39Desertion of spouse or de facto partner or child

#### 39 Desertion of spouse or de facto partner or child 39 Desertion of spouse or de facto partner or child > **s 39, hdg:** Rep 1987 No 40, Sch 1 (20). > > > (1) Where any pensioner deserts his or her spouse or de facto partner, the spouse or de facto partner may from time to time apply to a Judge of the Local Court, and on proof of such desertion the judge may order the payment during such period as the judge thinks desirable of pension under section 31 as if the said pensioner were dead or of pension of such lesser amount as the judge may determine, subject to the pension so ordered to be paid not exceeding the pension being paid to the pensioner at the time of the order. STC shall comply with any such order which has been served on it or of which written notice has been given to it. > > > (2) Where any pensioner deserts any of the pensioner’s children who are dependent on the pensioner, the guardian of such children, or STC, may apply to a Judge of the Local Court, and on proof of such desertion the judge may order the payment of pension under section 32D or 33 as if the said pensioner were dead subject to the pension so ordered to be paid not exceeding the pension payable to the pensioner at the time of the order. STC shall comply with any such order made on its application or with any such order made on the application of the guardian where the same has been served on it or where written notice thereof has been given to it. > > > (3) (Repealed) > > > (4) > > > > > (a) Any payment to a deserted spouse or de facto partner or in respect of children under this section shall take effect from the date that notice of such order is received by STC. > > > > > (b) Every payment made by STC pursuant to an order referred to in subsection (1) or (2) shall be as valid as if made to the pensioner or contributor. > > **s 39:** Am 1944 No 11, sec 6 (1) (p); 1948 No 9, sec 4 (1) (m); 1969 No 72, sec 3 (1) (j); 1972 No 66, sec 6 (u); 1978 No 143, Sch 2 (19); 1993 No 111, Sch 6 (37); 1996 No 39, Sch 4; 1999 No 31, Sch 4.91 \[1\] \[2\]; 2024 No 82, Sch 1.17\[1\]–\[3\]; 2025 No 61, Sch 2.85\[3\]–\[5\].