{"id":"F1996B00183","name":"Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988","slug":"superannuation-benefit-interim-arrangement-continuous-service-regulations-1988","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"266 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28534,"registerId":"commonwealth-F1996B00183-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988","content":"![](image.001.png)\n\nSuperannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988\n\nStatutory Rules 1988 No. 266 as amended\n\nmade under the\n\nSuperannuation (Productivity Benefit) Act 1988\n\nThis compilation was prepared on 1 October 2005 \ntaking into account amendments up to SLI 2005 No. 207\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Classes of persons for determining qualifying service\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988.\n\n2 Classes of persons for determining qualifying service\n\nFor the purposes of paragraph 5 (2) (b) of the Superannuation (Productivity Benefit) Act 1988, each of the following classes of persons is prescribed:\n\n(a) persons employed on a relief basis by Aboriginal Hostels Limited (a company incorporated in the Australian Capital Territory) including persons employed:\n\n(i) to perform the functions of hostel managers and assistant hostel managers;\n\n(ii) as nurses; and\n\n(iii) to perform duties in relation to catering, cleaning and security;\n\n(b) persons employed in the Department of the Arts, Sport, the Environment, Tourism and Territories, in connection with the administration of the Australian Capital Territory, as:\n\n(i) Administrative Services Officers Class 1 (Assistants and Attendants) at community facilities; or\n\n(ii) Community Service Order Officers;\n\n(c) persons employed by the Australian Capital Territory Health Authority on a casual on-call basis;\n\n(d) persons employed by the A.C.T. Institute of Technical and Further Education other than on a full-time basis;\n\n(e) persons employed by the Australian Capital Territory Schools Authority on a relief basis as:\n\n(i) teachers; or\n\n(ii) school assistants to perform clerical functions;\n\n(f) persons employed in the Attorney-General’s Department:\n\n(i) as Casual Court Reporting Typists;\n\n(ii) as Casual Reporters; or\n\n(iii) on a part-time basis as attendants in a court or tribunal;\n\n(g) persons engaged by the Statistician under the Statistics Regulations to conduct interviews and perform other related functions to assist the Statistician in the collection of statistical information;\n\n(h) persons employed by the Australian Broadcasting Corporation on a part-time basis under:\n\n(i) the ABC General Order 12/D/1, Clause 14 of Journalists (ABC News) Award 1984; or\n\n(ii) the ABC General Order 12/D/1, Clause 14 of Musicians (ABC) Award 1985;\n\n(i) persons employed by the Australian Institute of Criminology on a temporary basis to provide research assistance to a particular employee or employees;\n\n(j) persons employed by the Australian Institute of Family Studies as specialist assistants;\n\n(k) persons employed by the Australian Maritime College on a temporary basis to perform academic or general functions;\n\n(l) persons employed by the Australian National Railways Commission on a full-time basis to carry out track maintenance or train operations or both;\n\n(m) persons employed in the Australian Taxation Office:\n\n(i) on a seasonal basis as Administrative Services Officers (Class 1) to perform general clerical functions or data entry functions or both; or\n\n(ii) on a relief basis as tea attendants;\n\n(n) persons employed by the Australian Telecommunications Commission as manual assistants;\n\n(o) persons employed on a part-time, temporary or fixed-term basis in connection with the performance of the functions and duties, and the excercise of the powers, of the Australian Trade Commission;\n\n(p) persons employed by the Canberra Institute of the Arts on a part-time, semester-by-semester basis as teachers;\n\n(q) persons employed in the Department of Finance on a relief basis as tea attendants;\n\n(r) persons employed in the Department of Immigration, Local Government and Ethnic Affairs on a relief basis as telephone interpreters for the Telephone Interpreter Service;\n\n(s) persons employed in the Department of the House of Representatives during Parliamentary sittings:\n\n(i) as Parliamentary Officers (Administrative Service Officers, Class 1 or 2) to perform keyboard work;\n\n(ii) as Parliamentary Security Attendants; or\n\n(iii) as casual keyboard staff;\n\n(t) persons employed in the Department of the Prime Minister and Cabinet during Parliamentary sittings to perform clerical and keyboard work for Parliamentary Liaison Officers;\n\n(u) persons employed in the Department of the Senate:\n\n(i) on a full-time or relief basis, during Parliamentary sittings, as Parliamentary Security Attendants, Grade 1; or\n\n(ii) on a full-time basis, during Parliament sittings, to assist Parliamentary committees;\n\n(v) persons employed in the Department of Transport and Communications on a relief basis:\n\n(i) as seagoing ships’ crew; or\n\n(ii) as lighthouse keepers;\n\n(w) persons employed by the Health Insurance Commission on a regular relief basis;\n\n(x) persons employed in the High Court of Australia:\n\n(i) while the Court is in session, as Court Reporting Typists; or\n\n(ii) as casual attendants;\n\n(y) persons appointed as Associate Commissioners of the Productivity Commission on a temporary, part-time basis;\n\n(z) persons employed in the Joint House Department:\n\n(i) during Parliamentary sittings as catering assistants or catering tradespersons; or\n\n(ii) on a part-time basis as guides;\n\n(za) persons employed by the Law Reform Commission on a part-time, relief basis as word processors;\n\n(zb) persons employed by the Special Broadcasting Service as:\n\n(i) editors, subtitlers or translators;\n\n(ii) Journalists, Grade A, B or A1;\n\n(iii) Broadcasters, Class 1, 2 or 3;\n\n(iv) Operational Officers, Grade 1, 2, 3 or 4;\n\n(v) Technical Officers, Grade 1 or 2;\n\n(vi) Senior Technical Officers, Grade 1, 2 or 3; or\n\n(vii) Administrative Service Officers;\n\n(zc) persons employed in the Office of the Supervising Scientist for the Alligator Rivers Region on a temporary basis to undertake routine laboratory, field and administrative duties;\n\n(zd) persons employed in the Department of Defence on a casual basis as:\n\n(i) bar attendants; or\n\n(ii) butchers; or\n\n(iii) catering attendants; or\n\n(iv) cleaners employed under the Naval Defence Act 1910; or\n\n(v) cleaners, general duties; or\n\n(vi) cooks; or\n\n(vii) head cooks; or\n\n(viii) gardeners; or\n\n(ix) gardener’s labourers; or\n\n(x) labourers; or\n\n(xi) assistant printers; or\n\n(xii) security officers; or\n\n(xiii) storemen; or\n\n(xiv) stores assistants;\n\n(ze) persons employed in Medicare Australia on a regular relief basis.\n\n> Notes to the Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988\n\n> Note 1\n\n> Note: The Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations 1988 (in force under the Superannuation (Productivity Benefit) Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 266 is amended as indicated in the Tables below.\n\n> Note: Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| ---------------- | --------------------------------------------------- | --------------------- | --------------------------------------------- |\n| 1988 No. 266 | 4 Nov 1988 | 4 Nov 1988 | |\n| 1989 No. 181 | 6 July 1989 | 6 July 1989 | — |\n| 1990 No. 43 | 27 Feb 1990 | 27 Feb 1990 | — |\n| 1998 No. 114 | 27 May 1998 | 27 May 1998 | R. 4 [see Table A] |\n| 2005 No. 207 (a) | 19 Sept 2005 (see F2005L02673) | 1 Oct 2005 (see r. 2) | — |\n\n> Note: (a) Select Legislative Instrument 2005 No. 207 was made under the Civil Aviation Act 1988, the Commonwealth Authorities and Companies Act 1997, the Customs Administration Act 1985, the Family Law Act 1975, the Financial Management and Accountability Act 1997, the Financial Transaction Reports Act 1988, the Freedom of Information Act 1982, the Health Insurance Act 1973, the Health Insurance Commission Act 1973, the Income Tax Assessment Act 1997, the Lands Acquisition Act 1989, the Maternity Leave (Commonwealth Employees) Act 1973, the Medical Indemnity Act 2002, the National Health Act 1953, the Ombudsman Act 1976, the Privacy Act 1988, the Proceeds of Crime Act 1987, the Public Works Committee Act 1969 and the Superannuation (Productivity Benefit) Act 1988.\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2005 No. 207

R. 2.................

am. 1989 No. 181; 1990 No. 43; 1998 No. 114; 2005
No. 207

\n```\n\n> Note: Table A\n\n Application, saving or transitional provisions\n\nStatutory Rules 1998 No. 114\n\n4 Application of amendment\n\n4.1 The amendment made by subregulation 3.2 has effect from the commencement of the Productivity Commission Act 1998.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 1988 regulation appears to have started with a shorter list of prescribed classes. The compilation shows amendments in 1989, 1990, 1998, and 2005 that progressively added new categories of workers. The list grew from an initial set (likely covering basic parliamentary and ACT administration staff) to include diverse groups like Medicare Australia relief staff (added 2005), Defence casual employees (added 1998/2005), and various broadcasting corporation employees. This represents significant scope creep from a potentially narrow original intent to a comprehensive catch-all for non-standard Commonwealth employment arrangements."},"complexity_factors":["Only 2 operative provisions (Regulation 1 is the name; Regulation 2 contains the substantive content)","No defined terms section - all job titles and organisational names use plain English or standard public service classifications","No cross-references to other legislation except the enabling Act (Superannuation (Productivity Benefit) Act 1988)","Simple list structure (paragraphs (a) through (ze)) with no conditional logic, exceptions, or nested provisions","Straightforward declaratory language ('each of the following classes of persons is prescribed')","Length is deceptive - while there are 31 lettered paragraphs, they are merely an enumerated list without legal complexity"],"plain_english_summary":"This legislation is a short regulation that determines who qualifies for a specific type of superannuation (retirement savings) benefit under an old Australian government scheme.\n\n**What it does:**\nThe Superannuation (Productivity Benefit) Act 1988 created a temporary superannuation arrangement for certain Commonwealth employees. This regulation lists specific groups of workers who can have their service counted as \"continuous\" even if they worked irregular hours, on casual contracts, or in temporary roles. Without this rule, many part-time, casual, or seasonal workers would miss out on superannuation benefits because their employment wasn't considered unbroken.\n\n**Who it affects:**\nThe regulation covers a very specific list of workers from the late 1980s and 1990s, including:\n- **Relief and casual staff** at Aboriginal Hostels Limited, ACT Health Authority, and ACT schools\n- **Seasonal workers** in the Australian Taxation Office doing data entry\n- **Part-time and sessional staff** at institutions like the Canberra Institute of the Arts and Australian Maritime College\n- **Casual court staff** (typists, reporters, attendants) in the Attorney-General's Department and High Court\n- **Parliamentary sessional staff** (security, catering, keyboard operators) working during sittings of Parliament\n- **Temporary research assistants** at various government bodies like the Australian Institute of Criminology\n- **Specific award-based employees** at the ABC and Special Broadcasting Service\n- **Casual Defence employees** in roles like catering, cleaning, and gardening\n\n**Why it matters:**\nThis regulation ensured that workers in precarious, intermittent, or non-standard employment arrangements weren't penalised in their retirement savings. It recognised that \"continuous service\" shouldn't require traditional full-time, permanent employment. The regulation is now largely historical, as the Superannuation (Productivity Benefit) scheme has been closed to new entrants for decades, but it remains relevant for existing beneficiaries and their preserved benefits."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation has been expanded incrementally since 1988. Amendments listed (1989, 1990, 1998 and 2005) added or updated prescribed classes and adapted the instrument to organisational changes (for example references connected to the Productivity Commission and later entities such as Medicare Australia and other agencies). As a result the instrument grew from its original list to cover a broader set of agencies, employment bases and specific job categories (now 31 named classes), widening the population of workers whose intermittent or casual service counts as qualifying service under paragraph 5(2)(b) of the Act."},"complexity_factors":["Single operative provision (Regulation 2) with an enumerated list rather than multi‑part conditional rules","31 distinct prescribed classes (items (a)–(ze))","Numerous sub‑clauses specifying both agency and employment basis (e.g. 'relief basis', 'casual on‑call', 'seasonal', 'semester‑by‑semester', 'full‑time' in certain contexts)","Cross‑reference to paragraph 5(2)(b) of the Superannuation (Productivity Benefit) Act 1988 (external dependence)","Amendment history (1989, 1990, 1998, 2005) and a transitional provision linked to the Productivity Commission Act 1998, requiring attention when reading historic entitlements","Potentially high factual complexity at implementation (verifying whether an individual’s duties and employment basis match a listed class)"],"plain_english_summary":"This regulation names specific classes of intermittent, part‑time, casual, relief, temporary and seasonal Commonwealth workers whose service counts as \"qualifying service\" under the Superannuation (Productivity Benefit) Act 1988. It affects employees in the listed roles and the agencies that employ them. By allowing intermittent service to aggregate for a named superannuation benefit, it increases employers’ superannuation liabilities and creates record‑keeping and application obligations for payroll administrators."},"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/superannuation-benefit-interim-arrangement-continuous-service-regulations-1988","history":"/api/acts/superannuation-benefit-interim-arrangement-continuous-service-regulations-1988/history","analysis":"/api/acts/superannuation-benefit-interim-arrangement-continuous-service-regulations-1988/analysis","conflicts":"/api/acts/superannuation-benefit-interim-arrangement-continuous-service-regulations-1988/conflicts","importantCases":"/api/acts/superannuation-benefit-interim-arrangement-continuous-service-regulations-1988/important-cases","documents":"/api/acts/superannuation-benefit-interim-arrangement-continuous-service-regulations-1988/documents"}}