{"id":"F2009B00077","name":"Superannuation Act 1990 - Designated Employers Determination No. 1 (15/09/1995)","slug":"superannuation-act-1990-designated-employers-determination-no-1-15-09-1995","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121321,"registerId":"commonwealth-F2009B00077-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1990 - Designated Employers Determination No. 1 (15/09/1995)","content":"DETERMINATION UNDER THE SUPERANNUATION ACT 1990\n\nI, DAVID LINDSAY, Assistant Secretary, Commonwealth Employees' Superannuation Branch, a delegate of the Minister for Finance, hereby make the following determination under subparagraph (1)(a)(ii) in section 3AA, \"designated employers\", of the Superannuation Act 1990.\n\n![](image.001.png)Dated 15 September 1995\n\n![](image.002.png)\n\nAssistant Secretary\n\nCommonwealth Employees' Superannuation Branch\n\n![](image.003.png)DETERMINATION UNDER SUBPARAGRAPH (1)(a)(ii) OF SECTION 3AA,\n\n\"DESIGNATED EMPLOYERS\", OF THE SUPERANNUATION ACT 1990\n\nCitation\n\n1\\. This Declaration may be cited as \"Designated Employers Determination No. 1\".\n\nDesignated Employers\n\n![](image.004.png)2\\. The designated employer referred to in subparagraph (1)(a)(ii) of section 3AA, \"designated employers\", of the Superannuation Act 1990 is the Department who pays the salary of that member referred to in Part 3 of that Act.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the narrow, technical function it was intended for: specifying the designated employer for superannuation purposes. It has not expanded beyond its original scope."},"complexity_factors":["Extremely short instrument (only 2 operative provisions)","Single defined concept ('designated employer') with straightforward definition","No cross-references beyond a single reference to the parent Act (Superannuation Act 1990)","No conditional logic, exceptions, or nested provisions","Simple declarative structure: 'The designated employer is...'"],"plain_english_summary":"This is a short legal instrument made in 1995 under the Superannuation Act 1990. It identifies which government department counts as the 'designated employer' for certain Commonwealth superannuation scheme members.\n\n**What it does:**\n- It names the **Department who pays the salary** of a member as the 'designated employer' for the purposes of the Superannuation Act 1990.\n- This matters because the 'designated employer' has specific obligations under the Act—such as making superannuation contributions and complying with certain administrative requirements on behalf of those employees.\n\n**Who it affects:**\n- Commonwealth public servants who are members of the superannuation scheme established under the Superannuation Act 1990 (primarily the Commonwealth Superannuation Scheme, or CSS).\n- The government departments that employ and pay these public servants.\n\n**Why it matters:**\n- Superannuation law requires clarity about which entity is legally responsible for an employee's superannuation. This determination settles that question: it's whichever department actually pays the salary.\n- This prevents confusion in situations where administrative arrangements might otherwise make it unclear which department bears the legal obligations."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination is declaratory and narrowly specifies which Department is the \"designated employer\" for members identified in Part 3 of the Superannuation Act 1990 by reference to who pays their salary (cl. 2). The text does not expand or narrow the statutory categories in section 3AA itself; it implements the statutory power by making a specific designation under that provision (introductory paragraph)."},"complexity_factors":["Very short, single-purpose instrument (one operative clause) limiting text complexity.","Depends on cross-reference to the Superannuation Act 1990 (section 3AA and Part 3) to determine practical effect.","Relies on an interpretive phrase — \"the Department who pays the salary of that member\" — which may require factual inquiry into payroll arrangements.","Exercise of delegated administrative power (Assistant Secretary acting as delegate) adds an administrative-law angle but no procedural complexity within the instrument itself.","No new substantive obligations or novel legal constructs created; it allocates status under an existing statutory framework."],"plain_english_summary":"This Determination names which Commonwealth department is to be treated as the \"designated employer\" under s3AA(1)(a)(ii) of the Superannuation Act 1990: the department that pays the salary of members referred to in Part 3. It affects those public‑sector members and allocates the statutory responsibilities and administrative costs to the paying department, is signed by an Assistant Secretary as Ministerial delegate, and does not alter private parties’ legal positions."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1990-designated-employers-determination-no-1-15-09-1995","history":"/api/acts/superannuation-act-1990-designated-employers-determination-no-1-15-09-1995/history","analysis":"/api/acts/superannuation-act-1990-designated-employers-determination-no-1-15-09-1995/analysis","conflicts":"/api/acts/superannuation-act-1990-designated-employers-determination-no-1-15-09-1995/conflicts","importantCases":"/api/acts/superannuation-act-1990-designated-employers-determination-no-1-15-09-1995/important-cases","documents":"/api/acts/superannuation-act-1990-designated-employers-determination-no-1-15-09-1995/documents"}}