{"id":"southern-state-superannuation-act-2009","name":"Southern State Superannuation Act 2009","slug":"southern-state-superannuation-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110177,"registerId":"sa-southern-state-superannuation-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Southern State Superannuation Act 2009","content":"South Australia\nSouthern State Superannuation Act 2009\nAn Act to continue the Triple S contributory superannuation scheme for persons employed in the public sector; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tContinuation of Triple S scheme\n5\tEmployer contribution percentage\n6\tParticipating employers\n7\tPutative spouses\n8\tRestriction on publication of proceedings\nPart 2—Administration\nDivision 1—The Board\n9\tFunction of Board\nDivision 2—The Southern State Superannuation Fund\n10\tThe Fund\n11\tInvestment of Fund\nDivision 3—Accounts\n12\tAccounts\n13\tAccretions to accounts\n14\tInvestment choice\n15\tOther accounts to be kept by Board\n16\tReports\n17\tReport as to cost and funding of insurance benefits\nDivision 4—Payment of benefits\n18\tPayment of benefits\nPart 3—Membership and contributions\n19\tMembership of scheme\n20\tContributions\n21\tPayments by employers\nPart 3A—Portability and fund selection\nDivision 1—Interpretation\n21A\tInterpretation\nDivision 2—Portability\n21B\tTransfer of funds\nDivision 3—Fund selection\n21C\tMember may direct employer contributions to other fund\n21D\tEffect of fund selection\n21E\tEmployer obligations\n21F\tMatters affecting eligibility of funds\n21G\tPerson may elect to return to Triple S scheme\n21H\tImmunity from liability\n21I\tEmployer to report to Board\nPart 4—Miscellaneous\n22\tInsurance benefits\n23\tRollover of money from other funds or schemes\n23A\tUnclaimed superannuation benefits\n24\tEmployer benefits and contributions if person on leave without pay\n25\tReview of Board's decision\n26\tPower to obtain information\n27\tDelegation by Board\n28\tConfidentiality\n29\tResolution of difficulties\n30\tRegulations\nSchedule 1—Transitional provisions\nPart 6—Transitional provisions\n9\tInterpretation\n10\tSouthern State Superannuation (Employers) Fund\n11\tBalances of accounts\n12\tFormer members of Police Superannuation Scheme\n13\tChildren in receipt of pension under Police Superannuation Act 1990\n14\tAmounts preserved for certain contributors to Police Superannuation Scheme\n15\tOperation of nominations and elections under old scheme\n16\tInsurance and disability pension\n16B\tRecognition of prior membership\n17\tOther provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Southern State Superannuation Act 2009.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nactuary means a fellow or accredited member of the Institute of Actuaries of Australia;\nBoard means the South Australian Superannuation Board continued in existence by the Superannuation Act 1988;\nco‑contribution means a payment made in respect of a person by the Commissioner of Taxation pursuant to the requirements of the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 of the Commonwealth;\nco‑contribution account means an account established and maintained by the Board as a co‑contribution account in accordance with the requirements of this Act;\nCommonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;\ncontribution account means—\n\t(a)\tin relation to a member—the contribution account maintained by the Board under section 12 in the name of the member;\n\t(b)\tin relation to a spouse member—the contribution account (if any) maintained by the Board in the name of the spouse member;\nemployer contribution percentage—see section 5;\nemploying authority in relation to a person means—\n\t(a)\tthe chief executive to whom the person is answerable on matters relating to his or her employment; or\n\t(b)\tif there is no chief executive—the authority, body or person to whom the person is answerable;\nemployment to which this Act applies or employment—see subsection (3);\nFund means the Southern State Superannuation Fund continued in existence by this Act;\nfund includes a scheme or account;\nfund selection—see section section 21C(5);\ninvalidity means physical or mental incapacity to carry out the duties of employment;\nmember means a person who is a member of the scheme under section 19 (but a reference in this Act or the regulations to a member does not include a reference to a spouse member);\nmonetary salary means salary of a kind other than non‑monetary salary;\nnon‑monetary salary, in relation to a person, means remuneration in any form resulting from the sacrifice by the person of part of his or her salary;\nparticipating employer means an employer with whom the Board has entered into an arrangement under section 6;\npolice cadet means a person appointed under the Police Act 1998 to be a police cadet;\npolice member means a police officer who is a police member of the Triple S scheme pursuant to regulations made under section 19(3)(b);\nPolice Superannuation Scheme means the scheme of superannuation established by the Police Superannuation Act 1990;\nputative spouse—see section 7;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;\nrepealed Act means the Southern State Superannuation Act 1994;\nrollover account means an account established and maintained by the Board as a rollover account in accordance with the requirements of this Act;\nsalary in relation to a person includes all forms of remuneration (including non‑monetary salary) received by the person except—\n\t(a)\tremuneration related to overtime (other than remuneration related to overtime that is paid by way of an annual allowance); or\n\t(b)\tan amount paid in lieu of—\n\t(i)\trecreation leave; or\n\t(ii)\tlong service leave; or\n\t(iii)\tany other kind of leave,\non the termination of the person's employment; or\n\t(c)\tan amount paid to the person as a consequence of the termination of the person's employment; or\n\t(d)\tremuneration of a prescribed kind;\nNote—\nSee subsection (2).\nsalary sacrifice contribution in relation to a person means an amount or amounts allocated pursuant to an award or enterprise agreement of the whole or part of the person's non‑monetary salary for the purposes of the allocated amount or amounts being credited to the person's contribution account or, in the case of a person who has made a fund selection, to the person's selected fund;\nSouthern State Superannuation Scheme or scheme means the scheme of superannuation continued in existence by this Act;\nspecial deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987;\nspouse includes a putative spouse;\nspouse account means—\n\t(a)\ta contribution account; or\n\t(b)\ta rollover account; or\n\t(c)\ta co‑contribution account,\nestablished and maintained by the Board for the benefit of a spouse member in accordance with the requirements of this Act;\nspouse member means a person who is a spouse member of the Triple S scheme pursuant to regulations made under section 19(3)(c);\nState Scheme means the scheme of superannuation established by the Superannuation Act 1988;\nSuperannuation Funds Management Corporation of South Australia or Corporation means the Superannuation Funds Management Corporation of South Australia continued in existence by the Superannuation Funds Management Corporation of South Australia Act 1995;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nTriple S scheme means the Southern State Superannuation Scheme continued in existence by this Act.\n\t(2)\tFor the purposes of determining the amount of salary received by a person who is in receipt of non‑monetary salary, the value of the non‑monetary salary will be taken to be the amount of salary sacrificed by the person in order to receive the non‑monetary salary.\n\t(3)\tThis Act applies to employment by or on behalf of—\n\t(a)\tthe Crown, or an instrumentality or agency of the Crown; or\n\t(b)\tan employer who has entered into an arrangement with the Board under section 6,\nand a reference in this Act to employment, in relation to a person, is a reference to employment of the person in employment to which this Act applies.\n4—Continuation of Triple S scheme\n\t(1)\tThe scheme of superannuation established by the repealed Act continues in existence under this Act (subject to any provision made by or under this Act).\n\t(2)\tThe scheme will continue to be known as the Southern State Superannuation Scheme or the \"Triple S scheme\".\n5—Employer contribution percentage\n\t(1)\tSubject to subsection (3), the employer contribution percentage applicable in respect of a person will be fixed by regulation.\n\t(2)\tA regulation made for the purposes of subsection (1) may fix different amounts for different classes of person.\n\t(3)\tThe employer contribution percentage applicable in respect of a person in relation to whom an employer contribution percentage is not fixed by regulation under subsection (1) will be—\n\t(a)\tin the case of—\n\t(i)\ta person (other than a prescribed person) who is making contributions as a deduction from salary under section 20 at a rate of at least 4.5%; or\n\t(ii)\ta prescribed person who is making contributions as a deduction from salary under section 20 at a rate of at least 4.5%, or salary sacrifice contributions at a rate of at least 5.3%, (or both),\n10% or a percentage equal to the charge percentage applicable under the Commonwealth Act to the employer of the person, whichever is the greater; and\n\t(b)\tin any other case—9% or a percentage equal to the charge percentage applicable under the Commonwealth Act to the employer of the person, whichever is the greater.\n\t(4)\tIn this section—\nprescribed person means—\n\t(a)\ta police member (other than a police cadet or a police officer employed on a contract having a fixed term); or\n\t(b)\ta person—\n\t(i)\twho has ceased to be a member of the scheme by virtue of section 19(2)(b); but\n\t(ii)\twho would, if they were a member of the scheme, be a member to whom paragraph (a) applies; or\n\t(c)\ta person or a class of persons prescribed by the regulations for the purposes of this definition.\n6—Participating employers\n\t(1)\tSubject to subsection (3), the Board may enter into an arrangement with an approved employer under which the employees of the employer become eligible to apply to be accepted as members of the scheme.\n\t(2)\tAn arrangement under subsection (1)—\n\t(a)\tmay modify the provisions of this Act or the regulations in their application to, or in relation to, employees to which the arrangement relates (but not so as to put those employees or their spouses in a more advantageous position than other members or spouse members); and\n\t(b)\tmay be varied at any time by agreement between the Board and the approved employer.\n\t(3)\tAn arrangement under subsection (1) or a variation under subsection (2) is not effective unless its terms are approved by the Minister.\n\t(4)\tIn this section—\napproved employer means—\n\t(a)\tan instrumentality or agency of the Crown in right of the Commonwealth or any State or Territory; or\n\t(b)\tanother authority, body or person,\napproved by the Minister for the purposes of this section.\n7—Putative spouses\n\t(1)\tFor the purposes of this Act, a person is, on a certain date, the putative spouse of another person if—\n\t(a)\tthe person is, on that date, cohabiting with the other person as that person's de facto spouse and—\n\t(i)\tthe person—\n\t(A)\thas been so cohabiting with the other person continuously for the preceding period of 3 years; or\n\t(B)\thas during the preceding period of 4 years so cohabited with the other person for periods aggregating not less than 3 years; or\n\t(ii)\ta child, of whom both persons are the parents, has been born (whether or not the child is still living); or\n\t(c)\tthe person is, on that date, in a registered relationship with the other person.\n\t(2)\tSubject to subsection (2a), a person whose rights depend on whether—\n\t(a)\tthe person and another person; or\n\t(b)\t2 other persons,\nwere, on a certain date, putative spouses 1 of the other may apply to the Tribunal for a determination under this section.\n\t(2a)\tA person whose rights depend on whether—\n\t(a)\tthe person and another person; or\n\t(b)\t2 other persons,\nwere, on a certain date, in a registered relationship may provide evidence that they or those persons, were, on that date, in the registered relationship by producing a certificate issued by the Registrar of Births, Deaths and Marriages under section 21 of the Relationships Register Act 2016.\n\t(3)\tIf it is proved to the satisfaction of the Tribunal that the persons in relation to whom the determination under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Tribunal must make a determination accordingly.\n\t(4)\tA determination may be made under this section—\n\t(a)\twhether or not 1 or both of the persons in relation to whom the determination is sought are, or have ever been, domiciled in this State; or\n\t(b)\tdespite the fact that 1 or both of them are dead.\n\t(5)\tIt must not be inferred from the fact that the Tribunal has determined that 2 persons were putative spouses 1 of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.\n8—Restriction on publication of proceedings\n\t(1)\tProtected information is information relating to an application under section 7 (including images) that identifies, or may lead to the identification of—\n\t(a)\tan applicant; or\n\t(b)\ta person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or\n\t(c)\ta witness to the hearing of the application.\n\t(2)\tA person who publishes protected information is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(3)\tA person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(4)\tThis section does not apply to—\n\t(a)\tthe publication or disclosure of material—\n\t(i)\tby a court or the Tribunal or an employee of the Courts Administration Authority, provided that such publication or disclosure is made in connection with the administrative functions of the court or Tribunal; or\n\t(ii)\tfor purposes associated with the administration of this Act; or\n\t(b)\tthe publication in printed or electronic form of material that—\n\t(i)\tconsists solely or primarily of the reported judgments or decisions of a court or the Tribunal; or\n\t(ii)\tis of a technical nature designed primarily for use by legal practitioners.\n\t(5)\tIn this section—\nnewspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;\npublish means publish by newspaper, radio or television, or on the Internet, or by some other similar means of communication to the public.\nPart 2—Administration\nDivision 1—The Board\n9—Function of Board\nThe Board—\n\t(a)\tis responsible to the Minister for all aspects of the administration of this Act except the management and investment of the Fund; and\n\t(b)\tis to provide advice to the Minister about any matter referred to it by the Minister or any matter it sees fit to advise the Minister about in connection with its responsibilities under this Act.\nDivision 2—The Southern State Superannuation Fund\n10—The Fund\n\t(1)\tThe Southern State Superannuation Fund continues in existence.\n\t(2)\tThe assets of the Fund belong (both at law and in equity) to the Crown.\n\t(3)\tThe Fund is subject to the management and control of the Superannuation Funds Management Corporation of South Australia.\n\t(4)\tThe Treasurer must pay into the Fund from the Consolidated Account (which is appropriated to the necessary extent) or from a special deposit account established by the Treasurer for the purpose—\n\t(a)\tperiodic contributions reflecting the contributions paid to the Treasurer by members and spouse members with respect to the relevant period; and\n\t(b)\tthe amount of any co‑contributions paid or transferred to the Board on behalf of a member or spouse member (but received by the Treasurer on behalf of the Board); and\n\t(c)\tan amount or amounts equivalent to any amount or amounts rolled over from another superannuation fund or scheme to the Triple S scheme; and\n\t(d)\tpayments to the Treasurer by employers under section 21; and\n\t(e)\tpayments to the Treasurer by or on behalf of employers as required under the regulations.\n\t(5)\tAll earnings arising from investment of the Fund must be paid into the Fund.\n\t(6)\tThe following amounts will be paid from the Fund:\n\t(a)\tadministrative costs and other expenses of or relating to the administration of this Act and the management and investment of the Fund;\n\t(b)\tany reimbursement of the Consolidated Account or a special deposit account that the Treasurer charges against the Fund under this Act, including reimbursement in respect of benefits payable under this Act or of insurance benefits payable under this Act;\n\t(c)\tthe reimbursement of the Treasurer for an amount (if any) paid (whether before or after the commencement of this paragraph) by the Treasurer for a purpose referred to in paragraph (a);\n\t(d)\tan amount or amounts determined by the Board, on the advice of an actuary, for the purposes of a fund or account established by the Board pursuant to section 30(2)(h).\n\t(7)\tThe Superannuation Funds Management Corporation of South Australia must determine the value of the Fund as at the end of each financial year.\n11—Investment of Fund\n\t(1)\tThe Fund will be invested in a manner determined by the Superannuation Funds Management Corporation of South Australia.\n\t(2)\tThe Corporation may enter into transactions affecting the Fund—\n\t(a)\tfor the purpose of investment; or\n\t(b)\tfor purposes incidental, ancillary or otherwise related to investment.\nDivision 3—Accounts\n12—Accounts\n\t(1)\tSubject to this section, the Board must maintain—\n\t(a)\ta contribution account in the name of—\n\t(i)\ta member who is making or has made contributions to the scheme, or in relation to whom contributions are being or have been made by the member's employer; and\n\t(ii)\ta spouse member who is making or has made contributions to the scheme, or in relation to whom contributions are being or have been made by a member in accordance with the regulations; and\n\t(b)\ta rollover account in the name of—\n\t(i)\ta member or spouse member for whom an amount of money has been rolled over from another fund or scheme to the Triple S scheme; and\n\t(ii)\ta member of the Police Superannuation Scheme in respect of whom an amount of money rolled over from another fund or scheme has been accepted by the Police Superannuation Board and paid to the Treasurer under section 13B of the Police Superannuation Act 1990; and\n\t(c)\ta co‑contribution account in the name of—\n\t(i)\ta member or spouse member, or a member of the State Scheme, in respect of whom a co‑contribution has been paid to the Board; and\n\t(ii)\ta member of the Police Superannuation Scheme in respect of whom the amount of a co‑contribution has been transferred from that scheme to the Board; and\n\t(d)\tany other account that the Board is required to maintain under the regulations.\n\t(2)\tAn account must be maintained in accordance with requirements specified in the regulations.\n\t(3)\tThe regulations may make further provision in relation to the maintenance of accounts by the Board and, in particular, may—\n\t(a)\tprovide that the Board is, or is not, required to maintain a particular type of account for particular members or spouse members, or particular classes of member or spouse member; or\n\t(b)\tspecify details that are to be included in accounts, including amounts to be credited to, or debited against, accounts; or\n\t(c)\tspecify adjustments that are to be made to accounts.\n\t(4)\tThe Board must establish a scheme under which each member's or spouse member's beneficial interest in the Fund, as held in the accounts of the Board, is represented by 1 or more units (including, if relevant, parts of units), with each unit being an undivided beneficial interest in the Fund.\n13—Accretions to accounts\n\t(1)\tEach contribution account, rollover account and co‑contribution account that has a credit balance will be adjusted from time to time by the Board to reflect movements in the value of units allocated to each account under the scheme established by the Board.\n\t(2)\tIn determining movements in the value of each unit of beneficial interest held in the name of each member or spouse member, the Board must have regard to the earnings achieved on the class of investments in which the accounts of a member or spouse member are allocated.\n\t(3)\tIf a member or member spouse has made a nomination under section 14, in determining movements in the value of each unit of beneficial interest held in the name of the member or spouse member, the Board must have regard to the earnings achieved on the class of investments, or the combination of classes of investments, nominated by the member or spouse member.\n14—Investment choice\n\t(1)\tIf the Fund is invested in different classes of investments, the Board may, with the agreement of the Superannuation Funds Management Corporation of South Australia, permit members or spouse members, on such terms and conditions as it thinks fit, to nominate the class of investments, or the combination of classes of investments, for the purpose of determining the adjustment to be made to accounts under section 13.\n\t(2)\tIf a member or spouse member has not made a nomination under subsection (1), the Board will allocate the accounts of the member or spouse member to a class of investments according to a determination of the Board.\n15—Other accounts to be kept by Board\n\t(1)\tThe Board must, in respect of each financial year—\n\t(a)\tmaintain proper accounts of—\n\t(i)\treceipts of members' contributions, spouse members' contributions and employer contributions paid under this Act; and\n\t(ii)\tpayments to, on behalf of, or in respect of, members and spouse members; and\n\t(iii)\tpayments made from members' contribution accounts to spouse accounts; and\n\t(iv)\tamounts transferred from spouse accounts to other accounts for the purpose of amalgamating accounts; and\n\t(b)\tprepare financial statements in relation to those receipts, payments and transfers; and\n\t(c)\tmaintain other accounts and prepare other financial statements as required by the regulations.\n\t(1a)\tHowever, the Board is not required to maintain accounts of employer contributions paid to another fund pursuant to a fund selection.\n\t(2)\tThe financial statements must include the information (if any) required by the regulations.\n\t(3)\tThe Auditor‑General may at any time, and must at least once in each year—\n\t(a)\taudit the accounts and financial statements referred to in subsection (1); and\n\t(b)\taudit the other accounts to be maintained by the Board under this Act.\n16—Reports\n\t(1)\tThe Board must, on or before 31 October in each year, submit a report to the Minister on the operation of this Act during the financial year ending on 30 June in that year.\n\t(2)\tThe report must include a copy of the financial statements prepared by the Board in relation to receipts of members' contributions, spouse members' contributions and employer contributions, and relating to payments to, on behalf of, or in relation to, members and spouse members.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n17—Report as to cost and funding of insurance benefits\n\t(1)\tThe Minister must obtain a report on the cost and funding of insurance benefits (including disability pensions) provided through the scheme within 12 months after 30 June 2010 and thereafter within 12 months after the end of each triennium following that date.\n\t(2)\tEach report must be prepared by an actuary (not being a member of the Board) appointed by the Minister and must report on—\n\t(a)\tthe cost of insurance benefits; and\n\t(b)\tthe extent to which premiums paid by members and held by the Board are sufficient to meet the scheme's anticipated insurance liabilities,\nat the time of the report and in the foreseeable future.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\nDivision 4—Payment of benefits\n18—Payment of benefits\n\t(1)\tA payment to be made under this Act to or on behalf of a member or spouse member, or to another person who has an entitlement to the payment of a benefit or other amount with respect to a superannuation interest, must be made by the Treasurer out of the Consolidated Account (which is appropriated to the necessary extent) or out of a special deposit account established by the Treasurer for that purpose.\n\t(2)\tIf the payment includes an amount standing to the credit of a contribution account, a rollover account or a co‑contribution account, an amount equal to the amount of the payment is to be charged against the appropriate account and the Treasurer must reimburse the Consolidated Account or special deposit account by charging the Fund with that amount.\n\t(3)\tIf the payment includes an invalidity or death insurance benefit, the Consolidated Account or special deposit account is to be reimbursed with the amount of the benefit by charging it against the Fund.\n\t(4)\tIf, on the invalidity or death of a member who was a police officer, an amount greater than the aggregate of the balance of the member's contribution account and an insurance benefit (if any) is payable by way of benefits under the regulations to or in respect of the member, the amount payable will be taken, for the purposes of this section, to include the balance of the contribution account and the insurance benefit (if any).\n\t(5)\tThis section does not apply in relation to a payment to be made to a person in connection with an investment service or some other product or service provided by the Board pursuant to regulations made under section 30(2)(g).\nPart 3—Membership and contributions\n19—Membership of scheme\n\t(1)\tSubject to this section, a person—\n\t(a)\tin relation to whom the Crown, or an agency or instrumentality of the Crown—\n\t(i)\tis liable to pay a superannuation guarantee charge under the Commonwealth Act; or\n\t(ii)\tis not liable to pay a superannuation guarantee charge under the Commonwealth Act but pays an amount to the Treasurer as if it were required to pay the amount under section 21; or\n\t(b)\twho—\n\t(i)\tis employed by a participating employer; and\n\t(ii)\thas been accepted as a member of the scheme; or\n\t(c)\twho was a member of the Triple S scheme immediately before the repeal of the Southern State Superannuation Act 1994,\nis a member of the Triple S scheme.\n\t(2)\tHowever, a person—\n\t(a)\twho is—\n\t(i)\ta member of a scheme of superannuation established by or under some other Act; or\n\t(ii)\ta member of a scheme of superannuation established for the benefit of the employees of an agency or instrumentality of the Crown (not being a scheme referred to in subparagraph (i)); or\n\t(b)\twho—\n\t(i)\tmakes a fund selection; and\n\t(ii)\topts to have all amounts standing to the credit of accounts maintained by the Board on behalf of the person rolled over to a complying superannuation fund (within the meaning of Part 3A),\nis not, subject to section 21G and regulations under subsection (3), a member of the Triple S scheme.\n\t(3)\tThe regulations may make further provision in relation to membership and spouse membership of the Triple S scheme and, in particular, may provide—\n\t(a)\tthat particular persons, or particular classes of persons are, or are not, or have ceased to be, members of the scheme; or\n\t(b)\tthat a police officer who is a member of the scheme is, or is not, a police member of the scheme; or\n\t(c)\tthat a person who is or was the spouse of a member is, subject to conditions specified in the regulations, a spouse member of the scheme; or\n\t(d)\tthat a specified provision of this Act does not apply, or applies subject to prescribed modifications, to a member or a class of members, or to a spouse member or a class of spouse members.\n\t(4)\tRegulations made for the purposes of this section may—\n\t(a)\tdeclare a group of members or former members of a public sector superannuation scheme to be members for the purposes of this Act; and\n\t(b)\ttransfer all or part of the assets and liabilities of a fund established for the purposes of a public sector superannuation scheme to the Fund; and\n\t(c)\tmodify the provisions of this Act in their application to the group of members or former members referred to in paragraph (a); and\n\t(d)\tprovide for transitional matters on the making of a declaration under paragraph (a).\n\t(5)\tIn this section—\npublic sector superannuation scheme means a superannuation scheme established or continued under an Act of this State or otherwise for the benefit of employees of an instrumentality or agency of the Crown.\n20—Contributions\n\t(1)\tSubject to subsection (1b) and regulations made under subsection (2), and to conditions (if any) prescribed by regulation—\n\t(a)\ta member may elect to make contributions to the Treasurer as a deduction from salary; and\n\t(b)\ta police member (other than a police cadet or a police officer employed on a contract having a fixed term) must, subject to subsection (1a), make contributions—\n\t(i)\tto the Treasurer; or\n\t(ii)\tif the member has made a fund selection in their capacity as a police member—to the fund selected for the purposes of that fund selection,\nas a deduction from salary at a rate that equals or exceeds the prescribed percentage; and\nNote—\nIf police members are prescribed as designated members for the purposes of Part 3A, their ability to make a fund selection will be limited as they will only be able to select a fund that has been prescribed by regulation.\n\t(c)\ta member who is making contributions to the Treasurer as a deduction from salary may make additional monetary contributions to the Treasurer that are not related to the member's salary; and\n\t(d)\ta member whose employment has not terminated but who is not making contributions to the Treasurer as a deduction from salary may make monetary contributions to the Treasurer.\n\t(1a)\tSubsection (1)(b) does not apply to a police member who is making salary sacrifice contributions at a rate of at least 5.3%.\n\t(1b)\tA member who has made a fund selection—\n\t(a)\tmay not make contributions to the Treasurer under subsection (1)(a) or (b) as a deduction from the salary received by the member from the employer to which the fund selection relates; but\n\t(b)\tmay, if the Board is continuing to maintain a contribution account on behalf of the member, make contributions to the Treasurer under subsection (1)(d).\n\t(1c)\tSubsection (1b)(a) does not apply if the member has subsequently given a valid direction to their employer under section 21G(1).\n\t(2)\tThe regulations may—\n\t(a)\tprovide that particular members, or particular classes of member, are not entitled to make contributions under this section or must contribute at a specified rate; or\n\t(b)\trequire specified members, or members of a specified class, to make contributions as a deduction from salary at a prescribed rate—\n\t(i)\tto the Treasurer; or\n\t(ii)\tif the member has made 1 or more fund selections—\n\t(A)\tto a fund selected by the member for the purposes of a fund selection; or\n\t(B)\tif the regulations so require, to a fund specified in the regulations,\n(and a regulation under this paragraph may prescribe different rates or specify different funds in respect of different members or different classes of member); or\n\t(c)\trequire that a monetary contribution under subsection (1)(c) or (d) be equal to, or exceed, a specified amount; or\n\t(d)\tmake provision for the payment of contributions by or on behalf of spouse members (subject to specified conditions).\n21—Payments by employers\n\t(1)\tWithin a period (to be determined by the Board) after salary is paid to a prescribed person, the person's employer must pay to the person's designated superannuation authority an amount calculated as follows:\n\nwhere—\nA is the amount to be paid\nECP is the employer contribution percentage applicable in respect of the person for the period during which the salary was paid\nS is the amount of salary paid to the person.\n\t(1a)\tHowever, if—\n\t(a)\tthe person has made a fund selection; and\n\t(b)\tthe selected fund is precluded under a law of the Commonwealth from receiving contributions in respect of a salary that is higher than the maximum contribution base; and\n\t(c)\tthe person's salary for the quarter in which the payment is being made exceeds the maximum contribution base applying for that quarter,\nthe following provisions apply for the purposes of interpreting the formula in subsection (1):\n\t(d)\tECP is a percentage equal to the charge percentage applicable under the Commonwealth Act to the employer of the person;\n\t(e)\tS is an amount equal to the maximum contribution base applying for that quarter.\n\t(2)\tIf a prescribed person makes a salary sacrifice contribution, the employer must, within 7 days after salary is paid to the person, pay to the person's designated superannuation authority an amount (or arrange for the payment within that period to the person's designated superannuation authority of an amount) equivalent to the person's salary sacrifice contribution.\n\t(3)\tIf an employer fails to pay the amount referred to in subsection (1) or (2) within the time allowed by that subsection, the employer is liable to pay to the Treasurer a penalty (not being greater than 10% of the amount unpaid) fixed by the Board.\n\t(3a)\tAn employer may satisfy the requirement under this section to pay an amount on behalf of a prescribed person by paying the amount to an approved clearing house, provided that—\n\t(a)\tthe approved clearing house then makes the contribution, as agent for the employer, to the person's designated superannuation authority; and\n\t(b)\tany other conditions prescribed by regulation are complied with.\n\t(4)\tThis section does not apply in relation to—\n\t(a)\ta person who is a member of the Triple S scheme solely by virtue of being—\n\t(i)\ta contributor to the Police Superannuation Scheme in respect of whom—\n\t(A)\ta co‑contribution has been paid or transferred to the Board; or\n\t(B)\tan amount of money rolled over from another fund or scheme has been accepted by the Police Superannuation Board and paid to the Treasurer under section 13B of the Police Superannuation Act 1990; or\n\t(ii)\ta contributor to the State Scheme in respect of whom a co‑contribution has been paid to the Board; or\n\t(b)\ta member, or a member of a class, prescribed by regulation for the purposes of this subsection.\n\t(5)\tIn this section—\napproved clearing house means a body that is an approved clearing house for the purposes of the Commonwealth Act;\ndesignated superannuation authority—a prescribed person's designated superannuation authority is—\n\t(a)\tin the case of a person whose superannuation arrangements have been transferred to another fund under section 21C—that fund; and\n\t(b)\tin any other case—the Treasurer;\nemployer means—\n\t(a)\tthe administrative unit in which the prescribed person is employed; or\n\t(b)\tthe agent or instrumentality of the Crown, or other person or body, that employs the prescribed person,\nas the case requires;\nmaximum contribution base means the maximum contribution base determined under the Commonwealth Act;\nprescribed person means—\n\t(a)\ta member; or\n\t(b)\ta former member whose superannuation arrangements have been transferred to another fund under section 21C.\nPart 3A—Portability and fund selection\nDivision 1—Interpretation\n21A—Interpretation\nIn this Part—\ncomplying fund means—\n\t(a)\ta complying superannuation fund; or\n\t(b)\tan RSA;\ncomplying superannuation fund has the meaning given by section 45 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\ndesignated member means a member of a class prescribed by regulation for the purposes of this definition;\neligible fund—a fund is an eligible fund for the purposes of a fund selection if—\n\t(a)\tit is a complying fund; and\n\t(b)\tthe employer of the person who made the selection is able to contribute to the fund for the benefit of the person at the time the selection is made; and\n\t(c)\tin the case of a selection made, or purportedly made, by a designated member—it is a fund prescribed by regulation for the purposes of this definition;\nfund selection notice—see section 21C(3);\nRSA has the same meaning as in the Retirement Savings Accounts Act 1997 of the Commonwealth;\nselected fund, of a person who has made a fund selection, means a fund specified by the person in a fund selection notice given to an employer of the person;\nsuccessor fund has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth.\nDivision 2—Portability\n21B—Transfer of funds\n\t(1)\tSubject to this section, amounts standing to the credit of 1 or more accounts maintained by the Board on behalf of a member may, at the option of the member, in accordance with the regulations, be transferred to another complying fund.\n\t(2)\tThe combined balance of accounts maintained by the Board on behalf of a member for whom amounts are transferred under subsection (1) must, immediately after the amounts are transferred, be equal to, or greater than, the applicable minimum amount for the member.\n\t(3)\tFor the purposes of subsection (2), the applicable minimum amount for a member is—\n\t(a)\tin the case of—\n\t(i)\ta police member; or\n\t(ii)\ta member of a class prescribed by regulation for the purposes of this subsection,\nthe minimum amount prescribed by regulation; and\n\t(b)\tin the case of any other member—the minimum amount determined by the Board.\n\t(4)\tThe Board may, for the purposes of subsection (3)(b), determine that different minimum amounts apply to different members or classes of member.\n\t(5)\tAmounts standing to the credit of accounts maintained by the Board on behalf of a member cannot be transferred under this section if—\n\t(a)\tthe member is prevented from dealing with their superannuation interests by an instrument in force under the Family Law Act 1975 of the Commonwealth; or\n\t(b)\tthe combined balance of accounts maintained by the Board on behalf of the member is less than the applicable minimum amount for the member for the purposes of subsection (2); or\n\t(c)\tthe member has a liability that arose under this Act.\n\t(6)\tHowever, the Board may determine to permit a member to transfer amounts standing to the credit of the member's accounts despite the member having a liability that arose under this Act if the Board is satisfied that the liability will be discharged in full.\n\t(7)\tRegulations made for the purposes of this section—\n\t(a)\tmay include conditions and limitations that apply to all members or to specified members or classes of member; and\n\t(b)\tmay exclude specified members or classes of member from the operation of this section.\nDivision 3—Fund selection\n21C—Member may direct employer contributions to other fund\n\t(1)\tThis section applies to a person who is a member of the Triple S scheme if—\n\t(a)\tan employer of the person is required to pay an amount to the Treasurer on behalf of the person under section 21; and\n\t(b)\tthe person is not a member of the scheme solely by virtue of an arrangement under section 6 with a participating employer; and\n\t(c)\tthe person is not excluded from the operation of this section by the regulations.\n\t(2)\tA regulation made for the purposes of subsection (1)(c) may exclude specified persons, or classes of persons, from the operation of this section.\n\t(3)\tSubject to this section, a person to whom this section applies may, by giving a notice (a fund selection notice) to an employer of the person, direct the employer to make payments required to be made by the employer on behalf of the person under section 21 to an eligible fund specified in the notice.\n\t(4)\tA fund selection notice must—\n\t(a)\tbe in a form approved by the Board; and\n\t(b)\tcontain or be accompanied by such information (if any) as may be required by the Board or the employer; and\n\t(c)\tcomply with any other requirements set out in the regulations.\n\t(5)\tA person who gives a valid direction under subsection (3) makes a fund selection for the purposes of this Act.\n\t(6)\tIf a notice given by a person to their employer for the purposes of making a fund selection does not comply with all requirements under this section, the employer may nevertheless accept the notice if satisfied (whether on receipt of the notice or after consultation with the person) that it complies substantially with those requirements, and, in that case—\n\t(a)\tthe notice will be taken to be a fund selection notice; and\n\t(b)\tthe person will be taken to have given a valid direction under subsection (3).\n\t(7)\tA person who has made a fund selection in respect of a particular employer may, by giving a further fund selection notice to that employer, vary the selection so as to select another eligible fund.\n\t(8)\tOnly 1 fund may apply for a person in respect of a particular employer of the person under this section at any 1 time.\n\t(9)\tTransfer of the superannuation interests of a person who has made a fund selection from their selected fund to a successor fund does not, if the successor fund is an eligible fund, affect the person's fund selection.\n\t(10)\tAn employer may not charge a fee in connection with the making of a fund selection by a person.\n\t(11)\tA person who was, on the commencement of this section, a member of a prescribed scheme (within the meaning of section 21 as in force immediately before the commencement of section 9 of the Statutes Amendment (Fund Selection and Other Superannuation Matters) Act 2021) will be taken to have made a fund selection for the purposes of this Act.\n\t(12)\tThe regulations may make further provision in relation to procedural and other matters associated with a person's right to make a fund selection under this Division.\n21D—Effect of fund selection\n\t(1)\tIf a person makes a fund selection, the liability of the person's employer to make payments on behalf of the person under section 21 will be determined in accordance with that section.\n\t(2)\tAll amounts standing to the credit of accounts maintained by the Board on behalf of a member who has made a fund selection may, at the option of the member, be rolled over to a complying fund (which, in the case of a designated member, must be the eligible fund selected by the member in their capacity as a designated member) unless—\n\t(a)\tthe member is prevented from dealing with their superannuation interests by an instrument in force under the Family Law Act 1975 of the Commonwealth; or\n\t(b)\tthe member has a liability that arose under this Act; or\n\t(c)\tanother employer of the member is required to make contributions to the Treasurer on behalf of the member under section 21.\n\t(3)\tHowever, the Board may determine to permit a member to roll over amounts standing to the credit of the member's accounts despite the member having a liability that arose under this Act if the Board is satisfied that the liability will be discharged in full.\n\t(4)\tAn amount standing to the credit of a spouse account maintained by the Board on behalf of the spouse of a person who ceases to be a member by virtue of section 19(2)(b) must be preserved in accordance with the regulations.\n\t(5)\tIf a member makes a fund selection, the member's employer must commence making contributions required under section 21 to the member's selected fund within 2 months, or such other period as may be prescribed by regulation, following the day on which the fund selection notice is received by the employer.\n\t(6)\tThe regulations may prescribe variations or additions to the procedure set out in subsection (5) (and any such regulation has effect according to its terms).\n\t(7)\tAn employer may refuse to comply with a direction given under section 21C(3) made by a person within 12 months of the giving of a previous fund selection made by the person (and, in that case, the direction will be taken to have been invalid for the purposes of this Act).\n\t(8)\tSubsection (7) does not apply in relation to a direction given under section 21F(c).\n21E—Employer obligations\n\t(1)\tSubject to subsection (2), an employer of a person to whom section 21C applies may provide a fund selection notice to the person at any time but must provide the person with a fund selection notice as follows:\n\t(a)\tin the case of a person who requests the notice from the employer, the notice must be provided to the person not more than 28 days after the request;\n\t(b)\tin the case of a person who becomes a member of the Triple S scheme after the commencement of this Part, the notice must be provided to the person immediately on the commencement of the person's employment;\n\t(c)\tif the employer becomes aware that it is no longer possible to contribute to the person's selected fund, or that the person's selected fund is no longer an eligible fund, the notice must be provided to the person not more than 28 days after the employer becomes aware of that fact.\n\t(2)\tSubsection (1) does not apply in prescribed circumstances.\n\t(3)\tIf a person who makes a fund selection has not previously given a direction under section 21C(3), the person's employer must notify the Board that the direction has been given.\n21F—Matters affecting eligibility of funds\nIf—\n\t(a)\ta person has given a direction under section 21C(3); and\n\t(b)\tthe person's specified fund—\n\t(i)\tceases to exist; or\n\t(ii)\tceases to accept contributions under this Part; or\n\t(iii)\tceases to be an eligible fund; and\n\t(c)\tthe person does not, within the prescribed period, give their employer a new fund selection notice specifying a different eligible fund,\nsection 21 applies as if a fund selection had not been made by the person.\n21G—Person may elect to return to Triple S scheme\n\t(1)\tA person who has made a fund selection may, by giving a further notice to the person's employer, direct the employer to make payments required to be made by the employer on behalf of the person under section 21 to the Triple S scheme.\n\t(2)\tA notice under subsection (1) must—\n\t(a)\tbe in a form approved by the Board; and\n\t(b)\tcontain or be accompanied by such information (if any) as may be required by the Board or the employer; and\n\t(c)\tcomply with any other requirements set out in the regulations.\n\t(3)\tIf a person gives a direction under subsection (1)—\n\t(a)\tthe person will, if their membership of the Triple S scheme has ceased under section 19(2)(b) but they are eligible to be a member of the scheme, become a member of the scheme; and\n\t(b)\tthe person's employer must commence making contributions required under section 21 to the Treasurer as the designated superannuation authority within 2 months, or such other period as may be prescribed by regulation, following the day on which the notice is received by the employer; and\n\t(c)\tthe notice takes effect on the day the first such contribution is made.\n21H—Immunity from liability\nNo liability attaches to an employer or the Board in connection with any action taken in compliance with a direction under this Division.\n21I—Employer to report to Board\n\t(1)\tAn employer of a person who has made a fund selection must report to the Board on matters relating to the fund selection as required by the Board.\n\t(2)\tA report under subsection (1) must be in the form, and contain the information, determined by the Board.\nPart 4—Miscellaneous\n22—Insurance benefits\n\t(1)\tThe following is to be provided through the Triple S scheme on terms and conditions prescribed by regulation:\n\t(a)\tinvalidity insurance, death insurance and income protection for members;\n\t(b)\tdeath insurance for spouse members.\n\t(2)\tInvalidity or death insurance may also be provided through the scheme for other persons on terms and conditions prescribed by regulation.\n\t(3)\tRegulations made for the purposes of this section—\n\t(a)\tmay provide—\n\t(i)\tfor different amounts of invalidity or death insurance depending on a person's age or occupation, or whether the person was employed on a full time, part time or casual basis, or on any other relevant factor; and\n\t(ii)\tfor annual increases in the amount of invalidity or death insurance for the benefit of persons who wish to have annual increases in their insurance; and\n\t(iii)\tfor the amount of premiums to be fixed by the Board; and\n\t(b)\tmay make different provision according to the various classes of members, matters or circumstances to which they are expressed to apply; and\n\t(c)\tmay provide that specified members or spouse members, or members or spouse members of a specified class, cannot apply for, or are not entitled to, invalidity insurance, death insurance or income protection.\n23—Rollover of money from other funds or schemes\nMoney that is rolled over to the Triple S scheme from another superannuation fund or scheme must be paid to the Treasurer.\n23A—Unclaimed superannuation benefits\n\t(1)\tIf an amount of the Fund is attributable to an unclaimed superannuation benefit of a member or spouse member, the Treasurer may, in accordance with any relevant law of the Commonwealth, pay an amount equal to the unpaid superannuation benefit from the Consolidated Account to the Commissioner of Taxation.\n\t(2)\tThe Treasurer must reimburse the Consolidated Account by charging the Fund with the amount of the unclaimed superannuation benefit.\n\t(3)\tThe Board must then close all accounts maintained by the Board in the name of the member or spouse member, after which—\n\t(a)\the or she will cease to be a member or spouse member; and\n\t(b)\this or her rights in relation to superannuation under this Act will be taken to have been exhausted and no derivative rights will exist in relation to him or her under this Act.\n\t(4)\tIn this section—\nunclaimed superannuation benefit means an amount of money that is taken by Part 3 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth to be unclaimed money.\n24—Employer benefits and contributions if person on leave without pay\nIf a person whose employer is required to pay an amount on behalf of the person under section 21 is on leave without pay, the Minister may, at the request of the employing authority, direct that section 21 and any relevant provision of the regulations relating to employer contributions will apply in relation to the person as though he or she were not on leave without pay and, for that purpose, the person will be taken to be receiving the salary that he or she would have received if he or she were not on leave without pay.\n25—Review of Board's decision\n\t(1)\tA person who is dissatisfied with a decision of the Board under this Act may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 or the Board.\n\t(1a)\tAn application for review may be made to the Tribunal or the Board (as the case may be) within 3 months after the person receives notice of the decision.\n\t(2)\tOn a review by the Board, the Board may substitute another decision for its original decision or confirm its original decision.\n26—Power to obtain information\n\t(1)\tThe Board may, from time to time, require an employing authority, a workers compensation authority, a member or a spouse member to supply the Board with any information that it reasonably requires for the purposes of this Act.\n\t(2)\tThe Board may require a member or spouse member to verify information supplied under this section or any other provision of this Act by statutory declaration.\n\t(3)\tA person who—\n\t(a)\tfails to comply with a requirement under subsection (1); or\n\t(b)\tsupplies information under this section or any other provision of this Act that is false or misleading in a material particular,\nis guilty of an offence.\nMaximum penalty: $20 000.\n\t(4)\tIf an employing authority fails to supply information to the Board in accordance with a requirement under subsection (1) within 7 days of the requirement (or such longer period as the Board allows), the employer is liable to pay to the Treasurer a penalty (not exceeding the amount calculated in accordance with the following formula) fixed by the Board:\n\nwhere—\nA is the amount\nCP is the charge percentage applicable under the Commonwealth Act in respect of the month in which the Board required the information\nS is the aggregate amount of salary paid or payable by the employer to all of its employees who are members of the scheme during the month in which the Board required the information.\n\t(5)\tIn subsection (4)—\nemployer means—\n\t(a)\tan administrative unit in which members of the scheme are employed; or\n\t(b)\tan agent or instrumentality of the Crown, or other person or body, that employs members of the scheme.\n\t(6)\tFor the purposes of any other Act or law, a workers compensation authority will be taken, when acting under this section, to be disclosing information in the course of official duties.\n\t(7)\tIn this section—\nworkers compensation authority includes any person or authority with power to determine or manage claims for workers compensation.\n27—Delegation by Board\n\t(1)\tThe Board may delegate any of its powers or functions under this Act (except this power of delegation) to any person or body.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tdoes not derogate from the power of the Board to act in any matter; and\n\t(d)\tis revocable at will by the Board.\n28—Confidentiality\n\t(1)\tA member or former member of the Board or the board of directors of the Superannuation Funds Management Corporation of South Australia, or a person employed or formerly employed in the administration of this Act or the repealed Act, must not divulge information of a personal or private nature, or information as to the entitlements or benefits of a person under this Act except—\n\t(a)\tas required by or under an Act of the State or the Commonwealth; or\n\t(b)\tto, or with the consent of, that person; or\n\t(c)\tto that person's employing authority; or\n\t(ca)\tto a person responsible for the administration of a fund—\n\t(i)\tthat is a selected fund for the purposes of a fund selection; or\n\t(ii)\tto which amounts are to be, or have been, transferred on behalf of a member under Part 3A,\nfor purposes related to the administration of this Act; or\n\t(d)\tto another person for purposes related to the administration of this Act; or\n\t(e)\tas may be required by a court or the Tribunal.\nMaximum penalty: $10 000.\n\t(2)\tA member or former member of the Board or the board of directors of the Superannuation Funds Management Corporation of South Australia, or a person employed or formerly employed in the administration of this Act or the repealed Act, must not divulge information if to do so is inconsistent with a requirement imposed on the trustee of an eligible superannuation plan under Part VIIIB of the Family Law Act 1975 of the Commonwealth.\nMaximum penalty: $10 000.\n\t(3)\tThis section does not prevent the disclosure of statistical or other information related to members or spouse members generally or to a class of members or spouse members rather than to an individual member or spouse member.\n29—Resolution of difficulties\n\t(1)\tIf, in the opinion of the Board, any doubt or difficulty arises in the application of this Act or the regulations to particular circumstances or the provisions of this Act or the regulations do not address particular circumstances that have arisen, the Board may give such directions as are reasonably necessary to resolve the doubt or difficulty or to address the circumstances (but only insofar as the Board determines it to be fair and reasonable in the circumstances) and any such direction will have effect according to its terms.\n\t(2)\tIf, in the opinion of the Board—\n\t(a)\ta time limit under this Act or the regulations should be extended in particular circumstances; or\n\t(b)\ta procedural step under this Act or the regulations should be waived in particular circumstances,\nthe Board may extend the time limit (even if it has already expired) or waive compliance with the procedural step.\n\t(3)\tIn determining whether to take action under subsection (2), the Board should have regard to—\n\t(a)\tin a case under subsection (2)(a)—\n\t(i)\tthe length of delay that has occurred; and\n\t(ii)\tthe explanation for the delay; and\n\t(iii)\tany hardship that will occur if the time limit is not extended; and\n\t(iv)\tthe extent to which it will cause any unfairness if the time limit is not extended; and\n\t(v)\tany other relevant factor;\n\t(b)\tin a case under subsection (2)(b)—\n\t(i)\tthe conduct of the person who would benefit from the action; and\n\t(ii)\tany hardship that will occur if the procedural step is not waived; and\n\t(iii)\tthe extent to which it will cause any unfairness if the procedural step is not waived; and\n\t(iv)\tany other relevant factor.\n\t(4)\tSubsections (2) and (3) do not derogate from any other provision of this Act or the regulations that makes specific provision for the extension of time.\n\t(5)\tIf the Board gives a direction under subsection (1), or extends a time limit or waives compliance with a procedural step under subsection (2), the Board's report to the Minister in respect of the financial year in which the Board takes that action must include details of the action.\n30—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), regulations may be made in relation to—\n\t(a)\tadministration of the scheme; and\n\t(b)\tcontributions to be made to the Fund; and\n\t(c)\tcharges to be made against the Fund; and\n\t(d)\taccounts and other records to be kept by the Board; and\n\t(e)\tbenefits and how and when they are paid or dealt with; and\n\t(f)\tthe division under the Family Law Act 1975 of the Commonwealth of superannuation interests between spouses who have separated; and\n\t(g)\tprovision by the Board of investment services and other products and services (including through the Superannuation Funds Management Corporation of South Australia and including for the benefit of persons who have retired or otherwise ceased to be employed); and\n\t(h)\tthe establishment and management of separate funds or accounts relating to investment of the money received or held by the Board in the provision of investment or other services.\n\t(3)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; or\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; or\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Board.\n\t(4)\tA regulation under this Act may provide for administrative charges to be fixed by the Board and for different charges to be fixed depending on the balance of members' accounts or spouse members' accounts or any other relevant factor.\n\t(4a)\tHowever, charges may not be fixed in connection with the making of a fund selection.\n\t(5)\tA regulation under this Act may make any provision that is necessary in view of the provisions of Part VIIIB of the Family Law Act 1975 of the Commonwealth, including by modifying the operation of any provision of this Act in prescribed circumstances in order to ensure that this Act operates in a manner that is consistent with, and complementary to, the requirements of that Commonwealth Act.\n\t(6)\tA regulation under this Act may modify the operation of— \n\t(a)\ta provision of the Superannuation Act 1988 in its application to members of the State Scheme who are also members of the Triple S scheme; or\n\t(b)\ta provision of the Police Superannuation Act 1990 in its application to members of the Police Superannuation Scheme who are also members of the Triple S scheme.\n\t(9)\tA regulation under this Act may not reduce the amount of a person's accrued benefits unless the regulation is necessary—\n\t(a)\tto ensure compliance with a law of the Commonwealth; or\n\t(b)\tto rectify a mistake; or\n\t(c)\tto facilitate the division under the Family Law Act 1975 of the Commonwealth of superannuation interests between spouses who have separated.\n\t(10)\tRegulations that—\n\t(a)\twill or may affect the financial rights or obligations of the Crown under this Act; or\n\t(b)\trelate to a matter referred to in subsection (2)(g),\ncannot be made under this section unless they have been approved by the Treasurer.\n\t(11)\tA regulation must not be made under this Act unless the Minister has consulted with the Board on the proposed regulation and given due regard to any submission made by the Board in relation to the matter.\nSchedule 1—Transitional provisions\nPart 6—Transitional provisions\n9—Interpretation\nIn this Part—\nnew scheme means the Southern State Superannuation Scheme continued in existence under this Act;\nold scheme means the Southern State Superannuation Scheme under the repealed Act;\nrelevant day means the day on which the Southern State Superannuation Act 1994 is repealed.\n10—Southern State Superannuation (Employers) Fund\n\t(1)\tThe Southern State Superannuation (Employers) Fund is dissolved and the money constituting that Fund immediately before the relevant day is incorporated into the Southern State Superannuation Fund continued in existence under this Act.\n\t(2)\tThe balance of a member's employer contribution account immediately before the relevant day is credited to the member's contribution account.\n11—Balances of accounts\n\t(1)\tAn account maintained by the Board for the purposes of the old scheme immediately before the relevant day (other than an employer contribution account) is to be continued under the new scheme until such time as the Board is no longer required under this Act to maintain the account.\n\t(2)\tSubject to clause 10(2), the balance on the relevant day of an account continued under the new scheme is to be equivalent to the balance of the account immediately before that day.\n12—Former members of Police Superannuation Scheme\n\t(1)\tThis clause applies to a person who became a member of the Triple S scheme by virtue of section 14(2a) of the repealed Act if the member has not made a fund selection.\n\t(2)\tIf the member—\n\t(a)\tmade contributions as a deduction from salary under the repealed Act at the applicable percentage from 1 July 2008 until the relevant day; and\n\t(b)\tmade contributions as a deduction from salary under this Act at the applicable percentage from the day on which this clause commenced until the designated day; and\n\t(ba)\tmakes—\n\t(i)\tcontributions as a deduction from salary under this Act at the applicable percentage; or\n\t(ii)\tsalary sacrifice contributions under this Act at the applicable percentage,\nfrom the designated day until his or her retirement from employment,\nhe or she is entitled, on that retirement, to—\n\t(c)\tthe benefits to which he or she would, but for this subclause, be entitled on retirement under the regulations; or\n\t(d)\tbenefits determined in accordance with the method prescribed by regulation,\nwhichever is the greater.\n\t(3)\tFor the purposes of subclause (2)—\n\t(a)\tthe applicable percentage is—\n\t(i)\tin relation to contributions made by a member as a deduction from salary—a percentage equal to the rate at which the member was required to contribute under the Police Superannuation Act 1990 immediately before 1 July 2008; and\n\t(ii)\tin relation to salary sacrifice contributions made by a member—a percentage determined by dividing the rate at which the member was required to contribute under the Police Superannuation Act 1990 immediately before 1 July 2008 by—\n\t(A)\t.85; or\n\t(B)\tif another amount is prescribed by regulation for the purposes of this paragraph—that amount; and\n\t(ab)\tthe designated day is the day on which section 9 of the Statutes Amendment (Superannuation) Act 2015 came into operation; and\n\t(b)\ta member retires from employment if—\n\t(i)\tthe member has reached the retirement age (within the meaning of the regulations); and\n\t(ii)\tthe member's employment terminates or is terminated for any reason (except the member's death) and no insurance benefit is payable under this Act in connection with that termination; and\n\t(c)\tif amounts standing to the credit of 1 or more accounts maintained by the Board on behalf of a member have been transferred to another fund under section 21B, the benefits to which the member would, but for subclause (2), be entitled under the regulations are to be determined as if no such transfer had occurred.\n\t(4)\tIf benefits are to be paid to the member under subclause (2)(d), the Treasurer must pay into the Fund from the Consolidated Account (which is appropriated to the necessary extent) the amount by which the amount of benefits payable to the member under that subclause exceeds the amount of benefits to which he or she would have been entitled under the regulations if subclause (2) did not apply.\n\t(5)\tIf, by virtue of Schedule 3 Part 2 clause 16(1) of the repealed Act, section 24 of the Police Superannuation Act 1990 (the repealed section) (other than subsection (8)) is, immediately before the relevant day, taken to continue in force in relation to a disability pension received by the member, the following provisions apply:\n\t(a)\tthe repealed section (other than subsection (8)) will be taken to continue in force in relation to the pension as if the member were a contributor within the meaning of that section (but the member will not be required to make contributions under the Police Superannuation Act 1990);\n\t(b)\tthe member will not be entitled to a disability pension under this Act in respect of the incapacity that gave rise to the entitlement to the pension.\n\t(6)\tHowever, if the Police Superannuation Act 1990 was, immediately before the relevant day, taken to continue in force in relation to the member by virtue of Schedule 3 Part 2 clause 16(2) of the repealed Act—\n\t(a)\tSchedule 3 Part 2 clause 15(2) to (10) (inclusive) of the repealed Act (the relevant provisions) will operate in relation to the member on and from (but not before) the relevant day as if the relevant provisions were still in force, subject to the following modifications:\n\t(i)\ta reference in the relevant provisions to the prescribed date is to be taken to be a reference to the relevant day;\n\t(ii)\tthe Board will not be required to establish an employer contribution account in the name of the member;\n\t(iii)\tthe amount that would constitute the balance of the member's employer contribution account under clause 15(4) if the Board were required to establish such an account is to be credited to the member's contribution account; and\n\t(b)\tSchedule 3 Part 2 clause 20 of the repealed Act will be taken to continue in force insofar as that clause is relevant to the establishment of contribution and rollover accounts by the Board under the relevant provisions; and\n\t(c)\tsubclause (2) (other than paragraph (a)) will apply to the member on and from the relevant day; and\n\t(d)\tthe costs associated with—\n\t(i)\tdetermining the balances of accounts under the Police Superannuation Act 1990; and\n\t(ii)\testablishing, and determining the balances of, new accounts under this Act; and\n\t(iii)\ttransferring Police Superannuation Scheme contributors to the Triple S scheme; and\n\t(iv)\tany other administrative act required under, or necessary or expedient for the purposes of, this clause,\nwill be recoverable from the Police Superannuation Fund.\n13—Children in receipt of pension under Police Superannuation Act 1990\n\t(1)\tIf a person was, immediately before 1 July 2008, an eligible child in receipt of a pension payable under section 26 of the Police Superannuation Act 1990 (the repealed section), the pension will continue to be paid to the child throughout any period of dependency as if that Act had not been amended by the Statutes Amendment (Police Superannuation) Act 2008.\n\t(2)\tDespite section 14 of the Police Superannuation Act 1990, a pension to be paid under the repealed section pursuant to this clause is not to be charged against the Police Superannuation Fund.\n14—Amounts preserved for certain contributors to Police Superannuation Scheme\nIf—\n\t(a)\tthe Board is maintaining a rollover account for a member who is a former contributor to the Police Superannuation Scheme; and\n\t(b)\tthe account was established under Schedule 3 Part 2 clause 19(1) or (2) of the repealed Act,\nthe provisions of the regulations applicable to amounts preserved by members on resignation from employment before reaching the retirement age (within the meaning of the regulations) will apply in relation to the amount standing to the credit of the account as if the amount were a component preserved by the member under the regulations.\n15—Operation of nominations and elections under old scheme\n\t(1)\tSubject to this clause, if a nomination or election made by a member or spouse member for a particular purpose under the old scheme is operative immediately before the relevant day, the member or spouse member will be taken to have made the same nomination or election for that purpose under the new scheme.\n\t(2)\tHowever, a nomination by a member of a class of investments, or a combination of classes of investments, for the purpose of determining a rate of return in respect of an employer contribution account maintained for the member under the old scheme will be taken to be a nomination by the member of a class of investments, or a combination of classes of investments, for the purpose of determining a rate of return in respect of the contribution account maintained for the member under the new scheme.\n16—Insurance and disability pension\n\t(1)\tInsurance cover enjoyed by a member or other person under the old scheme immediately before the relevant day continues under the new scheme at the same level and, subject to the regulations, with the same terms and conditions.\n\t(2)\tA disability pension payable to a member immediately before the relevant day continues to be payable to the member, subject to the regulations, with the same terms and conditions.\n16B—Recognition of prior membership\nIf—\n\t(a)\tthe Crown, or an agency or instrumentality of the Crown, has, before the commencement of paragraph (a)(ii) of section 19(1) (as inserted by the Statutes Amendment (Superannuation) Act 2014), paid an amount to the Treasurer in relation to a person as if it were required to pay the amount under section 21 or under section 26 of the repealed Act; but\n\t(b)\tthe person was not, at the time of the payment, a member of the Triple S scheme because the Crown, agency or instrumentality was not liable to pay a superannuation guarantee charge under the Commonwealth Act in relation to the person,\nthe person will be taken to have become a member of the Triple S scheme on the day on which the first such payment was made.\n17—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act or on the amendment of this Act by another Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides—\n\t(a)\tin the case of a regulation consequent on the enactment of this Act—take effect from the commencement of this Act or from a later day; and\n\t(b)\tin the case of a regulation consequent on the enactment of an amendment to this Act—take effect from the commencement of the amendment or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Southern State Superannuation Act 2009 repealed the following:\nSouthern State Superannuation Act 1994\nLegislation amended by principal Act\nThe Southern State Superannuation Act 2009 amended the following:\nPolice Superannuation Act 1990\nSubordinate Legislation Act 1978\nSuperannuation Funds Management Corporation of South Australia Act 1995\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n27\n Southern State Superannuation Act 2009\n11.6.2009\n1.8.2009 (Gazette 23.7.2009 p3282)\n2012\n37\n Statutes Amendment and Repeal (Superannuation) Act 2012\n25.10.2012\nPt 5 (ss 13, 14, 16 & 17)—19.11.2012 (Gazette 15.11.2012 p5007); s 15—15.6.2014 (Gazette 12.6.2014 p2485)\n2014\n18\n Statutes Amendment (Superannuation) Act 2014\n20.11.2014\nPt 4 (ss 6—9)—20.11.2014\n2015\n18\n Statutes Amendment (Superannuation) Act 2015\n6.8.2015\nPt 3 (ss 5—9)—27.8.2015 (Gazette 27.8.2015 p3947)\n2017\n13\n Statutes Amendment (Registered Relationships) Act 2017\n26.4.2017\nPt 12 (ss 18 & 19)—1.8.2017 (Gazette 1.8.2017 p3039)\n2017\n40\n Southern State Superannuation (Parental Leave) Amendment Act 2017\n10.10.2017\n19.11.2012 immediately after s 13 of 37/2012: s 2\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 44 (ss 231 to 236)—5.7.2018 (Gazette 28.6.2018 p2618)\n2019\n46\n Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 17 (s 37)—1.5.2020 (Gazette 30.4.2020 p838)\n2021\n16\n Statutes Amendment (Fund Selection and Other Superannuation Matters) Act 2021\n20.5.2021\nPt 2 (ss 4 to 14)—30.11.2022 (Gazette 3.2.2022 p193)\n2025\n79\nStatutes Amendment (Superannuation and Other Payments) Act 2025\n4.12.2025\nPt 6 (ss 37 & 38)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n19.11.2012\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n19.11.2012\ns 3\n\n\ns 3(1)\n\n\nemploying authority\namended by 16/2021 s 4(1)\n30.11.2022\nfund\ninserted by 16/2021 s 4(2)\n30.11.2022\nfund selection\ninserted by 16/2021 s 4(2)\n30.11.2022\nnon-monetary salary\namended by 16/2021 s 4(3)\n30.11.2022\nparticipating employer\namended by 18/2014 s 6\n20.11.2014\nregistered relationship\ninserted by 13/2017 s 18\n1.8.2017\nsalary\namended by 37/2012 s 13(1)—(3)\n19.11.2012\n\n(ba) deleted by 40/2017 s 4\n19.11.2012\n\namended by 16/2021 s 4(4), (5)\n30.11.2022\nsalary sacrifice contribution\ninserted by 18/2015 s 5\n27.8.2015\n\namended by 16/2021 s 4(6)—(8)\n30.11.2022\nTribunal\ninserted by 51/2017 s 231\n5.7.2018\ns 3(2)\namended by 16/2021 s 4(9)\n30.11.2022\ns 3(3)\namended by 16/2021 s 4(10)\n30.11.2022\ns 5\n\n\ns 5(1)\namended by 16/2021 s 5(1)\n30.11.2022\ns 5(2)\namended by 16/2021 s 5(2)\n30.11.2022\ns 5(3)\namended by 18/2015 s 6(1)\n27.8.2015\n\namended by 16/2021 s 5(3)—(9)\n30.11.2022\ns 5(4)\ninserted by 18/2015 s 6(2)\n27.8.2015\nprescribed member\ndeleted by 16/2021 s 5(10)\n30.11.2022\nprescribed person\ninserted by 16/2021 s 5(10)\n30.11.2022\ns 7\n\n\ns 7(1)\namended by 13/2017 s 19(1)\n1.8.2017\n\namended by 46/2019 s 37(1)\n1.5.2020\n\n(b) deleted by 46/2019 s 37(2)\n1.5.2020\ns 7(2)\nsubstituted by 13/2017 s 19(2)\n1.8.2017\n\namended by 51/2017 s 232(1)\n5.7.2018\ns 7(2a)\ninserted by 13/2017 s 19(2)\n1.8.2017\ns 7(3)\namended by 51/2017 s 232(2), (3)\n5.7.2018\ns 7(4)\namended by 51/2017 s 232(4)\n5.7.2018\ns 7(5)\namended by 51/2017 s 232(5)\n5.7.2018\ns 8\n\n\ns 8(4)\namended by 51/2017 s 233(1), (2)\n5.7.2018\ns 10\n\n\ns 10(6)\namended by 79/2025 s 37\n4.12.2025\nPt 3\n\n\ns 15\n\n\ns 15(1a)\ninserted by 16/2021 s 6\n30.11.2022\ns 19\n\n\ns 19(1)\namended by 18/2014 s 7\n20.11.2014\ns 19(2)\nsubstituted by 16/2021 s 7\n30.11.2022\ns 19(4) and (5)\ninserted by 79/2025 s 38\n4.12.2025\ns 20\n\n\ns 20(1)\namended by 18/2015 s 7(1)\n27.8.2015\n\namended by 16/2021 s 8(1), (2)\n30.11.2022\ns 20(1a)\ninserted by 18/2015 s 7(2)\n27.8.2015\ns 20(1b) and (1c)\ninserted by 16/2021 s 8(3)\n30.11.2022\ns 20(2)\namended by 16/2021 s 8(4)\n30.11.2022\ns 21\n\n\ns 21(1)\namended by 16/2021 s 9(1)—(4)\n30.11.2022\ns 21(1a)\ninserted by 16/2021 s 9(5)\n30.11.2022\ns 21(2)\nsubstituted by 18/2015 s 8\n27.8.2015\n\namended by 16/2021 s 9(6)—(9)\n30.11.2022\ns 21(3a) \ninserted by 37/2012 s 14(1)\n19.11.2012\n\nsubstituted by 16/2021 s 9(10)\n30.11.2022\ns 21(3b)\ninserted by 37/2012 s 14(1)\n19.11.2012\n\ndeleted by 16/2021 s 9(10)\n30.11.2022\ns 21(5)\n\n\napproved clearing house\ninserted by 16/2021 s 9(11)\n30.11.2022\ndesignated superannuation authority\ninserted by 16/2021 s 9(11)\n30.11.2022\nemployer\namended by 16/2021 s 9(12)\n30.11.2022\nmaximum contribution base\ninserted by 16/2021 s 9(13)\n30.11.2022\nprescribed person\ninserted by 16/2021 s 9(13)\n30.11.2022\nprescribed scheme\ninserted by 37/2012 s 14(2)\n19.11.2012\n\ndeleted by 16/2021 s 9(13)\n30.11.2022\nPt 3A\ninserted by 16/2021 s 10\n30.11.2022\nPt 4\n\n\ns 23A\ninserted by 37/2012 s 15\n15.6.2014\ns 24\namended by 16/2021 s 11(1), (2)\n30.11.2022\ns 25\n\n\ns 25(1)\nsubstituted by 51/2017 s 234(1)\n5.7.2018\ns 25(1a)\ninserted by 51/2017 s 234(1)\n5.7.2018\ns 25(2)\namended by 51/2017 s 234(2)\n5.7.2018\ns 28\n\n\ns 28(1)\namended by 18/2014 s 8\n20.11.2014\n\namended by 51/2017 s 235\n5.7.2018\n\namended by 16/2021 s 12\n30.11.2022\ns 30\n\n\ns 30(4a)\ninserted by 16/2021 s 13\n30.11.2022\ns 30(7) and (8)\ndeleted by 37/2012 s 16(1)\n19.11.2012\ns 30(12)\ndeleted by 37/2012 s 16(2)\n19.11.2012\nSch 1\n\n\nPts 1—5\nomitted under Legislation Revision and Publication Act 2002\n19.11.2012\nPt 6\n\n\ncl 12\n\n\ncl 12(1)\namended by 16/2021 s 14(1)\n30.11.2022\ncl 12(2)\namended by 18/2015 s 9(1)\n27.8.2015\ncl 12(3)\namended by 18/2015 s 9(2)\n27.8.2015\n\namended by 16/2021 s 14(2)\n30.11.2022\ncl 16A\ninserted by 37/2012 s 17\n19.11.2012\n\ndeleted by 40/2017 s 5\n19.11.2012\ncl 16B\ninserted by 18/2014 s 9\n20.11.2014\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 44\n236—Transitional provisions\n\t(1)\tA declaration of the District Court under section 7 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.\n\t(2)\tA reference in section 8 of the principal Act to an application under section 7 of the principal Act will, on and from the relevant day, be taken to include a reference to an application under section 7 made before the relevant day.\n\t(3)\tA right of appeal under section 25 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(4)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(5)\tIn this section—\nprincipal Act means the Southern State Superannuation Act 2009;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n19.11.2012\n\n15.6.2014\n\n20.11.2014\n\n27.8.2015\n\n1.8.2017\n\n5.7.2018\n\n1.5.2020\n\n30.11.2022\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original purpose of continuing a single public sector superannuation scheme. The 2021 amendments (Statutes Amendment (Fund Selection and Other Superannuation Matters) Act 2021) added Part 3A, which fundamentally transformed the scheme from a mandatory public sector fund into a system allowing members to direct contributions to external funds. This represents a major shift from a closed public sector scheme to a portable, choice-based system while maintaining the Triple S scheme as a default option. Additionally, the Act now interacts extensively with Commonwealth superannuation law and family law, and includes complex transitional provisions preserving rights from multiple predecessor schemes (Police Superannuation Scheme, State Scheme)."},"complexity_factors":["Multiple defined terms in section 3 (approximately 30+ definitions), including nested definitions like 'prescribed person' within section 5","Extensive cross-referencing between Parts, particularly between Part 3 (Membership) and Part 3A (Portability and Fund Selection)","Conditional logic with multiple exceptions, such as section 19(2) excluding certain persons from membership subject to section 21G and regulations","Mathematical formulas for calculating employer contributions (section 21) with conditional modifications (section 21(1a))","Nested exceptions in Part 3A regarding fund selection eligibility (sections 21C, 21D, 21F)","Transitional provisions in Schedule 1 that preserve rights under repealed legislation and modify their operation","Interaction with multiple Commonwealth Acts (Superannuation Guarantee, Superannuation Industry Supervision Act, Family Law Act, etc.) requiring knowledge of external law","Special provisions for police members with different contribution rates and conditions (sections 5, 20)","Regulation-making powers that modify the Act's operation (sections 19(3), 30(5), 30(6))","Multiple types of accounts (contribution, rollover, co-contribution, spouse accounts) with different rules for each"],"plain_english_summary":"**What this law does:**\n\nThis Act continues and governs the **Southern State Superannuation Scheme** (also called the \"Triple S scheme\") — a contributory superannuation (retirement savings) scheme for public sector employees in South Australia.\n\n**Who it affects:**\n\n*   **Public sector employees** in South Australia, including those employed by the Crown, government agencies, and certain approved employers.\n*   **Police officers** who are members of the scheme (with special rules).\n*   **Spouses and de facto partners** (including \"putative spouses\") of members, who may have entitlements under the scheme.\n*   **Employers** in the public sector who must make contributions on behalf of their employees.\n\n**Key things the law covers:**\n\n*   **Membership:** Sets out who can join the scheme and how (including automatic membership for many public sector workers, and voluntary membership for others).\n*   **Contributions:** Requires members to contribute a percentage of their salary, and requires employers to contribute as well (with different rates depending on how much the employee contributes).\n*   **Fund choice (Part 3A):** Allows members to direct their employer contributions to a different superannuation fund of their choice (\"fund selection\"), rather than keeping them in Triple S. Members can also transfer (\"roll over\") their existing Triple S balance to another fund.\n*   **Benefits:** Provides for payment of retirement benefits, insurance benefits (death and disability cover), and income protection.\n*   **Administration:** Establishes the **South Australian Superannuation Board** to administer the scheme (except investment management, which is handled by the **Superannuation Funds Management Corporation of South Australia**).\n*   **Accounts:** Requires the Board to maintain individual accounts for members (contribution accounts, rollover accounts, and co-contribution accounts for government low-income super contributions).\n*   **Portability:** Allows members to transfer their superannuation to other funds.\n*   **Family law:** Makes provisions for dividing superannuation interests when couples separate.\n\n**Why it matters:**\n\nThis law ensures public sector workers in South Australia have a structured way to save for retirement, with employer contributions, insurance protection, and flexibility to choose where their superannuation is invested or held. It balances the government's role as employer with individual choice about superannuation arrangements."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. Since the original 1994 scheme the Act has been materially expanded beyond a simple continuation/administration statute. Most notably, Part 3A (ss 21A–21I) introduces portability and a statutory right for eligible members to direct employer contributions to other complying funds (fund selection). That addition shifts the Act from purely preserving a Crown‑administered collection of member accounts toward enabling member choice and contribution flow to external funds. Other scope-expanding changes include detailed rules accommodating salary sacrifice and designated classes (amendments to ss 5 and 20), recognition of registered relationships for spouse entitlements (s 3/7 amendments), and a wider regulatory framework for transfers and membership declarations (s 19(3)–(4), s 30). These amendments extend the Act’s practical reach into member mobility, employer operational duties and inter‑fund competition, increasing administrative and regulatory complexity compared with the original, narrower purpose of continuing the Triple S scheme."},"complexity_factors":["Extensive interpretation section with many defined terms (s 3) creating detailed conditional definitions (e.g. \"prescribed person\", \"salary sacrifice contribution\").","Multiple Parts and Divisions including a recent separate Part (Part 3A) that adds portability and fund selection rules (ss 21A–21I).","Heavy delegation to regulations for core matters (contribution percentage, membership classes, accounts, benefits, eligibility) (s 5, s 19(3), s 12(2), s 30).","Numerous cross-references to Commonwealth legislation (Superannuation Guarantee (Administration) Act 1992; SIS Act 1993; Family Law Act 1975) increasing external legal dependencies (ss 3, 5, 21A).","Many exceptions and conditional rules (e.g. special rules for police members, prescribed classes, minimum balances for rollovers, instruments preventing dealing) (s 5(3)–(4), s 21B(2)–(6), s 19(2)).","Significant administrative and procedural complexity: multiple account types (contribution, rollover, co‑contribution, spouse accounts), unitisation and investment choice mechanisms (ss 12–15).","Transitional and savings Schedule with multiple clauses preserving legacy arrangements and linking to prior Acts (Schedule 1, Pt 6).","Multiple enforcement and penalty provisions scattered through the Act with different thresholds (criminal publication penalty, civil penalties for employers, $20,000 penalty for false information) (ss 8, 21(3), 26).","Amendment history shows iterative changes over time (insertions and substitutions across many sections), increasing interpretive complexity for current scope (legislative history entries)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Continues and governs the Southern State Superannuation Scheme (known as the Triple S scheme) for people employed by the Crown or by employers who have arranged to participate in the scheme (s 4, s 3(3)).\n- Keeps a dedicated employer/employee superannuation fund (the Southern State Superannuation Fund). The Fund’s assets legally belong to the Crown and its investment and valuation are managed by the Superannuation Funds Management Corporation of South Australia (s 10–11). The Treasurer credits and charges money to the Fund and the Consolidated Account when benefits are paid (s 10(4), s 18).\n- Requires employers to pay a percentage of an employee’s salary into the employee’s superannuation arrangements (the “employer contribution percentage”), with the precise percentages set by regulation or by formula in the Act where regulations do not fix the rate (s 5, s 21). Employers must make those payments to the Treasurer (or, if a member has validly directed otherwise, to a selected complying superannuation fund) within specified timeframes (s 21, Part 3A).\n- Establishes how contribution, rollover and co‑contribution accounts are kept for each member, how accounts are adjusted for investment earnings, and that members’ interests are represented by units (s 12–15).\n- Provides members options for investment allocation where the Fund has multiple investment classes; the Board may allow members to nominate an investment class (s 14).\n- Sets out insurance arrangements to be provided through the scheme (death, invalidity, income protection) on terms determined by regulation (s 22). The Minister must obtain actuarial reports on the cost and funding of insurance benefits on a periodic basis (s 17).\n- Permits members to transfer (rollover) amounts standing to their credit in the Board’s accounts to a complying superannuation fund, subject to minimum balance rules and other limitations (s 21B). It also creates a statutory right for eligible members to direct (make a “fund selection”) that their employer’s compulsory contributions be paid to an eligible external complying fund instead of the Treasurer/Triple S (Part 3A: ss 21A–21I). Employers have procedural obligations to give notices and to start contributions to the selected fund within a prescribed period (s 21C–21E).\n- Provides administrative powers and duties: the South Australian Superannuation Board administers (except investment), must report annually, keeps accounts subject to audit, may delegate functions, and may require information from employers and members (s 9, s 15–16, s 26–27).\n- Contains compliance and enforcement features: penalties against employers for late payments or failing to supply information, criminal penalties for improper publication of certain family‑status proceedings, confidentiality rules and a right to review Board decisions through the Tribunal (s 8, s 21(3), s 26, s 28–29, s 25).\n- Gives broad regulation‑making power to the Governor and detailed rule‑making by the Minister and Board in subordinate instruments (s 30). Regulations may govern membership classes, contribution rates, accounts, benefits, and many procedural matters; but regulations cannot reduce accrued benefits except in limited circumstances (s 30(9)).\n\n**Who it affects**\n\n- Primary: current and former public sector employees who are (or can be) members of the Triple S scheme (s 3, s 19).\n- Employers who are the Crown’s agencies, instrumentalities or other approved bodies that employ those people — they pay employer contributions and have reporting obligations (s 3, s 6, s 21, s 26).\n- Spouses (including de facto and registered relationship partners) of members where spouse accounts or spouse membership rules apply (s 3, s 7).\n- External complying superannuation funds and their trustees where members select an external fund (Part 3A).\n- The South Australian Superannuation Board, the Treasurer and the Superannuation Funds Management Corporation (who administer, account for and invest the Fund respectively).\n\n**Why it matters (practical mechanics and immediate incentives)**\n\n- It preserves a public sector defined contribution-style scheme framework with explicit employer contributions, central administration and Crown ownership of assets (s 4, s 10).\n- The Act creates and enforces the flow of money: members contribute (salary deductions or voluntary payments), employers make statutory payments based on the employer contribution percentage, the Treasurer channels money into and out of the Fund, and the SFMC invests the Fund’s assets (ss 5, 20, 21, 10–11). That structure determines who bears cash cost (employers ultimately via payroll budgets and the Consolidated Account) and who bears investment risk (members’ account balances adjusted by unit values, and the Fund’s net position for insurance costs) (s 12–13, s 10(6)).\n- The portability and fund selection rules (Part 3A) change members’ default channel for employer contributions: eligible members may direct compulsory employer contributions to another complying fund (ss 21C–21D). That shifts choice and potential competition for contributions away from the Crown‑administered Fund toward private or other complying funds, subject to eligibility and procedural rules.\n\n**Official purpose-claims and a practical test against costs, incentives and implementation risks**\n\n- Claimed purpose: to continue the Triple S scheme and provide for its administration and funding. Mechanically the Act does that by: continuing the scheme, establishing the Fund, defining employer/member contribution mechanics, and allocating administrative responsibilities (s 4, s 10–12, s 20–21).\n- Trade‑offs, costs and incentives:\n  - Who pays: employers (through statutory contributions fixed by regulation or by formula) and members (salary deductions or voluntary payments) fund the scheme; the Treasurer and Consolidated Account act as the payment conduit (s 5, s 20, s 21, s 18). Employers therefore have a direct payroll cost and an administrative duty to remit on time (s 21(1), (2)).\n  - Administrative and compliance burden: employers must report, may be liable for penalties for late payment or late provision of information, and may need to implement fund selections operationally and notify the Board (ss 21(3), 26(4), 21E, 21I). The Board must maintain multiple account types, unitise members’ interests, track rollovers and co‑contributions, and produce audited financial statements and annual reports (s 12–16). Those obligations impose measurable administrative costs on employers and the Board.\n  - Incentives for members: fund selection and portability allow members to direct employer contributions to other funds (Part 3A). That creates incentives for members to move to funds they prefer but may increase churn, transfer costs, or fragmentation of pooled assets (ss 21B–21D). Members also face minimum balance and legal encumbrance constraints when transferring (s 21B(2)–(6)).\n  - Choice vs central pooling: permitting fund selection reduces the central concentration of contributions in the Triple S Fund and transfers investment and administration to chosen external funds. That can lower scale for the Fund, changing fee and investment‑return dynamics, and shifts governance influence to selected external trustees (Part 3A; s 10–11). The Act provides protections (eligibility rules, employer obligations, reporting and an immunity for employers and the Board for following directions) to manage the switch (ss 21F, 21H, 21I).\n  - Regulatory dependence and discretion: many substantive operational details are left to regulations and to the Board or Minister (s 30). That concentrates practical discretion in delegated instruments and administrative practice, which speeds administrative adaptation but raises implementation risk if regulations or board rules are unclear or change frequently.\n  - Insurance funding risk: the Act requires periodic actuarial reports on insurance costs and funding (s 17), but insurance design and premium settings are delegated to regulation and the Board (s 22). Premium insufficiency or changing demographics could require Treasurer support or increased premiums (s 10(6)(b), s 17).\n\n**Implementation risks and likely friction points**\n\n- Employers’ payroll systems must be able to handle fund selection notices, salary sacrifice handling and payments to clearing houses or selected funds; failure risks penalties (s 21(1)–(3), s 21(3a)).\n- The Board has a wide discretionary power to make directions to resolve application difficulties and to extend time limits; this can create uncertainty unless policies are transparent (s 29).\n- Heavy reliance on regulations for categories of members, contribution rates, account rules and eligibility criteria means the practical scope of the Act can shift without primary‑law amendment (s 30). The Act mitigates risk by requiring consultation with the Board and Treasurer approval for regulation types that affect Crown financial rights (s 30(10)–(11)).\n\n**Concrete behavioural changes required by the Act**\n\n- Employers must remit employer contributions on a schedule determined by the Board and comply with fund selection directions where valid (s 21, Part 3A).\n- Members who want their employer contributions paid to another fund must submit a fund selection notice that meets form and information requirements and understand the constraints on rollovers and minimum balances (ss 21C–21D, 21B(2)–(5)).\n- The Board must keep detailed accounts, unitise interests, report annually, and administer rollovers and fund selections (ss 12–16, 21I).\n\n**Key legal protections and limits**\n\n- The Act forbids regulations that reduce accrued benefits except where necessary to comply with Commonwealth law, rectify mistakes, or facilitate family law division of superannuation (s 30(9)).\n- Employers and the Board are given statutory immunity for actions taken in compliance with fund selection directions (s 21H).\n- Confidentiality and restricted publication regimes protect the privacy of persons in putative spouse proceedings (ss 7–8) and impose penalties for improper disclosures related to scheme administration (s 28).\n\n**Bottom line**\n\nThe statute preserves a Crown‑administered public sector superannuation framework while creating structured choice for members to move contributions to complying external funds and allowing rollovers. The immediate effects are to fix the mechanics of contribution flows, centralise administrative and investment roles across the Treasurer, the Board and the Superannuation Funds Management Corporation, and to create regulatory pathways and employer duties for portability and fund selection. The principal trade‑offs are between member choice and administrative/operational complexity, and between central pooling of assets and the dispersion of contributions to external funds — with most detailed implementation left to regulations and Board practice (see s 30 and Part 3A)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope or any amendments — no legislative content was returned. The page provided is an error page from the SA Legislation website, not the Act itself."},"complexity_factors":["No substantive legislative text was retrievable — the source returned a 404 error page","Score reflects inability to assess actual provisions, not the Act itself","The Southern State Superannuation Act 2009 is generally understood to be a moderately complex piece of superannuation legislation, but no analysis of its provisions is possible from this input"],"plain_english_summary":"The Southern State Superannuation Act 2009 establishes and regulates the Southern State Superannuation Scheme (Triple S), setting rules for member and employer contributions, benefit calculations and payment of retirement entitlements for South Australian public sector employees. It affects current and former SA public servants, the SA Government as employer, and Super SA, and matters because it determines retirement income entitlements and employer obligations."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/southern-state-superannuation-act-2009","history":"/api/acts/southern-state-superannuation-act-2009/history","analysis":"/api/acts/southern-state-superannuation-act-2009/analysis","conflicts":"/api/acts/southern-state-superannuation-act-2009/conflicts","importantCases":"/api/acts/southern-state-superannuation-act-2009/important-cases","documents":"/api/acts/southern-state-superannuation-act-2009/documents"}}