Western Australian Consolidated Acts Western Australian Consolidated Acts A person may, at the
same time, be a judge of the Family Court of Australia and a judge of the
Family Court of Western Australia but —
(a)
while the person is entitled to be paid salary and to receive allowances or
reimbursements as a judge of the Family Court of Australia, the person is not
entitled to be paid salary or to receive allowances or reimbursements under
this Act except to the extent that the salary and allowances or reimbursements
that would be payable to the person under this Act apart from this section
exceeds the salary and allowances or reimbursements payable to the person as a
judge of the Family Court of Australia;
(b)
while the person is, and the person’s surviving spouse, de facto
partner or children after the person’s death are, entitled to receive a
pension under the Judges’ Pensions Act 1968 of the Commonwealth,
the person is not, and the person’s surviving spouse, de facto
partner or children after the person’s death are not, entitled to
receive a pension under the Judges’ Salaries and Pensions Act 1950
except to the extent that the pension that would be payable to the person, and
the person’s surviving spouse, de facto partner or children after
the person’s death, under that State Act exceeds the pension payable to
the person and the person’s surviving spouse, de facto partner or
children after the person’s death, under that Commonwealth Act;
(c) if,
after ceasing to be a judge of the Family Court of Western Australia, the
person remains a judge of the Family Court of Australia, any pension to which
the person is otherwise entitled under the Judges’
Salaries and Pensions Act 1950 is not payable except to the extent, if
any, that it exceeds the salary payable to the person as a judge of the Family
Court of Australia; and
(d) if,
after ceasing to be a judge of the Family Court of Australia, the person
remains a judge of the Family Court of Western Australia, the salary to which
the person is otherwise entitled under this Act is not payable except to the
extent, if any, that it exceeds any pension payable to the person under the
Judges’ Pensions Act 1968 of the Commonwealth.
[Section 24 amended by No. 28 of 2003
s. 52.]