Commonwealth Consolidated Acts

JUDGES (LONG LEAVE PAYMENTS) ACT 1979 - SECT 4

             (1)  On:

                     (a)  the retirement of a Judge after having completed at least 10 years' service as a Judge; or

                     (b)  the death of a Judge, whether or not he or she has completed 10 years' service as a Judge;

an amount calculated in accordance with subsection (2) is payable in accordance with this Act.

             (2)  The amount payable under subsection (1) in respect of a Judge is an amount equal to the judicial salary of the Judge for:

                     (a)  a period of 52 weeks; or

                     (b)  a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Judge's qualifying service;

whichever is the lesser period.

          (2A)  Where:

                     (a)  a Judge (not being a Judge to whom subsection (1) applies) is to cease to hold office as a Judge upon attaining a particular age, and the Judge ceases to be a Judge upon attaining that age; and

                     (b)  at the time of the Judge's so ceasing, the period of his or her service as a Judge was not less than 6 years;

an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.

          (2B)  Where:

                     (a)  a Judge (not being a Judge to whom subsection (1) applies) retires; and

                     (b)  the Attorney‑General certifies under section 6 of the Judges' Pensions Act 1968 that the retirement is due to permanent disability or infirmity;

an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.

          (2C)  The amount payable under subsection (2A) or (2B) in respect of a Judge is an amount equal to the judicial salary of the Judge for a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Judge's qualifying service.

             (3)  In this section:

"qualifying service" , in relation to a Judge, means the period of his or her service as a Judge, other than any period of such service in respect of which the Judge has taken long leave or has been paid in lieu of such leave.

"service as a Judge" , in relation to a Judge, means the period that is to be regarded, in relation to the Judge, as service as a Judge for the purposes of section 6 of the Judges' Pensions Act 1968 .