{"id":"local-government-employee-superannuation-regulations-2016","name":"Local Government (Employee Superannuation) Regulations 2016","slug":"local-government-employee-superannuation-regulations-2016","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178816,"registerId":"wa-local-government-employee-superannuation-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government (Employee Superannuation) Regulations 2016","content":"![Crest]()Western Australia\n\nLocal Government Act 1995\n\nLocal Government (Employee Superannuation) Regulations 2016\n\nWestern Australia\n\nLocal Government (Employee Superannuation) Regulations 2016\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Local governments to participate in industry scheme 2\n\n5. City of Perth to participate in City of Perth scheme 2\n\n6. City of Perth scheme members employed by regional local government 3\n\n7. Amount local government to contribute to scheme to be reduced 3\n\n8. *Local Government (Amendment of Part VIA ‑ Employee Superannuation) Regulations 2006* repealed 4\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nLocal Government Act 1995\n\nLocal Government (Employee Superannuation) Regulations 2016\n\n##### 1. Citation\n\n\t\tThese regulations are the *Local Government (Employee Superannuation) Regulations 2016*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\nIn these regulations —\n\nchosen fund means a fund chosen by an employee under the *Superannuation Guarantee (Administration) Act 1992* (Commonwealth) Part 3A Division 4;\n\nCity of Perth scheme means the superannuation scheme established under the *Local Government Act 1960* section 170C(1) by the City of Perth trust deed as that scheme is amended from time to time;\n\nCity of Perth trust deed  means the trust deed dated 31 October 1994 made between the City of Perth and C.P.S.F. Pty Ltd (ACN 066 005 687) that governs the City of Perth scheme, as amended from time to time;\n\nemployee has the meaning given in the *Superannuation Industry (Supervision) Act 1993* (Commonwealth) section 15A;\n\nindividual superannuation guarantee shortfall has the meaning given in the *Superannuation Guarantee (Administration) Act 1992* (Commonwealth) section 19;\n\nindustry scheme means Aware Super as maintained and administered under the industry scheme trust deed;\n\nindustry scheme trust deed means the trust deed as defined in the *First State Superannuation Act 1992* (NSW) section 3;\n\nlocal government includes a regional local government.\n\n[Regulation 3 amended: SL 2020/217 r. 4.]\n\n##### 4. Local governments to participate in industry scheme\n\n(1) A local government must participate in and comply with the industry scheme in respect of its employees.\n\n(2) Subregulation (1) does not apply in respect of an employee if under regulation 6, or the *City of Perth Act 2016* section 23, a local government must participate in and comply with the City of Perth scheme in respect of that employee.\n\n(3) Subregulation (1) applies to the City of Perth only in respect of those of its employees who are not members of the City of Perth scheme.\n\n##### 5. City of Perth to participate in City of Perth scheme\n\n(1) The City of Perth must participate in and comply with the City of Perth scheme in respect of its employees.\n\n(2) A person who becomes an employee of the City of Perth must be a member of and subject to the City of Perth scheme unless the person elects to be a member of the industry scheme or a chosen fund.\n\n##### 6. City of Perth scheme members employed by regional local government\n\n(1) In this regulation —\n\nregional local government means a regional local government in which the City of Perth is a participant as defined in section 3.61 of the Act.\n\n(2) This regulation applies to any person who is a member of the City of Perth scheme and becomes an employee of a regional local government.\n\n(3) Despite regulation 4, a regional local government whose employee is a person to whom this regulation applies must, in respect of that employee, participate in and comply with the City of Perth scheme in the same way and to the same extent as the City of Perth would be required to do if the person were its employee.\n\n(4) Subregulation (3) ceases to apply in respect of a regional local government’s employee if the employee elects to become a member of the industry scheme or a chosen fund.\n\n(5) A person referred to in subregulation (2) does not cease to be a member of the City of Perth scheme because they cease to be an employee of the City of Perth.\n\n##### 7. Amount local government to contribute to scheme to be reduced\n\n(1) This regulation applies in respect of an employee of a local government if, for any period —\n\n(a) there is a chosen fund for the employee throughout the period; and\n\n(b) the chosen fund is not the industry scheme or the City of Perth scheme; and\n\n(c) the local government makes at least the minimum superannuation guarantee contributions for the employee for that period to the chosen fund.\n\n(2) If this regulation applies, the amount that the local government would, but for this regulation, be required under regulation 4 and the industry scheme trust deed to contribute to the industry scheme for that employee for that period is reduced by the amount of those minimum superannuation guarantee contributions made to the chosen fund for that employee.\n\n(3) If this regulation applies, the amount that the City of Perth or a regional local government would, but for this regulation, be required under regulation 5 or 6, or the *City of Perth Act 2016* section 23, and the City of Perth trust deed to contribute to the City of Perth scheme for that employee for that period is reduced by the amount of those minimum superannuation guarantee contributions made to the chosen fund for that employee.\n\n(4) In this regulation a reference to a local government making a minimum superannuation guarantee contribution for an employee for a period is a reference to the local government making the contributions necessary for it to avoid incurring an individual superannuation guarantee shortfall in respect of the employee in respect of that period.\n\n##### 8. *Local Government (Amendment of Part VIA ‑ Employee Superannuation) Regulations 2006* repealed\n\nThe *Local Government (Amendment of Part VIA ‑ Employee Superannuation) Regulations 2006* are repealed.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Local Government (Employee Superannuation) Regulations 2016* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Local Government (Employee Superannuation) Regulations 2016* | 25 Oct 2016 p. 4871-4 | r. 1 and 2: 25 Oct 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 26 Oct 2016 (see r. 2(b)) |\n| *Local Government (Employee Superannuation) Amendment Regulations 2020* | SL 2020/217 6 Nov 2020 | r. 1 and 2: 6 Nov 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Dec 2020 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nchosen fund 3\n\nCity of Perth scheme 3\n\nCity of Perth trust deed 3\n\nemployee 3\n\nindividual superannuation guarantee shortfall 3\n\nindustry scheme 3\n\nindustry scheme trust deed 3\n\nlocal government 3\n\nregional local government 6(1)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope. It replaces the 2006 regulations with updated provisions that largely preserve the same structural approach: mandating participation in specific superannuation schemes for local government employees while accommodating employee choice under Commonwealth law. The 2020 amendment updated terminology but did not expand the scope beyond employee superannuation arrangements for local governments."},"complexity_factors":["9 defined terms in the interpretation section (regulation 3), several of which reference external Commonwealth and NSW legislation","Cross-references to multiple external statutes: Superannuation Guarantee (Administration) Act 1992 (Cth), Superannuation Industry (Supervision) Act 1993 (Cth), First State Superannuation Act 1992 (NSW), City of Perth Act 2016 (WA), and Local Government Act 1995 (WA)","Nested conditional logic in regulation 7 regarding contribution reductions, requiring satisfaction of three cumulative conditions (7(1)(a)-(c))","Exception to the general rule in regulation 4(1) found in regulation 4(2), which itself references regulation 6 and an external Act","Special case handling for City of Perth and regional local governments creating parallel but distinct obligation schemes","One amendment incorporated (SL 2020/217) indicating ongoing maintenance"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for how local councils in Western Australia must handle superannuation (retirement savings) for their employees.\n\n**Key points:**\n\n*   **Default scheme for most councils:** Most local governments must use a specific industry superannuation fund called \"Aware Super\" (referred to as the \"industry scheme\") for their employees.\n*   **City of Perth exception:** The City of Perth operates its own separate superannuation scheme (established under older legislation). It must use this City of Perth scheme for its employees, though employees can choose to opt out into the industry scheme or their own chosen fund.\n*   **Regional councils and City of Perth staff:** If someone works for the City of Perth and is in the City of Perth scheme, then later moves to a \"regional local government\" (a council formed by merging multiple councils, where Perth is a participant), that regional council must continue contributing to the City of Perth scheme for that employee—unless the employee chooses to switch.\n*   **Employee choice:** Employees can choose their own super fund (a \"chosen fund\") under Commonwealth law. If they do, and the council contributes the legally required minimum to that chosen fund, the council's obligation to contribute to the default scheme (either Aware Super or the City of Perth scheme) is reduced by that amount. This prevents double-paying.\n*   **Repeal:** These regulations replace and repeal the previous 2006 regulations on the same topic.\n\n**Who it affects:**\n\n*   All local governments in Western Australia (councils/shires)\n*   Employees of these councils\n*   The City of Perth specifically (which has special rules)\n*   Regional local governments that participate with the City of Perth\n\n**Why it matters:**\n\nThis ensures council workers get their superannuation paid correctly and consistently across WA, while respecting employees' rights under Commonwealth law to choose their own super fund. It maintains the special City of Perth scheme while integrating most other councils into a single industry scheme."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the full legislative text was not accessible. The title suggests a focused, narrow instrument dealing specifically with superannuation for WA local government employees, with no evidence of scope expansion or contraction available from the retrieved content."},"complexity_factors":["Insufficient content available to assess true complexity — the legislation page returned a 404-style error","Regulations (as opposed to Acts) are generally more technical and prescriptive in nature, which could add complexity","Superannuation law in Australia involves interaction between federal and state frameworks, which can create layered obligations","Local government employment conditions can involve multiple overlapping instruments (awards, enterprise agreements, legislation)"],"plain_english_summary":"The Local Government (Employee Superannuation) Regulations 2016 (WA) are detailed rules under WA law governing how local government employers must handle employee superannuation. They affect council and shire employees, payroll/HR teams, and super funds by setting employer obligations on contributions, fund arrangements and related entitlements—matters that determine retirement savings compliance and employees’ super rights."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations repeal the earlier 2006 amendment regulations (reg 8) and set a consolidated framework: mandatory participation in the specified industry scheme for local governments, mandatory City of Perth scheme participation for City of Perth employees unless they elect otherwise, and a clear offset where an employer pays minimum SG to a chosen fund (regs 4–7). This replaces the prior regulatory approach by formalising Aware Super as the industry default and by articulating offset and regional‑employment rules."},"complexity_factors":["Cross‑jurisdictional references to Commonwealth superannuation law and definitions (Superannuation Guarantee (Administration) Act 1992; Superannuation Industry (Supervision) Act 1993) create interpretive dependencies (reg 3).","Multiple overlapping schemes and exceptions: industry scheme (Aware Super), City of Perth scheme, chosen funds, and differing rules for City of Perth, regional local governments and other local governments (regs 3–6).","Interaction with external trust deeds and scheme rules means obligations depend on proprietary trust instruments beyond the regulations (industry scheme trust deed; City of Perth trust deed) (regs 3, 4–6).","Offset mechanism reduces employer contributions where minimum SG is paid to a chosen fund, requiring employers to calculate reductions and avoid SG shortfalls (reg 7(1)–(4)).","Elective membership and portability features (new City of Perth employees may opt out; City of Perth members retain membership when moving to regional local governments) add administrative tracking requirements (reg 5(2); reg 6(4)–(5)).","Repeal of prior amendment regulations may change historical compliance footing and requires checking transitional or saved provisions (reg 8)."],"plain_english_summary":"These regulations require Western Australian local governments to pay employer superannuation contributions into a specified industry fund (Aware Super) for their employees, except where employees are members of the City of Perth scheme or have chosen another fund under Commonwealth law (regs 3–6). If an employee has a chosen fund and the employer makes the minimum Superannuation Guarantee payments to that fund, the employer’s obligation to contribute to the industry or City of Perth scheme is reduced by that amount (reg 7)."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-employee-superannuation-regulations-2016","history":"/api/acts/local-government-employee-superannuation-regulations-2016/history","analysis":"/api/acts/local-government-employee-superannuation-regulations-2016/analysis","conflicts":"/api/acts/local-government-employee-superannuation-regulations-2016/conflicts","importantCases":"/api/acts/local-government-employee-superannuation-regulations-2016/important-cases","documents":"/api/acts/local-government-employee-superannuation-regulations-2016/documents"}}