{"id":"F2011L00941","name":"Superannuation (CSS) Productivity Employee Inclusion Declaration 2011 (No. 1)","slug":"superannuation-css-productivity-employee-inclusion-declaration-2011-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86712,"registerId":"commonwealth-F2011L00941-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) Productivity Employee Inclusion Declaration 2011 (No. 1)","content":"![](image.001.png)\n\nSuperannuation (CSS) Productivity Employee Inclusion Declaration 2011 (No.1)1\n\nI, Penelope Ying Yen Wong, Minister for Finance and Deregulation, make this Declaration under section 110F of the Superannuation Act 1976.\n\nDated 30th May 2011\n\nPenelope Ying Yen Wong\n\nMinister for Finance and Deregulation\n\n1 Name of Declaration\n\nThis Declaration is the Superannuation (CSS) Productivity Employee Inclusion Declaration 2011 (No. 1).\n\n2 Commencement\n\nThis Declaration comes into force on the day after this instrument is registered on the Federal Register of Legislative Instruments.\n\n3 Productivity Employees\n\nA person who is an eligible employee for the purposes of the Superannuation Act 1976 who is engaged, otherwise than in a permanent capacity, as an Australian Civilian Corps employee for employment outside Australia only, is declared to be a productivity employee for the purposes of Part VIA of that Act.\n\n> Note 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See [http://www.frli.gov.au](http://www.frli.gov.au).","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Declaration expands the coverage of the 'productivity employee' category under Part VIA to include eligible, non‑permanent Australian Civilian Corps employees engaged only outside Australia, thereby altering which superannuation rules apply to that group (see s.3)."},"complexity_factors":["Narrow, single-purpose instrument that declares a specific class of employees (s.3)","Depends on external statutory definitions and eligibility criteria in the Superannuation Act 1976 and Part VIA (instrument cites s110F)","Ministerial power to make the declaration rather than primary-legislation change (instrument preamble)","Immediate-but-conditional commencement tied to registration on the Federal Register (s.2)","Administrative implementation burden on agencies/employers to reclassify affected employees and update records (implicit in effect of s.3)","Potential ambiguity about terms such as “eligible employee” and “Australian Civilian Corps” because definitions reside in other instruments or the parent Act (cross-reference complexity)","Low litigation risk from substance but reliance on correct administrative identification creates operational risk"],"plain_english_summary":"This Declaration adds a narrow class of Commonwealth workers to the “productivity employee” category under the Superannuation Act 1976: eligible non‑permanent Australian Civilian Corps employees whose work is only outside Australia. The effect is to change which Part VIA superannuation rules apply to them.\n\nThe Minister made the declaration under s110F; it commences the day after registration. It affects who is treated for superannuation purposes, shifting administrative and employer record‑keeping responsibilities (see s.3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the narrow function intended by section 110F of the Superannuation Act 1976: to declare specific classes of employees as \"productivity employees.\" It has not expanded beyond this purpose."},"complexity_factors":["Extremely short: only 3 operative sections plus preamble","No defined terms section — relies entirely on definitions in the parent Superannuation Act 1976","Single, clear condition: must be Australian Civilian Corps employee, non-permanent, overseas-only","No cross-references beyond the enabling section (s 110F) and the target provision (Part VIA)","No exceptions, nested clauses, or conditional logic"],"plain_english_summary":"This instrument adds certain Australian Civilian Corps employees working outside Australia on a non‑permanent basis (who are already \"eligible employees\" under the Superannuation Act 1976) to the Commonwealth Superannuation Scheme (CSS). \n\nThey are declared \"productivity employees\" under Part VIA, enabling productivity contributions (and corresponding government matching/supplementation), ensuring these overseas temporary workers receive the same superannuation contribution benefits."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-2011-no-1","history":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-2011-no-1/history","analysis":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-2011-no-1/analysis","conflicts":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-2011-no-1/conflicts","importantCases":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-2011-no-1/important-cases","documents":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-2011-no-1/documents"}}