{"id":"F2011L00662","name":"Superannuation (PSS) Temporary Employee Declaration 2011 (No. 1)","slug":"superannuation-pss-temporary-employee-declaration-2011-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86272,"registerId":"commonwealth-F2011L00662-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSS) Temporary Employee Declaration 2011 (No. 1)","content":"![](image.001.png)\n\nSuperannuation (PSS) Temporary Employee Declaration 2011 (No. 1)1\n\nI, Penelope Ying Yen Wong, Minister for Finance and Deregulation, make this Declaration under section 3 of the Superannuation Act 1990.\n\nDated 20th April 2011\n\nPenelope Ying Yen Wong\n\nMinister for Finance and Deregulation\n\n1 Name of Declaration\n\nThis Declaration is the Superannuation (PSS) Temporary Employee Declaration 2011 (No. 1).\n\n2 Commencement\n\nThis Declaration commences immediately after the commencement of Part 3 of the Australian Civilian Corps Act 2011.\n\n3 Temporary employees\n\nThe definition of “temporary employee” in section 3 of the Superannuation Act 1990 applies to a person who is engaged as an Australian Civilian Corps employee for employment outside Australia only, if the person was a member of the Public Sector Superannuation Scheme immediately before becoming so engaged.\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":2,"scope_assessment":{"changed":true,"description":"The declaration alters the scope of who counts as a “temporary employee” under the Superannuation Act 1990 by explicitly including persons engaged as Australian Civilian Corps employees for employment outside Australia, but only where they were PSS members immediately before that engagement (Declaration, section 3). The change is therefore a targeted expansion of the category to cover a specific group conditional on prior PSS membership, and it becomes operative on the commencement of Part 3 of the Australian Civilian Corps Act 2011 (Declaration, section 2)."},"complexity_factors":["Single, brief provision that performs a definitional change (Declaration, section 3)","Conditional nature of the change — applies only where the person was a PSS member immediately before engagement (Declaration, section 3)","Timing dependency on commencement of Part 3 of a separate Act (Declaration, section 2)","Reliance on the existing, external text of section 3 of the Superannuation Act 1990 for full legal effect (preamble; Declaration, section 3)","Administrative requirement to verify prior PSS membership increases operational steps despite legal simplicity (Declaration, section 3)"],"plain_english_summary":"The Declaration treats certain Australian Civilian Corps employees engaged overseas as “temporary employees” under the Superannuation Act 1990, but only if they were members of the Public Sector Superannuation Scheme immediately before their ACC engagement. It matters because that definitional change determines which existing superannuation rules apply to those individuals, creates modest administrative checks for prior PSS membership, and takes effect when Part 3 of the Australian Civilian Corps Act 2011 commences."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Declaration performs exactly the narrow, technical function suggested by its title and enabling provision. It does not expand beyond the specific purpose of preserving PSS membership for a defined category of temporary employees."},"complexity_factors":["Extremely short — only 3 operative sections","No defined terms section (relies entirely on definitions in the parent Superannuation Act 1990)","Single conditional rule with one straightforward exception","No cross-references beyond the enabling section and commencement trigger","No nested exceptions or complex procedural requirements"],"plain_english_summary":"**What this does:**\n\nThis is a short legal instrument that tweaks who can access the **Public Sector Superannuation Scheme (PSS)** — a retirement savings scheme for Australian government employees.\n\nNormally, the PSS has strict rules about who can join. This Declaration makes a specific exception for a small group of people: **Australian Civilian Corps employees working overseas**.\n\n**Who it affects:**\n\n- People hired as \"Australian Civilian Corps employees\" to work **outside Australia only**\n- BUT only if they were **already PSS members** before taking this overseas job\n\n**Why it matters:**\n\nWithout this Declaration, these temporary overseas workers would lose their PSS membership when they switched to this new type of employment. This ensures they can keep building their government superannuation even while working abroad on temporary contracts.\n\n**In short:** It's a narrow fix to prevent a gap in retirement coverage for a specific group of public servants deployed overseas."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pss-temporary-employee-declaration-2011-no-1","history":"/api/acts/superannuation-pss-temporary-employee-declaration-2011-no-1/history","analysis":"/api/acts/superannuation-pss-temporary-employee-declaration-2011-no-1/analysis","conflicts":"/api/acts/superannuation-pss-temporary-employee-declaration-2011-no-1/conflicts","importantCases":"/api/acts/superannuation-pss-temporary-employee-declaration-2011-no-1/important-cases","documents":"/api/acts/superannuation-pss-temporary-employee-declaration-2011-no-1/documents"}}