Director of Public Prosecutions (Pension Entitlements) Amendment Act 2019 (SA)

South Australia

Director of Public Prosecutions (Pension Entitlements) Amendment Act 2019

An Act to amend the Director of Public Prosecutions Act 1991.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Director of Public Prosecutions (Pension Entitlements) Amendment Act 2019.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Director of Public Prosecutions Act 19913Insertion of section 4A

After section 4 insert:

4A—Pension entitlements

1. (1)

   This section applies if a person who is or has been—

   1. (a)

      a Judge as defined in the Judges' Pensions Act 1971; or

   2. (b)

      the holder of any other office that is treated as if it were judicial service for the purposes of the Judges' Pensions Act 1971,

is appointed as the Director.

1. (2)

   The Governor may, by instrument in writing made at the time the person is appointed to be the Director, apply the Judges' Pensions Act 1971 to or in relation to the Director as if the Director were a Judge as defined in that Act and service as the Director were judicial service as defined in that Act (or a continuation of any period of service that is, or is treated as if it were, such judicial service).

2. (3)

   The instrument may—

   1. (a)

      impose conditions on the application of the Judges' Pensions Act 1971 (including a condition that the Act will only apply if the person is made a Judge following the person's term of office as the Director); and

   2. (b)

      apply the Judges' Pensions Act 1971 subject to any modifications specified in the instrument.

3. (4)

   Notwithstanding anything in this section, unless the Governor otherwise directs, no pension is to be payable under the Judges' Pensions Act 1971 if the appointment of the Director is terminated under section 4(8).

4. (5)

   If, pursuant to an instrument under this section, the Judges' Pensions Act 1971 has applied to a person who is or has been Director and that person is subsequently appointed as a Judge as defined in the Judges' Pensions Act 1971, that Act will apply to and in relation to that person as if—

   1. (a)

      service by that person as the Director were judicial service as defined in that Act; and

   2. (b)

      section 5 of that Act had not been enacted.

5. (6)

   If a person referred to in subsection (5) was, immediately before being appointed as a Judge, in receipt of a pension under the Judges' Pensions Act 1971, that pension ceases on the appointment as a Judge.

6. (7)

   If, pursuant to an instrument under this section, the Judges' Pensions Act 1971 is to apply to a person appointed as the Director and the person was, immediately before being appointed as the Director, in receipt of a pension under that Act, that pension ceases on the appointment as Director.