The Law Council of Australia is calling on the Federal Government to address judges’ pension laws, which it says has the potential to discriminate against the former spouses of judicial officers.
The operation of the Judges’ Pension Act in divorce proceedings is inconsistent with the Sex Discrimination Act, according to Law Council president, John Corcoran.
“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,” Corcoran said.
While the Law Council believes that very few superannuation schemes operate in this manner, those that do should be closely examined, it said in a statement.
“In general, we believe any superannuation schemes that have the potential to discriminate against either party must be closely examined and the problem urgently addressed,” Corcoran said.
