New South Wales Consolidated Acts

JUDICIAL OFFICERS ACT 1986 - SECT 44

44 Retirement of judicial officers

(1) Subject to this section, a judicial officer shall retire on reaching the age of 75 years, unless granted retiring leave, in which case the officer shall retire at the end of that leave.

(2) A member of the Industrial Relations Commission shall retire on reaching the age of 65 years, unless granted retiring leave, in which case the member shall retire at the end of that leave. However, if the person is duly appointed under the Industrial Relations Act 1996 as such a member after that age, the member shall retire at the end of the further period or periods of appointment.

(3) A Magistrate shall retire on reaching the age of 75 years.

(5) Nothing in this section affects the operation, with respect to the retirement of judicial officers, of any provision of any other Act.

Note : This section provided for a maximum retirement age for judicial officers (including Magistrates) of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018 .
This section, as amended, has increased the maximum retirement age for judicial officers (including Magistrates) to 75 years. Clause 9 of Schedule 6 provides that the new retirement age does not apply to judicial officers (including Magistrates) holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902 . The retirement age of 72 years continues to apply to judicial officers (including Magistrates) who do not consent to the increased retirement age applying to them.