payable if the Supreme Court of Queensland Act 1991 had not been enacted and amended this Act. 1992 notional salary package amount , for a judge, means the judge’s notional salary package amount that applied immediately before 1 July 1992. latest notional salary package amount , for a judge, means the judge’s notional salary package amount applicable under the Judicial Remuneration Act 2007 . notional salary package amount , for a judge, means the total of the annual rate of salary and allowances, including any general allowance and jurisprudential allowance, that would be payable to the judge or to which the judge could have become entitled, if the judge had not died or retired. s 2B ins 1994 No. 76 s 7 amd 2007 No. 55 s 54 sch 1 (sec.2B-ssec.1) This section applies in relation to a judge (a pre-1984 judge ) who died or retired before the commencement of the Judges’ Pensions Act Amendment Act 1984 . (sec.2B-ssec.2) For the purposes of this Act, the salary of a pre-1984 judge is the annual rate of salary that would be payable to the judge if the judge had not died or retired and the judge’s annual rate of salary were— before 1 July 1992—the judge’s 1991 notional salary amount; and on and after 1 July 1992—the product of— the judge’s 1991 notional salary amount; and the judge’s notional salary increase factor. (sec.2B-ssec.3) The judge’s notional salary increase factor is the number worked out, to 2 decimal places, using the following formula— (sec.2B-ssec.4) In this section— 1991 notional salary amount , for a judge, means the annual rate of salary that would have been necessary to be payable to the judge (if the judge had not died or retired) to entitle the judge or the judge’s widow to continue to receive, or receive, pension at the same annual rate after the commencement of this section, and up to 30 June 1992, as would have been payable if the Supreme Court of Queensland Act 1991 had not been enacted and amended this Act. 1992 notional salary package amount , for a judge, means the judge’s notional salary package amount that applied immediately before 1 July 1992. latest notional salary package amount , for a judge, means the judge’s notional salary package amount applicable under the Judicial Remuneration Act 2007 . notional salary package amount , for a judge, means the total of the annual rate of salary and allowances, including any general allowance and jurisprudential allowance, that would be payable to the judge or to which the judge could have become entitled, if the judge had not died or retired.

• (a) before 1 July 1992—the judge’s 1991 notional salary amount; and
• (b) on and after 1 July 1992—the product of— (i) the judge’s 1991 notional salary amount; and (ii) the judge’s notional salary increase factor.
• (i) the judge’s 1991 notional salary amount; and
• (ii) the judge’s notional salary increase factor.
• (i) the judge’s 1991 notional salary amount; and
• (ii) the judge’s notional salary increase factor.

sec.2BA Salary of District Court judge if previously CCC chairperson

This section applies to a District Court judge if— an entitlement to a pension under this Act arises for the judge in his or her capacity as a District Court judge; and when the entitlement arises, an entitlement to a pension under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , exists for the judge in his or her capacity as a former CCC chairperson (whether or not that pension has become payable under the CC Act , section 238F ). Under the CC Act , section 238J , a pension payable in relation to a former CCC chairperson under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , stops being payable if a pension is payable in relation to the former CCC chairperson under this Act in the former CCC chairperson’s capacity as a judge. For the purposes of this Act, the judge’s salary is the prescribed salary within the meaning of the CC Act , section 238A . In this section— former CCC chairperson means a person who has held office as the CCC chairperson. s 2BA ins 2015 No. 2 s 53 amd 2016 No. 19 s 46 sch 1 (sec.2BA-ssec.1) This section applies to a District Court judge if— an entitlement to a pension under this Act arises for the judge in his or her capacity as a District Court judge; and when the entitlement arises, an entitlement to a pension under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , exists for the judge in his or her capacity as a former CCC chairperson (whether or not that pension has become payable under the CC Act , section 238F ). Under the CC Act , section 238J , a pension payable in relation to a former CCC chairperson under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , stops being payable if a pension is payable in relation to the former CCC chairperson under this Act in the former CCC chairperson’s capacity as a judge. (sec.2BA-ssec.2) For the purposes of this Act, the judge’s salary is the prescribed salary within the meaning of the CC Act , section 238A . (sec.2BA-ssec.3) In this section— former CCC chairperson means a person who has held office as the CCC chairperson.

• (a) an entitlement to a pension under this Act arises for the judge in his or her capacity as a District Court judge; and
• (b) when the entitlement arises, an entitlement to a pension under this Act, as applying under the CC Act , chapter 6 , part 1 , division 2 , subdivision 3 , exists for the judge in his or her capacity as a former CCC chairperson (whether or not that pension has become payable under the CC Act , section 238F ).

sec.2BB Salary of District Court judge if previously president of the Parole Board Queensland

This section applies to a District Court judge if— an entitlement to a pension under this Act arises for the judge in the judge’s capacity as a District Court judge; and when the entitlement arises, an entitlement to a pension under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , exists for the judge in the judge’s capacity as a former president (whether or not that pension has become payable under the Corrective Services Act 2006 , section 241 ). Under the Corrective Services Act 2006 , section 242C , a pension payable in relation to a former senior parole board member under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , stops being payable if a pension is payable in relation to the former senior parole board member under this Act in the former senior parole board member’s capacity as a judge. For this Act, the judge’s salary is the prescribed salary for a District Court judge within the meaning of the Corrective Services Act 2006 , schedule 4 . In this section— former president means a person who has held office as the president of the Parole Board Queensland. s 2BB ins 2017 No. 15 s 18 (sec.2BB-ssec.1) This section applies to a District Court judge if— an entitlement to a pension under this Act arises for the judge in the judge’s capacity as a District Court judge; and when the entitlement arises, an entitlement to a pension under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , exists for the judge in the judge’s capacity as a former president (whether or not that pension has become payable under the Corrective Services Act 2006 , section 241 ). Under the Corrective Services Act 2006 , section 242C , a pension payable in relation to a former senior parole board member under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , stops being payable if a pension is payable in relation to the former senior parole board member under this Act in the former senior parole board member’s capacity as a judge. (sec.2BB-ssec.2) For this Act, the judge’s salary is the prescribed salary for a District Court judge within the meaning of the Corrective Services Act 2006 , schedule 4 . (sec.2BB-ssec.3) In this section— former president means a person who has held office as the president of the Parole Board Queensland.

• (a) an entitlement to a pension under this Act arises for the judge in the judge’s capacity as a District Court judge; and
• (b) when the entitlement arises, an entitlement to a pension under this Act, as applying under the Corrective Services Act 2006 , chapter 5 , part 2 , division 6 , exists for the judge in the judge’s capacity as a former president (whether or not that pension has become payable under the Corrective Services Act 2006 , section 241 ).

Pensions and other entitlements

General provisions

sec.2C Minimum benefit payable

Despite any other provision of this Act, a judge who ceases to hold office is entitled to the minimum benefit (if any) decided by an actuary approved by the Minister. The minimum benefit must be paid to an approved deposit fund, or a superannuation fund, nominated by the judge. To remove doubt, it is declared that this section does not apply to an acting Supreme Court judge or an acting District Court judge. In this section— acting District Court judge includes a retired acting District Court judge. acting Supreme Court judge includes a retired acting Supreme Court judge. minimum benefit means the amount of payment, pension or preserved benefit entitlement that is determined to avoid payment of the superannuation guarantee charge. superannuation guarantee charge means the charge imposed by the Superannuation Guarantee Charge Act 1992 (Cwlth) . s 2C ins 1995 No. 27 s 8 amd 1999 No. 16 s 14 ; 2004 No. 42 s 33 sch ; 2013 No. 35 s 88 (sec.2C-ssec.1) Despite any other provision of this Act, a judge who ceases to hold office is entitled to the minimum benefit (if any) decided by an actuary approved by the Minister. (sec.2C-ssec.2) The minimum benefit must be paid to an approved deposit fund, or a superannuation fund, nominated by the judge. (sec.2C-ssec.3) To remove doubt, it is declared that this section does not apply to an acting Supreme Court judge or an acting District Court judge. (sec.2C-ssec.4) In this section— acting District Court judge includes a retired acting District Court judge. acting Supreme Court judge includes a retired acting Supreme Court judge. minimum benefit means the amount of payment, pension or preserved benefit entitlement that is determined to avoid payment of the superannuation guarantee charge. superannuation guarantee charge means the charge imposed by the Superannuation Guarantee Charge Act 1992 (Cwlth) .

sec.3 Pension of judge retiring at 70

If a judge retires on reaching 70 after serving as a judge for not less than 5 years, the judge is, subject to subsection (2) , entitled to a pension at a rate equal to 6% of the judge’s salary for each completed year of service as a judge. The maximum pension to which the judge is entitled is the following percentage of the judge’s salary— if the judge retired before the enactment of the Judges’ Pensions Act Amendment Act 1984 —50%; in any other case—60%. s 3 sub 1967 No. 40 s 10 amd 1984 No. 10 s 3 sub 1984 No. 98 s 2 amd 1991 No. 68 s 111 sch 2 sub 1992 No. 14 s 2 sch (sec.3-ssec.1) If a judge retires on reaching 70 after serving as a judge for not less than 5 years, the judge is, subject to subsection (2) , entitled to a pension at a rate equal to 6% of the judge’s salary for each completed year of service as a judge. (sec.3-ssec.2) The maximum pension to which the judge is entitled is the following percentage of the judge’s salary— if the judge retired before the enactment of the Judges’ Pensions Act Amendment Act 1984 —50%; in any other case—60%.

• (a) if the judge retired before the enactment of the Judges’ Pensions Act Amendment Act 1984 —50%;
• (b) in any other case—60%.

sec.4 Pension of judge retiring voluntarily at or after age 60

Where a judge who has attained 60 years of age, but has not attained 70 years of age, retires from office (otherwise than because of permanent disability or infirmity as specified in section 5 ) after serving as a judge for not less than 10 years, the judge shall, on retiring, be entitled to an annual pension at the rate of 60% of the judge’s salary or, in the case of a judge who has retired before the passing of the Judges’ Pensions Act Amendment Act 1984 , 50% of the judge’s salary. s 4 sub 1967 No. 40 s 11 amd 1984 No. 10 s 4 ; 1991 No. 68 s 111 sch 2 ; 1992 No. 14 s 2 sch

sec.5 Pension of judge retiring on account of ill health

This section applies if— a judge retires from office and both of the following apply— a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or a judge is removed from office because of proved incapacity. The judge is entitled to an annual pension at a rate consisting of— 75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and where the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years; but so that the rate of the judge’s pension shall not exceed 60% of the judge’s salary. In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 . s 5 sub 1967 No. 40 s 12 ; 1984 No. 10 s 5 amd 1992 No. 14 s 2 sch ; 2003 No. 77 s 82 ; 2020 No. 15 s 87 (sec.5-ssec.1) This section applies if— a judge retires from office and both of the following apply— a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or a judge is removed from office because of proved incapacity. (sec.5-ssec.2) The judge is entitled to an annual pension at a rate consisting of— 75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and where the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years; but so that the rate of the judge’s pension shall not exceed 60% of the judge’s salary. (sec.5-ssec.3) In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .

• (a) a judge retires from office and both of the following apply— (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; (ii) the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or
• (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity;
• (ii) the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or
• (b) a judge is removed from office because of proved incapacity.
• (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity;
• (ii) the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or
• (a) 75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and
• (b) where the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years;

sec.6 Pension of judge retiring on account of ill-health after less than 2 years’ service

s 6 sub 1967 No. 40 s 13 om 1984 No. 10 s 6

sec.7 Pension of spouse on death of judge

Where a judge dies before retirement, the judge’s spouse is entitled during the spouse’s lifetime— in the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or in the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity. However— if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate. Subsection (2) (a) applies despite the Acts Interpretation Act 1954 , section 32DA (6) . s 7 sub 1967 No. 40 s 14 ; 1984 No. 10 s 7 amd 1992 No. 14 s 2 sch ; 2002 No. 57 s 6 ; 2002 No. 74 s 48 ; 2003 No. 77 s 83 (sec.7-ssec.1) Where a judge dies before retirement, the judge’s spouse is entitled during the spouse’s lifetime— in the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or in the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity. (sec.7-ssec.2) However— if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate. (sec.7-ssec.3) Subsection (2) (a) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .

• (a) in the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or
• (b) in the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity.
• (a) if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple— (i) for a continuous period of at least 2 years ending on the death; or (ii) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (i) for a continuous period of at least 2 years ending on the death; or
• (ii) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (b) if the judge died leaving more than 1 spouse— (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.
• (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and
• (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.
• (i) for a continuous period of at least 2 years ending on the death; or
• (ii) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and
• (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.

sec.8 Pension of spouse on death of retired judge

If a retired judge dies leaving a spouse, the spouse is entitled to a pension at a rate equal to 50% of the judge’s notional pension. However— if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if— the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and the retired judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the retired judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate. Subsection (2) (c) applies despite the Acts Interpretation Act 1954 , section 32DA (6) . s 8 sub 1984 No. 10 s 8 ; 1992 No. 14 s 2 sch amd 2002 No. 57 s 7 ; 2002 No. 74 s 49 ; 2011 No. 46 s 63 ; 2012 No. 12 s 59 sch pts 2 – 3 ; 2015 No. 33 s 52 (2) – (3) sch pts 2 – 3 (sec.8-ssec.1) If a retired judge dies leaving a spouse, the spouse is entitled to a pension at a rate equal to 50% of the judge’s notional pension. (sec.8-ssec.2) However— if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if— the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and the retired judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the retired judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate. (sec.8-ssec.3) Subsection (2) (c) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .

• (a) if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and
• (b) if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and
• (c) if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if— (i) the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and (ii) the retired judge and the spouse had lived together as a couple— (A) for a continuous period of at least 2 years ending on the death; or (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (i) the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and
• (ii) the retired judge and the spouse had lived together as a couple— (A) for a continuous period of at least 2 years ending on the death; or (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (A) for a continuous period of at least 2 years ending on the death; or
• (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (d) if the retired judge died leaving more than 1 spouse— (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.
• (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and
• (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.
• (i) the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and
• (ii) the retired judge and the spouse had lived together as a couple— (A) for a continuous period of at least 2 years ending on the death; or (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (A) for a continuous period of at least 2 years ending on the death; or
• (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (A) for a continuous period of at least 2 years ending on the death; or
• (B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
• (i) the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and
• (ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.

sec.8A Pension for children of deceased judge

In this section— child includes adopted child. eligible child , of a judge, means— if the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or if the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 . If— a judge dies before retirement; or a retired judge who is entitled to receive a pension under this Act dies; pension is payable for each eligible child of the judge for use towards the child’s support and education. The rate of pension payable for an eligible child is the following percentage of the judge’s notional pension— if a spouse of the judge is entitled to a pension under this Act and— there are less than 5 eligible children—12.5%; or there are 5 or more eligible children—50% divided by the number of eligible children; in any other case— if there is 1 eligible child—45%; or if there are 2 eligible children—40%; or if there are 3 eligible children—30%; or if there are 4 or more eligible children—100% divided by the number of eligible children. Pension payable under this section for an eligible child is payable to— if the child is a minor— the parent or guardian of the child; or such other person as the Minister directs; or in any other case—the child. s 8A ins 1967 No. 40 s 15 sub 1984 No. 10 s 9 ; 1992 No. 14 s 4 amd 2002 No. 74 s 50 (sec.8A-ssec.1) In this section— child includes adopted child. eligible child , of a judge, means— if the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or if the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 . (sec.8A-ssec.2) If— a judge dies before retirement; or a retired judge who is entitled to receive a pension under this Act dies; pension is payable for each eligible child of the judge for use towards the child’s support and education. (sec.8A-ssec.3) The rate of pension payable for an eligible child is the following percentage of the judge’s notional pension— if a spouse of the judge is entitled to a pension under this Act and— there are less than 5 eligible children—12.5%; or there are 5 or more eligible children—50% divided by the number of eligible children; in any other case— if there is 1 eligible child—45%; or if there are 2 eligible children—40%; or if there are 3 eligible children—30%; or if there are 4 or more eligible children—100% divided by the number of eligible children. (sec.8A-ssec.4) Pension payable under this section for an eligible child is payable to— if the child is a minor— the parent or guardian of the child; or such other person as the Minister directs; or in any other case—the child.

• (a) if the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— (i) is a child of the judge; or (ii) when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or
• (i) is a child of the judge; or
• (ii) when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or
• (b) if the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— (i) is a child of the judge; or (ii) when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .
• (i) is a child of the judge; or
• (ii) when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .
• (i) is a child of the judge; or
• (ii) when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or
• (i) is a child of the judge; or
• (ii) when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 .
• (a) a judge dies before retirement; or
• (b) a retired judge who is entitled to receive a pension under this Act dies;
• (a) if a spouse of the judge is entitled to a pension under this Act and— (i) there are less than 5 eligible children—12.5%; or (ii) there are 5 or more eligible children—50% divided by the number of eligible children;
• (i) there are less than 5 eligible children—12.5%; or
• (ii) there are 5 or more eligible children—50% divided by the number of eligible children;
• (b) in any other case— (i) if there is 1 eligible child—45%; or (ii) if there are 2 eligible children—40%; or (iii) if there are 3 eligible children—30%; or (iv) if there are 4 or more eligible children—100% divided by the number of eligible children.
• (i) if there is 1 eligible child—45%; or
• (ii) if there are 2 eligible children—40%; or
• (iii) if there are 3 eligible children—30%; or
• (iv) if there are 4 or more eligible children—100% divided by the number of eligible children.
• (i) there are less than 5 eligible children—12.5%; or
• (ii) there are 5 or more eligible children—50% divided by the number of eligible children;
• (i) if there is 1 eligible child—45%; or
• (ii) if there are 2 eligible children—40%; or
• (iii) if there are 3 eligible children—30%; or
• (iv) if there are 4 or more eligible children—100% divided by the number of eligible children.
• (a) if the child is a minor— (i) the parent or guardian of the child; or (ii) such other person as the Minister directs; or
• (i) the parent or guardian of the child; or
• (ii) such other person as the Minister directs; or
• (b) in any other case—the child.
• (i) the parent or guardian of the child; or
• (ii) such other person as the Minister directs; or

sec.8B Election to take part of pension as a lump sum to meet surcharge liability

This section applies to the following persons— a judge to whom a pension is payable under sections 3 to 5 ; a judge’s spouse to whom a pension is payable under section 7 ; an eligible child of a judge to whom a pension is payable under section 8A , if the rate of pension is decided under section 8A (3) (b) . The person may elect to be paid a lump sum instead of a part of the pension. The maximum amount that may be paid as a lump sum under the election is the amount of the judge’s surcharge liability. The election must be— made in writing to the Minister; and accompanied by a copy of the surcharge liability notice stating the amount of the judge’s surcharge liability. The Minister must act on the election by reducing the pension by the amount of the lump sum. The reduction must happen in the way decided by the Minister on the advice of an actuary. s 8B prev s 8B ins 1972 No. 11 s 2 amd 1974 No. 29 s 2 (1) sub 1984 No. 10 s 10 om 1992 No. 14 s 2 sch pres s 8B ins 1999 No. 74 s 9 (sec.8B-ssec.1) This section applies to the following persons— a judge to whom a pension is payable under sections 3 to 5 ; a judge’s spouse to whom a pension is payable under section 7 ; an eligible child of a judge to whom a pension is payable under section 8A , if the rate of pension is decided under section 8A (3) (b) . (sec.8B-ssec.2) The person may elect to be paid a lump sum instead of a part of the pension. (sec.8B-ssec.3) The maximum amount that may be paid as a lump sum under the election is the amount of the judge’s surcharge liability. (sec.8B-ssec.4) The election must be— made in writing to the Minister; and accompanied by a copy of the surcharge liability notice stating the amount of the judge’s surcharge liability. (sec.8B-ssec.5) The Minister must act on the election by reducing the pension by the amount of the lump sum. (sec.8B-ssec.6) The reduction must happen in the way decided by the Minister on the advice of an actuary.

• (a) a judge to whom a pension is payable under sections 3 to 5 ;
• (b) a judge’s spouse to whom a pension is payable under section 7 ;
• (c) an eligible child of a judge to whom a pension is payable under section 8A , if the rate of pension is decided under section 8A (3) (b) .
• (a) made in writing to the Minister; and
• (b) accompanied by a copy of the surcharge liability notice stating the amount of the judge’s surcharge liability.

sec.8C Service in other jurisdictions not counted

A person is not entitled to be paid a pension under this Act if— the person’s length of service as a judge for this Act includes service as a judge in a court of the Commonwealth or another State as mentioned in section 2AA (2) ; and in relation to the service as a judge in a court of the Commonwealth or another State, the person is or will be entitled to be paid a pension under another law. s 8C prev s 8C ins 1974 No. 29 s 3 (1) om 1984 No. 10 s 11 pres s 8C ins 2007 No. 55 s 54 sch 1

• (a) the person’s length of service as a judge for this Act includes service as a judge in a court of the Commonwealth or another State as mentioned in section 2AA (2) ; and
• (b) in relation to the service as a judge in a court of the Commonwealth or another State, the person is or will be entitled to be paid a pension under another law.

Provisions for agreements and court orders under Family Law Act

sec.9 Definitions for div 2

In this division— agreement means an agreement mentioned in the definition entitled former spouse . court order means a court order mentioned in the definition entitled former spouse . entitled former spouse means a person who is entitled or conditionally entitled under an agreement, or a court order, under the Family Law Act, part VIIIB, to payment of a part of a benefit that would otherwise be payable under this Act to a retired judge. Family Law Act means the Family Law Act 1975 (Cwlth) . operative time , for an agreement or court order, is the time that is, under the Family Law Act, part VIIIB, the operative time in relation to the payment split or payment flag under the agreement or order. s 9 prev s 9 om 1992 No. 14 s 2 sch pres s 9 ins 2004 No. 42 s 8

sec.10 Providing information

This section applies if an eligible person within the meaning of the Family Law Act , section 90MZB , applies under that section to the Minister for information about a benefit that is being paid, or may become payable, under this Act. The Minister must give to the eligible person the information as required under the Family Law Act . If the information is about a benefit for a judge, the information may include an accrued benefit multiple for the benefit decided by the Minister on the advice of an actuary. s 10 prev s 10 amd 1967 No. 40 s 16 om 1992 No. 14 s 2 sch pres s 10 ins 2004 No. 42 s 8 (sec.10-ssec.1) This section applies if an eligible person within the meaning of the Family Law Act , section 90MZB , applies under that section to the Minister for information about a benefit that is being paid, or may become payable, under this Act. (sec.10-ssec.2) The Minister must give to the eligible person the information as required under the Family Law Act . (sec.10-ssec.3) If the information is about a benefit for a judge, the information may include an accrued benefit multiple for the benefit decided by the Minister on the advice of an actuary.

sec.11 Agreement or court order—minimum benefit

This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge; and the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 2C . The Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order. However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse. The Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse. This section does not apply to an agreement or court order if section 13 applies to the agreement or order. s 11 prev s 11 om 1991 No. 68 s 111 sch 2 pres s 11 ins 2004 No. 42 s 8 amd 2021 No. 20 s 59 sch 1 (sec.11-ssec.1) This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge; and the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 2C . (sec.11-ssec.2) The Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order. (sec.11-ssec.3) However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse. (sec.11-ssec.4) The Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse. (sec.11-ssec.5) This section does not apply to an agreement or court order if section 13 applies to the agreement or order.

• (a) the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge; and
• (b) the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 2C .

sec.12 Agreement or court order—pension

This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge or a retired judge; and the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ). Subject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ). The Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount. The Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension. The notice must be given to the Minister— if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or otherwise—within 3 months after the day the Minister receives the agreement or order. If the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary. s 12 prev s 12 om 1991 No. 68 s 111 sch 2 pres s 12 ins 2004 No. 42 s 8 (sec.12-ssec.1) This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge or a retired judge; and the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ). (sec.12-ssec.2) Subject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ). (sec.12-ssec.3) The Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount. (sec.12-ssec.4) The Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension. (sec.12-ssec.5) The notice must be given to the Minister— if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or otherwise—within 3 months after the day the Minister receives the agreement or order. (sec.12-ssec.6) If the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary.

• (a) the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a judge or a retired judge; and
• (b) the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).
• (a) if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or
• (b) otherwise—within 3 months after the day the Minister receives the agreement or order.

sec.13 Agreement or court order—death of judge in office

This section applies if the Minister receives an agreement or court order that relates to a person who— is a judge at the operative time for the agreement or order; and dies while holding office as a judge. The Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ). The amount of the lifetime pension must be— calculated in the way decided by the Minister on the advice of an actuary; and based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death. s 13 prev s 13 om 1991 No. 68 s 111 sch 2 pres s 13 ins 2004 No. 42 s 8 (sec.13-ssec.1) This section applies if the Minister receives an agreement or court order that relates to a person who— is a judge at the operative time for the agreement or order; and dies while holding office as a judge. (sec.13-ssec.2) The Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ). (sec.13-ssec.3) The amount of the lifetime pension must be— calculated in the way decided by the Minister on the advice of an actuary; and based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death.

• (a) is a judge at the operative time for the agreement or order; and
• (b) dies while holding office as a judge.
• (a) calculated in the way decided by the Minister on the advice of an actuary; and
• (b) based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death.

sec.14 Effect of agreement or court order on particular pensions

Despite section 7 or 8 , an entitled former spouse is not entitled to receive a pension under any of the provisions. s 14 prev s 14 om 1991 No. 68 s 111 sch 2 pres s 14 ins 2004 No. 42 s 8

sec.14A Minister to inform entitled former spouse

If the Minister receives an agreement or court order from a person other than the entitled former spouse for the agreement or order, the Minister must as soon as practicable inform the entitled former spouse of the receipt of the agreement or order. s 14A ins 2004 No. 42 s 8

Other matters

sec.15 Leave of absence of judges

A judge who has served as a judge for not less than 7 years is entitled to the following additional leave of absence on full pay— for the first 7 years service as a judge—6 months; for each subsequent completed year of service— 6 / 7 of a month. The prescribed authority must grant leave of absence to a judge who applies for and is entitled to leave of absence under subsection (1) . A judge must, within 3 years after completing any 7 years of service as a judge, take the leave of absence to which the judge is entitled in relation to the period of 7 years unless the prescribed authority otherwise approves. If the judge does not take the leave within that period of 3 years or within any further period allowed by the prescribed authority, the judge forfeits all rights in relation to the leave of absence. A judge who is entitled to additional leave of absence under subsection (1) may, with the prescribed authority’s approval, and subject to the administrative requirements of the court, take the additional leave in periods of less than 6 months. If a judge is unable, or circumstances render it inconvenient for a judge, to take leave of absence to which the judge is entitled, the judge is entitled to receive, either during service as a judge or on retirement, an amount equal to the judge’s salary for the period of the leave. If a judge dies before taking a period of leave of absence to which the judge is entitled, an amount equal to the judge’s salary for the period of the leave is payable to the executor or administrator of the judge’s estate. In this section— prescribed authority , for leave of absence to a judge, means— the Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or the Chief Justice, if the judge is— the Chief Judge; or the Chief Magistrate and paragraph (c) (i) does not apply; or a Supreme Court judge, other than the Chief Justice; or the Chief Judge, if the judge is— a District Court judge who is the Chief Magistrate; or a District Court judge, other than the Chief Judge; or the Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less. s 15 sub 1967 No. 40 s 17 amd 1980 No. 16 s 10 ; 1991 No. 68 s 111 sch 2 ; 1992 No. 14 s 2 sch ; 1995 No. 24 s 15 ; 1996 No. 79 s 50 ; 2000 No. 58 s 2 sch ; 2007 No. 37 s 89 ; 2008 No. 59 s 59 ; 2010 No. 42 s 119 (sec.15-ssec.1) A judge who has served as a judge for not less than 7 years is entitled to the following additional leave of absence on full pay— for the first 7 years service as a judge—6 months; for each subsequent completed year of service— 6 / 7 of a month. (sec.15-ssec.2) The prescribed authority must grant leave of absence to a judge who applies for and is entitled to leave of absence under subsection (1) . (sec.15-ssec.3) A judge must, within 3 years after completing any 7 years of service as a judge, take the leave of absence to which the judge is entitled in relation to the period of 7 years unless the prescribed authority otherwise approves. (sec.15-ssec.4) If the judge does not take the leave within that period of 3 years or within any further period allowed by the prescribed authority, the judge forfeits all rights in relation to the leave of absence. (sec.15-ssec.5) A judge who is entitled to additional leave of absence under subsection (1) may, with the prescribed authority’s approval, and subject to the administrative requirements of the court, take the additional leave in periods of less than 6 months. (sec.15-ssec.6) If a judge is unable, or circumstances render it inconvenient for a judge, to take leave of absence to which the judge is entitled, the judge is entitled to receive, either during service as a judge or on retirement, an amount equal to the judge’s salary for the period of the leave. (sec.15-ssec.7) If a judge dies before taking a period of leave of absence to which the judge is entitled, an amount equal to the judge’s salary for the period of the leave is payable to the executor or administrator of the judge’s estate. (sec.15-ssec.8) In this section— prescribed authority , for leave of absence to a judge, means— the Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or the Chief Justice, if the judge is— the Chief Judge; or the Chief Magistrate and paragraph (c) (i) does not apply; or a Supreme Court judge, other than the Chief Justice; or the Chief Judge, if the judge is— a District Court judge who is the Chief Magistrate; or a District Court judge, other than the Chief Judge; or the Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less.

• (a) for the first 7 years service as a judge—6 months;
• (b) for each subsequent completed year of service— 6 / 7 of a month.
• (a) the Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or
• (b) the Chief Justice, if the judge is— (i) the Chief Judge; or (ii) the Chief Magistrate and paragraph (c) (i) does not apply; or (iii) a Supreme Court judge, other than the Chief Justice; or
• (i) the Chief Judge; or
• (ii) the Chief Magistrate and paragraph (c) (i) does not apply; or
• (iii) a Supreme Court judge, other than the Chief Justice; or
• (c) the Chief Judge, if the judge is— (i) a District Court judge who is the Chief Magistrate; or (ii) a District Court judge, other than the Chief Judge; or
• (i) a District Court judge who is the Chief Magistrate; or
• (ii) a District Court judge, other than the Chief Judge; or
• (d) the Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less.
• (i) the Chief Judge; or
• (ii) the Chief Magistrate and paragraph (c) (i) does not apply; or
• (iii) a Supreme Court judge, other than the Chief Justice; or
• (i) a District Court judge who is the Chief Magistrate; or
• (ii) a District Court judge, other than the Chief Judge; or

sec.15A Rate of accrual of entitlement relating to a judge to whom s 2AA applies if rate of accrual different to rate under s 15

This section applies to a judge to whom section 2AA applies. In working out an entitlement under section 15 in relation to the judge, the previous rate is to be used in relation to any period of service as a judge of another Australian court that is counted as service as a judge. In this section— another Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State. previous rate means the rate at which the judge, when a judge of another Australian court, previously accrued an entitlement to additional leave of absence (however described). s 15A ins 2007 No. 55 s 54 sch 1 (sec.15A-ssec.1) This section applies to a judge to whom section 2AA applies. (sec.15A-ssec.2) In working out an entitlement under section 15 in relation to the judge, the previous rate is to be used in relation to any period of service as a judge of another Australian court that is counted as service as a judge. (sec.15A-ssec.3) In this section— another Australian court means a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or the other State. previous rate means the rate at which the judge, when a judge of another Australian court, previously accrued an entitlement to additional leave of absence (however described).

sec.16 What happens if judge removed from office

If a judge is removed from office under the Constitution of Queensland 2001 , section 61 , this Act applies only if the reason for the judge’s removal is that the judge is unable to perform the duties of the office because of proved incapacity. However, the Governor in Council may decide that this Act applies to the judge despite subsection (1) . s 16 ins 1992 No. 14 s 2 sch sub 1994 No. 76 s 8 amd 2003 No. 77 s 84 (sec.16-ssec.1) If a judge is removed from office under the Constitution of Queensland 2001 , section 61 , this Act applies only if the reason for the judge’s removal is that the judge is unable to perform the duties of the office because of proved incapacity. (sec.16-ssec.2) However, the Governor in Council may decide that this Act applies to the judge despite subsection (1) .

sec.17 Payment of pensions etc.

Pensions under this Act accrue daily and are payable monthly or at such lesser intervals as the Minister directs. Pensions under this Act, and other amounts payable under this Act, are payable out of the Consolidated Fund, which is appropriated accordingly. s 17 sub 1992 No. 14 s 2 sch (sec.17-ssec.1) Pensions under this Act accrue daily and are payable monthly or at such lesser intervals as the Minister directs. (sec.17-ssec.2) Pensions under this Act, and other amounts payable under this Act, are payable out of the Consolidated Fund, which is appropriated accordingly.

sec.18 Retired judge serving in judicial office

If, after retirement, a judge who is entitled to pension under this Act serves for a period in a judicial office of the Commonwealth or a State and receives salary for the service, then— if the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or in any other case—the amount of that pension is reduced by the amount of the salary. However subsection (1) does not apply to a judge if— the judge is 65 years of age or more; or the service by the judge in the judicial office of the Commonwealth or a State is limited service. For subsection (2) (b) , limited service is service under any of the following— an appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year; an appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits; an appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis. A judge is taken to be appointed in a judicial office for a period of no more than 6 months even if the judge continues to be the judicial officer so far as it is necessary to give a decision in a matter that is partly heard or standing for the decision of the judicial officer at the end of the 6 months. To remove any doubt, it is declared that the Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section. In this section— appointment includes an acting appointment. s 18 ins 1992 No. 14 s 2 sch amd 2007 No. 55 s 54 sch 1 (sec.18-ssec.1) If, after retirement, a judge who is entitled to pension under this Act serves for a period in a judicial office of the Commonwealth or a State and receives salary for the service, then— if the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or in any other case—the amount of that pension is reduced by the amount of the salary. (sec.18-ssec.2) However subsection (1) does not apply to a judge if— the judge is 65 years of age or more; or the service by the judge in the judicial office of the Commonwealth or a State is limited service. (sec.18-ssec.3) For subsection (2) (b) , limited service is service under any of the following— an appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year; an appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits; an appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis. (sec.18-ssec.4) A judge is taken to be appointed in a judicial office for a period of no more than 6 months even if the judge continues to be the judicial officer so far as it is necessary to give a decision in a matter that is partly heard or standing for the decision of the judicial officer at the end of the 6 months. (sec.18-ssec.5) To remove any doubt, it is declared that the Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section. (sec.18-ssec.6) In this section— appointment includes an acting appointment.

• (a) if the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or
• (b) in any other case—the amount of that pension is reduced by the amount of the salary.
• (a) the judge is 65 years of age or more; or
• (b) the service by the judge in the judicial office of the Commonwealth or a State is limited service.
• (a) an appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year;
• (b) an appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits;
• (c) an appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis.

sec.18AA Retired judge appointed as CCC chairperson or senior parole board member

This section applies if, after retirement, a judge who is entitled to a pension under this Act is appointed as the CCC chairperson or a senior parole board member. The judge’s pension is not payable while the judge holds office as the CCC chairperson or senior parole board member unless the judge is 65 years of age or more. The Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section. s 18AA ins 2015 No.2 s 54 amd 2016 No. 19 s 46 sch 1 ; 2017 No. 15 s 19 (sec.18AA-ssec.1) This section applies if, after retirement, a judge who is entitled to a pension under this Act is appointed as the CCC chairperson or a senior parole board member. (sec.18AA-ssec.2) The judge’s pension is not payable while the judge holds office as the CCC chairperson or senior parole board member unless the judge is 65 years of age or more. (sec.18AA-ssec.3) The Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section.

sec.18A Minister is manager for Commonwealth Act

This section applies for the definition trustee in section 38 of the Commonwealth Act in relation to the scheme as a constitutionally protected superannuation fund under the Commonwealth Act . The Minister is taken to manage the scheme. In this section— Commonwealth Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) . scheme means— the scheme established by this Act for providing pensions to judges and to their spouses and children; or the scheme established by this Act as it applies for providing pensions to members under the Industrial Relations Act 2016 and to their spouses and children because of section 587 of that Act; or the scheme established by this Act as it applies for providing pensions to members of the Land Court because of the Land Court Act 2000 , section 40 ; or the scheme established by this Act as it applies for providing pensions to a CCC chairperson, and to a CCC chairperson’s spouse and children, because of the CC Act , section 238B ; or the scheme established by this Act as it applies for providing pensions to senior parole board members, and to senior parole board members’ spouses and children, because of the Corrective Services Act 2006 , section 237 . s 18A ins 2002 No. 57 s 8 amd 2015 No. 2 s 55 ; 2016 No. 19 s 46 sch 1 ; 2016 No. 63 s 1157 sch 6 ; 2017 No. 15 s 20 (sec.18A-ssec.1) This section applies for the definition trustee in section 38 of the Commonwealth Act in relation to the scheme as a constitutionally protected superannuation fund under the Commonwealth Act . (sec.18A-ssec.2) The Minister is taken to manage the scheme. (sec.18A-ssec.3) In this section— Commonwealth Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) . scheme means— the scheme established by this Act for providing pensions to judges and to their spouses and children; or the scheme established by this Act as it applies for providing pensions to members under the Industrial Relations Act 2016 and to their spouses and children because of section 587 of that Act; or the scheme established by this Act as it applies for providing pensions to members of the Land Court because of the Land Court Act 2000 , section 40 ; or the scheme established by this Act as it applies for providing pensions to a CCC chairperson, and to a CCC chairperson’s spouse and children, because of the CC Act , section 238B ; or the scheme established by this Act as it applies for providing pensions to senior parole board members, and to senior parole board members’ spouses and children, because of the Corrective Services Act 2006 , section 237 .

• (a) the scheme established by this Act for providing pensions to judges and to their spouses and children; or
• (b) the scheme established by this Act as it applies for providing pensions to members under the Industrial Relations Act 2016 and to their spouses and children because of section 587 of that Act; or
• (c) the scheme established by this Act as it applies for providing pensions to members of the Land Court because of the Land Court Act 2000 , section 40 ; or
• (d) the scheme established by this Act as it applies for providing pensions to a CCC chairperson, and to a CCC chairperson’s spouse and children, because of the CC Act , section 238B ; or
• (e) the scheme established by this Act as it applies for providing pensions to senior parole board members, and to senior parole board members’ spouses and children, because of the Corrective Services Act 2006 , section 237 .

sec.19 Act subject to other Acts

This Act has effect subject to the Judicial Remuneration Act 2007 and the Supreme Court of Queensland Act 1991 . s 19 (prev s 16) sub 1991 No. 68 s 111 sch 2 renum 1992 No. 14 s 2 sch amd 2007 No. 55 s 54 sch 1

sec.20 Regulations

The Governor in Council may make regulations under this Act. s 20 ins 1992 No. 14 s 2 sch amd 1995 No. 58 s 4 sch 2

Transitional provisions

Provision for the Statute Law Revision Act (No. 2) 1995

sec.21 Judges’ Pensions Act 1957 references

In an Act or document, a reference to the Judges’ Pensions Act 1957 is a reference to this Act. s 21 ins 1995 No. 58 s 4 sch 2

Provision for the Judicial Remuneration Act 2007, schedule 1

sec.22 Application of s 18

This section applies to a judge who, at the commencement of this section, was serving for a period in a judicial office of the Commonwealth or a State. Section 18(2) to (6) does not apply to the judge in relation to that service in the judicial office. However, if the service stops and the judge subsequently serves for another period in a judicial office of the Commonwealth or a State, section 18 applies to the judge even if the service is under an appointment to the same judicial office. s 22 ins 2007 No. 55 s 54 sch 1 (sec.22-ssec.1) This section applies to a judge who, at the commencement of this section, was serving for a period in a judicial office of the Commonwealth or a State. (sec.22-ssec.2) Section 18(2) to (6) does not apply to the judge in relation to that service in the judicial office. (sec.22-ssec.3) However, if the service stops and the judge subsequently serves for another period in a judicial office of the Commonwealth or a State, section 18 applies to the judge even if the service is under an appointment to the same judicial office.