Western Australian Current Acts Western Australian Current Acts A person may, at the
same time, be a judge of the Family Court of Australia and a judge of the
Family Court of Western Australia but —
(a)
while the person is entitled to be paid salary and to receive allowances or
reimbursements as a judge of the Family Court of Australia, the person is not
entitled to be paid salary or to receive allowances or reimbursements under
this Act except to the extent that the salary and allowances or reimbursements
that would be payable to the person under this Act apart from this section
exceeds the salary and allowances or reimbursements payable to the person as a
judge of the Family Court of Australia; and
(b)
while the person is, and the person’s surviving spouse, de facto partner
or children after the person’s death are, entitled to receive a pension
under the Judges’ Pensions Act 1968 of the Commonwealth, the person is
not, and the person’s surviving spouse, de facto partner or children
after the person’s death are not, entitled to receive a pension under
the Judges’ Salaries and Pensions Act 1950 except to the extent that
the pension that would be payable to the person, and the person’s
surviving spouse, de facto partner or children after the person’s death,
under that State Act exceeds the pension payable to the person and the
person’s surviving spouse, de facto partner or children after the
person’s death, under that Commonwealth Act; and
(c) if,
after ceasing to be a judge of the Family Court of Western Australia, the
person remains a judge of the Family Court of Australia, any pension to which
the person is otherwise entitled under the Judges’ Salaries and
Pensions Act 1950 is not payable except to the extent, if any, that it exceeds
the salary payable to the person as a judge of the Family Court of Australia;
and
(d) if,
after ceasing to be a judge of the Family Court of Australia, the person
remains a judge of the Family Court of Western Australia, the salary to which
the person is otherwise entitled under this Act is not payable except to the
extent, if any, that it exceeds any pension payable to the person under the
Judges’ Pensions Act 1968 of the Commonwealth.
[Section 24 amended: No. 28 of 2003 s. 52.]