Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 41
insert
This Division does not apply to a Judge to whom the Supreme Court (Judges Long Leave Payments) Act 1980 applies.
Note for section 41AA
See section 3A of the Supreme Court (Judges Long Leave Payments) Act 1980 in relation to the application of that Act.
(1) Subject to subsection (2), for this Division a Judge's ordinary remuneration is the remuneration the Judge is entitled to receive for service as a Judge.
(2) If a Judge has worked in a part-time capacity at any time during a period of service to which an entitlement to long service leave relates, the Judge's ordinary remuneration is to be determined on a pro rata basis, based on the hours for which the Judge was remunerated during the period of service.
(1) A Judge is entitled to 3 calendar months of long service leave after completing 10 years of service.
(2) A Judge who has completed 10 years of service is entitled to 9 calendar days of long service leave for each subsequent year of completed service.
(3) A Judge may accrue service in a full-time or part-time capacity or in a combination of those capacities.
(4) A Judge does not accrue service when the Judge is:
(a) on leave without pay; or
(b) absent from work because of an injury for which the Judge is receiving workers' compensation payments.
(1) Long service leave may be granted:
(a) to a Judge, other than the Chief Justice – with the approval of the Chief Justice; and
(b) to the Chief Justice – with the approval of the Attorney-General.
(2) A Judge may, in respect of an entitlement to long service leave, be granted a period of long service leave that is:
(a) equal to the period of the entitlement and paid the Judge's ordinary remuneration during the period of leave; or
(b) twice as long as the period of the entitlement and paid the Judge's ordinary remuneration at half pay during the period of leave; or
(c) at least half as long as the period of the entitlement and paid:
(i) during the period of leave – the Judge's ordinary remuneration; and
(ii) in respect of the remainder of the entitlement – a lump sum that is equal to the Judge's ordinary remuneration that would have been paid to the Judge if the entitlement had been taken as leave.
Example for subsection (2)(c)
A Judge entitled to 3 months of long service leave may elect to take 2 calendar months of long service leave and be paid a lump sum in lieu of taking the third month of the entitlement as long service leave. The Judge is paid the Judge's ordinary remuneration during the 2 month period of leave and a lump sum that is equal to the remuneration the Judge would have been paid during a third month of long service leave.
(3) During a period of leave mentioned in subsection (2)(b), the Judge accrues service and service-based entitlements at half of the ordinary rate of accrual.
Note for subsection (3)
A service-based entitlement may include an entitlement to leave, including recreation or long service leave or an entitlement to a pension under the Supreme Court (Judges Pensions) Act 1980 .
(4) Long service leave may be granted in months and tenths of a month but may not be granted for a period of leave that is less than 7 days.
(5) Weekends, public holidays and other days on which the Judge would not have ordinarily been required to work are part of long service leave and do not extend the period of leave.
(6) A Judge may not be granted periods of long service leave that are separated by a Saturday, Sunday or public holiday.
(1) Subject to subsection (2), a Judge is entitled to payment in lieu of long service leave on cessation of employment as follows:
(a) if the Judge has completed 10 or more years of service – payment in lieu of the Judge's unused entitlement to long service leave at the date of cessation;
(b) if the Judge has completed a total of 9 years of service – payment for 67.5 calendar days of long service leave;
(c) if the Judge has completed a total of 8 years of service – payment for 45 calendar days of long service leave;
(d) if the Judge has completed a total of 7 years of service – payment for 22.5 calendar days of long service leave.
(2) A Judge is not entitled to payment in lieu under subsection (1)(b) to (d) if the Judge is removed from office under section 40(1) on the ground of proved misbehaviour.
(3) If a Judge dies, the Judge's personal representative is entitled to be paid an amount that would have been payable to the Judge under this section.
(4) Payment of an entitlement under this section is to be based on the Judge's ordinary remuneration.