{"id":"F2008B00141","name":"Superannuation (CSS) Productivity Employee Inclusion Declaration No. 1","slug":"superannuation-css-productivity-employee-inclusion-declaration-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"223 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72644,"registerId":"commonwealth-F2008B00141-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 No. 1","content":"![](image.001.png)\n\nStatutory Rules 1993 No. 2231\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (CSS) Productivity Employee Inclusion Declaration No. 1\n\nI, Ralph Willis, Minister for Finance, make the following Declaration under section 110f of the Superannuation Act 1976.\n\nDated 9 August 1993.\n\nralph willis\n\nMinister for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as Superannuation (CSS) Productivity Employee Inclusion Declaration No. 1.\n\n> Note: \\[NOTE: This Declaration commences on gazettal: see Acts Interpretation Act 1901, s. 48.\\]\n\nInterpretation\n\n2. In this Declaration:\n\n“the Act” means the Superannuation Act 1976.\n\nProductivity employees\n\n3. An eligible employee who is a person specified in a paragraph of this clause is declared to be a productivity employee for the purposes of Part VIa of the Act with effect from the date specified in the paragraph:\n\n(a) a person employed by the Legal Aid Commission of Queensland—1 July 1990;\n\n(b) a person employed by the Legal Aid Commission of Western Australia—1 July 1990;\n\n(c) a person who is engaged or appointed as the representative of Australia in another country—1 July 1990 or the date of commencement of that engagement or appointment, whichever is the later;\n\n(d) a person employed by the Legal Aid Commission of Tasmania—1 January 1991;\n\n(e) a person engaged for service in the Australian High Commission, London—1 July 1992;\n\n(f) a person employed by the Legal Aid Commission of Victoria—1 July 1992;\n\n(g) a person employed in Repatriation General Hospital, Hobart—1 July 1992;\n\n(h) a person who is employed under a fixed-term contract by the Australian Broadcasting Corporation for employment only outside Australia—1 July 1992 or the date of commencement of that employment, whichever is the later;\n\n(j) a person employed in Concord Repatriation and General Hospital, Sydney—1 July 1993.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 13 August 1993.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Declaration expands the coverage of Part VIa by expressly declaring additional categories of employees to be ‘productivity employees’ (see cl.3). It adds named groups—state Legal Aid Commission employees, specified hospital staff, overseas Australian representatives, and ABC fixed-term overseas employees—with distinct commencement dates, thereby extending Part VIa’s application to those workers from the dates stated."},"complexity_factors":["Instrument is a simple list-style declaration rather than a detailed regulatory regime (cl.3).","Multiple employer-specific entries (Legal Aid Commissions in several states, hospitals, ABC, overseas representatives) require targeted administrative action to identify affected staff (cl.3(a)–(j)).","Varied effective dates and two provisions that apply from ‘1 July 1990 or the date of commencement… whichever is the later’ introduce timing complexity for payroll and records (cl.3(c), cl.3(h)).","Reliance on the term “eligible employee” and referral to Part VIa of the Superannuation Act 1976 means agencies must cross-check the Act’s eligibility rules to determine coverage (Interpretation; cl.3).","Retroactive effective dates (some entries back to 1 July 1990) can create retrospective administrative and compliance adjustments for employers and superannuation record-keeping (cl.3).","Narrow, placement-specific conditions (e.g. ‘employed under a fixed-term contract by the ABC for employment only outside Australia’) require case-by-case assessment (cl.3(h)).","Commencement is on gazettal (Acts Interpretation Act 1901, s.48), so implementation timing depends on notification rather than on a simple uniform date (Citation note).","Minor drafting artifact: clause lettering skips (i), which can cause citation or indexing inconvenience (cl.3)."],"plain_english_summary":"This Declaration adds specific categories of workers to the group called “productivity employees” under Part VIa of the Superannuation Act 1976, with precise start dates. It names employees of several state Legal Aid Commissions, certain hospital staff, Australian overseas representatives and specific Australian Broadcasting Corporation fixed-term overseas employees.\n\nThe change matters because those named workers become subject to the Part VIa superannuation arrangements from the dates listed, affecting which super rules apply to them."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 110f of the Superannuation Act 1976 - declaring specific employees to be productivity employees. It has not expanded beyond its original purpose."},"complexity_factors":["Very short document (only 3 operative clauses plus citation and interpretation)","Only 1 defined term ('the Act')","Simple declaratory structure: 'X is declared to be Y with effect from Z'","No cross-references to other legislation beyond the parent Act","No conditional logic or exceptions","Straightforward list format for covered employees"],"plain_english_summary":"The instrument declares several groups of Commonwealth-related workers to be \"productivity employees\" under the Commonwealth Superannuation Scheme, bringing them into special Part VIa treatment for superannuation. It affects staff of several state Legal Aid Commissions, Australian diplomatic and High Commission personnel (including ABC fixed-term overseas staff) and employees at two repatriation hospitals. By specifying different commencement dates (1 July 1990–1 July 1993), it determines who gains access to those distinct superannuation arrangements and shows ministerial scope to expand coverage."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-1","history":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-1/history","analysis":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-1/analysis","conflicts":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-1/conflicts","importantCases":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-1/important-cases","documents":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-1/documents"}}