{"id":"F2008B00375","name":"Superannuation (CSS) Approved Part-time Employee Declaration No. 7","slug":"superannuation-css-approved-part-time-employee-declaration-no-7","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73297,"registerId":"commonwealth-F2008B00375-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. 7","content":"SUPERANNUATION (CSS) APPROVED PART-TIME\n\nEMPLOYEE DECLARATION NO 7.\n\nI, JOHN J. FAHEY, 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 1 AUG 1996.\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. 7\".\n\nApproved Part-time Employees\n\n2. A person who:\n\n(i) was appointed to the statutory office known as the Development Allowance Authority on a part-time basis commencing 27 June 1995, and on the date of signing of this declaration occupies that office; and\n\n(ii) has elected prior to the making of this declaration, to be treated as an eligible employee for the purposes of the Superannuation Act 1976 for that period; and\n\n(iii) is not remunerated on a per diem basis for the performance of those duties;\n\nis included in a class of persons which is an approved class of part-time employees for the purposes of the Superannuation Act 1976 for the period commencing on 27 June 1995 and continuing while he holds that office.\n\n3. A person who after 30 June 1990 and before the date of the signing of this declaration:\n\n(a) was appointed under the Australian Federal Police Act 1979 and performs the duties of a position on a part-time basis; and\n\n(b) was not remunerated on a per diem basis in respect of that employment; and\n\n(c) has made contributions in respect of the period, or those periods, of part-time employment; and\n\n(d) immediately before becoming so appointed;\n\n(i) the person was an eligible employee; or\n\n(ii) invalidity pension was, or would, but for the suspension of payment, have been, payable to him or her under the Superannuation Act 1976; or\n\n(iii) deferred benefits were applicable to him or her under the Superannuation Act 1976 or the Superannuation Act 1922 or;\n\n(iv) a pension of a kind mentioned in section 64A or 65 of the Superannuation Act 1922 as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or\n\n(e) becomes, by virtue of his or her appointment, a re-employed former contributor with preserved rights;\n\nis, while performing the duties of the position on a part-time basis, 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\n4. A person who after the date of the signing of this declaration:\n\n(a) is appointed under the Australian Federal Police Act 1979 and performs the duties of a position on a part-time basis; and\n\n(b) is not remunerated on a per diem basis in respect of that employment; and\n\n(c) immediately before becoming so appointed;\n\n(i) the person was an eligible employee; or\n\n(ii) invalidity pension was, or would, but for the suspension of payment, have been, payable to him or her under the Superannuation Act 1976; or\n\n(iii) deferred benefits were applicable to him or her under the Superannuation Act 1976 or the Superannuation Act 1922 or;\n\n(iv) a pension of a kind mentioned in section 64A or 65 of the Superannuation Act 1922 as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or\n\n(d) becomes, by virtue of his or her appointment, a re-employed former contributor with preserved rights;\n\nis, while performing the duties of the position on a part-time basis, 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.","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The declaration expands the scope of persons treated as \"approved part‑time employees\" under the Superannuation Act 1976 by expressly including (a) a part‑time Development Allowance Authority appointee from 27 June 1995 who elected to be treated as eligible, and (b) certain Australian Federal Police part‑time appointees appointed after 30 June 1990 who meet specified status and contribution conditions. As a result, those persons become subject to CSS contribution and benefit rules for the stated periods."},"complexity_factors":["Narrow, specific subject-matter (identifies particular classes of officeholders) which reduces breadth but increases precision.","Multiple conditional eligibility criteria across subsections (election to be treated as eligible, prior contributions, not paid per diem).","Temporal complexity: retrospective and prospective effective dates (commencing 27 June 1995; after 30 June 1990; continuing while holding office).","Cross-references to other statutes and provisions (Superannuation Act 1976; Superannuation Act 1922; Australian Federal Police Act 1979; references to pensions and deferred benefits).","Status-based qualifiers: references to eligible employee status, invalidity pensions, deferred benefits, preserved rights and re‑employed former contributor status increase interpretive work.","Administrative/compliance burden on agencies to verify elections, contribution history and entitlement status for individual employees.","Exclusionary language (not remunerated on a per diem basis) requires factual payroll assessment for each appointment.","Legalistic drafting with layered subparagraphs raises risk of divergent interpretations about who exactly is covered and when coverage starts/stops."],"plain_english_summary":"This declaration adds specific groups of part‑time officeholders to the Commonwealth Superannuation Scheme (CSS) as \"approved part‑time employees,\" effective from set appointment dates and subject to conditions (for example, not being paid per diem and having made an election or prior contributions). It identifies Development Allowance Authority part‑time appointees from 27 June 1995 and certain Australian Federal Police part‑time appointees (after 30 June 1990) as eligible for CSS contributions and benefits while they hold those offices; employing agencies administer contributions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The declaration remains tightly focused on its original purpose: expanding CSS coverage to specific categories of part-time employees. It addresses two distinct scenarios (Development Allowance Authority appointee and AFP part-timers) but does not expand beyond the core function of defining 'approved part-time employees' under the Superannuation Act 1976."},"complexity_factors":["Multiple nested conditions in clauses 3 and 4 (five separate eligibility pathways with 'and/or' logic)","Cross-references to three different Acts: Superannuation Act 1976, Superannuation Act 1922, and Australian Federal Police Act 1979","References to specific repealed sections (64A and 65 of the 1922 Act) requiring historical knowledge","Temporal complexity with three distinct time periods: pre-declaration (clause 2), between 1990 and declaration date (clause 3), and post-declaration (clause 4)","Technical superannuation terms requiring specialist knowledge: 'eligible employee', 'invalidity pension', 'deferred benefits', 're-employed former contributor with preserved rights', 'per diem'","Single individual coverage in clause 2 mixed with class-based coverage in clauses 3-4 creates inconsistent drafting approach"],"plain_english_summary":"This 1996 ministerial declaration designates a limited class of part‑time public servants as eligible to join the Commonwealth Superannuation Scheme (CSS). It covers one named Development Allowance Authority appointee (from 27 June 1995) and certain current and future part‑time Australian Federal Police appointees who meet specified employment and prior‑membership conditions. The declaration ensures these part‑timers can contribute to and accrue CSS benefits for their service."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-7","history":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-7/history","analysis":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-7/analysis","conflicts":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-7/conflicts","importantCases":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-7/important-cases","documents":"/api/acts/superannuation-css-approved-part-time-employee-declaration-no-7/documents"}}