SUPREME COURT ACT 1933 - SECT 37U Resident judges
SUPREME COURT ACT 1933 - SECT 37U
Resident judges(1) This section applies to a person (other than a person to whom the A.C.T. Self-Government (Consequential Provisions) Act 1988
(Cwlth), section 29A (2) applies) who is appointed as a resident judge.
(2) A person to whom this section applies is entitled to the same remuneration, allowances and entitlements as a judge of the Federal Court is entitled to from time to time.
(3) However, subsection (2) is subject to the following provisions:
(a) subsections (4) to (6);
(b) section 37UA (Indemnity for superannuation surcharge levy);
(c) section 37UB (Salary of former President).
(4) For subsection (2), the Judges' Pensions Act 1968
(Cwlth) and the Judges (Long Leave Payments) Act 1979
(Cwlth) apply in relation to a person to whom this section applies, to the extent to which they are capable of being applied, as if—
(a) those Acts were territory laws; and
(b) the person had been a judge of the Federal Court immediately before the person died or retired, had been appointed to that court when appointed as a resident judge and had served as a judge of that court for a period equal to the period of the person's service as a resident judge; and
(c) the Judges' Pensions Act 1968
(Cwlth), section 6A applied to the person, and section 6B did not apply to the person, whether or not the person's surcharge debt account (if any) is in debit when a pension becomes payable to the person; and
(d) a reference to the Attorney-General of the Commonwealth were a reference to the Attorney-General; and
(e) a reference to the Governor-General of the Commonwealth were a reference to the Executive; and
(f) a reference to the Constitution, section 72 were a reference to the Judicial Commissions Act 1994
, section 5; and
(g) a reference to the Consolidated Revenue Fund were a reference to the public money of the Territory; and
(h) a reference to the administrative appeals tribunal of the Commonwealth were a reference to the ACAT; and
(i) a reference in the Judges' Pensions Act 1968
(Cwlth) to a marital relationship included a reference to a relationship between 2 people of the same sex, subject otherwise to that Act, section 4AB (Marital relationship); and
(j) a reference in the Judges (Long Leave Payments) Act 1979
(Cwlth) to a widow or widower of a judge who has died included a reference to anyone else who was the domestic partner of the judge when the judge died; and
(k) all other necessary changes, and any changes prescribed by regulation, were made.
Note 1 A reference to a Cwlth Act includes a reference to the Act as originally made and as amended (see Legislation Act
, s 102).
Note 2 For the meaning of domestic partner , see the Legislation Act
, s 169.
(5) To remove any doubt, for the application of the Judges' Pensions Act 1968
(Cwlth) to a person to whom this section applies, a reference in that Act to the appropriate current judicial salary in relation to the person is—
(a) for a person who was Chief Justice—a reference to salary at the rate that would be payable to the person as Chief Justice if the person had not died or retired; and
(b) for a person who was President—a reference to salary at the rate that would be payable to the person as President if the person had not died or retired; and
(c) for a person who was appointed to an office that has been abolished—a reference to the amount determined by the Minister to be reasonable having regard to the rate of salary payable—
(i) for the office before it was abolished; and
(ii) for other offices under this part.
(6) For subsection (5), "salary" includes salary (however described) payable under a determination of the remuneration tribunal.
(7) A determination made under subsection (5) (c)—
(a) is a notifiable instrument; and
(b) for the first determination made in relation to the holder of the abolished office—takes effect on, unless otherwise stated in the determination, the day immediately after the office is abolished.
Note A notifiable instrument must be notified under the Legislation Act
.