Western Australian Consolidated Acts

SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 69

69 .         Desertion by male pensioner of wife or child

        (1)         Where a male pensioner deserts his wife, the wife may from time to time apply to any court of competent jurisdiction and on proof of such desertion the court may order the payment, during such period as it thinks desirable, of pension in accordance with the provisions contained in the Sixth Schedule, as if the male pensioner were dead. The Board shall comply with any such order and shall discontinue payment of pension to the pensioner during the period mentioned in the order.

        (2)         Where a pensioner whose spouse is dead or divorced deserts any of his or her children who are dependent on him or her, the guardian of the children or the Board may apply to any court of competent jurisdiction, and, on proof of the desertion the court may order the payment during such period as it thinks desirable of pension in accordance with the provisions contained in Part II of the Sixth Schedule as if the pensioner were dead, and in that event — 

            (a)         the Board shall comply with the order; and

            (b)         the Board shall, unless in the particular circumstances of the case it considers it unreasonable so to do, deduct from the pension paid to the pensioner the increase in children’s allowance which becomes payable pursuant to the order.

        [Section 69 ⁸ amended by No. 75 of 1973 s.23.]