The Secretary, Home and Territories Department, has asked for advice as to whether the provisions of the Superannuation Act apply to the Judge of the Northern Territory appointed under Ordinance No. 4. of 1912.

Section 2 of the Ordinance in question provides inter alia that:

The Judge of the Northern Territory shall be appointed by the Governor-General by commission, and sha". hold office during good behaviour until he attains the age provided by law for the ^retirement of officers in the public service of the Northern Territory, unless he is sooner removed from office by the Governor-General on the ground of misbehaviour or incapacity.⁽¹⁾

'Employee' is denned in section^ of the Superannuation Act 1922 as follows:

'Employee' means a person employed in a permanent capacity by the Commonwealth, who is by the terms of his employment required to give his whole time to the duties of his employment, but does not include a Justice of the High Court or a Judge of any other Court created by the Parliament.

The Supreme Court of the Northern Territory is created under Ordinances made by the Governor-General under the Northern Territory (Administration) Act 1910 but is not in my opinion a Court created by the Parliament within the meaning of the Superannuation Act 1922.

Having regard to this fact and to the terms of his appointment I am of opinion that the Judge of the Northern Territory is an employee within the meaning of the Superannuation Act 1922.

[Vol. 19, p. 261]

(1)Inserted into the Supreme Court Ordinance 1911 as a new sub-section (1) of section 8 thereof by section 2 of Ordinance No 4 of 1912, that is the Supreme Court Ordinance 1912.