{"id":"F2008B00266","name":"Temporary Employee Declaration No. 1","slug":"temporary-employee-declaration-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"165 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73038,"registerId":"commonwealth-F2008B00266-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Temporary Employee Declaration No. 1","content":"![](image.001.png)\n\nStatutory Rules 1990 No. 1651\n\nDeclaration under the Superannuation Act  \n1990.\n\nI, RALPH WILLIS, Minister for Finance, hereby make the following declaration under section 3 of the Superannuation Act 1990.\n\n> Dated 20 June 1990.\n\nRALPH WILLIS\n\nMinister for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nDECLARATION UNDER THE DEFINITION OF “TEMPORARY EMPLOYEE” IN SECTION 3\n\nCitation\n\n1. This Declaration may be cited as “Temporary Employee Declaration No. 1”.\n\nTemporary employees\n\n2. Each of the following persons, being persons engaged or appointed for employment outside Australia only, is a person to whom the definition of temporary employee in section 3 of the Superannuation Act 1990 applies:\n\n(a) a person employed in the Cocos (Keeling) Islands on or before 6 April 1978 who commenced to make contributions under the Superannuation Act 1976 by virtue of a direction made on that date under section 11 of that Act; and\n\n(b) a person engaged or appointed as the representative in another country of the Government of Australia, or as the Australian representative in another country of Her Majesty, who immediately before his or her engagement or appointment was an eligible employee for the purposes of the Superannuation Act 1976 or a member of the Superannuation Scheme by virtue of Part 3 of the Superannuation Act 1990.\n\n> Note: NOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 29 June 1990.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The declaration expands/clarifies the scope of who falls within the statutory definition of 'temporary employee' in s3 by expressly including two specified groups: (a) persons employed in the Cocos (Keeling) Islands on or before 6 April 1978 who commenced contributions under the 1976 Act by direction, and (b) Australian representatives abroad who immediately before appointment were eligible under the 1976 Act or Part 3 of the 1990 Act. This alters which individuals are captured by the Act's superannuation rules."},"complexity_factors":["Cross-reference to the Superannuation Act 1990 definition of 'temporary employee' (declaration made under s3) — requires reading both instruments to see effect.","References to earlier legislation and a specific past direction (Superannuation Act 1976, s11 and a 6 April 1978 direction) — introduces historical/administrative facts to determine coverage.","Narrow, enumerative scope (two precise categories) reduces breadth but creates reliance on factual thresholds (timing, prior eligibility) that can be administratively fiddly.","Power exercised by a named Minister (Minister for Finance) — a one-off ministerial declaration with limited ongoing discretion.","Low statutory complexity overall: short text, few operative clauses, limited interpretive issues beyond historical qualification and \"engaged or appointed for employment outside Australia only\" wording."],"plain_english_summary":"This ministerial declaration (made under section 3 of the Superannuation Act 1990) specifies two categories of people who are to be treated as “temporary employees” for the Act, thereby changing who the Act’s superannuation rules apply to.\n\nIt names (a) people employed in the Cocos (Keeling) Islands on or before 6 April 1978 who began contributions under the Superannuation Act 1976 by direction, and (b) Australian government representatives abroad who immediately before appointment were eligible under the 1976 Act or Part 3 of the 1990 Act."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration remains tightly focused on its original purpose: clarifying superannuation coverage for two specific categories of overseas employees. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Very short document (only 2 operative provisions plus citation)","No defined terms section (relies on definitions in the parent Superannuation Act 1990)","Simple conditional logic: two specific factual scenarios described in plain language","No cross-references beyond the parent Act and the repealed 1976 Act","No nested exceptions or complex procedural requirements","Single purpose instrument with narrow, specific application"],"plain_english_summary":"This 1990 ministerial declaration treats two narrow groups as \"temporary employees\" for superannuation purposes even though they work overseas. It covers certain Cocos (Keeling) Islands employees employed by 6 April 1978 who joined the 1976 government super scheme, and Australian officials appointed overseas who were already in the government superannuation scheme before their posting. The effect is to preserve these persons’ entitlement to government superannuation despite being posted outside Australia."}},"importantCases":[],"_links":{"self":"/api/acts/temporary-employee-declaration-no-1","history":"/api/acts/temporary-employee-declaration-no-1/history","analysis":"/api/acts/temporary-employee-declaration-no-1/analysis","conflicts":"/api/acts/temporary-employee-declaration-no-1/conflicts","importantCases":"/api/acts/temporary-employee-declaration-no-1/important-cases","documents":"/api/acts/temporary-employee-declaration-no-1/documents"}}