Aware Super Regulation 2018 (NSW)

See also—

Statute Law (Miscellaneous Provisions) Bill 2021

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

1Name of Regulation

This Regulation is the Aware Super Regulation 2018.

cl 1: Am 2022 No 29, Sch 2.2[1].

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the First State Superannuation Regulation 2013, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation—

the Act means the Aware Super Act 1992.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2022 No 29, Sch 2.2[2].

4Allowances and payments included as salary and wages(1)

For the purposes of section 4 (1) (a) (iii) of the Act, the following payments are prescribed—

• (a)

  payments for maternity leave,

• (b)

  payments for parental leave other than payments required to be made under the Paid Parental Leave Act 2010 of the Commonwealth,

• (c)

  payments for adoption leave,

• (d)

  weekly workers compensation payments.

(2)

The weekly workers compensation payments to be treated as salary for the purposes of section 4 (1) (a) (iii) of the Act do not include any amount by which the aggregate of—

• (a)

  the weekly workers compensation paid to an injured employee, and

• (b)

  the salary actually paid to that employee while partially incapacitated,

exceeds the salary that the employee would probably have been earning but for the injury (assuming the employee had continued to be employed in the same or some comparable employment).

(3)

For the purposes of section 4 (1) (a) (iv) of the Act, all non-cash employment benefits provided by an employer to an employee that attract compulsory employer superannuation contributions under an industrial award applicable to the employee are prescribed employment benefits.

(4)

In this clause—

weekly workers compensation payments, in relation to an employee, means weekly payments of compensation under the Workers Compensation Act 1987 (or the provisions of the Workers’ Compensation Act 1926 as applied by that Act) payable to the employee because the employee is partially incapacitated for work through injury.

5Exempted employment

The following employment is prescribed for the purposes of section 8 (5) (a) of the Act—

• (a)

  employment as an election official under the Electoral Act 2017, but only if the person’s appointment under that Act is limited to employment at a voting centre (including an early voting centre) for an election conducted under that Act,

• (b)

  employment as an electoral official under the Local Government Act 1993, but only if the person’s appointment under that Act is limited to employment at a polling place or a pre-poll voting office for an election conducted under that Act,

• (c)

  employment in the Public Service to enable the NSW Education Standards Authority to exercise its functions.

6Compulsory employer contributions—salary contribution percentage

For the purposes of section 8 (2A) of the Act, the following periods and percentages are prescribed to replace, or in addition to, those in the table to section 8 (2) of the Act—

Year starting on 1 July 2015	9.5
Year starting on 1 July 2016	9.5
Year starting on 1 July 2017	9.5
Year starting on 1 July 2018	9.5
Year starting on 1 July 2019	9.5
Year starting on 1 July 2020	9.5
Year starting on 1 July 2021	10
Year starting on 1 July 2022	10.5
Year starting on 1 July 2023	11
Year starting on 1 July 2024	11.5
Year starting on or after 1 July 2025	12

7Repeal

The First State Superannuation Regulation 2013 is repealed.

8Savings

Any act, matter or thing that, immediately before the repeal of the First State Superannuation Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

Aware Super Regulation 2018 (470) (formerly First State Superannuation Regulation 2018). LW 24.8.2018. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—

2022 No 29 Treasury Legislation Amendment (Miscellaneous) Act 2022. Assented to 27.6.2022. Date of commencement, 1.7.2022, sec 2.

Table of amendments

Cl 1	Am 2022 No 29, Sch 2.2[1].
Cl 3	Am 2022 No 29, Sch 2.2[2].