explanatory statement
Issued by the Minister for Finance and Deregulation
Superannuation Act 1990
Declaration under paragraph 6(1)(j)
The Superannuation Act 1990 (the Act) makes provision for and in relation to the Public Sector Superannuation Scheme (PSS) for Australian Government employees and for certain other persons.
Section 6 of the Act specifies the various persons who may be a member of the PSS. Paragraph 6(1)(j) provides that the Minister may declare a person to be a PSS member.
The Superannuation (PSS) Membership Inclusion Declaration 2006 (the Principal Declaration) identifies the persons who are declared PSS members under paragraph 6(1)(j).
The purpose of the Superannuation (PSS) Membership Inclusion Amendment Declaration 2010 (No. 1) (the Declaration) is to amend the Principal Declaration to provide PSS membership for certain persons who commence employment with the Australian Health Practitioner Regulation Agency (AHPRA) during the period between 1 July 2010 and 1 July 2013 inclusive.
The employees involved are persons who immediately before commencing employment with AHPRA were PSS members employed under the Public Sector Management Act 1994 of the Australian Capital Territory (ACT), and performing duties with AHPRA in accordance with the document entitled ‘Memorandum of Understanding between AHPRA and the Department of ACT Health regarding the transition of staff to the National Registration and Accreditation Scheme’ and dated March 2010.
AHPRA is a regulatory agency established to regulate certain health professionals. AHPRA is established by Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the ACT, effective 1 July 2010.
AHPRA was consulted on the amendments contained in the Declaration.
The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Declaration commences on 1 July 2010.
The details of the Declaration are explained in the Attachment.
Attachment
Superannuation (PSS) Membership inclusion Amendment Declaration 2010 (no. 1)
Section 1 – Name of Declaration
This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 2010 (No. 1).
Section 2 – Commencement
This clause provides for the Declaration to commence on 1 July 2010.
Section 3 – Amendment of Superannuation (PSS) Membership Inclusion Declaration 2006
This provides that Schedule 1 of the Declaration amends the Superannuation (PSS) Membership Inclusion Declaration 2006 (the Principal Declaration).
Schedule 1 – Amendments
Item 1 inserts a definition of AHPRA, short for Australian Health Practitioner Regulation Agency.
Item 2 inserts subsection 4(20). Subsection 4(20) describes the circumstances in which the PSS membership of PSS members employed by AHPRA ceases. Subsection 4(20) provides that PSS membership ceases for a person who has such membership through item 27 of Schedule 1, which relates to employees of AHPRA, when any of the following circumstances arise:
- the person ceases employment with AHPRA;
- the person becomes a member of an alternative superannuation scheme, as defined in the Principal Declaration; or
- AHPRA ceases to be a statutory authority of the ACT.
Item 3 inserts item 27 in Schedule 1. Item 27 allows employees of AHPRA, in certain circumstances, to be PSS members.
Under item 27, a person who becomes an employee of AHPRA can be a PSS member, provided that he or she:
- commenced employment with AHPRA during the period 1 July 2010 to 1 July 2013 inclusive;
- immediately before commencing that employment was a PSS member employed under the Public Sector Management Act 1994 of the ACT; and
- was performing duties with AHPRA in accordance with the document entitled ‘Memorandum of Understanding between AHPRA and the Department of ACT Health regarding the transition of staff to the National Registration and Accreditation Scheme’ and dated March 2010.
Overview
The Superannuation (PSS) Membership Inclusion Amendment Declaration 2010 (No. 1) was enacted by the Minister for Finance and Deregulation under the Superannuation Act 1990. The purpose of this legislation is to amend the Superannuation (PSS) Membership Inclusion Declaration 2006 to provide Public Sector Superannuation Scheme (PSS) membership for certain persons who commence employment with the Australian Health Practitioner Regulation Agency (AHPRA) between 1 July 2010 and 1 July 2013 inclusive. This includes those who were previously PSS members employed under the Public Sector Management Act 1994 of the Australian Capital Territory (ACT) and are now performing duties with AHPRA in accordance with the 'Memorandum of Understanding between AHPRA and the Department of ACT Health regarding the transition of staff to the National Registration and Accreditation Scheme' dated March 2010. The policy objective is to ensure continuity of superannuation benefits for these individuals during the transition period.
Scope and Application
The Superannuation (PSS) Membership Inclusion Amendment Declaration 2010 (No. 1) amends the Superannuation (PSS) Membership Inclusion Declaration 2006 to extend Public Sector Superannuation Scheme (PSS) membership to certain employees of the Australian Health Practitioner Regulation Agency (AHPRA). This amendment applies to individuals who commence employment with AHPRA between 1 July 2010 and 1 July 2013 inclusive, provided they were previously PSS members employed under the Public Sector Management Act 1994 of the Australian Capital Territory and are transitioning to AHPRA in accordance with the 'Memorandum of Understanding between AHPRA and the Department of ACT Health' dated March 2010. The Declaration specifies that PSS membership for these employees will cease if they terminate employment with AHPRA, join another superannuation scheme, or if AHPRA ceases to be a statutory authority of the ACT. This legislative instrument, effective from 1 July 2010, supplements the Superannuation Act 1990 and is subject to the provisions of the Legislative Instruments Act 2003.
Key Provisions
The Superannuation (PSS) Membership Inclusion Amendment Declaration 2010 (No. 1) amends the Superannuation (PSS) Membership Inclusion Declaration 2006 to include certain employees of the Australian Health Practitioner Regulation Agency (AHPRA) as members of the Public Sector Superannuation Scheme (PSS) under section 6(1)(j) of the Superannuation Act 1990. This amendment applies to those who began working for AHPRA between 1 July 2010 and 1 July 2013, inclusive, and were previously PSS members employed under the Public Sector Management Act 1994 of the Australian Capital Territory (ACT). These individuals must also have been performing duties with AHPRA in accordance with the Memorandum of Understanding dated March 2010 between AHPRA and the Department of ACT Health regarding the transition of staff to the National Registration and Accreditation Scheme.
The declaration imposes specific obligations on these employees, ensuring they remain PSS members under certain conditions. Their PSS membership will cease if they leave their employment with AHPRA, join another superannuation scheme, or if AHPRA ceases to be a statutory authority of the ACT. The amendment also clarifies the conditions under which PSS membership ceases for these employees, providing a clear framework for their superannuation arrangements.
Failure to comply with the provisions of the Superannuation Act 1990 or the Superannuation (PSS) Membership Inclusion Amendment Declaration 2010 (No. 1) may result in civil or criminal penalties. The Act includes provisions for penalties for breaches of superannuation laws, although the specific penalties are not detailed in the explanatory statement. Generally, penalties for non-compliance with superannuation laws can include fines, imprisonment, or both, depending on the nature and severity of the breach. It is essential for all parties involved to adhere to the requirements set out in the Act and the declaration to avoid potential legal consequences.