Commonwealth Numbered Acts

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 125

             (1)  A payment is payable under this section if:

                     (a)  a Judge, or a retired disabled Judge, who has not attained the age of 65 years dies; and

                     (b)  the Judge leaves one or more eligible spouses or eligible children.

Amount

             (2)  The amount of the payment is the amount of the Commonwealth superannuation contribution (if any) the Judge would have been entitled to, under a determination under subsection 119(1), during the period in subsection (3) of this section if:

                     (a)  the Judge had neither died nor retired before the end of that period; and

                     (b)  the amount of the Commonwealth superannuation contribution the Judge was entitled to under that determination did not change during that period.

             (3)  The period in this subsection is the period:

                     (a)  beginning on the day that the Judge died; and

                     (b)  ending on the day that the Judge would have attained the age of 65 years.

Beneficiaries

             (4)  The beneficiaries in respect of the payment are each eligible spouse and eligible child the Judge leaves.

             (5)  If there is only one beneficiary in respect of the payment, the payment is payable to the beneficiary.

             (6)  If there is more than one beneficiary in respect of the payment, the payment is payable to the beneficiaries in the proportions (totalling 100% of the amount of the payment) the Minister considers appropriate, having regard to the respective circumstances of each beneficiary.

Note:          For review of decisions under subsection (6), see subsection (10).

Beneficiaries--eligible children

             (7)  If the payment (or a proportion of the payment) is payable to an eligible child, the Minister may, in writing, direct that:

                     (a)  some or all of the payment or proportion be paid to a specified person for the benefit of the child (including for the support or education 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--some or all of the payment or proportion be spent in a specified manner for the benefit of the child.

Note:          For review of decisions under subsection (7), see subsection (10).

             (8)  The Minister may be requested to give a direction under subsection (7) in respect of an eligible child.

             (9)  On receiving an application, the Minister must:

                     (a)  if the Minister is satisfied that the Minister should make a direction in respect of the child--give such a direction; or

                     (b)  if the Minister is not so satisfied--refuse to give such a direction.

Note:          For review of decisions under paragraph (9)(b), see subsection (10).

Applications for review

           (10)  Applications may be made to the Administrative Appeals Tribunal for review of the following decisions of the Minister:

                     (a)  a decision to determine the proportions of a payment under subsection (6);

                     (b)  a decision to give a direction under subsection (7);

                     (c)  a decision to refuse to give a direction under paragraph (9)(b).