JUDGES AND ADMINISTRATORS PENSIONS LEGISLATION AMENDMENT BILL 2006 Explanatory Statement

Northern Territory Explanatory Statements

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JUDGES AND ADMINISTRATORS PENSIONS LEGISLATION AMENDMENT BILL 2006

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

Judges and Administrators Pensions Legislation Amendment Bill 2006
SERIAL NO. 51

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of this Bill is to remove provisions from the Supreme Court (Judges Pensions) Act that disentitle a judge’s surviving partner from receiving a pension on either remarriage or the entering into of a de facto relationship. The Bill makes a similar amendment to the Administrators Pensions Act, as the pension scheme under that Act is structured similarly.

These amendments address outdated notions and presumptions contained in both these Acts. The disentitlement of a surviving partner once he or she remarries or enters a new de facto relationship is based on the assumption that a Judge’s partner is a completely dependent female. The operation of the schemes in relation to surviving partners is also inconsistent with the fact that they are treated as superannuation for other purposes.

NOTES ON CLAUSES

PART 1 – PRELIMINARY MATTERS

Clause 1. Short Title.

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Judges and Administrators Pensions Legislation Amendment Act 2006.

PART 2 – AMENDMENT OF SUPREME COURT (JUDGES PENSIONS) ACT

Clause 2. Act amended.

This clause clarifies that Part 2 amends the Supreme Court (Judges Pensions) Act.

Clause 3. Amendment of section 5 (Pension to surviving partner on death of Judge).

This clause omits section 5(2) of the Supreme Court (Judges Pensions) Act.

Clause 4. Amendment of section 6 (Pension to surviving partner on death of retired Judge).

This clause omits section 6(2) of the Supreme Court (Judges Pensions) Act.

Clause 5. Amendment of section 9 (Pension in respect of children on death of surviving partner).

This clause omits the words “or any further relationship” from section 9(2) of the Supreme Court (Judges Pensions) Act.

Clause 6. New section 18.

New clause 18(1) inserts a new transitional clause to provide that the amendments made by this Bill apply to all past, present and future Judges.

New clause 18(2) clarifies that the amendments do not create a pension entitlement for any period prior to the commencement of the Act. This means that where a surviving partner of a deceased Judge is currently not receiving a pension because he or she entered into a new relationship, the surviving partner will be entitled to begin receiving the pension after the amendments to this Bill commence, but not prior.

PART 3 – AMENDMENT OF ADMINISTRATORS PENSIONS ACT

Clause 7. Act Amended.

This clause clarifies that Part 3 amends the Administrators Pensions Act.

Clause 8. Amendment of section 5 (Pension of spouse or de facto partner).

This clause omits the words “or until the surviving partner marries or enters a de facto relationship,” from section 5(1) of the Administrators Pensions Act.

Clause 9. New section 11.

New clause 11(1) inserts a new transitional clause to provide that the amendments made by this Bill apply to all past Administrators and to the current Administrator.

New clause 11(2) clarifies that the amendments do not create a pension entitlement for any period prior to the commencement of the Act. This means that where a surviving partner of a current Administrator or past Administrators is currently not receiving a pension because he or she entered into a new relationship, the surviving partner will be entitled to begin receiving the pension after the amendments to this Bill commence, but not prior.

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