Victorian Current Acts Victorian Current ActsS. 10A(1) amended by No. 23/2008 s. 20, substituted by No. 1/2022 s. 17(1).
(1) The Chief Magistrate and the partner and children of the Chief Magistrate are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions—
(a) in the case of the Chief Magistrate who is or has been a dual commission holder as a Judge of the Supreme Court—as a Judge of the Supreme Court and the partner and children of such a Judge are entitled to pensions under section 83 of the Constitution Act 1975 ; or
(b) in the case of the Chief Magistrate who has been a dual commission holder as a judge of the County Court but has not been a dual commission holder as a Judge of the Supreme Court—as a judge of the County Court (other than the Chief Judge) and the partner and children of such a judge are entitled to pensions under section 14 of the County Court Act 1958 ; or
(c) in the case of the Chief Magistrate who has not been a dual commission holder—as a judge of the County Court (other than the Chief Judge) and the partner and children of such a judge are entitled to pensions under section 14 of the County Court Act 1958 .
Note to s. 10A(1) inserted by No. 29/2015 s. 69, repealed by No. 3/2016 s. 35(1).
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S. 10A(1AA) inserted by No. 1/2022 s. 17(2).
(1AA) Subject to subsections (1AB) and (1C), section 83(6), (6B) and (6C) of the Constitution Act 1975 applies, with any necessary modification, in relation to the recognition of service for the purposes of a pension under this section if the Chief Magistrate is or has been a dual commission holder as a Judge of the Supreme Court.
S. 10A(1AB) inserted by No. 1/2022 s. 17(2).
(1AB) The Chief Magistrate who is a dual commission holder as a Judge of the Supreme Court is taken to not hold the office of Judge of the Supreme Court during the period of being a dual commission holder as Judge of the Supreme Court when counting service in the office of Chief Magistrate.
S. 10A(1A) inserted by No. 3/2016 s. 35(2), amended by No. 1/2022 s. 17(3).
(1A) Subject to subsections (1B) and (1C), section 14(5) of the County Court Act 1958 applies, with any necessary modification, in relation to the recognition of service for the purposes of a pension under this section if the Chief Magistrate has been a dual commission holder as a judge of the County Court or has not been a dual commission holder.
S. 10A(1B) inserted by No. 3/2016 s. 35(2), amended by No. 1/2022 s. 17(4).
(1B) The Chief Magistrate who has been a dual commission holder as a judge of the County Court is taken to not hold the office of judge of the County Court during the period of being a dual commission holder when counting service in the office of Chief Magistrate.
S. 10A(1C) inserted by No. 3/2016 s. 35(2), substituted by No. 1/2022 s. 17(5).
(1C) If the Chief Magistrate—
(a) is or has been a dual commission holder as a Judge of the Supreme Court, the person's service in the office of Chief Magistrate whilst a dual commission holder as a Judge of the Supreme Court, counts for the purposes of this section, as service in the office of Chief Magistrate; or
(b) has been a dual commission holder as a judge of the County Court, and is or has been a dual commission holder as a Judge of the Supreme Court, the person's service in the office of Chief Magistrate whilst a dual commission holder as a judge of the County Court and as a Judge of the Supreme Court counts for the purposes of this section, as service in the office of Chief Magistrate; or
(c) has been a dual commission holder as a judge of the County Court, the person's service in the office of Chief Magistrate whilst a dual commission holder as a judge of the County Court counts for the purposes of this section, as service in the office of Chief Magistrate.
S. 10A(1D) inserted by No. 3/2016 s. 35(2), substituted by No. 1/2022 s. 17(6).
(1D) If the Chief Magistrate resigns the office of Chief Magistrate as a dual commission holder—
(a) as a Judge of the Supreme Court but continues in the office of Judge of the Supreme Court, that person is taken not to have resigned or retired from the office of Chief Magistrate for the purposes of section 83(1), (1A), (1B), (1C) and (1D) of the Constitution Act 1975 as applied by this section; or
(b) as a judge of the County Court but continues in the office of judge of the County Court, that person is taken not to have resigned or retired from the office of Chief Magistrate for the purposes of section 14(2), (2A) and (2B) of the County Court Act 1958 as applied by this section.
S. 10A(1E) inserted by No. 3/2016 s. 35(2).
(1E) In the case of the death of a Chief Magistrate who is a dual commission holder, this section applies.
S. 10A(2) amended by No. 1/2022 s. 17(7).
(2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the County Court Act 1958 or section 83 of the Constitution Act 1975 , as the case requires, are liable to be suspended or determined.
S. 10A(2A) inserted by No. 19/2001 s. 16(1), amended by No. 1/2022 s. 17(8).
(2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the County Court Act 1958 or sections 83AA to 83AI of the Constitution Act 1975 , as the case requires may be commuted and for that purpose sections 14AA to 14AI of the County Court Act 1958 or sections 83AA to 83AI of the Constitution Act 1975 apply with such modifications as are necessary.
S. 10A(3) amended by No. 19/2001 s. 16(2).
(3) Pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.
(4) This section applies in respect of the appointment of a Chief Magistrate made on or after 7 May 1996.
S. 10A(5) inserted by No. 4/2009 s. 37(Sch. 1 item 17).
(5) In this section—
"domestic partner" of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
S. 10A(5) def. of
partner substituted by No. 40/2010 s. 109(1).
"partner" of a person means the person's spouse or domestic partner;
"spouse" of a person means a person to whom the person is, or was at the time of the person's death, married.
S. 10A(6) inserted by No. 4/2009 s. 37(Sch. 1 item 17).
(6) For the purposes of the definition of domestic partner in subsection (5)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 10A(7) inserted by No. 40/2010 s. 109(2).
(7) For the purposes of subsection (1), the definition of partner as substituted by section 109(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of a Chief Magistrate or former Chief Magistrate only if the death of the Chief Magistrate or former Chief Magistrate occurs on or after the commencement of the substituting section.
S. 11 repealed by No. 16/2005 s. 8(2).
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S. 12 amended by No. 16/2005 s. 8(3)(a).