Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 238E

238E Pension if appointment ends because of ill health

(1) The Judges Pensions Act , section 5 applies to a former chairperson if—

(a) the former chairperson resigned the office as the chairperson and both of the following apply—

(i) a specialist health practitioner certifies to the Minister that the former chairperson’s resignation is because of permanent disability or infirmity;

(ii) the Minister is satisfied the former chairperson’s resignation is because of permanent disability or infirmity; or

(b) the former chairperson’s appointment as chairperson was terminated under section 236 (1) because of a proved incapacity to perform the duties of office.

(2) However, the annual pension to which the former chairperson is entitled is an annual pension—

(a) at a rate equal to 6% of the prescribed salary for each year of the period consisting of—

(i) the period for which the former chairperson held office as the chairperson; and

(ii) the period for which the former chairperson could have held office as the chairperson under the former chairperson’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the former chairperson had not resigned, or had his or her appointment terminated, as mentioned in subsection (1) ; but

Example for paragraph (a)—

A person is appointed as the chairperson for a term of 3 years with an option to renew the appointment for a further term of 2 years. The person resigns from the office after 21/2 years because of a permanent disability or infirmity. The annual pension under paragraph (a) is 30% of the prescribed salary, which is worked out by applying a rate of 6% of the prescribed salary for each year of the 5-year period (being the total of the 21/2 years the person held office as the chairperson and the 21/2 years the person could have held the office as the chairperson if the person had not resigned because of a permanent disability or infirmity).

(b) up to a maximum of 60% of the prescribed salary.

(3) Also, a former chairperson is entitled to an annual pension as set out in this section only if the period mentioned in subsection (2) (a) is at least 5 years.

(4) In this section—

"specialist health practitioner" see the Health Practitioner Regulation National Law (Queensland) , section 5 .