NSW judges lose retirement age appeal

The NSW government has reportedly rejected a request for judges to continue working until they are 75 years old.

The state’s judiciary had been prosecuting a behind-the-scenes case to raise the mandatory retirement age from 72, according to News Ltd.

But NSW Attorney-General Greg Smith ruled against the request after being advised that younger judges may hold “more contemporary social attitudes”.

The advice was from Justice Department policy officer Julia Carland.

She noted that while experience within the judiciary may be good in principle, there were benefits from the existing arrangements.

“Retaining the existing age of retirement will maintain the current rate of renewal within the judiciary,” Ms Carland wrote.

Maintaining the status quo would also provide “courts with the opportunity to benefit (from) fresh ideas, more contemporary social attitudes and a mix of skills outside the law”, she added.

The Daily Telegraph published excerpts of her advice – written last October – after obtaining copies using freedom of information laws.

Mr Smith did not comment on the Telegraph’s report but confirmed he supports the existing arrangements.

The mandatory age of retirement for judges in many countries and some other Australian states is 70.

Lifting it to 75 would have made NSW judges among the oldest in the world.

The Telegraph said seniors groups labelled the decision “discriminatory”.

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