44Retirement of judicial officers

#### 44 Retirement of judicial officers 44 Retirement of judicial officers > > (1) Subject to this section, a judicial officer shall retire on reaching the age of 75 years, unless granted retiring leave, in which case the officer shall retire at the end of that leave. > > > (2) A non-judicial member of the Industrial Relations Commission shall retire on reaching the age of 65 years, unless granted retiring leave, in which case the member shall retire at the end of that leave. However, if the person is duly appointed under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) as such a member after that age, the member shall retire at the end of the further period or periods of appointment. > > > (3) A Judge of the Local Court shall retire on reaching the age of 75 years. > > > (4) (Repealed) > > > (5) Nothing in this section affects the operation, with respect to the retirement of judicial officers, of any provision of any other Act. > > Note. > > This section provided for a maximum retirement age for judicial officers of 72 years before its amendment by the [Justice Legislation Amendment Act (No 3) 2018](/view/html/repealed/current/act-2018-087). > > This section, as amended, has increased the maximum retirement age for judicial officers to 75 years. Clause 9 of Schedule 6 provides that the new retirement age does not apply to judicial officers holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032). The retirement age of 72 years continues to apply to judicial officers who do not consent to the increased retirement age applying to them. > > **s 44:** Am 1990 No 56, Sch 1, Part 1; 1991 No 34, Sch 3; 1992 No 106, Sch 2 (4); 1996 No 17, Sch 5; 2001 No 108, Sch 3; 2016 No 48, Sch 2.24 \[5\]; 2018 No 87, Sch 2.4 \[2\] \[3\]; 2023 No 41, Sch 2.23\[4\]; 2025 No 61, Sch 2.55\[7\] \[8\].