Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the contrary intention appears —
actuary means a Fellow or Accredited Member of The
Institute of Actuaries of Australia;
commencement of the 1987 Act means the day on
which the Judges’ Salaries and Pensions Amendment Act 1987 comes into
operation;
current judicial salary , in relation to a judge
who has retired or died, means salary, including any allowance of an annual
nature, at the rate that —
(a)
would be payable to the judge if he had not retired or died; or
(b) is
determined under subsection (2);
final salary means salary at the rate payable
(whether under this Act or the Salaries and Allowances Act 1975 ) to a judge
immediately prior to his retirement or to his death before retirement, as the
case may be, including any allowance of an annual nature payable to him at
that time;
Index means the Consumer Price Index number (All
Groups Index) for Perth published by the Commonwealth Statistician under the
Census and Statistics Act 1905 of the Commonwealth;
judge means a judge to whom this Act applies;
retirement includes resignation from office;
senior puisne judge means the senior judge of the
Supreme Court who is neither the Chief Justice of Western Australia, the
President of the Court of Appeal nor a judge of appeal;
spouse or de facto partner , in relation to a
judge or former judge who has died means —
(a) the
widow or widower of the judge or former judge; or
(b) a
person who, at the time of the death of the judge or former judge, was a de
facto partner of the judge or former judge.
(2) If a pensionable
office is abolished, the Minister shall, for the purposes of the definition of
“current judicial salary”, determine the rate of salary that shall
apply to the calculation of a pension under this Act.
(3) For the purposes
of a pension under this Act —
(a)
length of service in a pensionable office is the total period of service in
that office and in another pensionable office or other pensionable offices to
the extent that the total period of service in all such offices, whether
before or after the commencement of the 1987 Act, was continuous or the
Minister certifies that it was substantially continuous; and
(b)
prior service —
(i)
as a judge of a court of the Commonwealth or of another
State or a Territory (not being service as a justice of the peace or a
magistrate); or
(ii)
in an office of the Commonwealth or of another State or a
Territory (other than the office of a judge referred to in subparagraph (i)),
the holder of which office qualifies for a pension of the same kind as that
for which a person serving as such a judge qualifies,
is service as a judge.
(4) In subsections (2)
and (3) pensionable office means an office that is pensionable —
(a)
under this Act; or
(b)
under this Act as applied by another written law.
[Section 2 amended: No. 13 of 1973 s. 2; No. 108
of 1975 s. 3; No. 125 of 1976 s. 4; No. 82 of 1987 s. 4; No. 12 of 1989 s. 4;
No. 62 of 1990 s. 4; No. 28 of 2003 s. 94; No. 65 of 2003 s. 99; No. 45 of
2004 s. 35(2).]