Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Judges' Pensions Amendment Bill 2007

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

5300-revised 2

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

Judges’ Pensions Amendment Bill 2007

 

(1)     Schedule 1, page 3 (after line 4), before item 1, insert:

1AA  Subsection 4(1)

Repeal the definition of child of marital relationship .

[definition]

(2)     Schedule 1, page 3 (after line 6), item 1, before the definition of salary , insert:

de facto relationship means:

                     (a)  the relationship between two people living together as a couple on a genuine domestic basis;

                     (b)  in determining whether two people are in a de facto relationship, all the circumstances of the relationship must be taken into account, including any of the following:

                              (i)  the length of their relationship;

                             (ii)  how long and under what circumstances they have lived together;

                            (iii)  whether there is a sexual relationship between them;

                            (iv)  their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;

                             (v)  the ownership, use and acquisition of their property, including any property that they own individually;

                            (vi)  their degree of mutual commitment to a shared life;

                           (vii)  whether they mutually care for and support children;

                          (viii)  the performance of household duties;

                            (ix)  the reputation, and public aspects, of the relationship between them;

                             (x)  the existence of a statutory declaration signed by both persons stating that they regard themselves to be in a de facto relationship with the other person;

                     (c)  no one factor, or any combination of factors, under paragraph (b) or (f) is necessary to establish a de facto relationship;

                     (d)  a de facto relationship may be between two people, irrespective of gender;

                     (e)  two people may still be in a de facto relationship if they are living apart from each other on a temporary basis;

                      (f)  if a relationship is registered under a state or territory law allowing for the registration of relationships, registration is proof of the relationship from that date.

[definition]

(3)     Schedule 1, page 3 (after line 15), after item 1, insert:

1A  Section 4AC

Repeal the heading, substitute:

4AC  Spouse or de facto partner who survives a deceased judge

1B  After subsection 4AC(2)

Insert:

          (2A)  For the purposes of this Act, a person is a de facto partner who survives a deceased Judge if:

                     (a)  the person had a de facto relationship with the deceased Judge at the time of the death of the deceased Judge ( the death ); and

                     (b)  in the case of a deceased Judge who was a retired Judge at the time of the death:

                              (i)  the de facto relationship began before the retired Judge became a retired Judge; or

                             (ii)  the de facto relationship began after the retired Judge became a retired Judge but before the retired Judge reached 60; or

                            (iii)  in the case of neither subparagraph (i) nor (ii) applying—the de facto relationship had continued for a period of at least 5 years up to the time of the death.

1C  After subsection 4AC(3)

Insert:

          (3A)  In spite of subsection (2A), a person is taken to be a de facto partner who survives a deceased Judge if:

                     (a)  the person previously had a de facto relationship with the deceased Judge; and

                     (b)  in the case of a de facto relationship that began after the deceased person became a retired Judge and reached 60—the relationship began at least 5 years before the deceased person’s death; and

                     (c)  in the Attorney-General’s opinion, the person was wholly or substantially dependent upon the deceased Judge at the time of the death.

1D  Section 7

Repeal the heading, substitute:

7  Pension to spouse or de facto partner on death of Judge

1E  Section 7

After “spouse” (wherever occurring), insert “or de facto partner”.

1F  Section 8

Repeal the heading, substitute:

8  Pension to spouse or de facto partner on death of retired Judge

1G  Section 8

After “spouse” (wherever occurring), insert “or de facto partner”.

1H  Subsection 9(1)

After “spouse” (wherever occurring), insert “or de facto partner”.

1I  Subsection 10(1)

After “spouse” (wherever occurring), insert “or de facto partner”.

1J  Section 11

Repeal the heading, substitute:

11  Pension in respect of children on death of spouse or de facto partner

1K  Subsection 11(1)

After “spouse” (wherever occurring), insert “or de facto partner”.

1L  Section 12

Repeal the heading, substitute:

12  Pension in respect of children on death of Judge or retired Judge when spouse’s or de facto partner’s pension not payable

1M  Subsection 12(1)

After “spouse” (wherever occurring), insert “or de facto partner”.

1N  Section 12A

After “spouse” (wherever occurring), insert “or de facto partner”.

1O  Section 15

After “spouse” (wherever occurring), insert “or de facto partner”

1P  Section 15A

Repeal the heading, substitute:

15A  Allocation of pension if a deceased Judge or retired Judge is survived by more than one spouse or de facto partner

1Q  Section 15A

After “spouse” (wherever occurring), insert “or de facto partner”.

1R  Section 15A

After “spouses” (wherever occurring), insert “or de facto partners”.

[extension of entitlement to de facto partners]