{"id":"F2009B00005","name":"Superannuation (CSS) Temporary Employee Approval No. 3","slug":"superannuation-css-temporary-employee-approval-no-3","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121178,"registerId":"commonwealth-F2009B00005-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) Temporary Employee Approval No. 3","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nSUPERANNUATION ACT 1976\n\nI, Peter Alexander Walsh, Minister of State for Finance, in pursuance of section 3 of the Superannuation Act 1976, hereby approve the following class of persons for the purposes of the definition of \"temporary employee\" in section 3 of the Superannuation Act 1976:\n\nThe class of persons engaged or appointed as the representatives in another country of the Government of Australia, or as the Australian representatives in another country of Her Majesty, who immediately before their engagement or appointment were eligible employees for the purposes of the Superannuation Act 1976.\n\nDated this  10th day of July 1985\n\n![](image.001.png)\n\nPETER WALSH\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not change the underlying scope of the Superannuation Act 1976. It exercises an existing power in section 3 to declare a particular class of persons to be treated as \"temporary employees\" for the purposes of the Act. The approval narrows application to a defined class (representatives abroad who were eligible employees immediately before appointment) rather than expanding the Act's substantive provisions."},"complexity_factors":["Single, narrowly focused ministerial approval rather than amendment to substantive provisions","Dependence on cross-reference to section 3 of the Superannuation Act 1976 for legal effect","Condition-based application (applies only where the person was an \"eligible employee\" immediately before appointment), requiring administrative verification","Potential for ministerial discretion in making similar approvals in future","Limited number of affected persons (public representatives abroad), so legal interactions are concentrated rather than broad"],"plain_english_summary":"This ministerial approval treats certain Australian representatives posted abroad—who were \"eligible employees\" immediately before their appointment—as \"temporary employees\" for the Superannuation Act 1976. That reclassification determines which existing superannuation rules, contributions and entitlements apply to them; it does not change rates or benefit formulas. Agencies must verify prior eligibility, so administrative processes and appointment timing may be affected."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a discrete, specific approval instrument made under a clear statutory power. It has not expanded beyond its original purpose of preserving superannuation continuity for a defined class of overseas representatives."},"complexity_factors":["Single operative provision with no defined terms beyond those in the parent Act","No cross-references to other legislation beyond the enabling section (s.3 of the Superannuation Act 1976)","No conditional logic, exceptions, or procedural requirements","Extremely short — approximately 100 words of substantive content","Simple class definition: two criteria (role type + prior membership status)"],"plain_english_summary":"This is a short ministerial approval made in 1985 under the **Superannuation Act 1976** (the law that set up the Commonwealth Superannuation Scheme, or CSS — a pension plan for Australian Government employees).\n\n**What it does:**\nIt allows a specific group of people to keep building up their government superannuation even though they are no longer in a standard employment arrangement.\n\n**Who it affects:**\nAustralian public servants who:\n- Were already members of the CSS (\"eligible employees\"), **and**\n- Are then sent overseas as official representatives of the Australian Government (or as representatives of the Queen in another country)\n\nNormally, being posted overseas as a representative might break their employment status, which would stop their super contributions. This approval says: **\"For super purposes, these people still count as 'temporary employees', so their super keeps accruing.\"**\n\n**Why it matters:**\nWithout this approval, diplomats and other overseas representatives could lose their pension entitlements simply because of the nature of their posting. This ensures continuity of superannuation benefits for people serving Australia abroad."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-temporary-employee-approval-no-3","history":"/api/acts/superannuation-css-temporary-employee-approval-no-3/history","analysis":"/api/acts/superannuation-css-temporary-employee-approval-no-3/analysis","conflicts":"/api/acts/superannuation-css-temporary-employee-approval-no-3/conflicts","importantCases":"/api/acts/superannuation-css-temporary-employee-approval-no-3/important-cases","documents":"/api/acts/superannuation-css-temporary-employee-approval-no-3/documents"}}