Victorian Numbered Acts

CONSTITUTION AMENDMENT (JUDICIAL PENSIONS) ACT 2008 (NO. 23 OF 2008) - SECT 6

    (1)     Insert the following heading to section 83 of the Constitution Act 1975 —

" As to pensions of Judges of the Supreme Court and their partners and children ".

    (2)     In section 83 of the Constitution Act 1975 —

        (a)     in subsections (2), (2B) and (7) for "spouse" (wherever occurring) substitute "partner";

        (b)     in subsection (2) for "remarriage" substitute "marriage or until the partner becomes the domestic partner of another person".

    (3)     For section 83(3) of the Constitution Act 1975 substitute —

    "(3)     Notwithstanding subsection (2), no pension is payable to the partner of any former Judge in any case where that partner married or became the domestic partner of the former Judge after that Judge's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Judge immediately prior to that Judge's resignation or retirement.".

    (4)     In sections 83AA, 83AB, 83AC, 83AD, 83AE, 83AF, 83AG, 83AH and 83AI of the Constitution Act 1975 for "spouse" (wherever occurring) substitute "partner".

    (5)     In sections 83AD(2), 83AG(2) and 83AI(3) of the Constitution Act 1975 for "spouse's" (wherever occurring) substitute "partner's".

    (6)     In the headings to sections 83AG, 83AH and 83AI of the Constitution Act 1975 for " spouses " (wherever occurring) substitute " partners ".