NORTHERN TERRITORY OF AUSTRALIA
SUPREME COURT (JUDGES LONG LEAVE PAYMENTS) ACT 1980
As in force at 1 June 2023
Table of provisions
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
3A Application of Act ............................................................................. 2
4 Payment on retirement or death of Judge ....................................... 2
5 Payment .......................................................................................... 3
6 Appropriation ................................................................................... 4
7 Set off .............................................................................................. 4
8 No payment on removal .................................................................. 4
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 June 2023
SUPREME COURT (JUDGES LONG LEAVE PAYMENTS) ACT 1980
An Act to provide for long leave payments to Judges
1 Short title
This Act may be cited as the Supreme Court (Judges Long Leave
Payments) Act 1980.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
acting Judge and additional Judge have the meanings ascribed
thereto in the Supreme Court Act 1979.
Judge means a Supreme Court Judge other than:
(a) an acting Judge or an additional Judge; or
(b) a Judge who also holds office as a Judge of a court
established by or under a Commonwealth Act.
judicial salary, in relation to a Judge, means salary at a weekly
rate equal to one-fifty-second of the annual rate of salary that was
payable to the Judge immediately before the Judge's retirement or
death.
retirement, in relation to a Judge, means ceasing to be a Judge
otherwise than by death.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Supreme Court (Judges Long Leave Payments) Act 1980 2
(2) For this Act, the following periods served by a Judge are taken to
be periods of service as a Judge and are added to the Judge's
period of service as a Judge:
(a) a period of service as an acting Judge;
(b) a period of service as a judge of a court other than the
Supreme Court determined by the Administrator to be a period
of service as a Judge for the purposes of this Act.
(3) For subsection (2) it is immaterial whether the Judge served a
period mentioned in subsection (2)(a) or (b) immediately before a
period of service as a Judge.
3A Application of Act
(1) This Act does not apply to a person who is appointed to be a Judge
under section 32(1)(c) or (d) of the Supreme Court Act 1979 on or
after the commencement of this section.
(2) To avoid doubt, this Act applies to a person who is appointed to be
the Chief Justice of the Court on or after the commencement of this
section if the person was appointed to be a Judge of the Court
under section 32(1)(d) of the Supreme Court Act 1979 before the
commencement of this section.
4 Payment on retirement or death of Judge
(1) On:
(a) the retirement of a Judge after having completed at least
10 years service as a Judge; or
(b) the death of a Judge, whether or not the Judge has completed
10 years service as a Judge,
an amount calculated in accordance with subsection (2) is payable
in accordance with this Act.
(2) The amount payable under subsection (1) in respect of a Judge is
an amount equal to the judicial salary of the Judge for:
(a) a period of 52 weeks; or
(b) a period of weeks calculated at the rate of 5.2 weeks for each
completed year of service as a Judge, other than any period of
service in respect of which the Judge has taken long leave or
has been paid in lieu of taking leave,
whichever is the lesser period.
Supreme Court (Judges Long Leave Payments) Act 1980 3
(3) If:
(a) a Judge (not being a Judge to whom subsection (1) applies) is
to cease to hold office as a Judge on attaining a particular
age, and the Judge ceases to be a Judge on attaining that
age; and
(b) at the time of cessation, the period of the Judge's service as a
Judge was at least 6 years,
an amount calculated in accordance with subsection (5) is payable
in accordance with this Act.
(4) If:
(a) a Judge (not being a Judge to whom subsection (1) applies)
retires; and
(b) the Attorney-General certifies under section 4(3) of the
Supreme Court (Judges Pensions) Act 1980 that the
retirement is due to permanent disability or infirmity,
an amount calculated in accordance with subsection (5) is payable
in accordance with this Act.
(5) The amount payable under subsection (3) or (4) in respect of a
Judge is an amount equal to the judicial salary of the Judge for a
period of weeks calculated at the rate of 5.2 weeks for each
completed year of service as a Judge, other than any period of
service in respect of which the Judge has taken long leave or has
been paid in lieu of taking leave.
5 Payment
(1) Subject to subsection (4), an amount payable under section 4 on
the retirement of a Judge is payable to the Judge.
(2) Subject to subsection (4), an amount payable under section 4 on
the death of a Judge is payable:
(a) if the Judge leaves a spouse or de facto partner – to that
spouse or de facto partner;
(b) if the Judge does not leave a spouse or de facto partner but
leaves a dependant – to that dependant; or
(c) in any other case – to the legal personal representative of the
Judge.
Supreme Court (Judges Long Leave Payments) Act 1980 4
(3) If an amount is payable under subsection (2)(b) to more than one
dependant of a Judge, the Attorney-General may give a direction as
to the distribution of the amount between or among those
dependants.
(4) If an amount is payable under this section to a person who is under
a legal disability, the Attorney-General may authorise payment of
the amount to a trustee appointed by the Attorney-General to be
held by the trustee on trust for the benefit of the person as the
Attorney-General directs.
6 Appropriation
Payments under this Act are to be made from the public moneys of
the Territory and the appropriation for that purpose is established or
increased to the extent necessary.
7 Set off
(1) Where:
(a) an amount is payable under this Act by reason of the service
of a Judge as a Judge; and
(b) an amount is or becomes payable otherwise than under this
Act in respect of the service of that Judge referred to in
section 3(2)(b),
the amount that would, but for this subsection, be payable under
this Act in respect of that latter period shall be reduced by the
amount that is payable in respect of that period.
(2) In this section, a reference to an amount in respect of service
referred to in section 3(2)(b) shall be read as a reference to any
amount or allowance paid or payable, whether by virtue of a law or
otherwise, out of moneys provided in whole or in part by the
Territory, a State, the Commonwealth or another Territory, being an
amount or allowance paid or payable by reason of judicial service
or judicial service and any other service.
8 No payment on removal
Unless the Administrator otherwise directs, an amount is not
payable under this Act by reason of the removal of a Judge
pursuant to section 40 of the Supreme Court Act 1979.
ENDNOTES
Supreme Court (Judges Long Leave Payments) Act 1980 5
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Supreme Court (Judges Long Leave Payments) Act 1980 (Act No. 51, 1980)
Assent date 4 June 1980
Commenced 2 April 1982 (Gaz G13, 2 April 1982, p 4)
Supreme Court (Judges Long Leave Payments) Amendment Act 1990 (Act No. 53,
1990)
Assent date 15 October 1990
Commenced 15 October 1990
Statute Law Revision Act 1991 (Act No. 31, 1991)
Assent date 25 June 1991
Commenced 25 June 1991
Statute Law Revision Act 1999 (Act No. 27, 1999)
Assent date 18 June 1999
Commenced 18 June 1999
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date 7 January 2004
Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)
Financial Management Amendment Act 2009 (Act No. 15, 2009)
Assent date 18 June 2009
Commenced 18 June 2009
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
ENDNOTES
Supreme Court (Judges Long Leave Payments) Act 1980 6
Judicial and Other Officers' Entitlements Legislation Amendment Act 2023 (Act No. 14,
2023)
Assent date 31 May 2023
Commenced 1 June 2023 (s 2)
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 80 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003
(Act No. 1, 2004)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4 and 8.
5 LIST OF AMENDMENTS
s 3 amd No. 53, 1990, s 4; No. 8, 2016, s 45; No. 14, 2023, s 20
s 3A ins No. 14, 2023, s 21
s 4 amd No. 53, 1990, ss 3 and 4; No. 31, 1991, s 14; No. 14, 2023, s 22
s 5 amd No. 53, 1990, s 4; No. 1, 2004, s 62; No. 14, 2023, s 22
s 6 sub No. 27, 1999, s 15
amd No. 15, 2009, s 16