Supreme Court (Judges Pensions) Act 1980 (Northern Territory)

This Act creates and governs the Territory pension entitlements that flow from service as a Judge of the Supreme Court of the Northern Territory. It sets eligibility and formulae for pensions for Judges (and retired Judges), provides survivor and children’s pensions, establishes administrative mechanisms to deal with Commonwealth superannuation surcharge obligations and Commonwealth tax release authorities, and prescribes compliance with Commonwealth family law splitting requirements. Key operative mechanisms are statutory pension formulas keyed to the “appropriate current judicial salary” (the salary that would have been payable to the Judge if the Judge had not retired or died) and time-in-service and age thresholds that differ depending on when a Judge was appointed (see Parts 3 and 4).

Mechanically, the Act does the following (principal provisions cited):

Defines who counts as a Judge and how prior service and acting service are to be counted for pension purposes (s 3(1), s 3(2)).
Establishes rules for surviving partners and how de facto relationships are treated (ss 3AA-3AB).
Requires administration to comply with Commonwealth superannuation surcharge laws and specified Commonwealth agreements (s 3A).
Requires the Treasurer to keep surcharge debt accounts for Judges where the Territory pays superannuation contributions surcharge and allow Judges to make advance payments to reduce those accounts (ss 3B-3C).
Gives the Treasurer power to commute pension entitlements to satisfy surcharge debt (s 3D) and prescribes a route by which retired Judges may request commutation to satisfy a notice from the ATO (s 3E).
Sets two alternative pension regimes depending on appointment date: Part 3 governs Judges appointed before the commencement of Part 4 (ss 3F, 4-13), with specific provisions for survivor and children’s pensions (ss 5-11, 13). Part 4 (ss 13A-13D) governs Judges appointed on or after its commencement, with different ages and service thresholds and different accrual rates.

NORTHERN TERRITORY OF AUSTRALIA SUPREME COURT (JUDGES PENSIONS) ACT 1980 As in force at 1 June 2023 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 3AA Surviving partners ............................................................................ 3 3AB Further relationships ........................................................................ 3 Part 2 Superannuation surcharge 3A Act to be administered so as to comply with superannuation surcharge laws and agreements with Commonwealth .................... 3 3B Surcharge debt accounts ................................................................. 4 3C Advance payments to reduce superannuation contributions surcharge......................................................................................... 4 3D Repayment of surcharge ................................................................. 5 3E Commutation to pay deferred superannuation contributions surcharge......................................................................................... 5 Part 3 Pensions: Judges appointed before the commencement of Part 4 3F Application of Part ........................................................................... 5 4 Pensions of Judges ......................................................................... 6 5 Pension to surviving partner on death of Judge............................... 7 6 Pension to surviving partner on death of retired Judge ................... 7 7 Pension in respect of children on death of Judge ............................ 7 8 Pension in respect of children on death of retired Judge ................. 7 9 Pension in respect of children on death of surviving partner ........... 8 10 Pension in respect of children when surviving partner's pension not payable ........................................................................ 9 11 Payment of orphans' pensions ........................................................ 9 13 Special provision relating to pensions payable to children ............ 10 Part 4 Pensions: Judges appointed on or after the commencement of this Part 13A Application of Part ......................................................................... 10 13B Pension of Judge who retires after 15 years of service ................. 10 13C Pension of Judge in other circumstances ...................................... 11

Supreme Court (Judges Pensions) Act 1980 ii 13D Pension of Judge who retires due to permanent disability or infirmity .......................................................................................... 11 Part 5 Reduction of pension entitlement to pay tax debts 13E Definitions ...................................................................................... 12 13F Payment of release authority lump sum ........................................ 13 13G Limit on release authority lump sum .............................................. 13 13H Effect of releasing amount ............................................................. 13 Part 6 Miscellaneous provisions 13J Accrual and payment of pensions.................................................. 14 14 Pension not payable on removal of Judge ..................................... 14 15 Adjustment for other pensions ....................................................... 14 16 Act to be administered so as to comply with Family Law Act provisions in relation to superannuation ........................................ 15 17 Treasurer may charge fees for additional services ........................ 16 Part 7 Transitional matters 18 Transitional matters for Judges and Administrators Pensions Legislation Amendment Act 2006 .................................................. 16 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 June 2023

SUPREME COURT (JUDGES PENSIONS) ACT 1980 An Act to provide for pensions to Judges Part 1 Preliminary matters 1 Short title This Act may be cited as the Supreme Court (Judges Pensions) 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: acting Judge and additional Judge have the meanings ascribed thereto by the Supreme Court Act 1979. appropriate current judicial salary, in relation to a Judge who has retired or died, means salary at the rate that would have been payable to the Judge if the Judge had not retired or died. ATO means the Commonwealth Commissioner of Taxation. child includes an adopted child. eligible child means: (a) a child who has not attained the age of 16 years; or (b) a child who: (i) has attained the age of 16 years but has not attained the age of 25 years; and (ii) is receiving full-time education at a school, college or university.

Part 1 Preliminary matters Supreme Court (Judges Pensions) Act 1980 2 further relationship has the meaning in section 3AB. Judge means a Supreme Court Judge other than an acting Judge or additional Judge. prior judicial service, in relation to a Judge or retired Judge means service as a judge of a court constituted by or under the law of another State or Territory or of the Commonwealth (other than service as a Local Court Judge, magistrate or justice of the peace) being service prior to the appointment of that person as a Judge. retired Judge means a person who has been a Judge and is or has been in receipt of a pension under this Act. retires, in relation to a Judge, means ceases to be a Judge otherwise than by death. superannuation contributions surcharge means the superannuation contributions surcharge imposed under the Surcharge Act. superannuation interest means an interest that a Judge or former Judge has under this Act. Surcharge Act means the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth and includes regulations under that Act. Surcharge Collection Act means the Superannuation Contributions Tax (Assessment and Collection) Act 1997 of the Commonwealth and includes regulations under that Act. surviving partner has the meaning in section 3AA. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) For this Act, any of the following periods served by a Judge are taken to be a period 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) another period of prior judicial service. (3) For subsection (2) it is immaterial whether the Judge served a period mentioned in paragraph (a) or (b) immediately before a period of service as a Judge.

Part 2 Superannuation surcharge Supreme Court (Judges Pensions) Act 1980 3 3AA Surviving partners (1) For this Act, the surviving partner of a Judge or retired Judge who dies is the surviving spouse or de facto partner of the Judge. (2) If a Judge or retired Judge is survived by both a spouse and a de facto partner, the surviving partner is: (a) the de facto partner if: (i) the de facto partner was the de facto partner of the Judge for a continuous period of at least 2 years immediately preceding the Judge's death; and (ii) the spouse had not lived with the Judge at any time during that period; or (b) the spouse if paragraph (a) does not apply. 3AB Further relationships (1) For this Act, a surviving partner enters a further relationship if the surviving partner marries or enters a de facto relationship. (2) For this Act, if a surviving partner enters a further relationship and the parties to the relationship adopt a child who is not a child of the surviving partner, the child is taken to be a child of the further relationship. Part 2 Superannuation surcharge 3A Act to be administered so as to comply with superannuation surcharge laws and agreements with Commonwealth (1) This Act is to be administered in accordance with: (a) the Surcharge Act and the Surcharge Collection Act; and (b) a written agreement entered into by the Territory and the Commonwealth relating to exempt public sector superannuation schemes within the meaning of section 10 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth. (2) If a provision of this Act is inconsistent with a provision of the Surcharge Act or the Surcharge Collection Act, the provision of this Act is to be taken to have been complied with if the provision of the Surcharge Act or the Surcharge Collection Act, as the case may be,

Part 2 Superannuation surcharge Supreme Court (Judges Pensions) Act 1980 4 has been complied with. 3B Surcharge debt accounts (1) The Treasurer must establish and maintain for the purposes of section 16 of the Surcharge Collection Act a surcharge debt account for each Judge in relation to whom superannuation contributions surcharge is paid or payable by the Treasurer. (2) The Treasurer must debit to the surcharge debt account of a Judge: (a) superannuation contributions surcharge paid or payable by the Treasurer in respect of the Judge; and (b) interest payable under the Surcharge Collection Act on the amount by which the account is in debit. (3) The Treasurer must credit to the surcharge debt account of a Judge an amount paid under section 3C by the Judge. 3C Advance payments to reduce superannuation contributions surcharge (1) A Judge may, on lodging an approved election form with the Treasurer, pay an amount to the Territory for the purpose of reducing the amount by which the Judge's surcharge debt account is in debit. (2) A payment under this section may be made on a periodic or single payment basis. (3) An election form lodged under subsection (1) is to specify the amount to be paid and the manner of payment. (4) A Judge may, on lodging with the Treasurer, in the approved election form: (a) vary in accordance with the form the amount or manner of payment of periodic payments; or (b) revoke an election under this section. (5) In this section, approved election form means a form approved by the Treasurer.

Part 3 Pensions: Judges appointed before the commencement of Part 4 Supreme Court (Judges Pensions) Act 1980 5 3D Repayment of surcharge The Treasurer may commute part of a pension payable under this Act in relation to a Judge to a lump sum for the purposes of paying to the Territory an amount equal to the balance of the Judge's surcharge debt account. 3E Commutation to pay deferred superannuation contributions surcharge (1) If: (a) a retired Judge or a person is paid a pension under this Act; and (b) the retired Judge or person has received from the ATO notice under section 15 of the Surcharge Collection Act that the retired Judge or person is liable to pay an amount of superannuation contributions surcharge specified in the notice; and (c) the superannuation contributions surcharge relates to surchargeable contributions, within the meaning of the Surcharge Collection Act, that were made in relation to the retired Judge or to a Judge, or retired Judge, who has died, the retired Judge or person may, within a reasonable period after the notice was given, request the Treasurer in writing to commute as much of the pension payable to the retired Judge or person as is necessary to provide a lump sum equivalent to the amount. (2) The Treasurer must, if satisfied that the commuted amount will be used to pay the superannuation contributions surcharge, comply with a request under subsection (1). Part 3 Pensions: Judges appointed before the commencement of Part 4 3F Application of Part (1) This Part applies to a Judge who was appointed as a Judge under section 32(1)(c) or (d) of the Supreme Court Act 1979 before the commencement of Part 4. (2) For this section, the date on which a Judge began a period of service mentioned in section 3(2) is irrelevant.

Part 3 Pensions: Judges appointed before the commencement of Part 4 Supreme Court (Judges Pensions) Act 1980 6 4 Pensions of Judges (1) If a Judge who has attained the age of 60 years retires after serving as a Judge for at least 10 years, the judge is entitled to a pension at a rate equal to 60% of the appropriate current judicial salary. (2) If: (a) a Judge, whether by reason of the Judge's terms of appointment or otherwise, is to cease to hold office as a Judge on attaining a particular age; and (b) the Judge ceases to be a Judge on attaining that age; and (c) at the time of cessation, the Judge had served as a Judge for at least 6 years; and (d) the Judge is not a person to whom subsection (1) applies, the Judge is entitled to a pension at a rate equal to: (e) 0.5% of the appropriate current judicial salary for each completed month of service as a Judge; or (f) 60% of the appropriate current judicial salary, whichever results in the lesser pension entitlement. (3) If a Judge, not being a Judge to whom subsection (1) or (2) applies, retires and the Attorney-General certifies that the retirement is due to permanent disability or infirmity, the Judge is entitled to a pension at a rate equal to: (a) if, at the time of the Judge's appointment, the Judge's period of service as a Judge could not exceed 10 years, 0.5% of the appropriate current judicial salary for each complete month: (i) of service mentioned in section 3(2) (if any); and (ii) that the Judge could have potentially served, calculated from the day on which the Judge was appointed as a Judge until the day on which the Judge would have ceased to hold office as a Judge on attaining a particular age; or (b) in all other cases – 60% of the appropriate current judicial salary.

Part 3 Pensions: Judges appointed before the commencement of Part 4 Supreme Court (Judges Pensions) Act 1980 7 5 Pension to surviving partner on death of Judge If a Judge dies leaving a surviving partner, a pension shall be paid to the surviving partner at a rate equal to five-eighths of the rate of the pension that would have been payable to the Judge if the Judge had retired on the date of the Judge's death and (in a case where section 4(1) would not have been applicable in relation to that retirement) the Attorney-General had certified that that retirement was due to permanent disability. 6 Pension to surviving partner on death of retired Judge If a retired Judge dies leaving a surviving partner who married, or entered a de facto relationship with, the retired Judge: (a) before the retirement; or (b) after the retirement but: (i) before the retired Judge attained the age of 60 years; or (ii) not less than 5 years before the retired Judge died, a pension shall be paid to surviving partner at a rate equal to five- eighths of the rate of the pension that would have been payable to the retired Judge if the Judge had not died. 7 Pension in respect of children on death of Judge Where a Judge dies leaving a surviving partner there shall, in addition to any pension that is payable to the surviving partner under section 5, be paid to the surviving partner, in respect of each eligible child of the surviving partner or of the Judge (other than a child of any further relationship of the surviving partner) a pension at the rate of $208 per annum. 8 Pension in respect of children on death of retired Judge (1) Subject to this section, where a retired Judge dies leaving a surviving partner, there shall, in addition to any pension that is payable to the surviving partner under section 6, be paid to the surviving partner in respect of each eligible child of the surviving partner or of the retired Judge (other than a child of any further relationship of the surviving partner) a pension at the rate of $208 per annum.

Part 3 Pensions: Judges appointed before the commencement of Part 4 Supreme Court (Judges Pensions) Act 1980 8 (2) If a retired Judge married, or entered a de facto relationship with, the Judge's surviving partner: (a) after the Judge's retirement; (b) after the Judge attained the age of 60 years; and (c) less than 5 years before the Judge died, a pension is not, upon the death of the retired Judge, payable under this section in respect of: (d) a child of that marriage or de facto relationship; or (e) any other child of the surviving partner. 9 Pension in respect of children on death of surviving partner (1) Subject to this section, where the surviving partner of a Judge or retired Judge, being a surviving partner who became entitled upon the death of the Judge or retired Judge to a pension under this Act, has died, there shall be paid, in respect of each eligible child of the surviving partner of the Judge or retired Judge (other than a child of any further relationship of the surviving partner) a pension at the rate of $520 per annum or at the rate of such amount per annum as is determined in accordance with subsection (2), whichever is the higher rate. (2) The amount to be determined for the purposes of subsection (1) is the sum of $208 and an amount ascertained by dividing by 4 (or, if the number of eligible children in respect of whom pension is payable under this section is greater than 4, by the number of those children) the annual amount of the pension that, but for the death of the surviving partner, would, by virtue of section 5 or 6, have been payable to the surviving partner. (3) If a retired Judge married, or entered a de facto relationship with, the Judge's surviving partner: (a) after the Judge's retirement; (b) after the Judge attained the age of 60 years; and (c) less than 5 years before the Judge died, a pension is not, upon the death of the surviving partner of the retired Judge, payable under this section in respect of: (d) a child of that marriage or de facto relationship; or

Part 3 Pensions: Judges appointed before the commencement of Part 4 Supreme Court (Judges Pensions) Act 1980 9 (e) any other child of the surviving partner. 10 Pension in respect of children when surviving partner's pension not payable (1) Subject to this section, where a Judge or retired Judge has died without leaving a surviving partner who became entitled, upon the death of the Judge or retired Judge, to a pension under this Act, there shall be paid, in respect of each eligible child of the Judge or retired Judge or of a person (whether deceased or not) who was at any time the spouse or de facto partner of that Judge or retired Judge, a pension at the rate of $520 per annum or at the rate of such amount per annum as is determined in accordance with subsection (2), whichever is the higher rate. (2) The amount to be determined for the purposes of subsection (1) is the sum of $208 and an amount ascertained by dividing by 4 (or, if the number of eligible children in respect of whom pension is payable under this section is greater than 4, by the number of those children) the annual amount of the pension that would, by virtue of section 5, have been payable to a surviving partner of the Judge, or would, by virtue of section 6, have been payable to a surviving partner of the retired Judge who married, or entered a de facto relationship with, the retired Judge before the retirement of the retired Judge. (3) This section does not apply in relation to: (a) a child of a former spouse or de facto partner of a Judge or retired Judge; (b) a child of a marriage or de facto relationship of a retired Judge that occurred or was entered into: (i) after the retirement of the Judge; (ii) after the retired Judge attained the age of 60 years; and (iii) less than 5 years before the retired Judge died. 11 Payment of orphans' pensions A pension in respect of a child under either section 9 or 10 is to be paid to the guardian of the child for the child's support and education.

Part 4 Pensions: Judges appointed on or after the commencement of this Part Supreme Court (Judges Pensions) Act 1980 10 13 Special provision relating to pensions payable to children (1) Notwithstanding anything contained in the provisions of this Act other than this section, where a pension is payable under this Act in respect of an eligible child: (a) if the Attorney-General is of the opinion that the child's support and education will be best assured by doing so, the Attorney- General may direct that the pension be paid to a person specified by the Attorney-General; or (b) if the Attorney-General is satisfied that, by reason of special circumstances, it is desirable to do so in the interests of the child, the Attorney-General may direct that the pension be expended for the benefit of the child in a specified manner. (2) Where a pension referred to in subsection (1) is payable to the surviving partner of a Judge or retired Judge, the power of the Attorney-General to direct payment of the pension to another person applies only where the child is not living with the surviving partner. Part 4 Pensions: Judges appointed on or after the commencement of this Part 13A Application of Part (1) This Part applies to a Judge: (a) who is appointed as a Judge under section 32(1)(c) or (d) of the Supreme Court Act 1979; and (b) to whom Part 3 does not apply. Note for subsection (1) Part 3 applies to a Judge who was appointed as a Judge under section 32(1)(c) or (d) of the Supreme Court Act 1979 before the commencement of this Part. (2) For this section, the date on which a Judge began a period of service mentioned in section 3(2) is irrelevant. 13B Pension of Judge who retires after 15 years of service (1) A Judge is entitled to a pension under this section if, when the Judge ceases to hold office as a Judge, the Judge: (a) has served as a Judge for 15 years or more; and

Part 4 Pensions: Judges appointed on or after the commencement of this Part Supreme Court (Judges Pensions) Act 1980 11 (b) is at least 65 years of age. (2) The pension is to be paid at a rate equal to 60% of the appropriate current judicial salary. 13C Pension of Judge in other circumstances (1) A Judge is entitled to a pension under this section if: (a) the Judge, whether by reason of the terms of the Judge's appointment or otherwise, is to cease to hold office as a Judge on the Judge attaining a particular age; and (b) the Judge ceases to be a Judge on the Judge attaining that age; and (c) at the time of the cessation, the Judge had served as a Judge for at least 9 years; and (d) section 13B does not apply to the Judge. (2) The pension is to be paid at the lesser of the following rates: (a) one-third of 1% of the appropriate current judicial salary for each completed month of the Judge's period of service as a Judge; (b) 60% of the appropriate current judicial salary. 13D Pension of Judge who retires due to permanent disability or infirmity (1) A Judge is entitled to a pension under this section if: (a) sections 13B and 13C do not apply to the Judge; and (b) the Judge retires and the Attorney-General certifies that the retirement is due to permanent disability or infirmity. (2) The pension is to be paid at one of the following rates: (a) if, at the time of the Judge's appointment as a Judge, the Judge's period of service as a Judge could not exceed 15 years – one-third of 1% of the appropriate current judicial salary for: (i) each completed month of service as a Judge (if any); and

Part 5 Reduction of pension entitlement to pay tax debts Supreme Court (Judges Pensions) Act 1980 12 (ii) each complete month of service the Judge could have served from the date of retirement until the Judge would have ceased to hold office on attaining a particular age; (b) in any other case – 60% of the appropriate current judicial salary. Examples for subsection (2) 1 A Judge serves as a Judge for 8 years before retiring due to permanent disability on the day the Judge turns 70. The Judge had not served a period mentioned in section 3(2). Under the Supreme Court Act 1979, the Judge could have continued to hold office for another 5 years until turning 75. However, at the time of the Judge's appointment the Judge could not have held office for 15 years so the Judge is entitled to a pension under subsection (2)(a). 2 A Judge serves as a Judge for 8 years before retiring due to permanent disability on the day the Judge turns 70. The Judge had previously served as an acting Judge for 4 years. Under the Supreme Court Act 1979, the Judge could have continued to hold office for another 5 years until turning 75. Accordingly, after accounting for the Judge's prior service as an acting Judge, the Judge could have served more than 15 years until attaining the age of 75 and the Judge is entitled to a pension under subsection (2)(b). Part 5 Reduction of pension entitlement to pay tax debts 13E Definitions In this Part: Commonwealth Act means the Taxation Administration Act 1953 (Cth). pension recipient means a person who is entitled (or is about to become entitled) to receive a pension under this Act. release authority means an authority issued to a pension recipient by the ATO under item 3 of the table in section 135-10(1) of Schedule 1 to the Commonwealth Act that authorises the Treasurer to release to the ATO an amount to which the pension recipient is entitled under this Act. release authority lump sum means an amount paid by the Treasurer under section 13F.

Part 5 Reduction of pension entitlement to pay tax debts Supreme Court (Judges Pensions) Act 1980 13 13F Payment of release authority lump sum (1) The Treasurer may pay to the ATO a release authority lump sum from a pension recipient's entitlements if: (a) the ATO issues a release authority to the pension recipient; and (b) the release authority is given to the Treasurer in accordance with the Commonwealth Act. (2) Subject to section 13G, the amount of the release authority lump sum is the smaller of the following amounts: (a) the amount stated in the release authority; (b) if either the pension recipient or the ATO requests that the Treasurer pay a specified amount in relation to the release authority – that amount. Note for section 13F The Commonwealth Act provides for money to be released from a superannuation plan to pay a tax liability incurred under Chapter 3, Part 3-30, Division 293 of the Income Tax Assessment Act 1997 (Cth). 13G Limit on release authority lump sum (1) In addition to any requirements in Division 135 of Schedule 1 to the Commonwealth Act, payment of a release authority lump sum must not have the effect that a pension recipient's entitlements under this Act are reduced below zero. (2) For subsection (1), the effect of a release authority lump sum on a pension recipient's entitlements is to be calculated after taking account of any of the following reductions to the recipient's entitlements: (a) a reduction after a commutation under section 3E; (b) a reduction resulting from action taken under section 16. 13H Effect of releasing amount (1) If the Treasurer pays a release authority lump sum, the pension recipient's entitlements under this Act must be reduced to ensure the Territory recovers the amount of the release authority lump sum. (2) The Treasurer must take advice from an actuary in determining a reduction in pension entitlements under this section.

Part 6 Miscellaneous provisions Supreme Court (Judges Pensions) Act 1980 14 (3) A reduction takes effect on the first day on which an entitlement under this Act is to be paid to the recipient that is more than 14 days after the Treasurer is given the release authority. (4) If a retired Judge entitled to a pension under Part 3 dies and the retired Judge's surviving partner is entitled to a pension under Part 3, any reduction under this section is to be applied to the surviving partner's entitlement on the first day on which the entitlement is to be paid to the surviving partner after the death of the retired Judge. Part 6 Miscellaneous provisions 13J Accrual and payment of pensions Pensions under this Act: (a) accrue from day to day but are payable fortnightly; and (b) are payable out of the public moneys of the Territory and the appropriation for that purpose is established or increased to the extent necessary. 14 Pension not payable on removal of Judge Unless the Administrator otherwise directs, a pension under this Act is not payable by reason of the service of a Judge who has been removed from office under section 40 of the Supreme Court Act 1979. 15 Adjustment for other pensions (1) Where: (a) a pension is payable under this Act by reason of the service of a person as a Judge; and (b) a pension is or becomes payable otherwise than under this Act in respect of the prior judicial service of that person, the amount of the pension that would, but for this subsection, be payable under this Act in respect of any period shall be reduced by the amount of the pension in respect of the prior judicial service that is payable in respect of that period. (2) In this section, a reference to a pension in respect of prior judicial service shall be read as a reference to a pension or retiring allowance paid or payable, whether by virtue of a law or otherwise,

Part 6 Miscellaneous provisions Supreme Court (Judges Pensions) Act 1980 15 out of moneys provided in whole or in part by the Territory, a State, the Commonwealth or another Territory, being a pension or retiring allowance paid or payable by reason of prior judicial service or prior judicial service and any other service. 16 Act to be administered so as to comply with Family Law Act provisions in relation to superannuation (1) This section applies despite any other provision of this Act. (2) This Act is to be administered in accordance with the provisions of the Family Law Act relating to superannuation. (3) Subject to the provisions of the Family Law Act relating to superannuation, this Act is to be administered in relation to a person in accordance with the provisions of a splitting instrument, if any, that applies in relation to the person. (4) The Treasurer may prepare written administrative instructions that are necessary or convenient to give effect to: (a) the provisions of the Family Law Act relating to superannuation; (b) splitting instruments; and (c) Acts of the Commonwealth relating to superannuation and regulations under those Acts. (5) Without limiting the generality of subsection (4), administrative instructions for the purposes of that subsection may include, but are not limited to, the following: (a) the methods of calculating and paying a superannuation interest to member spouses and non-member spouses, including calculations that may reduce the superannuation interest of a member spouse; (b) the establishing of interests and accounts, including accounts under the Superannuation Act 1986, for non-member spouses. (6) An administrative instruction prepared under subsection (4) takes effect on the date specified in the instruction.

Part 7 Transitional matters Supreme Court (Judges Pensions) Act 1980 16 (7) If a provision of this Act or the administrative instructions made under this section is inconsistent with: (a) a provision of the Family Law Act relating to superannuation; or (b) a splitting instrument, the provision of this Act or the administrative instructions is taken to have been complied with if the provision of the Family Law Act or a splitting instrument, as the case may be, has been complied with. (8) In this section: Family Law Act means the Family Law Act 1975 (Cth) and includes regulations made under that Act. member spouse, in relation to a superannuation interest, means the person who is the member spouse in relation to that interest under Part VIIIB of the Family Law Act. non-member spouse, in relation to a superannuation interest, means the person who is the non-member spouse in relation to that interest under Part VIIIB of the Family Law Act. splitting instrument means any of the following, within the meaning of Part VIIIB of the Family Law Act: (a) a superannuation agreement; (b) a flag lifting agreement that provides for a payment split; (c) a splitting order. 17 Treasurer may charge fees for additional services The Treasurer may charge a person the reasonable cost of performing on behalf of the person a service in relation to this Act that the Treasurer undertakes at the request of the person. Part 7 Transitional matters 18 Transitional matters for Judges and Administrators Pensions Legislation Amendment Act 2006 (1) The amendments made to this Act by Part 2 of the Judges and Administrators Pensions Legislation Amendment Act 2006 have effect in relation to anyone holding office as a Judge before, on or after the commencement of this section.

Part 7 Transitional matters Supreme Court (Judges Pensions) Act 1980 17 (2) However, the amendments do not create an entitlement to an amount of pension for a period before the commencement of this section.

ENDNOTES Supreme Court (Judges Pensions) Act 1980 18 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 Pensions) Act 1980 (Act No. 52, 1980) Assent date 4 June 1980 Commenced 2 April 1982 (Gaz G13, 2 April 1982, p 4) Supreme Court (Judges Pensions) Amendment Act 1985 (Act No. 19, 1985) Assent date 23 May 1985 Commenced 3 July 1985 (Gaz G26, 3 July 1985, p 5) Statute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991) Assent date 16 December 1991 Commenced s 10: 2 April 1982; rem: 16 December 1991 (s 10(2), s 2 Supreme Court (Judges Pensions) Act 1980 (Act No. 52, 1980) and Gaz G13, 2 April 1982, p 4) Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Supreme Court (Judges Pensions) Amendment Act 1998 (Act No. 68, 1998) Assent date 23 September 1998 Commenced 20 October 1998 (Gaz S41, 20 October 1998) Supreme Court (Judges Pensions) Amendment Act 1999 (Act No. 62, 1999) Assent date 14 December 1999 Commenced 14 December 1999 Supreme Court (Judges Pensions) Amendment Act 2003 (Act No. 9, 2003) Assent date 18 March 2003 Commenced 28 May 2003 (Gaz G21, 28 May 2003, p 3)

ENDNOTES Supreme Court (Judges Pensions) Act 1980 19 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) Judges and Administrators Pensions Legislation Amendment Act 2006 (Act No. 21, 2006) Assent date 28 June 2006 Commenced 28 June 2006 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) 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 5 Supreme Court (Judges Pensions) Amendment Act 1985 (Act No. 29, 1985) s 61 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, 14 and 16. 5 LIST OF AMENDMENTS pt 1 hdg ins No. 14, 2023, s 4 s 3 amd No. 77, 1991, s 10; No. 68, 1998, s 4; No. 9, 2003, s 4; No. 1, 2004, s 52; No. 8, 2016, s 45; No. 14, 2023, s 5 ss 3AA – 3AB ins No. 1, 2004, s 53 pt 2 hdg ins No. 14, 2023, s 6 ss 3A – 3B ins No. 68, 1998, s 5 s 3C ins No. 68, 1998, s 5 amd No. 14, 2023, s 12 s 3D ins No. 68, 1998, s 5 s 3E ins No. 62, 1999, s 2 amd No. 14, 2023, s 12 pt 3 hdg ins No. 14, 2023, s 7 s 3F ins No. 14, 2023, s 7 s 4 amd No. 19, 1985, s 4; No. 68, 1998, s 6; No. 14, 2023, s 12 s 5 amd No. 68, 1998, s 6; No. 1, 2004, s 54; No. 21, 2006, s 3

ENDNOTES Supreme Court (Judges Pensions) Act 1980 20 s 6 amd No. 68, 1998, s 6; No. 1, 2004, s 55; No. 21, 2006, s 4 s 8 amd No. 68, 1998, s 6; No. 1, 2004, s 57; No. 14, 2023, s 12 s 9 amd No. 68, 1998, s 6; No. 1, 2004, s 58; No. 21, 2006, s 5; No. 14, 2023, s 12 s 10 amd No. 1, 2004, s 59 s 11 amd No. 14, 2023, s 12 s 12 amd No. 5, 1995, s 19; No. 15, 2009, s 16 rep No. 14, 2023, s 8 s 13 amd No. 68, 1998, s 6; No. 1, 2004, s 60; No. 14, 2023, s 12 pt 4 hdg ins No. 14, 2023, s 9 ss 13A – 13D ins No. 14, 2023, s 9 pt 5 hdg ins No. 14, 2023, s 9 ss 13E – 13H ins No. 14, 2023, s 9 pt 6 hdg ins No. 14, 2023, s 9 s 13J ins No. 14, 2023, s 9 s 16 ins No. 9, 2003, s 5 amd No. 14, 2023, s 10 s 17 ins No. 9, 2003, s 5 pt 7 hdg ins No. 14, 2023, s 11 s 18 ins No. 21, 2006, s 6

1 Supreme Court (Judges Pensions) Act 1980

The Act is built around a few recurrent statutory concepts and cross-references to Commonwealth law. The principal concepts and their statutory meanings are:

Judge, retired Judge and prior judicial service (s 3(1)). “Judge” excludes acting and additional Judges (those terms are defined in the Supreme Court Act 1979). Prior judicial service (s 3(1)) includes service as a judge of another State, Territory or the Commonwealth (excluding Local Court judges, magistrates or JPs) before appointment as a Judge; that prior service is added to service under s 3(2) for pension calculation purposes.
Appropriate current judicial salary (s 3(1)). Benefits are expressed as fractions of the “appropriate current judicial salary”, meaning the rate that would have been payable if the Judge had not retired or died. This links pension amounts to current salary levels rather than to salary at retirement.
Eligible child and surviving partner (s 3(1), ss 3AA-3AB). Children have age and education-based eligibility (under 16, or 16-25 in full-time education). The surviving partner includes spouse or de facto and, where both exist, rules in s 3AA determine which person is treated as the surviving partner (the de facto partner may be preferred where certain cohabitation and duration conditions are met). Section 3AB treats adoption in the context of further relationships.
Two pension regimes (Parts 3 and 4). The Act distinguishes Judges by appointment date. Part 3 applies to Judges appointed before a given commencement (s 3F). Part 4 applies to Judges appointed on or after that commencement (s 13A). The two regimes use different age and service thresholds and accrual rates. Part 3 contains older formulas (for example, s 4(1): 60% at age 60 after at least 10 years). Part 4 moves certain thresholds (for example, s 13B: 60% at age 65 after at least 15 years; s 13C: service minimum 9 years for other mandatory-age cessations).
Survivor and children’s pensions (ss 5-11, 13). Survivors are entitled to specified fractions of Judges’ pensions (for example, s 5: five-eighths of the pension that would have been payable to the Judge had they retired on date of death). Children’s pensions are statutory fixed amounts (specified dollar rates appear in the text: s 7 $208 pa (for certain categories), ss 9-11 $520 or amounts determined under the formulae in those sections). The Attorney-General has a power to direct payment to another person or that the pension be expended for the child in a specified way (s 13).
Superannuation surcharge administration (Part 2: ss 3A-3E). Administration must comply with the Commonwealth Surcharge Act and Surcharge Collection Act and with written agreements about exempt public sector schemes (s 3A). The Treasurer must maintain surcharge debt accounts and may debit surcharge and interest and credit amounts paid by a Judge (s 3B). Judges may make advance payments on approved election forms (s 3C). The Treasurer may commute pension to a lump sum to pay surcharge debts (s 3D). Retired Judges may request commutation to pay a surcharge after an ATO notice; the Treasurer must comply if satisfied the commuted amount will be used to pay the surcharge (s 3E).
Interaction with Commonwealth tax enforcement and release authorities (Part 5: ss 13E-13H). The Act defines “release authority” consistent with the Commonwealth Taxation Administration Act (s 13E). The Treasurer may pay release authority lump sums to the ATO on receipt of an authority (s 13F). Payments cannot reduce entitlements below zero (s 13G) and require actuarial advice to determine how to reduce pension entitlements to recover the paid amounts (s 13H).
Family Law compliance and splitting instruments (s 16). The Act is explicitly to be administered in accordance with Family Law Act provisions relating to superannuation. The Treasurer may prepare administrative instructions to give effect to Family Law Act requirements, splitting instruments, and Commonwealth superannuation Acts (s 16(4)-(5)). If provisions of this Act conflict with Family Law superannuation provisions or a splitting instrument, the Family Law provision or splitting instrument prevails for compliance purposes (s 16(7)).
Administrative details: accrual and payment schedule (s 13J), non-payability on removal (s 14), offset for other pensions (s 15), Treasurer may charge fees for services (s 17), transitional rules and savings (s 18 and endnotes).

These concepts create the legal frame used throughout the Act: entitlement entitlements are specified as a function of service, age and salary; survivor and children’s entitlements are separately articulated; Commonwealth law is given administrative primacy for surcharge, tax release and family law splitting matters; and the Treasurer and Attorney-General are given concrete operational roles.

Primary persons affected are Judges (as defined), retired Judges, their surviving partners and eligible children, and the Treasurer and Attorney-General as administrators. Secondary affected parties include the Territory (budget/appropriations), the Australian Taxation Office (ATO) and Commonwealth revenue bodies (via release authorities and surcharge recovery), and persons who may seek to exercise or be subject to Family Law splitting instruments.

More detail, with section references:

Judges and prospective Judges: the Act determines whether an individual appointed as a Judge will be eligible for a pension, what the pension level will be, and how periods of prior judicial service and acting service are treated (s 3(1), s 3(2), ss 4, 13B-13D). The Act distinguishes between Judges appointed before and after the commencement of Part 4 (s 3F, s 13A) and thus affects newly appointed Judges differently from incumbents.
Retired Judges: retired Judges receiving a pension are affected by commutation rules that may be used to pay superannuation contributions surcharge debts (s 3D-3E) and by possible reductions under Commonwealth release authorities where the ATO issues an authority (Part 5, ss 13E-13H).
Surviving partners and de facto partners: surviving partners have statutory entitlements if the Judge or retired Judge dies (ss 5-6). Section 3AA establishes how the surviving partner is defined where both a spouse and a de facto partner survive; the de facto partner may be treated as the surviving partner if the relationship lasted continuously for at least two years immediately prior to death and the spouse had not lived with the Judge during that period (s 3AA(2)). Where a surviving partner remarries or enters a further de facto relationship, adoption may extend child status in the new relationship (s 3AB).
Eligible children: children are eligible for children’s pensions if under 16, or 16-25 and in full-time education (s 3(1) definition). Children’s pensions vary by circumstance and may be excluded where the surviving partner’s later marriage/relationship occurred after retirement and within certain time limits before death (ss 8(2), 9(3), 10(3)).
Treasurer: the Treasurer must maintain surcharge debt accounts and is empowered to receive election forms, approve forms, accept advance payments, debit and credit surcharge debt accounts (ss 3B-3C), commute pensions (s 3D), pay release authority lump sums to the ATO (s 13F), apply actuarial reductions (s 13H), prepare administrative instructions to implement Family Law splitting (s 16(4)), and charge reasonable fees for additional services (s 17). The Treasurer therefore bears administrative and actuarial duties.
Attorney-General: the Attorney-General has specific decision-making roles, notably certification that a retirement is due to permanent disability or infirmity which affects pension outcomes under ss 4(3) and 13D(1)(b). The Attorney-General also may direct payment of children’s pensions to specified persons or that a child’s pension be expended in a specified manner where desirable for the child’s interests (s 13(1)).
Australian Taxation Office and Commonwealth agencies: the Act is administered to comply with the Commonwealth Surcharge Act and Surcharge Collection Act and to respond to ATO notices under s 15 of the Surcharge Collection Act (s 3A, s 3E). The Treasurer may pay amounts to the ATO under release authorities defined by the Commonwealth Taxation Administration Act (s 13E-13F).
Family law parties and courts: where splitting instruments apply under the Family Law Act they affect superannuation interests created under this Act; the Treasurer must administer the Act to comply with Family Law Act provisions and splitting instruments (s 16(2)-(3)). Administrative instructions may implement the mechanics of splitting (s 16(4)-(5)).

Budgetary and public finance consequences are explicit: pensions are payable from public moneys of the Territory and the appropriation for that purpose is to be established or increased to the extent necessary (s 13J(b)). This allocative consequence falls on the Territory’s budget.

Behavioural effects include decisions by Judges on whether to make advance payments to reduce surcharge debt (s 3C), the requirement to respond to ATO surcharge notices to trigger commutation options (s 3E), and the need for retiring Judges to consider tax liabilities and possible reductions under release authorities (ss 13F-13H). Surviving partners and guardians must make claims and manage pensions paid for children (ss 5-11, 11), and the Attorney-General and Treasurer must issue administrative directions and actuarial reductions as required.

This section summarises who must do what under the Act and the statutory rights that flow from compliance.

Rights (statutory entitlements):

Judges who meet the specified age and service thresholds have rights to pensions under the relevant Part. For Judges appointed before Part 4, s 4(1) entitles a Judge aged at least 60 who retires after at least 10 years’ service to a pension equal to 60% of the appropriate current judicial salary. For other cessations under Part 3, s 4(2) provides a pension equal to 0.5% of the appropriate current judicial salary for each completed month of service or 60% of that salary, whichever is lesser. For Judges appointed on or after the commencement of Part 4, s 13B entitles a Judge who has served at least 15 years and is at least 65 to 60% of the appropriate current judicial salary; s 13C gives a pension in other mandatory-age cessations for a Judge with at least 9 years’ service calculated as one-third of 1% per completed month or 60% whichever is lesser. Judges retiring due to permanent disability may obtain special entitlements certified by the Attorney-General (ss 4(3), 13D).
Surviving partners have rights to a pension at prescribed rates: s 5 (five-eighths of the pension that would have been payable to the Judge had the Judge retired on the date of death). For retired Judges a similar rule appears at s 6, with timing rules about the relationship’s beginning and duration. Children (eligible children) have rights to pensions under ss 7-11; specific dollar rates are given and the Attorney-General may direct alternate payment methods in the child’s interest (s 13).
Pension recipients have rights to be paid fortnightly from Territory public moneys and to have pensions accrue day-to-day (s 13J).
Pension recipients subject to a Commonwealth release authority are entitled to the procedural protections in ss 13G-13H: the release sum paid must not reduce entitlements below zero (s 13G(1)), and any reduction must be made with actuarial advice (s 13H(2)). Timing rules for reductions and survivors are in s 13H(3)-(4).

Duties and administrative obligations:

The Treasurer must establish and maintain surcharge debt accounts for Judges to whom the Territory pays or owes superannuation contributions surcharge (s 3B(1)). The Treasurer must debit surcharge paid and interest and credit amounts paid by Judges (s 3B(2)-(3)). This creates an ongoing accounting duty.
Judges may elect to make advance payments to reduce surcharge debt by lodging an approved election form with the Treasurer and paying the specified amounts in the specified manner (s 3C). The Treasurer must approve the election form format (s 3C(5)) and must accept variations and revocations according to form requirements (s 3C(4)).
The Treasurer has power to commute pensions to pay a Judge’s surcharge debt and to effect commutation for retired Judges who ask to pay a surcharge after receiving ATO notice (s 3D, s 3E). Subsection 3E(2) imposes an obligation on the Treasurer to comply with a commutation request if satisfied that the commuted amount will be used to pay the surcharge.
Where the ATO issues a release authority, the Treasurer may, on receiving the authority, pay a release authority lump sum to the ATO, subject to the limit rules (s 13F). The Treasurer must ensure the payment does not reduce entitlements below zero (s 13G) and must take actuarial advice to determine reductions (s 13H(2)). The Treasurer thus bears a duty to obtain actuarial advice and to apply reductions consistent with the limitation in s 13G.
The Attorney-General has a statutory duty to certify whether a retirement is due to permanent disability or infirmity for the purpose of triggering certain pension outcomes (s 4(3), s 13D(1)(b)). The Attorney-General also has discretionary powers in relation to how children’s pensions are paid or expended (s 13).
The Act must be administered to comply with Commonwealth Surcharge Acts and Surcharge Collection Act and with Family Law Act provisions relating to superannuation and applicable splitting instruments (ss 3A, 16(2)-(3)). This creates a compliance duty on the Treasurer and other administrators to implement Commonwealth law within the operation of the Act.
The Treasurer may prepare administrative instructions to operationalise Family Law and Commonwealth superannuation provisions (s 16(4)). Those instructions can set calculation methods and establish accounts for member and non-member spouses (s 16(5)). They take effect on the specified date (s 16(6)).
Pensions are not payable where a Judge has been removed from office under s 40 of the Supreme Court Act 1979 unless the Administrator directs otherwise (s 14), which creates a legal bar subject to the Administrator’s discretion.

Decision-makers and standards:

The Treasurer is the central financial decision-maker for surcharge account maintenance, accepting payments, commuting pensions and discharging Commonwealth release authorities, but subject to statutory constraints (s 3B-3E, ss 13E-13H).
The Attorney-General’s certifications and directions carry operational effect, for disability determinations and child pension management (ss 4(3), 13, 13D).
The ATO is the external decision-maker issuing surcharge assessment notices under Surcharge Collection Act and release authorities under Commonwealth tax law; the Act prescribes specific responses to those Commonwealth instruments (s 3E, ss 13E-13F).

Practical rights/duties interplay:

A retired Judge who receives an ATO notice under section 15 of the Surcharge Collection Act may ask the Treasurer within a reasonable period to commute pension to a lump sum sufficient to pay the surcharge; the Treasurer must comply if satisfied about use of the commuted amount (s 3E(1)-(2)).
If the ATO issues a release authority for a pension recipient, the Treasurer may pay an amount to the ATO but must ensure the pension recipient’s entitlements are not reduced below zero and must calculate the entitlements reduction with actuarial advice (ss 13F-13H).

These duties and rights allocate operational responsibility to the Treasurer and Attorney-General while giving pension recipients statutory protections in the context of Commonwealth tax enforcement, but also provide mechanisms for the Territory to recover surcharge and tax liabilities.

The Act largely focuses on entitlements and administrative mechanisms rather than criminal penalties. It does, however, create mandatory compliance obligations and enforcement mechanisms connected to Commonwealth tax and surcharge machinery, together with administrative limits on the Treasurer’s actions. The enforcement mechanisms are primarily civil and administrative in nature.

Key enforcement mechanisms and constraints in the Act:

Recovery of superannuation contributions surcharge and tax liabilities. The Treasurer is authorised to debit surcharge debt accounts with superannuation contributions surcharge and interest and to credit with amounts paid by Judges (s 3B(2)-(3)). To discharge these obligations the Treasurer may commute pension entitlements to a lump sum to pay the balance of a Judge’s surcharge debt account (s 3D). The Act thus provides a mechanism for the Territory to recover surcharge debts from pension entitlements without criminal process. The Treasurer’s power in s 3D is discretionary; the text is expressed as “may commute”.
Compulsory commutation on request following ATO notice. If a retired Judge receives a notice from the ATO under s 15 of the Surcharge Collection Act that they are liable for surcharge and the surcharge relates to surchargeable contributions, the retired Judge may request the Treasurer to commute pension as much as necessary to pay the amount, and the Treasurer must comply if satisfied the commuted amount will be used to pay the surcharge (s 3E(1)-(2)). This creates a voluntary-but-mandated path when initiated by the pensioner and satisfied by the Treasurer.
Payment under Commonwealth release authorities and corresponding reductions. The Treasurer may pay to the ATO a release authority lump sum from a pension recipient’s entitlements where the ATO issues a release authority and the release authority is properly given to the Treasurer (s 13F(1)). The amount is the lesser of the release authority and any specified amount requested to be paid (s 13F(2)). Payment must not reduce the pension recipient’s entitlements below zero (s 13G(1)). Where a payment is made, the Treasurer must reduce the pension entitlements so that the Territory recovers the amount paid and must take actuarial advice in determining the reduction (s 13H(1)-(2)). A reduction takes effect on the first payment more than 14 days after the Treasurer receives the release authority (s 13H(3)). If the retired Judge dies after a reduction and a surviving partner is entitled, the reduction is applied to the surviving partner’s entitlement on the first day the surviving partner’s entitlement is to be paid after the retired Judge’s death (s 13H(4)). These provisions create an enforcement mechanism via the Commonwealth tax process while preserving a statutory floor and procedural constraints.
Non-payability on removal. Section 14 provides that unless the Administrator directs otherwise, a pension is not payable by reason of the service of a Judge who has been removed from office under section 40 of the Supreme Court Act 1979. This operates as a denial of entitlement tied to removal for cause under the Supreme Court Act, subject to the Administrator’s discretionary direction.
Offsets for other pensions. Section 15 requires that where a pension under this Act is payable by reason of service as a Judge and a pension is payable elsewhere in respect of the person’s prior judicial service, the pension under this Act is to be reduced by the amount payable in respect of that prior service for the same period. This is an administrative offset to avoid duplication of benefit.
Family Law and splitting instruments. Section 16 compels administration of this Act in accordance with Family Law Act provisions relating to superannuation and any applicable splitting instrument. Where an inconsistency exists between this Act’s provisions or administrative instructions and the Family Law Act or a splitting instrument, compliance with the Family Law Act or splitting instrument suffices (s 16(7)). Enforcement therefore flows through the family law machinery , e.g. splitting orders or agreements , rather than penalties in the Act itself.
Fees and administrative costs. Section 17 permits the Treasurer to charge a person the reasonable cost of performing on that person’s behalf services in relation to the Act that the Treasurer undertakes at the person’s request. This is a cost-recovery enforcement of administrative costs.

The Act does not specify criminal penalties, compliance fines, or other civil sanctions in its text. Instead, enforcement is through administrative adjustments to pension entitlements, offsets, commutation, and compliance with Commonwealth instruments. Compliance risk therefore translates to financial exposure for the pension recipient (reduction in entitlements) rather than to criminal or civil penalties under the Act itself.

Practically, the strongest enforcement pressure will come from Commonwealth tax authorities via release authorities and from the Treasurer’s statutory powers to commute and reduce entitlements , both of which are constrained by duties to obtain actuarial advice and statutory floors (ss 13G-13H). The Attorney-General’s certification function and the Administrator’s discretion over removal (s 14) are also potential levers that can affect entitlement and hence serve as enforcement-adjacent mechanisms.

The Act repeatedly gives effect to, and is subordinated in various respects to, specific Commonwealth statutory regimes and Territory laws. The text explicitly mandates administration in accordance with Commonwealth surcharge and collection laws, Commonwealth tax release arrangements, and the Family Law Act. It also cross-refers to the Supreme Court Act 1979 for definitions and removal provisions.

Principal interactions are:

Superannuation surcharge laws and collection (Commonwealth). Section 3A requires administration in accordance with the Superannuation Contributions Tax Imposition Act 1997 (the Surcharge Act) and the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (the Surcharge Collection Act). Where an inconsistency exists between this Act and the Surcharge Act or Surcharge Collection Act, compliance with the Commonwealth Act is treated as compliance with this Act (s 3A(2)). Section 3B implements s 16 of the Surcharge Collection Act by requiring the Treasurer to establish surcharge debt accounts.
Superannuation Industry (Supervision) Act 1993 (Cth) related agreements. Section 3A(1)(b) requires administration to accord with written agreements between the Territory and Commonwealth relating to exempt public sector superannuation schemes within the meaning of s 10 of SIS Act. The Act thus interfaces with Commonwealth regulatory treatment of public sector superannuation schemes and with any written agreements reached pursuant to SIS Act provisions.
Australian Commonwealth tax law and release authorities. Part 5 defines “release authority” by reference to item 3 of the table in s 135-10(1) of Schedule 1 to the Taxation Administration Act 1953 (Cth) (s 13E). Section 13F permits the Treasurer to pay release authority lump sums to the ATO when properly presented. Section 13G imposes a statutory floor (no reduction of entitlements below zero), and s 13H prescribes actuarial reduction mechanisms. These provisions implement the Commonwealth tax law’s capacity to extract tax debts from superannuation interests and make the Territory’s pension entitlements subject to those mechanisms, with constraints.
Family Law Act 1975 (Cth) , superannuation splitting. Section 16 unambiguously requires the Act to be administered in accordance with Family Law Act provisions relating to superannuation and any splitting instrument (s 16(2)-(3)). The Treasurer may prepare administrative instructions necessary to give effect to Family Law splitting, including calculation methods and account establishment (s 16(4)-(5)). If there is inconsistency, compliance with the Family Law Act or a splitting instrument suffices (s 16(7)). The Act therefore permits splitting and division of superannuation interests created under this Act in family law property adjustments and requires the Territory to operationalise those decrees.
Supreme Court Act 1979 (NT). The definitions of acting Judge and additional Judge in this Act refer to meanings in the Supreme Court Act 1979 (s 3(1)). The removal penalty in s 14 refers to removal under s 40 of the Supreme Court Act 1979. Also, the appointment categories referenced in ss 3F and 13A refer to appointments under s 32(1)(c) or (d) of the Supreme Court Act 1979. The Act depends on the Supreme Court Act for structural definitions and for the removal ground that disqualifies entitlement absent Administrator direction.
Territory appropriation and financial management. Section 13J(b) expressly states that pensions are payable out of public moneys of the Territory and that appropriation for that purpose is to be established or increased as necessary. The endnotes show consequential amendments under the Financial Management Act (see endnotes listing Financial Management (Consequential Amendments) Act 1995 and Financial Management Amendment Act 2009). The Treasurer’s fee power (s 17) also interacts with internal financial management.
Commonwealth retirement and pension schemes. Section 15 requires adjustment for other pensions payable in respect of prior judicial service, including pensions paid “whether by virtue of a law or otherwise” and payable out of moneys provided in whole or in part by the Territory, a State, the Commonwealth or another Territory. This prevents duplication across jurisdictions and statutory schemes.

Hierarchy and conflict resolution:

For superannuation surcharge and collection issues, the Commonwealth Surcharge Acts take priority for compliance purposes under s 3A(2). For family law splitting, the Family Law Act or splitting instrument has operative primacy for compliance purposes under s 16(7). For release authorities arising under Commonwealth tax law, the Act integrates the Commonwealth process through s 13F and constrains the Treasurer’s remedy by s 13G and s 13H.

Operational consequence:

The Act is not an isolated entitlement code: it is expressly cross-stitched to Commonwealth taxing and family law regimes and to Territory Supreme Court law. Where Commonwealth law provides payment extraction or splitting instruments, the Territory’s pensions are to be administered so those Commonwealth rights can be given effect (s 3A, s 16). Administrators must therefore operate with an eye to Commonwealth forms, notices, release authorities, and splitting instruments and must follow Commonwealth timelines and procedural requirements where specified.

The Act has been amended repeatedly since its enactment in 1980. The endnotes in the reprint provide a structured list of amendments and commencement dates. Below are the key amendment events and how they changed the Act as shown in the text provided. This section draws strictly on the Act’s endnotes.

Foundational dates:

Assent and commencement: original Act (Act No. 52, 1980) assented 4 June 1980, commenced 2 April 1982 (endnote list at start).

Major amendments and insertions (by year and Act number as listed in endnotes):

1985 (Supreme Court (Judges Pensions) Amendment Act 1985, Act No. 19, 1985): Amended s 4 (see list: s 4 amd No. 19, 1985, s 4). Commenced 3 July 1985. The nature of the 1985 amendment in the reprint indicates changes to the pension formula in s 4.
1991 (Statute Law (Miscellaneous Amendments) Act 1991, Act No. 77, 1991): Amendment to s 3 (endnote: s 3 amd No. 77, 1991, s 10). Also noted in endnotes as general reprint formal amendments.
1995 (Financial Management (Consequential Amendments) Act 1995, Act No. 5, 1995): Commenced 1 April 1995, with amendments to s 12 (endnote: s 12 amd No. 5, 1995, s 19). This appears to reflect financial management alignment.
1998 (Supreme Court (Judges Pensions) Amendment Act 1998, Act No. 68, 1998): Introduced Part 2 headings and sections 3A-3D and amended other sections (endnotes: ss 3A-3B ins No. 68, 1998, s 5; s 3C ins No. 68, 1998, s 5; s 3D ins No. 68, 1998, s 5; s 4 amd No. 68, 1998, s 6; and numerous other amendments across ss 5-13). This package added the Surcharge Act compliance machinery and related powers.
1999 (Supreme Court (Judges Pensions) Amendment Act 1999, Act No. 62, 1999): Inserted s 3E (endnote: s 3E ins No. 62, 1999, s 2) to permit commutation to pay deferred superannuation contributions surcharge following ATO notice.
2003 (Supreme Court (Judges Pensions) Amendment Act 2003, Act No. 9, 2003): Amended s 3 (endnote) and inserted s 16 (Act to be administered in accord with Family Law Act) and s 17 (Treasurer may charge fees) , see endnotes: s 16 ins No. 9, 2003, s 5; s 17 ins No. 9, 2003, s 5.
2004 (Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003, Act No. 1, 2004): Effected changes in recognition of de facto relationships and surviving partner definitions; ss 3AA-3AB were inserted by No. 1, 2004, s 53 and other sections amended to reflect these changes (endnotes: ss 3AA-3AB ins No. 1, 2004, s 53; s 5 amd No. 1, 2004, s 54; s 6 amd No. 1, 2004, s 55; etc).
2006 (Judges and Administrators Pensions Legislation Amendment Act 2006, Act No. 21, 2006): Inserted s 18 Transitional matters and several amendments directing transitional application to persons holding office before, on or after commencement (endnotes: s 18 ins No. 21, 2006, s 6; s 18 referenced in pt 7 hdg). The reprint notes transitional matters in s 18 related to the 2006 amendments.
2009 (Financial Management Amendment Act 2009, Act No. 15, 2009): Amended s 12 (endnote: s 12 amd No. 15, 2009, s 16).
2016 (Local Court (Related Amendments) Act 2016, Act No. 8, 2016): Amended s 3; endnote states s 3 amd No. 8, 2016, s 45.
2018 (Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018)): General formal amendments to ss 1, 3, 14 and 16 are noted in endnote 4 as unspecified formal amendments.
2023 (Judicial and Other Officers' Entitlements Legislation Amendment Act 2023, Act No. 14, 2023): This Act introduced structural changes reflected across the reprint. Endnotes show extensive insertions and amendments credited to No. 14, 2023: insertion of Part headings, insertion of ss 13A-13D (Pt 4) and ss 13E-13H (Pt 5) and s 13J and other insertions and amendments across the text (see endnotes: pt 1 hdg ins No. 14, 2023, s 4; ss 3C ins No. 68, 1998, s 5 amd No. 14, 2023, s 12; many other s xx amd No. 14, 2023, s 12 references; pt 4 hdg ins No. 14, 2023, s 9; ss 13A-13D ins No. 14, 2023, s 9; pt 5 hdg ins No. 14, 2023, s 9; ss 13E-13H ins No. 14, 2023, s 9; pt 6 hdg ins No. 14, 2023, s 9; s 13J ins No. 14, 2023, s 9; amd No. 14, 2023, s 10).

Endnote cross-references indicate a pattern: the Act began as a simple pension law in 1980 and over time incorporated Commonwealth surcharge compliance (late 1990s), Family Law splitting and gender/de facto relationship recognition, and more recently a re-structuring and insertion of Part 4/Part 5 pension and tax interaction rules (2023). The reprint explicitly records each amendment by Act number and section, so users must consult the legislative history entries in the endnotes when tracing the precise textual provenance of a specific provision.

What the amendment history implies for practitioners:

The Act’s current architecture is the product of multiple amendments that integrate Commonwealth tax and family law regimes. Practitioners must trace whether a Judge falls under Part 3 or Part 4 and which amendment era governs a particular entitlement (s 3F, s 13A; s 18 transitional provisions).
Substantive changes to ages, service-thresholds and accrual rates were made at different times, so the date of appointment and the date of retirement are material facts when advising on entitlements.

The text of the Act in the supplied reprint does not record or cite any cases or judicial decisions applying this Act. The endnotes and table of provisions list amendments, commencement dates and statutory references, but they do not contain a list of reported litigation or authorities that have interpreted the Act. Accordingly, there is no litigation history recorded in the current reprint.

For practitioners that need to advise on contested points arising under the Act, the absence of cases in the Act’s own text means one must search jurisdictions’ case law databases and administrative decisions for disputes in the Northern Territory courts or Federal courts that have considered:

the construction of pension formulas (for example the application of “appropriate current judicial salary”);
the interaction and precedence of the Surcharge Act, Surcharge Collection Act and release authorities with Territory pension entitlements;
the operation of Family Law splitting instruments against this Act’s entitlements and the procedures required by s 16 and any administrative instructions;
the legal effects of Treasurer commutations and actuarial reductions, and the calculation methods employed under s 13H; and
the Attorney-General’s certification on permanent disability and how that standard has been applied.

Absent a litigation list in the Act, potential areas that are plausible contest points (to be checked in the case law) include:

disputes about whether particular periods qualify as prior judicial service under s 3(1) and whether they should be aggregated under s 3(2) when calculating pension entitlements;
disputes arising from the Treasurer’s actuarial calculations used to reduce entitlements under s 13H and the method used to ensure the Territory recovers the amount paid to the ATO while complying with the statutory floor in s 13G;
disputes about what constitutes an eligible child or which children are excluded under the “further relationship” rules (s 3AB) and time-limit conditions in ss 8(2), 9(3), 10(3);
disputes about the Treasurer’s acceptance or rejection of an approved election form for advance payments under s 3C, and timeliness issues with commutation requests under s 3E; and
challenges to a decision under s 14 denying pensions on removal, where the Administrator did not direct payment.

Practitioners should therefore not rely on the absence of litigation in the reprint as evidence of settled law. Instead, they should conduct independent case-law research in relevant Northern Territory courts, Federal courts and administrative tribunals for decisions on the Act’s provisions, and check whether administrative instructions under s 16 exist and have been challenged.

The Act contains several technical features and asymmetries that are easily overlooked and that materially affect entitlements and administrative outcomes. The following are practical “watch-outs” for advisers and administrators, cross-referenced to the Act’s provisions.

Two separate regimes depending on appointment date

Whether a Judge is governed by Part 3 or Part 4 depends on the date of appointment and transitional provisions (s 3F, s 13A and s 18). That changes age thresholds (60 v 65), service-length thresholds (e.g. 10 v 15 years), and accrual rates (0.5% per month under s 4(2)(e) v one-third of 1% per month under s 13C(2)(a)). Advisers must establish which Part applies before doing any pension math.

Different accrual rates and units

Part 3 uses 0.5% per completed month in s 4(2)(e) (equivalent to 6% per annum) for certain calculations. Part 4 uses “one-third of 1%” per completed month in s 13C(2)(a) (approximately 0.333...% per month, equivalent to 4% per annum). The difference is material to pension levels for non-60/65 retirements. Care is required to convert month-based accruals to annualised rates and not to confuse “per month” rates.

Age thresholds and service minima differ

Under Part 3, a Judge can secure 60% at age 60 with at least 10 years service (s 4(1)). Under Part 4, a Judge needs 15 years service and be at least age 65 for the 60% entitlement (s 13B). Part 3 also allows entitlement for mandatory-age cessation with at least 6 years service (s 4(2)(c)); Part 4 sets that at 9 years (s 13C(1)(c)). Small differences in dates or prior acting service can therefore change outcome materially.

Prior judicial service aggregation rules

Section 3(2) requires that acting Judge service and prior judicial service be taken into account as service as a Judge. However, the specific effect depends on the Judge’s appointment regime and whether the date on which such prior service began is relevant (s 3F(2), s 13A(2) indicate the date on which a Judge began a period of service is irrelevant for these sections). Practitioners must identify all prior judicial service and check aggregation carefully.

Survivorship and de facto/spouse selection rules

If both a spouse and de facto partner survive a Judge, s 3AA(2) gives priority to the de facto partner only where the relationship lasted continuously for at least two years immediately before death and the spouse had not lived with the Judge during that period. If those conditions are not met, the spouse is the surviving partner. This creates potential disputes and requires contemporaneous relationship evidence.

Children’s pensions are specified dollar amounts but depend on context

Sections 7-11 provide dollar figures for children’s pensions ($208 pa in s 7 and s 8(1) for certain categories; $520 pa or amounts determined by a formula in s 9 and s 10). Those amounts differ by circumstances (whether the surviving partner exists, and whether the surviving partner’s pension is payable). The formulas in ss 9(2) and 10(2) tie the child’s rate to a fraction of the pension that would have been payable to the surviving partner (or to the Judge). Practitioners must not assume a single flat-rate per child across all circumstances.

Children from later “further relationships” may be excluded

Sections 8(2), 9(3) and 10(3) exclude children of a retired Judge or surviving partner from children’s pensions where the surviving partner married or entered a de facto relationship with the Judge after retirement, after the Judge attained age 60, and less than 5 years before the Judge died. This is a timing-sensitive exclusion that can produce hard results.

Commutation and timing traps for surcharge payment

Section 3D allows the Treasurer to commute part of a pension to pay a surcharge debt account. Section 3E allows a retired Judge to request commutation after receiving an ATO notice; the Treasurer must comply if satisfied the commuted amount will be used to pay the surcharge (s 3E(2)). “Reasonable period” for requesting commutation after notice is not defined in the text, creating potential procedural disputes about timeliness.

Release authority payments subject to actuarial reduction and a zero floor

The Treasurer may pay release authority lump sums to the ATO (s 13F), but cannot reduce a pension recipient’s entitlements below zero (s 13G(1)). The Treasurer must take actuarial advice to determine the reduction (s 13H(2)). The requirement for actuarial advice is an operational constraint that may delay payments; the Act does not specify timing or standards for that actuarial advice. Reductions take effect on the first payment more than 14 days after the Treasurer receives the release authority (s 13H(3)), which creates an operational window.

Family Law supremacy for splitting and administrative instructions

Section 16 gives the Family Law Act primacy in the event of inconsistency and empowers the Treasurer to prepare administrative instructions to implement splitting. Practitioners must obtain and check any administrative instructions the Treasurer prepares, because these may materially affect calculation and payment mechanics but are not reproduced in the Act.

Administrator’s discretion on removal

A pension is not payable due to service if the Judge has been removed under s 40 of the Supreme Court Act 1979 unless the Administrator otherwise directs (s 14). The Administrator’s direction can create exceptions; advisers must check whether such a direction exists in any given case.

Appropriation and public moneys

Pensions are payable from public moneys and appropriation is to be established or increased as necessary (s 13J(b)). That creates a potential political-budgetary risk, even though the Act deems the appropriation to be established or increased. Advisers should be mindful of the administrative and budgetary process when advising on the viability of long-term pensions, particularly when commutation actions to satisfy Commonwealth liabilities may be sought.

Fees for requested services

Section 17 allows the Treasurer to charge reasonable cost for services performed at a person’s request. Applicants should budget for potential fees, for example, where the Treasurer is asked to undertake calculations, prepare splitting accounts or perform administrative services.

No criminal penalty scheme in the Act itself

The Act provides administrative enforcement routes (commutation, actuarial reductions, offsets) but does not create criminal penalties for non-compliance with its provisions; discipline or criminal sanction would arise, if at all, from other legal frameworks (e.g. removal under the Supreme Court Act).

In short, the gotchas are concentrated around regime selection (Part 3 v Part 4), accrual-rate differences, timing and eligibility rules for survivors and children, the mechanics and timing of commutation and actuarial reductions, and the operational dependencies on Commonwealth tax and family law instruments and on Treasurer-issued administrative instructions.

This section sets out pragmatic compliance steps and checklists for the principal actors named in the Act: Judges and retired Judges; surviving partners and guardians; the Treasurer and Territory administrators; the Attorney-General; and legal advisers dealing with Family Law splitting or Commonwealth tax instruments. All procedural steps reference the relevant sections.

For Judges and retired Judges

Determine which Part applies

Establish whether the Judge was appointed before or after the commencement of Part 4 (section 3F and 13A) and apply the correct pension regime (Part 3 formulas in ss 4-13 or Part 4 in ss 13A-13D). Check s 18 transitional provisions where appointment dates straddle amendment dates.

Document total qualifying service

Collate records of judicial service, including acting Judge periods and prior judicial service in other jurisdictions, because s 3(2) requires adding those periods to service. Accurate records affect pension quantum.

Track age and service thresholds

Note the relevant retirement age and service minimums (e.g. 60/10 years under s 4(1) for pre‑Part 4; 65/15 years under s 13B for post‑Part 4). Calculate pension rights using the correct per-month accrual where applicable (s 4(2)(e) 0.5% per month; s 13C(2)(a) one‑third of 1% per month).

For superannuation surcharge risk

If subject to Territory-paid superannuation contributions surcharge, consider making advance payments under s 3C to reduce a surcharge debt account. To do so you must lodge an approved election form with the Treasurer specifying amount and manner and follow the process for variations or revocations (s 3C(1)-(4)). Confirm the Treasurer’s approved election form format (s 3C(5)).

Respond to ATO surcharge notices promptly

If you receive an ATO notice under s 15 of the Surcharge Collection Act that you are liable for surcharge, you may request commutation under s 3E(1) within a “reasonable period” after notice. Such an application should be in writing to the Treasurer and specify the amount to be commuted. Keep records and seek early legal/financial advice because the Treasurer’s compliance with a request is conditioned on satisfaction that the commuted amount will be used to pay the surcharge (s 3E(2)).

Engage with tax advisors

If a release authority is issued under Commonwealth tax law, expect the Treasurer to pay a release authority lump sum to ATO and to take actuarial advice to reduce pension entitlements in order to recover that payment (ss 13F-13H). Seek tax and actuarial advice early.

For surviving partners, guardians and eligible children

Understand survivor status and priority rules

If both spouse and de facto partner survive a Judge, check s 3AA(2) to see whether the de facto partner qualifies as the surviving partner (must have been de facto for at least two continuous years immediately preceding death and the spouse must not have lived with the Judge during that period). Documentary proof of cohabitation and dates may be required.

Make timely claims

Make claims for surviving partner pension (ss 5-6) and children’s pensions (ss 7-11) in accordance with administrative processes set by the Treasurer. The Attorney-General may, in particular circumstances, direct that a child’s pension be paid to someone else or expended for the child (s 13(1)). Guardians are to receive orphans’ pensions for the child’s support and education (s 11).

Be alert to exclusions for children

Where a retired Judge married or entered a de facto relationship after retirement and after turning 60 and less than 5 years before death, some children from that later relationship are excluded from pension entitlements (ss 8(2), 9(3), 10(3)). Obtain documentation of dates of marriage/relationship and children’s parentage before applying.

For the Treasurer and Territory administrators

Maintain surcharge debt accounts

Establish and maintain surcharge debt accounts for each Judge for whom the Treasurer pays the superannuation contributions surcharge (s 3B(1)). Debit surcharge and interest and credit payments made by Judges (s 3B(2)-(3)). Maintain clear accounting records and flowcharts to support subsequent commutations.

Approve and administer election forms

Prepare and make available approved election forms for Judges to make advance payments under s 3C. Ensure the form specifies amount and manner and provides fields for variations and revocations as s 3C(3)-(4) requires.

Prepare actuarial procedures and timetables

Where a release authority or commutation applies, ensure timely access to qualified actuarial advice for determining reductions to pension entitlements under s 13H(2). Define internal timelines so that reductions take effect as prescribed (s 13H(3)) and the zero floor in s 13G is respected. Document methodology and seek consistent actuarial practice.

Implement Family Law administrative instructions

Under s 16(4)-(5), prepare administrative instructions that specify calculation and payment methods for splitting instruments and the establishment of accounts for non‑member spouses. Publicise or provide access to these instructions so parties and courts can rely on stable procedures. Ensure administrative instructions take effect on their specified date (s 16(6)) and that they are drafted to avoid conflicts with Family Law Act instruments (s 16(7)).

Fee charging and cost recovery

Implement a fees schedule for services undertaken at persons’ requests under s 17, ensuring fees are reasonable and transparent.

Keep appropriation and budget lines updated

Ensure that pension payments are provisioned in Territory budgets, per s 13J(b). Plan for the long-term fiscal impact and provide documentation for the appropriation adjustments required.

For the Attorney-General

Timely disability certifications

Where a Judge retires due to permanent disability or infirmity, the Attorney-General must issue the certification required to trigger pension outcomes in ss 4(3) or 13D(1)(b). Establish a protocol for timely assessment and documentation of the factual basis for disability certification.

Children’s pension directions

Where children’s support or education would be better assured by payment to someone other than the surviving partner or specific expenditure, exercise the discretionary power in s 13(1) with contemporaneous record-keeping explaining the basis for any direction.

For legal advisers dealing with Family Law splitting or Commonwealth tax release authorities

Draft splitting instruments cognisant of pension mechanics

When preparing splitting orders, agreements or flag-lifting agreements, ensure the instrument’s mechanics are compatible with the Territory’s administrative instructions under s 16 and the Act’s pension structure. Coordinate with the Treasurer’s officers early in the process.

Interact with Commonwealth tax office processes

Where ATO release authorities or Surcharge Collection Act notices are implicated, involve taxation counsel and actuaries to coordinate timing, to ensure pensions are reduced lawfully and to make any commutation requests under s 3E within a reasonable period.

Record-keeping and documentation

Across all actors, retain documentary proof of dates of appointment, periods of acting and prior judicial service, relationship histories (marriage and de facto durations), children’s birth/adoption and full-time education status for any 16-25-year-old child, communications with the ATO, and all election forms or requests under ss 3C and 3E. These records will be essential in administering entitlements and defending disputes.

Operational checklists

Judges: Verify Part applicability, compile service record, consider advance payment election, retain tax and family law advice, respond promptly to ATO notices.
Treasurer: Maintain surcharge accounts, prepare approved forms, create actuarial procedures, publish administrative instructions for Family Law splitting, maintain transparency on fee charging.
Attorney-General: Maintain protocols for disability certification and discretionary orders for children’s pensions.
Family law practitioners: Check administrative instructions, coordinate with Treasurer, obtain splitting instruments that are operationally precise.

Following these steps will align behaviour with the statutory duties and rights in the Act and will minimise procedural disputes. Administrative instruction and actuarial methodologies should be documented to ensure predictability and defensibility where reductions or commutations are applied.

Supreme Court (Judges Pensions) Act 1980

Plain English Summary

Deep Dive

What it does

Current sections

Supreme Court (Judges Pensions) Act 1980

Source text: opening excerpt

1 Supreme Court (Judges Pensions) Act 1980

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply