Judicial Appointment (Western Samoa) Act 1980
No. 166 of 1980
An Act relating to the appointment of the Honourable Robert James Baldwin St John as Chief Justice of the Supreme Court of Western Samoa
Contents
1 Short title
2 Commencement
3 Interpretation
4 Acceptance of appointment as Chief Justice of the Supreme Court of Western Samoa
5 Waiver of salary not to affect application of certain Acts
6 Entitlement to pension
Judicial Appointment (Western Samoa) Act 1980
No. 166, 1980
An Act relating to the appointment of the Honourable Robert James Baldwin St John as Chief Justice of the Supreme Court of Western Samoa
[Assented to 10 December 1980]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Judicial Appointment (Western Samoa) Act 1980.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
In this Act, unless the contrary intention appears, Judge means a Judge of the Federal Court of Australia, of the Supreme Court of the Australian Capital Territory, of the Australian Industrial Court or of the Supreme Court of Norfolk Island.
4 Acceptance of appointment as Chief Justice of the Supreme Court of Western Samoa
(1) This section applies to the appointment of the Honourable Robert James Baldwin St John, a Judge of the Federal Court of Australia, of the Supreme Court of the Australian Capital Territory, of the Australian Industrial Court and of the Supreme Court of Norfolk Island, as Chief Justice of the Supreme Court of Western Samoa that took effect in Western Samoa on 7 July 1980.
(2) Approval is given to the acceptance by the Honourable Robert James Baldwin St John of the appointment to which this section applies and that acceptance does not affect, and shall be deemed not to have affected, his office as a Judge.
(3) If, with the approval of the Governor-General, the Honourable Robert James Baldwin St John accepts any extension of the appointment to which this section applies, the acceptance of that extension does not affect his office as a Judge.
(4) Service (whether before or after the commencement of this Act) by the Honourable Robert James Baldwin St John as Chief Justice of the Supreme Court of Western Samoa during any period during which he held or holds office as a Judge shall, for all purposes, count as service in that office.
5 Waiver of salary not to affect application of certain Acts
For the purposes of any application to the Honourable Robert James Baldwin St John of the Judges’ Pensions Act 1968 or the Judges (Long Leave Payments) Act 1979, there shall be disregarded any waiver by him of his entitlement to receive, in respect of the period during which he holds office as Chief Justice of the Supreme Court of Western Samoa, the salary that would from time to time be payable to him as a Judge.
6 Entitlement to pension
For the purposes of the Judges’ Pensions Act 1968, the Honourable Robert James Baldwin St John shall be taken not to have retired so long as he holds office as Chief Justice of the Supreme Court of Western Samoa.
Overview
The Judicial Appointment (Western Samoa) Act 1980, enacted by the Parliament of Australia, addresses the appointment of the Honourable Robert James Baldwin St John as Chief Justice of the Supreme Court of Western Samoa. The Act provides for the legal recognition and continuation of his judicial office despite his concurrent role as Chief Justice. It ensures that any waiver of his salary in Western Samoa does not impact his eligibility for pensions under Australian legislation. Additionally, it maintains his pension entitlements under the Judges’ Pensions Act 1968 by deeming him not to have retired as long as he holds the position in Western Samoa. This Act aims to facilitate a seamless transition for Judge St John between his Australian judicial roles and his new role in Western Samoa, ensuring continuity in his service and benefits.
Scope and Application
The Judicial Appointment (Western Samoa) Act 1980 is a specific piece of legislation enacted to address the appointment of the Honourable Robert James Baldwin St John to the role of Chief Justice of the Supreme Court of Western Samoa. The Act applies directly to the Honourable Robert James Baldwin St John, a judge from any of the specified Australian courts, including the Federal Court of Australia, the Supreme Court of the Australian Capital Territory, the Australian Industrial Court, or the Supreme Court of Norfolk Island. The Act is concerned with the terms and conditions under which this individual accepted and continues to hold the position of Chief Justice in Western Samoa without affecting his status or entitlements as a judge in Australia. The Act also ensures that any salary waivers or other changes in remuneration related to his new position do not impact his eligibility for pensions under Australian law. This legislation has a clear jurisdictional focus, as it pertains to the appointment and duties of an Australian judge within the context of a foreign judicial system. The Act does not extend to other individuals or entities beyond the specified Honourable Robert James Baldwin St John.
Key Provisions
The Judicial Appointment (Western Samoa) Act 1980 (hereafter referred to as the Act) addresses the appointment of the Honourable Robert James Baldwin St John as the Chief Justice of the Supreme Court of Western Samoa. Section 4 of the Act approves the acceptance of this appointment and ensures that it does not affect his existing judicial office. If the Governor-General approves any extension of his appointment, it will also not impact his judicial status. Furthermore, any service he provides as Chief Justice while holding his judicial office counts as service in his judicial role.
Under this Act, several obligations are placed on the Honourable Robert James Baldwin St John and potentially on the relevant authorities. Firstly, Section 4(2) mandates that his acceptance of the appointment does not affect his judicial role, and Section 4(3) stipulates that any extension of his appointment, approved by the Governor-General, similarly does not impact his judicial standing. Additionally, Section 5 ensures that any waiver of his salary as Chief Justice does not affect his eligibility for benefits under the Judges’ Pensions Act 1968 or the Judges (Long Leave Payments) Act 1979. Lastly, Section 6 guarantees that he remains entitled to pension benefits as though he has not retired, so long as he holds the position of Chief Justice.
The Act does not explicitly detail specific offences, penalties, or consequences for breaches. However, it is implied that any actions contrary to the stipulations outlined in Sections 4 and 6 could lead to legal disputes regarding his judicial status, salary waivers, and pension entitlements. While the Act itself does not prescribe penalties, any legal challenges or breaches of the outlined provisions could result in judicial review or other legal consequences as determined by applicable laws.