Supreme Court (Judges Long Leave Payments) Act 1980 (NT)

NORTHERN TERRITORY OF AUSTRALIA

SUPREME COURT (JUDGES LONG LEAVE PAYMENTS) ACT 1980

As in force at 1 May 2016

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Short title2 — Commencement3 — Interpretation4 — Payment on retirement or death of Judge5 — Payment6 — Appropriation7 — Set off8 — No payment on removalENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 May 2016

SUPREME COURT (JUDGES LONG LEAVE PAYMENTS) ACT 1980

An Act to provide for long leave payments to Judges

1Short title

This Act may be cited as the Supreme Court (Judges Long Leave Payments) Act 1980.

2Commencement

This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

3Interpretation

• (1)

  In this Act, unless the contrary intention appears:

  acting Judge and additional Judge have the meanings ascribed thereto in the Supreme Court Act 1979.

  Judge means a Supreme Court Judge other than:

  • (a)

    an acting Judge or an additional Judge; or

  • (b)

    a Judge who also holds office as a Judge of a court established by or under a Commonwealth Act.

  judicial salary, in relation to a Judge, means salary at a weekly rate equal to one-fifty-second of the annual rate of salary that was payable to the Judge immediately before his or her retirement or death.

  retirement, in relation to a Judge, means ceasing to be a Judge otherwise than by death.

• (2)

  For the purposes of this Act a period of service by a Judge:

  • (a)

    as an acting Judge; or

  • (b)

    being a period of service as a judge of a court other than the Supreme Court determined by the Administrator to be a period of service as a Judge for the purposes of this Act,

  (whether or not immediately before a period of service as a Judge) shall be added to and deemed to be part of his or her period of service as a Judge.

4Payment on retirement or death of Judge

• (1)

  On:

  • (a)

    the retirement of a Judge after having completed not less than 10 years service as a Judge; or

  • (b)

    the death of a Judge, whether or not he or she has completed 10 years service as a Judge,

  an amount calculated in accordance with subsection (2) is payable in accordance with this Act.

• (2)

  The amount payable under subsection (1) in respect of a Judge is an amount equal to the judicial salary of the Judge for:

  • (a)

    a period of 52 weeks; or

  • (b)

    a period of weeks calculated at the rate of 5.2 weeks for each completed year of his or her service as a Judge, other than any period of such service in respect of which the Judge has taken long leave or has been paid in lieu of such leave,

  whichever is the lesser period.

• (3)

  Where:

  • (a)

    a Judge (not being a Judge to whom subsection (1) applies) is to cease to hold office as a Judge on attaining a particular age, and the Judge ceases to be a Judge on attaining that age; and

  • (b)

    at the time of the Judge’s so ceasing, the period of his or her service as a Judge was not less than 6 years,

  an amount calculated in accordance with subsection (5) is payable in accordance with this Act.

• (4)

  Where:

  • (a)

    a Judge (not being a Judge to whom subsection (1) applies) retires; and

  • (b)

    the Attorney-General certifies under section 4(3) of the Supreme Court (Judges Pensions) Act 1980 that the retirement is due to permanent disability or infirmity,

  an amount calculated in accordance with subsection (5) is payable in accordance with this Act.

• (5)

  The amount payable under subsection (3) or (4) in respect of a Judge is an amount equal to the judicial salary of the Judge for a period of weeks calculated at the rate of 5.2 weeks for each completed year of service as his or her service as a Judge, other than any period of such service in respect of which the Judge has taken long leave or has been paid in lieu of such leave.

5Payment

• (1)

  Subject to subsection (4), an amount payable under section 4 on the retirement of a Judge is payable to the Judge.

• (2)

  Subject to subsection (4), an amount payable under section 4 on the death of a Judge is payable:

  • (a)

    where the Judge leaves a spouse or de facto partner – to that spouse or de facto partner;

  • (b)

    where the Judge does not leave a spouse or de facto partner but leaves a dependant – to that dependant; or

  • (c)

    in any other case – to the legal personal representative of the Judge.

• (3)

  Where an amount is payable under subsection (2)(b) to more than one dependant of a Judge, the Attorney-General may give a direction as to the distribution of the amount between or among those dependants.

• (4)

  Where an amount is payable under this section to a person who is under a legal disability, the Attorney-General may authorize payment of the amount to such trustee as the Attorney-General appoints to be held by that trustee upon such trusts for the benefit of the person as the Attorney-General directs.

6Appropriation

Payments under this Act are to be made from the public moneys of the Territory and the appropriation for that purpose is established or increased to the extent necessary.

7Set off

• (1)

  Where:

  • (a)

    an amount is payable under this Act by reason of the service of a Judge as a Judge; and

  • (b)

    an amount is or becomes payable otherwise than under this Act in respect of the service of that Judge referred to in section 3(2)(b),

  the amount that would, but for this subsection, be payable under this Act in respect of that latter period shall be reduced by the amount that is payable in respect of that period.

• (2)

  In this section, a reference to an amount in respect of service referred to in section 3(2)(b) shall be read as a reference to any amount or allowance paid or payable, whether by virtue of a law or otherwise, out of moneys provided in whole or in part by the Territory, a State, the Commonwealth or another Territory, being an amount or allowance paid or payable by reason of judicial service or judicial service and any other service.

8No payment on removal

Unless the Administrator otherwise directs, an amount is not payable under this Act by reason of the removal of a Judge pursuant to section 40 of the Supreme Court Act 1979.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Supreme Court (Judges Long Leave Payments) Act 1980 (Act No. 51, 1980)
Assent date	4 June 1980
Commenced	2 April 1982 (Gaz G13, 2 April 1982, p 4)
Supreme Court (Judges Long Leave Payments) Amendment Act 1990 (Act No. 53, 1990)
Assent date	15 October 1990
Commenced	15 October 1990
Statute Law Revision Act 1991 (Act No. 31, 1991)
Assent date	25 June 1991
Commenced	25 June 1991
Statute Law Revision Act 1999 (Act No. 27, 1999)
Assent date	18 June 1999
Commenced	18 June 1999
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date	7 January 2004
Commenced	17 March 2004 (Gaz G11, 17 March 2004, p 8)
Financial Management Amendment Act 2009 (Act No. 15, 2009)
Assent date	18 June 2009
Commenced	18 June 2009
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date	6 April 2016
Commenced	1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)

• 3

  SAVINGS AND TRANSITIONAL PROVISIONS

s 80 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)

• 4

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4 and 8.

• 5

  LIST OF AMENDMENTS

s 3                     amd No. 53, 1990, s 4; No. 8, 2016, s 45

s 4                     amd No. 53, 1990, ss 3 and 4; No. 31, 1991, s 14

s 5                     amd No. 53, 1990, s 4; No. 1, 2004, s 62

s 6                     sub No. 27, 1999, s 15

amd No. 15, 2009, s 16