{"id":"nsw:sl-2023-0464","name":"Aware Super Regulation 2023","slug":"aware-super-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"464 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175975,"registerId":"nsw-nsw:sl-2023-0464-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Aware Super Regulation 2023](/view/html/inforce/current/sl-2023-0464).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Aware Super Regulation 2018](/view/html/repealed/current/sl-2018-0470), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Aware Super Act 1992](/view/html/inforce/current/act-1992-100).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Payments and employment benefits included as salary or wages","content":"#### 4 Payments and employment benefits included as salary or wages\n\n4 Payments and employment benefits included as salary or wages\n\n> > (1) For the Act, section 4(1)(a)(iii), the following kinds of payment are prescribed—\n> > \n> > > (a) payments for maternity leave,\n> > \n> > > (b) payments for parental leave, other than payments required to be made under the [Paid Parental Leave Act 2010](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (c) payments for adoption leave,\n> > \n> > > (d) weekly workers compensation payments.\n> \n> > (2) The kind of payment prescribed by subsection (1)(d) does not include an amount by which the sum of the following exceeds an injured employee’s ordinary salary or wages—\n> > \n> > > (a) the weekly workers compensation paid to the injured employee,\n> > \n> > > (b) the salary or wages, other than that compensation, paid to the employee while the employee is partially incapacitated.\n> \n> > (3) For the Act, section 4(1)(a)(iv), an employment benefit is prescribed if—\n> > \n> > > (a) the benefit is a non-cash employment benefit, and\n> > \n> > > (b) the benefit is provided to an employee by an employer, and\n> > \n> > > (c) the employer, under an industrial award applicable to the employee, is required to make compulsory superannuation contributions in relation to the benefit.\n> \n> > (4) In this section—\n> > \n> > ordinary salary or wages, in relation to an injured employee, means the salary or wages the employee would probably have been earning except for the injury, assuming the employee had continued to be employed in the same or comparable employment.\n> > \n> > weekly workers compensation payments, in relation to an employee, means weekly payments of compensation payable to the employee under the following because the employee is partially incapacitated for work through injury—\n> > \n> > > (a) the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070),\n> > \n> > > (b) the provisions of the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15) as applied by the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Compulsory employer contributions—salary contribution percentage","content":"#### 5 Compulsory employer contributions—salary contribution percentage\n\n5 Compulsory employer contributions—salary contribution percentage\n\n> For the Act, section 8(2A), the following periods and percentages are prescribed in addition to the periods and percentages in the Act, section 8(2), table—\n> \n> | Year starting on 1 July 2023 | 11 |\n> | Year starting on 1 July 2024 | 11.5 |\n> | Year starting on or after 1 July 2025 | 12 |","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exempted employment","content":"#### 6 Exempted employment\n\n6 Exempted employment\n\n> For the Act, section 8(5), the following kinds of employment are prescribed—\n> \n> > (a) employment as an election official under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066), 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,\n> \n> > (b) employment as an electoral official under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), 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,\n> \n> > (c) employment in the Public Service to enable the NSW Education Standards Authority to exercise the Authority’s functions.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and savings","content":"#### 7 Repeal and savings\n\n7 Repeal and savings\n\n> > (1) The [Aware Super Regulation 2018](/view/html/repealed/current/sl-2018-0470) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Aware Super Regulation 2018](/view/html/repealed/current/sl-2018-0470), had effect under that regulation continues to have effect under this regulation.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. The document as supplied contains only website navigation, status metadata, and administrative information — no operative provisions or explanatory memorandum are visible. No scope drift can be confirmed or denied."},"complexity_factors":["Only metadata and website navigation content was provided — no substantive legal provisions are visible to analyse","As a regulation (subordinate legislation) rather than a primary Act, it operates within the constraints of a parent Act which is not identified in the provided content","Staged repeal mechanism adds a minor administrative layer but is standard for NSW regulations","The narrow subject matter (a single named superannuation fund) suggests limited scope, which would typically reduce complexity"],"plain_english_summary":"Aware Super Regulation 2023 is a NSW subordinate instrument made under a parent Act that came into force on 25 August 2023 and is due for automatic repeal on 1 September 2028. It pertains to Aware Super — likely affecting the fund, its trustees and members — but the regulation’s substantive rules aren’t available here, so its practical effects can’t be confirmed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals and replaces the 2018 regulation (s 7(1)) but s 7(2) preserves acts and matters that had effect under the prior regulation. Based on this instrument alone, it maintains the prior regulatory effects while updating definitional, contribution-rate and exemption details."},"complexity_factors":["Cross-references to multiple Acts (Aware Super Act 1992; Interpretation Act 1987; Paid Parental Leave Act 2010; Workers Compensation Acts) create dependency on external definitions and rules (see s 3 and s 4(1)(b), s 4(4)).","Inclusion/exclusion rule for weekly workers' compensation requires numeric comparison against an employee's \"ordinary salary or wages\", introducing an evidential and calculation task for employers/payroll (s 4(2), s 4(4)).","Definition of \"ordinary salary or wages\" is counterfactual (what employee would probably have earned), which can require judgment and administrative discretion when applied (s 4(4)).","Phased employer contribution percentages require payroll changes over three years (table in s 5), impacting employer cashflows and systems.","Exemptions are narrowly drafted and fact-specific (electoral officials, certain Public Service roles), requiring case-by-case determination of coverage (s 6).","Commencement on publication and a savings clause preserving prior effects mean transitional and continuity issues must be managed by employers and administrators (ss 2 and 7)."],"plain_english_summary":"This regulation updates how employer superannuation contributions to Aware Super are calculated and who is covered. It prescribes which payments count as salary or wages for contribution purposes, sets employer contribution rates from 1 July 2023–2025, identifies narrow exempt employments, and repeals the 2018 regulation while preserving existing effects.\n\nIt affects employers (who pay contributions) and employees (whose leave and some workers’ compensation may be included in salary), and matters for payroll calculations, compliance obligations and contribution liability."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: operational details for the Aware Super scheme. The 2023 update is a standard re-enactment with updated contribution rates and minor clarifications to leave payments and exempt employment. No scope creep detected."},"complexity_factors":["Only 7 sections total, with minimal cross-referencing","Single defined term ('the Act') in the interpretation section; other definitions embedded contextually in section 4","Straightforward tabular presentation of contribution percentages in section 5","Limited conditional logic — primarily the 'excess' calculation in section 4(2) and the three-part test in section 4(3)","No nested exceptions or deeply layered subsections","Clear structural alignment with the parent Act (Aware Super Act 1992)"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation sets the rules for **Aware Super**, a New South Wales government superannuation fund for public sector employees. It replaces an earlier 2018 version and makes three key types of changes:\n\n**1. What counts as 'salary' for super contributions**\n- **Adds** maternity leave, parental leave (except Commonwealth Paid Parental Leave), and adoption leave payments to the super calculation base\n- **Adds** weekly workers compensation payments (but only up to what the worker would normally earn — no 'double-dipping' if combined with other pay)\n- **Adds** non-cash benefits (like car leases or other perks) **if** an industrial award says super must be paid on them\n\n**2. How much employers must contribute**\n- Sets the compulsory employer contribution rate:\n  - **11%** from 1 July 2023\n  - **11.5%** from 1 July 2024\n  - **12%** from 1 July 2025 onwards\n\n**3. Who doesn't have to join**\n- **Election officials** working only at voting centres (state or local government elections)\n- **Temporary Public Service staff** seconded specifically to the NSW Education Standards Authority\n\n**Why it matters:**\nThis affects roughly 100,000+ NSW public servants and government employees. It determines how much super they accumulate, what types of leave and benefits build their retirement savings, and ensures the fund stays aligned with modern employment practices (like parental leave) and rising national super guarantee rates."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aware-super-regulation-2023","history":"/api/acts/aware-super-regulation-2023/history","analysis":"/api/acts/aware-super-regulation-2023/analysis","conflicts":"/api/acts/aware-super-regulation-2023/conflicts","importantCases":"/api/acts/aware-super-regulation-2023/important-cases","documents":"/api/acts/aware-super-regulation-2023/documents"}}