SUPREME COURT ACT 1935 - SECT 11B
SUPREME COURT ACT 1935 - SECT 11B
11B . Master, terms of appointment of
(1) A master —
(a)
subject to the provisions of this section and to the Salaries and Allowances
Act 1975 , is entitled to such conditions of service as are determined by the
Governor from time to time; and
(b) may
hold office as such in conjunction with any other office, appointment, duty or
function which the Governor shall deem not incompatible; and
(c)
except in the performance of the functions or duties of his office or with the
approval of the Governor, shall not engage in legal practice, or be directly
or indirectly concerned in such practice, or engage in any other paid
employment.
(2) Where a master
was, immediately before his appointment as such, an officer of the Public
Service of the State —
(a) he
retains his existing and accruing rights and in particular his rights, if any,
under the Superannuation and Family Benefits Act 1938 4 ; and
(b) for
the purpose of determining those rights, his service as master shall be taken
into account as if it were service in the Public Service of the State; and
(c) he
may continue to be a contributor for the purposes of, as though he were deemed
to be an employee within the meaning of, the Superannuation and Family
Benefits Act 1938 4 notwithstanding his appointment as master under
section 11A.
(3) The provisions of
the Judges’ Salaries and Pensions Act 1950 that relate to pensions and
allowances, other than section 15, apply with such modifications as
circumstances require, to and in respect of a master, and to and in respect of
a surviving spouse, de facto partner or child of a master after the
master’s death, in the same manner as they apply to and in respect of a
judge to whom that Act applies, and to a surviving spouse, de facto partner or
child of such a judge after the judge’s death.
(3a) Where subsection
(2) applies to and in respect of a person so that, under the
Superannuation and Family Benefits Act 1938 4 , a pension is payable to and
in respect of him, the payment of that pension does not affect any pension
that may be payable to and in respect of him under the
Judges’ Salaries and Pensions Act 1950 , but the pension otherwise
payable under that Act to and in respect of him shall be reduced in accordance
with the provisions of that Act by the amount of the State share of the
first-mentioned pension.
[Section 11B inserted: No. 67 of 1979 s. 6;
amended: No. 47 of 1983 s. 4 and 13; No. 82 of 1987 s. 8; No. 37 of 1989 s. 7;
No. 28 of 2003 s. 198; No. 45 of 2004 s. 12; No. 21 of 2008 s. 709(7).]
[ 11C. Deleted: No. 74 of 2004 s. 13.]