Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a pension is payable under this Act to the spouse of a Judge or retired Judge in respect of an eligible child or eligible children:
(a) if the Minister is of opinion that the support and education of the child or any of the children will be best assured by doing so, he or she may direct that the pension, or such portion of the pension as he or she thinks fit, be paid to a specified person in respect of the child; or
(b) if the Minister is satisfied that, by reason of special circumstances, it is desirable to do so in the interests of the child or of any of the children, he or she may direct that the pension, or such portion of the pension as he or she thinks fit, be expended in a specified manner for the benefit of the child.
(2) The power of the Minister under subsection (1) to direct payment of a pension, or of a portion of a pension, to a specified person applies only where the child concerned is not living with the spouse.
(3) Application may be made to the Minister for the giving of a direction under subsection (1) in respect of an eligible child and, upon receipt of such an application, the Minister shall:
(a) if he or she is satisfied that he or she should give a direction in respect of the child--give such a direction; or
(b) if he or she is not so satisfied--refuse to give such a direction.
(4) A direction under this section shall be in writing.