SUPREME COURT ACT 1935 - SECT 13H
SUPREME COURT ACT 1935 - SECT 13H
(1) Subject to this
section, the Governor may grant to any judge or master immediately prior to
his retirement not more than six months leave of absence on full salary.
(2) Where a judge or
master retires or resigns without taking any leave which had been or could
have been granted to him under subsection (1) of this section, the
Governor may direct that a cash payment be made to him in lieu of the leave
not so taken. The payment shall not exceed the amount of the salary of the
judge or master for a period equal to the period of the leave not so taken,
calculated at the rate at which he was being paid at the time of the
retirement or resignation.
(3) A direction under
subsection (2) of this section may be given before or after the
retirement or resignation of the judge or master and a payment under that
subsection may be made before or after that retirement or resignation.
(4) If any judge or
master dies before the commencement or during the currency of any leave
granted or before such leave has been granted pursuant to subsection (1)
of this section the Governor may, in respect of the period of the leave so
granted or the unexpired portion thereof, or in respect of the period of the
leave which might have been granted (according to the circumstances of the
case), pay to the dependants (if any) of such judge or master the amounts of
salary which would have been payable to such judge or master himself if he had
survived.
(4a) If the judge or
master died without leaving any dependants the Governor may pay the said
amounts of salary to his personal representatives.
(4b) Any question as
to—
(a)
whether there are any dependants in any particular case, or who are the
dependants;
(b) what
dependant or dependants shall be entitled to the benefit of payments made
under this subsection, and in what proportions if more than one dependant,
shall be settled by the Governor, as he deems proper.
(4c) In this
section—
"dependants" means those members of the family of a judge or master who were
wholly or in part dependent upon his earnings at the time of his death;
"domestic partner", in relation to a deceased judge or master, means—
(a) a
person declared under the Family Relationships Act 1975 to have been the
domestic partner of that judge or master (as the case may be) as at the date
of the judge's or master's death; or
(b) a
person who was in a registered relationship with the judge or master (as the
case may be) as at the date of the judge's or master's death;
"members of the family" includes spouse, domestic partner, parents,
grandparents, step-parents, children, grandchildren, step-children, brothers,
sisters, half-brothers and half-sisters;
"registered relationship" means a relationship that is registered under the
Relationships Register Act 2016 , and includes a corresponding law
registered relationship under that Act;
"spouse"—a person is the spouse of another if they are legally married.
(5) Where leave is
granted to any judge or master under this section, that judge or master may,
at the commencement of such leave, be paid the total salary which would be
payable to him during the currency of the leave.
(6) This section shall
not apply to a master who was, immediately before the commencement of the
Statutes Amendment (Administration of Courts and Tribunals) Act 1981 ,
the master or a deputy master of the court.