{"id":"F2008B00378","name":"Superannuation (CSS) Approved Part-time Employee Declaration No. 5","slug":"superannuation-css-approved-part-time-employee-declaration-no-5","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73307,"registerId":"commonwealth-F2008B00378-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) Approved Part-time Employee Declaration No. 5","content":"SUPERANNUATION (CSS) APPROVED PART-TIME\n\nEMPLOYEE DECLARATION No. 5\n\nI, KIM C BEAZLEY, Minister for Finance, hereby make the following declaration under the definition of the term \"approved part-time employee\" in subsection 3(1) of the Superannuation Act 1976.\n\nDated 16 September 1994\n\n![](image.001.png)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This declaration may be cited as \"Superannuation (CSS) Approved Part-time Employee Declaration No 5\".\n\nApproved Part-time Employee\n\n2. An eligible employee who holds a statutory office and who performs his or her duties on a part-time basis who:\n\n(a) on appointment, performed the duties of that office on a full-time basis; and\n\n(b) is not remunerated for the performance of those duties on a per diem basis;\n\nis included in a class of part-time employees which is an approved class of part-time employees for the purposes of the Superannuation Act 1976.\n\nDeclaration Renamed\n\n3. Part-time Employment Declaration No. 4 is renamed \"Superannuation (CSS) Approved Part-Time Employee Declaration No. 4\".","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This declaration alters the scope of who is treated as an \"approved part‑time employee\" under the Superannuation Act 1976 by adding a defined class: eligible statutory office holders who now work part‑time but who performed the duties full‑time on appointment and are not paid per diem (s 2(a)–(b)). It also renames the prior Part‑time Employment Declaration No. 4 for citation purposes (s 3)."},"complexity_factors":["Short, narrowly framed instrument with only three operative parts (preamble; ss 1–3).","Relies on cross‑reference to the Superannuation Act 1976 for substantive consequences (requires checking that Act to see monetary or procedural effects).","Eligibility hinges on a small number of precise factual predicates (statutory office; part‑time now; full‑time on appointment; not remunerated per diem) (s 2(a)–(b)).","Administrative implementation requires factual verification and recordkeeping to establish eligibility (s 2).","Ministerial act: instrument is a single ministerial declaration, so scope and effect depend on how administrators apply it under the parent Act (preamble; s 2)."],"plain_english_summary":"This instrument, made by the Minister for Finance, declares that statutory office holders who were appointed full‑time, now perform duties part‑time, and are not paid on a per‑diem basis are an approved class of part‑time employees for the Superannuation Act 1976. That classification changes how the Act applies to their superannuation entitlements.\n\nIt also renames an earlier declaration for consistent citation."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function suggested by its title and enabling provision — declaring a specific class of part-time employees as 'approved' for CSS purposes. The scope remains tightly focused on this narrow administrative purpose."},"complexity_factors":["Very short instrument — only 3 operative sections","Single defined concept ('approved part-time employee') with two simple conditions joined by 'and'","No cross-references to other legislation beyond the enabling provision (subsection 3(1) of the Superannuation Act 1976)","No nested exceptions or conditional logic","Administrative renaming provision is purely mechanical"],"plain_english_summary":"**What this does:**\n\nThis is a short legal instrument made by the Minister for Finance in 1994 that expands who can join the Commonwealth Superannuation Scheme (CSS) — an old Australian government superannuation fund.\n\n**Who it affects:**\n\n- **Part-time statutory office holders** — people appointed to official government positions created by legislation (like tribunal members, commissioners, or board members) who now work part-time rather than full-time.\n- Specifically, it covers those who:\n  - Started in the role working **full-time**, but later switched to **part-time**; AND\n  - Are **not** paid on a \"per diem\" basis (meaning they're not paid just for days worked — they get a proper ongoing salary).\n\n**Why it matters:**\n\nNormally, part-time workers in statutory offices might miss out on CSS superannuation benefits. This declaration creates a special **\"approved class\"** (a legal category) that lets these particular part-timers stay in or join the CSS. Without this declaration, they could be excluded from the scheme.\n\n**The rename:**\n\nIt also tidies up paperwork by renaming an older declaration (No. 4) to match the new naming style."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-5","history":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-5/history","analysis":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-5/analysis","conflicts":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-5/conflicts","importantCases":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-5/important-cases","documents":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-5/documents"}}