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Judges—€™ Pensions Amendment (Pension Not Payable for Misconduct) 2020

✦ Plain-English Summary

# Judges' Pensions Amendment (Pension Not Payable for Misconduct) Bill 2020 ## What it does This bill lets Parliament strip a retired judge's pension if both the Senate and House of Representatives agree the judge engaged in serious misconduct while on the bench. Once Parliament passes this resolution, the pension stops the very next day. ## Why it matters Currently, retired judges keep their pensions no matter what they've done after leaving office. This change creates an actual consequence for serious misbehaviour, giving Parliament a tool to hold judges accountable without needing to go through lengthy court processes. ## Key details - **How it works**: Both houses of Parliament must pass the same resolution in the same session calling for the pension to stop — it's not automatic, and it requires parliamentary agreement - **What triggers it**: Only "serious misconduct" counts; the bill doesn't define this in detail, leaving Parliament to judge on a case-by-case basis - **Timing**: The bill takes effect the day after it receives Royal Assent, and pension payments stop the day after a cessation resolution is passed

Official Description

Amends the Judges' Pensions Act 1968 to cease the payment of a retired judge's pension where they have engaged in serious misconduct while serving as a judge.

Committee Referrals

Senate Standing Committee for the Scrutiny of Bills; Senate Legal and Constitutional Affairs Legislation Committee

Full bill PDF →APH page →

Audit History

Introduced

6 Oct 2020

Last updated on APH

10 Apr 2026

Last checked by Crossbench

yesterday

Full text indexed

yesterday

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