Commonwealth Consolidated Acts

JUDGES' PENSIONS ACT 1968 - SECT 4AC

             (1)  In this section:

"deceased Judge" means a person who was, at the time of his or her death, a Judge or retired Judge.

             (2)  For the purposes of this Act, a person is a spouse who survives a deceased Judge if:

                     (a)  the person had a marital or couple relationship with the deceased Judge at the time of the death of the deceased Judge ( the death ); and

                     (b)  in the case of a deceased Judge who was a retired Judge at the time of the death:

                              (i)  the marital or couple relationship began before the retired Judge became a retired Judge; or

                             (ii)  the marital or couple relationship began after the retired Judge became a retired Judge but before the retired Judge reached 60; or

                            (iii)  in the case of neither subparagraph (i) nor (ii) applying--the marital or couple relationship had continued for a period of at least 5 years up to the time of the death.

             (3)  In spite of subsection (2), a person is taken to be a spouse who survives a deceased Judge if:

                     (a)  the person had previously had a marital or couple relationship with the deceased Judge; and

                     (b)  the person did not, at the time of the death, have a marital or couple relationship with the deceased Judge but was legally married to the deceased Judge; and

                     (c)  in the case of a marital or couple relationship that began after the deceased person became a retired Judge and reached 60--the relationship began at least 5 years before the deceased person's death; and

                     (d)  in the Attorney‑General's opinion, the person was wholly or substantially dependent upon the deceased Judge at the time of the death.