Overview

The Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2007 (No. 1) was enacted to amend the Superannuation (CSS) (Eligible Employees – Exclusion) Declaration 2003, addressing a specific issue related to the eligibility of certain employees for Commonwealth Superannuation Scheme (CSS) membership. This legislative instrument, issued under the authority of the Minister for Finance and Administration, aims to exclude certain Mersey Hospital APS Employees from CSS membership, unless they were already members before transitioning to this role. The Superannuation Act 1976 provides the legislative framework for the CSS, and this amendment is intended to align the scheme with the specific employment context of these employees, ensuring that their superannuation entitlements are managed appropriately within the scheme's parameters. The Amending Declaration is subject to disallowance but not sunsetting, and it takes effect on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Superannuation Act 1976 provides for the Commonwealth Superannuation Scheme (CSS) for Australian Government employees and certain other individuals. The Act's definition of 'eligible employee' encompasses various classes of individuals who can contribute to the CSS. Under the authority granted by paragraph (j) of this definition, the Minister can declare certain classes of persons not to be eligible CSS members. The Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2007 (No. 1) amends the Superannuation (CSS) (Eligible Employees – Exclusion) Declaration 2003 to specifically exclude Mersey Hospital APS Employees from CSS membership. This exclusion applies unless the individual was already a CSS member prior to becoming a Mersey Hospital APS Employee. A Mersey Hospital APS Employee is defined as an Australian Public Service employee in the Department of Health and Ageing who performs duties at the Mersey Hospital in Tasmania. This legislative instrument is subject to disallowance but not to sunsetting, and it commences on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2007 (No. 1) amends the Superannuation (CSS) (Eligible Employees – Exclusion) Declaration 2003 by inserting a new paragraph in Part 3, which excludes certain employees of the Mersey Hospital from membership of the Commonwealth Superannuation Scheme (CSS), unless they were CSS members before taking up employment there (Section 3). The Declaration commences on the day after its registration (Section 2). This means that from this date, specific APS employees working at the Mersey Hospital in Tasmania will no longer be eligible for CSS membership, unless they had CSS membership prior to their employment at the hospital. The Act imposes certain obligations on the parties it governs, particularly in relation to the identification and classification of employees. The Minister for Finance and Administration, under subsection 3(1) of the Act, has the authority to declare certain classes of employees ineligible for CSS membership. This obligation includes ensuring that the declarations made under this authority are consistent with the requirements of the Act and are subject to disallowance but not sunsetting (Explanatory Statement). The Department of Health and Ageing was consulted in relation to the Amending Declaration, as it affects Mersey Hospital APS Employees. Failure to comply with the provisions of this Act could result in significant consequences. While the Act does not explicitly detail offences or penalties for breach, it is subject to the general legal framework of Australia, where breaches of legislative instruments can lead to both civil and criminal penalties. The maximum penalties for such breaches can vary, but they may include fines and, in more serious cases, imprisonment. The specifics of penalties would depend on the nature and severity of the breach. In summary, the Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2007 (No. 1) specifies that certain APS employees of the Mersey Hospital in Tasmania are excluded from CSS membership, unless they were already CSS members prior to their employment. The Declaration imposes obligations on the Minister to ensure that the classifications are correctly applied and enforced. The consequences for non-compliance with the Act’s provisions could include significant penalties under Australian law.