Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988

Administered by Department of Finance

Legislation au F1996B00183 Regulations In force Legislative Instrument

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Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988

Statutory Rules 1988 No. 266 as amended

made under the

Superannuation (Productivity Benefit) Act 1988

This compilation was prepared on 1 October 2005
taking into account amendments up to SLI 2005 No. 207

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Classes of persons for determining qualifying service 

Notes   

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988.

2 Classes of persons for determining qualifying service

  For the purposes of paragraph 5 (2) (b) of the Superannuation (Productivity Benefit) Act 1988, each of the following classes of persons is prescribed:

 (a) persons employed on a relief basis by Aboriginal Hostels Limited (a company incorporated in the Australian Capital Territory) including persons employed:

 (i) to perform the functions of hostel managers and assistant hostel managers;

 (ii) as nurses; and

 (iii) to perform duties in relation to catering, cleaning and security;

 (b) persons employed in the Department of the Arts, Sport, the Environment, Tourism and Territories, in connection with the administration of the Australian Capital Territory, as:

 (i) Administrative Services Officers Class 1 (Assistants and Attendants) at community facilities; or

 (ii) Community Service Order Officers;

 (c) persons employed by the Australian Capital Territory Health Authority on a casual on-call basis;

 (d) persons employed by the A.C.T. Institute of Technical and Further Education other than on a full-time basis;

 (e) persons employed by the Australian Capital Territory Schools Authority on a relief basis as:

 (i) teachers; or

 (ii) school assistants to perform clerical functions;

 (f) persons employed in the Attorney-General’s Department:

 (i) as Casual Court Reporting Typists;

 (ii) as Casual Reporters; or

 (iii) on a part-time basis as attendants in a court or tribunal;

 (g) persons engaged by the Statistician under the Statistics Regulations to conduct interviews and perform other related functions to assist the Statistician in the collection of statistical information;

 (h) persons employed by the Australian Broadcasting Corporation on a part-time basis under:

 (i) the ABC General Order 12/D/1, Clause 14 of Journalists (ABC News) Award 1984; or

 (ii) the ABC General Order 12/D/1, Clause 14 of Musicians (ABC) Award 1985;

 (i) persons employed by the Australian Institute of Criminology on a temporary basis to provide research assistance to a particular employee or employees;

 (j) persons employed by the Australian Institute of Family Studies as specialist assistants;

 (k) persons employed by the Australian Maritime College on a temporary basis to perform academic or general functions;

 (l) persons employed by the Australian National Railways Commission on a full-time basis to carry out track maintenance or train operations or both;

 (m) persons employed in the Australian Taxation Office:

 (i) on a seasonal basis as Administrative Services Officers (Class 1) to perform general clerical functions or data entry functions or both; or

 (ii) on a relief basis as tea attendants;

 (n) persons employed by the Australian Telecommunications Commission as manual assistants;

 (o) persons employed on a part-time, temporary or fixed-term basis in connection with the performance of the functions and duties, and the excercise of the powers, of the Australian Trade Commission;

 (p) persons employed by the Canberra Institute of the Arts on a part-time, semester-by-semester basis as teachers;

 (q) persons employed in the Department of Finance on a relief basis as tea attendants;

 (r) persons employed in the Department of Immigration, Local Government and Ethnic Affairs on a relief basis as telephone interpreters for the Telephone Interpreter Service;

 (s) persons employed in the Department of the House of Representatives during Parliamentary sittings:

 (i) as Parliamentary Officers (Administrative Service Officers, Class 1 or 2) to perform keyboard work;

 (ii) as Parliamentary Security Attendants; or

 (iii) as casual keyboard staff;

 (t) persons employed in the Department of the Prime Minister and Cabinet during Parliamentary sittings to perform clerical and keyboard work for Parliamentary Liaison Officers;

 (u) persons employed in the Department of the Senate:

 (i) on a full-time or relief basis, during Parliamentary sittings, as Parliamentary Security Attendants, Grade 1; or

 (ii) on a full-time basis, during Parliament sittings, to assist Parliamentary committees;

 (v) persons employed in the Department of Transport and Communications on a relief basis:

 (i) as seagoing ships’ crew; or

 (ii) as lighthouse keepers;

 (w) persons employed by the Health Insurance Commission on a regular relief basis;

 (x) persons employed in the High Court of Australia:

 (i) while the Court is in session, as Court Reporting Typists; or

 (ii) as casual attendants;

 (y) persons appointed as Associate Commissioners of the Productivity Commission on a temporary, part-time basis;

 (z) persons employed in the Joint House Department:

 (i) during Parliamentary sittings as catering assistants or catering tradespersons; or

 (ii) on a part-time basis as guides;

 (za) persons employed by the Law Reform Commission on a part-time, relief basis as word processors;

 (zb) persons employed by the Special Broadcasting Service as:

 (i) editors, subtitlers or translators;

 (ii) Journalists, Grade A, B or A1;

 (iii) Broadcasters, Class 1, 2 or 3;

 (iv) Operational Officers, Grade 1, 2, 3 or 4;

 (v) Technical Officers, Grade 1 or 2;

 (vi) Senior Technical Officers, Grade 1, 2 or 3; or

 (vii) Administrative Service Officers;

 (zc) persons employed in the Office of the Supervising Scientist for the Alligator Rivers Region on a temporary basis to undertake routine laboratory, field and administrative duties;

 (zd) persons employed in the Department of Defence on a casual basis as:

 (i) bar attendants; or

 (ii) butchers; or

 (iii) catering attendants; or

 (iv) cleaners employed under the Naval Defence Act 1910; or

 (v) cleaners, general duties; or

 (vi) cooks; or

 (vii) head cooks; or

 (viii) gardeners; or

 (ix) gardener’s labourers; or

 (x) labourers; or

 (xi) assistant printers; or

 (xii) security officers; or

 (xiii) storemen; or

 (xiv) stores assistants;

 (ze) persons employed in Medicare Australia on a regular relief basis.

 

Notes to the Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988

Note 1

The Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988 (in force under the Superannuation (Productivity Benefit) Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 266 is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1988 No. 266

4 Nov 1988

4 Nov 1988

 

1989 No. 181

6 July 1989

6 July 1989

1990 No. 43

27 Feb 1990

27 Feb 1990

1998 No. 114

27 May 1998

27 May 1998

R. 4 [see Table A]

2005 No. 207 (a)

19 Sept 2005 (see F2005L02673)

1 Oct 2005 (see r. 2)

(a) Select Legislative Instrument 2005 No. 207 was made under the Civil Aviation Act 1988, the Commonwealth Authorities and Companies Act 1997, the Customs Administration Act 1985, the Family Law Act 1975, the Financial Management and Accountability Act 1997, the Financial Transaction Reports Act 1988, the Freedom of Information Act 1982, the Health Insurance Act 1973, the Health Insurance Commission Act 1973, the Income Tax Assessment Act 1997, the Lands Acquisition Act 1989, the Maternity Leave (Commonwealth Employees) Act 1973, the Medical Indemnity Act 2002, the National Health Act 1953, the Ombudsman Act 1976, the Privacy Act 1988, the Proceeds of Crime Act 1987, the Public Works Committee Act 1969 and the Superannuation (Productivity Benefit) Act 1988.

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2005 No. 207

R. 2.................

am. 1989 No. 181; 1990 No. 43; 1998 No. 114; 2005
No. 207

Table A Application, saving or transitional provisions

Statutory Rules 1998 No. 114

4 Application of amendment

 4.1 The amendment made by subregulation 3.2 has effect from the commencement of the Productivity Commission Act 1998.

 

 

Overview

The Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988, made under the Superannuation (Productivity Benefit) Act 1988, address the issue of determining qualifying service for superannuation benefits for specific classes of employees. The regulations prescribe classes of persons employed under various arrangements such as relief, casual, temporary, or part-time basis in different government departments and institutions. These regulations were enacted to ensure that employees with non-continuous service are considered for superannuation benefits, thereby addressing gaps in superannuation coverage for these employees. The enactment of these regulations by the Parliament aims to provide a fair and inclusive framework for superannuation benefits, ensuring that all eligible employees receive the benefits they are entitled to despite their employment arrangements.

Scope and Application

The Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988 apply to a wide range of persons employed in various capacities within the Australian Capital Territory, as well as within specific departments and entities of the Commonwealth government. These include, but are not limited to, employees of Aboriginal Hostels Limited, the Australian Broadcasting Corporation, the Australian Capital Territory Schools Authority, the Australian Taxation Office, the Department of Defence, the Department of Finance, and the Productivity Commission. The regulations prescribe classes of persons for determining qualifying service under the Superannuation (Productivity Benefit) Act 1988, encompassing employees engaged on a relief, casual, temporary, part-time, or full-time basis across numerous roles and functions. The geographic scope of these regulations is confined to the Australian Capital Territory and the national entities mentioned. There are no specific exclusions or exemptions outlined in the regulations themselves, though the scope of applicability is limited to the prescribed classes of persons and their specific employment conditions as detailed. The application and effect of these regulations can be further extended or modified through subordinate instruments, as evidenced by the amendments made under various legislative acts as noted in the tables of instruments and amendments.

Key Provisions

The Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988, made under the Superannuation (Productivity Benefit) Act 1988, prescribe specific classes of persons to determine qualifying service for superannuation benefits. These classes encompass various employment arrangements, including relief, casual, temporary, and part-time roles across numerous government departments and agencies, as well as entities such as the Australian Broadcasting Corporation and the Australian National Railways Commission (sections 2(a)-(ze)). The primary function of these regulations is to provide clarity and specificity regarding which employees are eligible for superannuation benefits based on their employment status and the nature of their roles. The Act imposes specific obligations on these regulated entities and individuals, particularly those defined in the classes outlined in section 2. Employers and employing authorities must ensure that the employment conditions of these workers are accurately documented and that they are aware of their rights and entitlements concerning superannuation benefits. This includes maintaining proper records and providing necessary information to relevant authorities to ascertain eligibility for superannuation benefits. The Act also requires these entities to adhere to the stipulated classifications and ensure that their employment practices align with the prescribed categories. Failure to comply with the requirements of these regulations can lead to legal consequences. While the specific penalties for non-compliance are not detailed in the text, breaches of superannuation regulations can generally result in financial penalties, corrective actions, and potential legal proceedings. Employers found to be in violation may be required to rectify their practices, compensate affected employees, and could face additional scrutiny from regulatory bodies. The severity of the penalties can vary based on the nature and extent of the breach, with more significant violations potentially leading to higher fines or other legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.