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19 Torrens St Braddon
ACT 1612 || GPO Box 1989
Canberra ACT 2601
Telephone +61 2 6246 3788
Facsimilie +61 2 6248 0639
MR3109
15 October 2009
Address Judges’ Pension Laws to Avoid
Potential Discrimination
The Law Council of Australia is concerned that current laws regarding
judges’ pensions have the potential to discriminate against the former
spouses of judicial officers.
Law Council President John Corcoran
said, “The operation of the
Judges’ Pension Act in divorce proceedings is inconsistent with the Sex
Discrimination Act
and, according to Sex Discrimination Commissioner
Elizabeth Broderick, may also violate the United Nations’ Convention on
Elimination of Discrimination against Women.”
“What the Act means for the ex-spouse of a judge does not accord with
modern conceptions of superannuation law. Under the current
legislation, the spouse of a former judicial officer is
only entitled to a
percentage of the member’s actual pension payments, rather than their
own separate fund over which they have control,” Mr Corcoran said.
This has a number of negative implications for the former spouse of a
judicial officer.
“The Law Council understands that very few superannuation schemes
continue to operate in this manner,” Mr Corcoran said.
“In general, we believe that any superannuation schemes that have the
potential to discriminate against either party
must be closely examined
and the problem urgently addressed,” he said.
“The Law Council is calling on the Federal Government to address this
problem in a timely manner,” Mr Corcoran concluded.
Media Contact:
Elenore Eriksson, Director Public Affairs
P. 02 6246 3716 || M. 0419 269 855
The Law Council of Australia exists to represent the legal
profession at the national level, to speak on behalf of its
constituent bodies on national issues, and to promote the
administration of justice, access to justice and general
improvement of the law.
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