{"id":"F2005L01883","name":"Superannuation (PSSAP) Public Sector Employees Declaration 2005","slug":"superannuation-pssap-public-sector-employees-declaration-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36078,"registerId":"commonwealth-F2005L01883-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSSAP) Public Sector Employees Declaration 2005","content":"![](image.001.png)\n\nSuperannuation (PSSAP) Public Sector Employees Declaration 20051\n\nI, NICK MINCHIN, Minister for Finance and Administration, make the following Declaration under paragraph 5 (2) (b) of the Superannuation Act 2005.\n\nDated 29 June 2005\n\nNICK MINCHIN\n\nMinister for Finance and Administration\n\n1 Name of Declaration\n\nThis Declaration is the Superannuation (PSSAP) Public Sector Employees Declaration 2005.\n\n2 Commencement\n\nThis Declaration commences on 1 July 2005.\n\n3 Definitions\n\nIn this Declaration:\n\n| 1990 Act                           | means the Superannuation Act 1990.                                                                                                |\n| ---------------------------------- | --------------------------------------------------------------------------------------------------------------------------------- |\n| 2005 Act                           | means the Superannuation Act 2005.                                                                                                |\n| exempt overseas employee           | has the same meaning as in the 2005 Act.                                                                                          |\n| ordinary employer-sponsored member | has the same meaning as in the 2005 Act.                                                                                          |\n| PSSAP                              | means the Public Sector Superannuation Accumulation Plan established by Trust Deed in accordance with section 10 of the 2005 Act. |\n| statutory office                   | has the same meaning as in the 2005 Act.                                                                                          |\n| temporary employee                 | has the same meaning as in the 1990 Act.                                                                                          |\n\n4 Persons who are not exempt overseas employees under section 5 of the 2005 Act\n\nA person mentioned in Schedule 1 is not an exempt overseas employee.\n\nSchedule 1 Persons who are not exempt overseas employees\n\n(section 4)\n\n\\[1\\] A person who is engaged or appointed as:\n\n(a) the representative in another country of the Government of Australia; or\n\n(b) the Australian representative in another country of Her Majesty;\n\nwho immediately before his or her engagement or appointment was an ordinary employer-sponsored member in respect of:\n\n(c) other employment; or\n\n(d) the holding of a statutory office.\n\n\\[2\\] A person who is engaged as a temporary employee by the Australian Broadcasting Corporation for employment outside Australia onlywho, immediately before his or her engagement, was an ordinary employer-sponsored member for other employment.\n\n\\[3\\] A person who is the holder of a statutory office.\n\n> Note\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 www.frli.gov.au.","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":3,"scope_assessment":{"changed":true,"description":"By expressly naming categories of persons who are not 'exempt overseas employees' (see section 4 and Schedule 1), the Declaration narrows the pool of people who qualify as exempt under section 5 of the Superannuation Act 2005. In practical terms it alters which employees remain subject to PSSAP membership and related employer/employee superannuation arrangements (representatives abroad, specified ABC temporary overseas employees, and holders of statutory office)."},"complexity_factors":["Relies heavily on definitions in other statutes (Superannuation Act 2005 and Superannuation Act 1990) rather than self-contained definitions.","Effect depends on interaction with the PSSAP Trust Deed (referenced to section 10 of the 2005 Act).","Temporal condition: several categories hinge on a person's status 'immediately before' appointment or engagement (requires factual determination).","Ministerial discretion: instrument is a ministerial declaration under paragraph 5(2)(b), so application follows an executive exercise of power.","Short Schedule lists specific categories but uses cross-references (eg, 'ordinary employer‑sponsored member') that require checking the parent Act to interpret eligibility.","Minor drafting/typographical issue in Schedule 1(2) ('onlywho') which could create ambiguity in reading."],"plain_english_summary":"This Declaration (commencing 1 July 2005) names particular public‑sector roles that are not \"exempt overseas employees\" under the Superannuation Act 2005, so those people remain governed by the Public Sector Superannuation Accumulation Plan (PSSAP). The Minister for Finance, exercising paragraph 5(2)(b), lists overseas government/HM representatives, certain ABC temporary overseas employees who were previously employer‑sponsored members, and holders of statutory office as not exempt, which determines their superannuation membership and employer/employee superannuation obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Declaration performs exactly the limited function contemplated by section 5(2)(b) of the Superannuation Act 2005: identifying specific persons who cannot claim the overseas employment exemption. It has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Very short instrument (4 sections plus a short schedule)","Only 7 defined terms, all referencing other Acts rather than creating new definitions","No nested exceptions or conditional logic — the operative provision (section 4) is a straightforward declaration that Schedule 1 persons are not exempt","Schedule contains only 3 simple categories with minimal sub-paragraphs","No cross-references beyond the defined terms and the parent Act"],"plain_english_summary":"This Declaration requires three narrow groups of public sector employees who work overseas to remain in (or join) the government’s accumulation superannuation plan (PSSAP) even if they would otherwise qualify as “exempt overseas employees.”  \n\nIt covers senior government representatives abroad, ABC temporary staff posted overseas who were PSSAP members before posting, and statutory office holders — preserving continuity of superannuation and preventing retirement-savings gaps."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pssap-public-sector-employees-declaration-2005","history":"/api/acts/superannuation-pssap-public-sector-employees-declaration-2005/history","analysis":"/api/acts/superannuation-pssap-public-sector-employees-declaration-2005/analysis","conflicts":"/api/acts/superannuation-pssap-public-sector-employees-declaration-2005/conflicts","importantCases":"/api/acts/superannuation-pssap-public-sector-employees-declaration-2005/important-cases","documents":"/api/acts/superannuation-pssap-public-sector-employees-declaration-2005/documents"}}