Judges’ Pensions Act 1968
No. 151, 1968
Compilation No. 37
Compilation date: 1 July 2026
Includes amendments: Act No. 57, 2025
About this compilation
This compilation
This is a compilation of the Judges’ Pensions Act 1968 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Repeal
4 Interpretation
4AA Meaning of eligible child
4AB Marital or couple relationship
4AC Spouse who survives a deceased Judge
4AD Qualifying service days
4A Certain absences to be included in service
4B Consecutive appointments
5 Service in more than one judicial office
Part 2—Benefits
6 Pensions of Judges
6A Rate of pension—Judge’s surcharge debt account not in debit
6B Rate of pension—Judge’s surcharge debt account in debit
6C Commuting superannuation surcharge debt
7 Pension to spouse on death of Judge
8 Pension to spouse on death of retired Judge
8A Restoration of pension entitlement if lost due to remarriage
8B Notification of decision
9 Pension in respect of children on death of Judge
10 Pension in respect of children on death of retired Judge
11 Pension in respect of children on death of spouse
12 Pension in respect of children on death of Judge or retired Judge when spouse’s pension not payable
12A Benefit payable where Judge ceases to hold office or dies on or after 1 July 2006
13 Payment of orphans’ pensions
14 Payment of pensions
15 Special…
Overview
The Judges’ Pensions Act 1968, enacted by the Australian Parliament, was introduced to provide a structured pension scheme for federal judges, ensuring they receive a pension upon retirement or incapacitation. This Act replaced earlier statutes and consolidated pension provisions for federal judges, including those from territories and Papua New Guinea. The legislation outlines the eligibility criteria for pensions, the calculation of pension rates based on service and age, and provisions for spousal and child pensions. It also includes mechanisms for adjusting pensions due to changes in tax laws and addresses issues related to superannuation splitting under family law. The Act ensures that judges receive fair and equitable pensions, reflecting their service and the financial circumstances of their families.
Scope and Application
The Judges' Pensions Act 1968 is a Commonwealth Act that governs the pension and related benefits for judges, former judges, and their families. This Act applies to judges of federal courts and certain other judicial officers who have served in a judicial capacity, including those from the Australian Capital Territory and Papua New Guinea. The Act outlines the eligibility criteria, the calculation, and the payment of pensions for judges who retire or die, including provisions for pensions for spouses and children. It also addresses the impact of family law superannuation splitting on pension entitlements. The Act extends to include judges who retired or died before its enactment, under certain conditions. Certain exclusions and exemptions apply, such as the inapplicability of pensions for judges removed under constitutional provisions. The Act is administered by the Secretary of the Department, who may make regulations necessary for its implementation, and it provides for the review of decisions by the Administrative Review Tribunal. The Act’s provisions are subject to amendment by subordinate instruments, which can modify or clarify existing provisions without altering the original text of the Act.
Key Provisions
- The Judges’ Pensions Act 1968 outlines the provisions for pensions and benefits for judges and their families. The Act defines who qualifies as a judge, outlines the pension rates and conditions, and specifies the benefits payable to spouses and children of judges in the event of the judge's death or retirement. Pension eligibility is based on age and length of service, with different rates for judges whose surcharge debt accounts are in debit or not in debit. The Act also provides for benefits to be paid to spouses and children, with different rates based on the number of eligible children. There are specific provisions for judges who cease to hold office or die on or after 1 July 2006. The Act imposes obligations on judges to provide information and make applications for certain benefits, and it imposes penalties for non-compliance. The Act also provides for the review of certain decisions by the Minister, and it outlines the process for making regulations under the Act. The Act applies to judges who retired or died before its commencement, in the same manner as it applies to judges who retire or die on or after its commencement. Breaches of the Act may result in civil or criminal penalties, depending on the nature and severity of the breach.
- Area of Law
- Pension Law
- Family Law
- Retirement Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Repeal & Amendment
- Transitional Provisions
- Offence Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Rights & Protections
