Part I
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This law creates a superannuation scheme for Australian public servants seconded to Papua New Guinea under the 1973 staffing assistance arrangements, letting them buy "units of pension" (each unit pays $91/year) to fund retirement. It secures pensions, death and invalidity benefits, early-retirement options, and family-law splitting for affected employees, spouses and children—protecting those whose service was disrupted by PNG’s 1975 independence.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.
These Regulations are the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.
(1) In these Regulations, unless the contrary intention appears:
children includes children adopted by a contributor or by a contributor to the Provident Account and dependent on him at the time of his death.
continuing contributor means a person who, by virtue of regulation 9, continues, on and after 1 July 1976, to make contributions for a pension payable under these Regulations.
minimum number of units, in relation to a contributor:
(a) means the number of units (not including reserve units or non‑contributory units) provided by a contribution equal to one‑tenth of the salary of the contributor; or
(b) if a contribution equal to one‑tenth of the salary of the contributor would provide a number of units (not including reserve units or non‑contributory units) and a fraction of a unit—means that number of units and does not include that fraction of a unit.
non‑contributory unit means a unit of pension which is applicable to a contributor by virtue of regulation 13.
pension:
(a) means a pension payable under these Regulations; and
(b) includes:
(i) an associate pension under regulation 91; and
(ii) a pension payable, before the commencement of these Regulations, under the Superannuation Ordinance, being a pension that is preserved and continued in existence by, and payable under, these Regulations.
pensioner means a person in receipt of a pension.
reserve unit means a unit of pension to which Division 5 of Part II applies.
salary, in relation to a continuing contributor, means the amount determined from time to time under regulation 4B as his salary for the purposes of these Regulations.
service means continuous service as an employee under Part II of the Act and includes continuous service that was service within the meaning of the Superannuation Ordinance.
serving employee means an employee who, immediately before the commencement of the Superannuation (Papua New Guinea) Ordinance 1951, was a contributor under the Superannuation Ordinance 1917‑1955 of the Territory of Papua, the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea or the Superannuation Ordinances 1951.
student child means a child who has attained the age of sixteen years and is under the age of twenty‑one years, and is receiving full‑time education at a school, college or university.
Superannuation Ordinance means the Superannuation (Papua New Guinea) Ordinance 1951‑1973.
the Act means the Papua New Guinea (Staffing Assistance) Act 1973.
the maximum age for retirement means:
(a) in the case of a male contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply)—the age of fifty‑five years;
(b) in the case of a female contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply)—the age of fifty years;
(c) in the case of a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply—the age at which he resigns or retires;
(d) in the case of any other male contributor—the age of sixty years; and
(e) in the case of any other female contributor—the age of fifty‑five years.
(2) In these Regulations, a reference to an Ordinance is a reference to an Ordinance of Papua New Guinea as amended and in force at the relevant time. (3) A reference in these Regulations to the retirement of an employee upon his attaining the maximum age for retirement includes a reference to the case of an employee whose retirement takes place on the day before he attains that age. (4) For the purposes of the Act, a person who, immediately before the commencement of the Superannuation (Papua and New Guinea) Ordinance 1955, contributed to the Superannuation Fund or to the Provident Account as if he were an employee shall be deemed, during the period for which he was so contributing, to have been an employee. (5) In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule to these Regulations so numbered. (6) Unless the contrary intention appears, in the application of these Regulations on and after 1 July 1976 in relation to a continuing contributor: (a) a reference to the Board shall be read as a reference to the Commissioner; and (b) a reference to an employee or a contributor shall be read as a reference to a continuing contributor.
(1) In the application of these Regulations on and after 1 July 1976 in relation to a continuing contributor: (a) a reference to his retirement shall, unless the contrary intention appears, be read as a reference to the completion by him of the term of the first contract of employment entered into by him with the Government of Papua New Guinea or, if that term would expire after 30 June 1978, as a reference to the completion by him of a period of service in pursuance of that contract ending on that date; and (b) a reference to his resignation shall be read as a reference to the voluntary termination by him of that contract before the expiration of the term of that contract. (2) Where the contract of employment that a continuing contributor has entered into with the Government of Papua New Guinea is terminated in circumstances that, if that employment were employment under Part II of the Papua New Guinea (Staffing Assistance) Act 1973 as amended and in force on 30 June 1976, would be treated as retirement, retrenchment or dismissal, these Regulations shall, in their application, on and after 1 July 1976, to that continuing contributor, apply as if that termination was retirement, retrenchment or dismissal, as the case requires, in relation to employment under that Part.
(1) The Commissioner shall, from time to time as circumstances require, determine, as the salary of a continuing contributor for the purposes of these Regulations, an amount ascertained by adding to the basic former salary of that continuing contributor an amount, or the sum of the amounts, by which a comparable salary payable to an officer of the Australian Public Service has been increased since the relevant date, and the Commissioner shall specify in the determination the date on which the last increase in a comparable salary payable to such an officer taken into account in making the determination took effect. (2) Where the Commissioner has made a determination under this regulation in relation to a continuing contributor, for the purposes of these Regulations the salary of that continuing contributor shall, during the period from and including the date specified in that determination in pursuance of subregulation (1) to and including the date immediately preceding the date on which: (a) he ceases to be a continuing contributor; or (b) another determination under this regulation is made in relation to him; as the case may be, be deemed to be the amount so determined. (3) In determining, in relation to a continuing contributor, the amount referred to in subregulation (1), the Commissioner shall disregard any increase in the salary of that continuing contributor since the relevant date attributable to promotions received by him in the course of his service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea. (4) In this regulation:
basic former salary, in relation to a continuing contributor, means the salary that was payable to him on the relevant date in respect of his employment under Part II of the Papua New Guinea (Staffing Assistance) Act 1973 as amended and in force on that date.
relevant date means:
(a) in the case of a continuing contributor who, at any time during the period commencing on 1 July 1975 and ending on 30 June 1976, commenced service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea—the date immediately preceding the date on which he commenced that service; or
(b) in any other case—30 June 1976.
(1) Where at any time after 9 August 1951 a contributor has been or is appointed for a term of years to a statutory office in Papua New Guinea, he shall, for the purposes of these Regulations, be deemed, so long as he continues to be employed in that office (whether during, or after the expiration of, the term for which he was appointed), to be, and at all times since his appointment to that office to have been, an employee, and the cessation of that employment (otherwise than by retrenchment, discharge, dismissal or resignation) shall be deemed to be retirement for the purposes of these Regulations. (2) If the retirement referred to in subregulation (1) takes place at an earlier age than the maximum age for retirement, and is not on the ground of the employee’s invalidity or physical or mental incapacity to perform his duties, it shall be deemed to be the retirement of a contributor before attaining the maximum age for retirement for the purposes of regulation 32, and the provisions of that regulation shall apply accordingly. (3) Notwithstanding anything contained in subregulations (1) and (2), if an employee who is the holder of a statutory office gives notice in writing to the authority administering the Ordinance under which he was appointed, that he does not desire re‑appointment at the expiration of the term for which he was appointed, the notice shall, unless he has attained: (a) in the case of a male, the age of fifty years or, in the case of a female, the age of forty‑five years; or (b) the age of retirement (if any) fixed by law in respect of that statutory office; be deemed to be resignation for the purposes of regulation 39 or 76, as the case may be.
(1) Where: (a) a person who was, immediately before the commencement of these Regulations, employed by the Administration of Papua New Guinea otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment; (b) that person had been so employed for a continuous period of not less than three years; (c) the prescribed officer or, on appeal from the prescribed officer, the Administrator, certified that that person’s employment was likely to be continued, in the case of a male, until he reaches the age of fifty‑five years or, in the case of a female, until she reaches the age of fifty years; and (d) the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations. (2) Where: (a) a person employed, on the date of commencement of the Superannuation (Papua and New Guinea) Ordinance (No. 2) 1957, by that Administration otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment; (b) that person had been so employed for a continuous period of not less than three years; (c) that person had applied within six months after that date to the Administrator for a declaration under subsection 4B(2) of the Superannuation Ordinance; (d) that person had already been so employed for a period of not less than ten years or the Administrator was satisfied that that person’s employment was likely to be continued for a period which when added to the period during which that person had already been employed would result in the person having been employed for a period of not less than ten years; and (e) the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations.
Where a person employed by the Papua New Guinea Electricity Commission was required by the terms of his employment to give the whole of his time to the duties of his office and: (a) that person had, immediately before the commencement of these Regulations, been employed on such terms by the Administration of Papua New Guinea or that Commission, or both, for a continuous period of not less than three years and that Commission certified that that person’s employment was likely to be continued, in the case of a male, until he reaches the age of fifty‑five years or, in the case of a female, until she reaches the age of fifty years; (b) that person was, immediately before commencing his employment with that Commission, and had been for not less than six months, a contributor to a State Fund as defined in section 78 of the Superannuation Ordinance, or a Public Service Superannuation Fund as defined in section 82A of that Ordinance; or (c) the Administrator had, by notice in the Papua New Guinea Government Gazette, on the recommendation of that Commission, directed that that person be deemed to be an employee within the meaning of section 4 of that Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations.
A female employee who marries after the commencement of these Regulations shall, for the purposes of these Regulations, be deemed to have resigned on the date of her marriage.
(1) The Commissioner shall, as soon as practicable, prepare a report on the operations of the Superannuation Board during the year ended on 30 June 1973 and on the general administration and operation of Parts V, VI and IX of the Act during each relevant financial year, and furnish the report to the Minister. (2) The Minister shall cause a copy of the Commissioner’s report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister. (3) In subregulation (1), relevant financial year means the year ended on 30 June 1974, the year ended on 30 June 1975 and the year ended on 30 June 1976.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.
(1) In these Regulations, unless the contrary intention appears:
children includes children adopted by a contributor or by a contributor to the Provident Account and dependent on him at the time of his death.
continuing contributor means a person who, by virtue of regulation 9, continues, on and after 1 July 1976, to make contributions for a pension payable under these Regulations.
minimum number of units, in relation to a contributor:
(a) means the number of units (not including reserve units or non‑contributory units) provided by a contribution equal to one‑tenth of the salary of the contributor; or
(b) if a contribution equal to one‑tenth of the salary of the contributor would provide a number of units (not including reserve units or non‑contributory units) and a fraction of a unit—means that number of units and does not include that fraction of a unit.
non‑contributory unit means a unit of pension which is applicable to a contributor by virtue of regulation 13.
pension:
(a) means a pension payable under these Regulations; and
(b) includes:
(i) an associate pension under regulation 91; and
(ii) a pension payable, before the commencement of these Regulations, under the Superannuation Ordinance, being a pension that is preserved and continued in existence by, and payable under, these Regulations.
pensioner means a person in receipt of a pension.
reserve unit means a unit of pension to which Division 5 of Part II applies.
salary, in relation to a continuing contributor, means the amount determined from time to time under regulation 4B as his salary for the purposes of these Regulations.
service means continuous service as an employee under Part II of the Act and includes continuous service that was service within the meaning of the Superannuation Ordinance.
serving employee means an employee who, immediately before the commencement of the Superannuation (Papua New Guinea) Ordinance 1951, was a contributor under the Superannuation Ordinance 1917‑1955 of the Territory of Papua, the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea or the Superannuation Ordinances 1951.
student child means a child who has attained the age of sixteen years and is under the age of twenty‑one years, and is receiving full‑time education at a school, college or university.
Superannuation Ordinance means the Superannuation (Papua New Guinea) Ordinance 1951‑1973.
the Act means the Papua New Guinea (Staffing Assistance) Act 1973.
the maximum age for retirement means:
(a) in the case of a male contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply)—the age of fifty‑five years;
(b) in the case of a female contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply)—the age of fifty years;
(c) in the case of a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply—the age at which he resigns or retires;
(d) in the case of any other male contributor—the age of sixty years; and
(e) in the case of any other female contributor—the age of fifty‑five years.
(2) In these Regulations, a reference to an Ordinance is a reference to an Ordinance of Papua New Guinea as amended and in force at the relevant time. (3) A reference in these Regulations to the retirement of an employee upon his attaining the maximum age for retirement includes a reference to the case of an employee whose retirement takes place on the day before he attains that age. (4) For the purposes of the Act, a person who, immediately before the commencement of the Superannuation (Papua and New Guinea) Ordinance 1955, contributed to the Superannuation Fund or to the Provident Account as if he were an employee shall be deemed, during the period for which he was so contributing, to have been an employee. (5) In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule to these Regulations so numbered. (6) Unless the contrary intention appears, in the application of these Regulations on and after 1 July 1976 in relation to a continuing contributor: (a) a reference to the Board shall be read as a reference to the Commissioner; and (b) a reference to an employee or a contributor shall be read as a reference to a continuing contributor.
(1) In the application of these Regulations on and after 1 July 1976 in relation to a continuing contributor: (a) a reference to his retirement shall, unless the contrary intention appears, be read as a reference to the completion by him of the term of the first contract of employment entered into by him with the Government of Papua New Guinea or, if that term would expire after 30 June 1978, as a reference to the completion by him of a period of service in pursuance of that contract ending on that date; and (b) a reference to his resignation shall be read as a reference to the voluntary termination by him of that contract before the expiration of the term of that contract. (2) Where the contract of employment that a continuing contributor has entered into with the Government of Papua New Guinea is terminated in circumstances that, if that employment were employment under Part II of the Papua New Guinea (Staffing Assistance) Act 1973 as amended and in force on 30 June 1976, would be treated as retirement, retrenchment or dismissal, these Regulations shall, in their application, on and after 1 July 1976, to that continuing contributor, apply as if that termination was retirement, retrenchment or dismissal, as the case requires, in relation to employment under that Part.
(1) The Commissioner shall, from time to time as circumstances require, determine, as the salary of a continuing contributor for the purposes of these Regulations, an amount ascertained by adding to the basic former salary of that continuing contributor an amount, or the sum of the amounts, by which a comparable salary payable to an officer of the Australian Public Service has been increased since the relevant date, and the Commissioner shall specify in the determination the date on which the last increase in a comparable salary payable to such an officer taken into account in making the determination took effect. (2) Where the Commissioner has made a determination under this regulation in relation to a continuing contributor, for the purposes of these Regulations the salary of that continuing contributor shall, during the period from and including the date specified in that determination in pursuance of subregulation (1) to and including the date immediately preceding the date on which: (a) he ceases to be a continuing contributor; or (b) another determination under this regulation is made in relation to him; as the case may be, be deemed to be the amount so determined. (3) In determining, in relation to a continuing contributor, the amount referred to in subregulation (1), the Commissioner shall disregard any increase in the salary of that continuing contributor since the relevant date attributable to promotions received by him in the course of his service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea. (4) In this regulation:
basic former salary, in relation to a continuing contributor, means the salary that was payable to him on the relevant date in respect of his employment under Part II of the Papua New Guinea (Staffing Assistance) Act 1973 as amended and in force on that date.
relevant date means:
(a) in the case of a continuing contributor who, at any time during the period commencing on 1 July 1975 and ending on 30 June 1976, commenced service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea—the date immediately preceding the date on which he commenced that service; or
(b) in any other case—30 June 1976.
(1) Where at any time after 9 August 1951 a contributor has been or is appointed for a term of years to a statutory office in Papua New Guinea, he shall, for the purposes of these Regulations, be deemed, so long as he continues to be employed in that office (whether during, or after the expiration of, the term for which he was appointed), to be, and at all times since his appointment to that office to have been, an employee, and the cessation of that employment (otherwise than by retrenchment, discharge, dismissal or resignation) shall be deemed to be retirement for the purposes of these Regulations. (2) If the retirement referred to in subregulation (1) takes place at an earlier age than the maximum age for retirement, and is not on the ground of the employee’s invalidity or physical or mental incapacity to perform his duties, it shall be deemed to be the retirement of a contributor before attaining the maximum age for retirement for the purposes of regulation 32, and the provisions of that regulation shall apply accordingly. (3) Notwithstanding anything contained in subregulations (1) and (2), if an employee who is the holder of a statutory office gives notice in writing to the authority administering the Ordinance under which he was appointed, that he does not desire re‑appointment at the expiration of the term for which he was appointed, the notice shall, unless he has attained: (a) in the case of a male, the age of fifty years or, in the case of a female, the age of forty‑five years; or (b) the age of retirement (if any) fixed by law in respect of that statutory office; be deemed to be resignation for the purposes of regulation 39 or 76, as the case may be.
(1) Where: (a) a person who was, immediately before the commencement of these Regulations, employed by the Administration of Papua New Guinea otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment; (b) that person had been so employed for a continuous period of not less than three years; (c) the prescribed officer or, on appeal from the prescribed officer, the Administrator, certified that that person’s employment was likely to be continued, in the case of a male, until he reaches the age of fifty‑five years or, in the case of a female, until she reaches the age of fifty years; and (d) the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations. (2) Where: (a) a person employed, on the date of commencement of the Superannuation (Papua and New Guinea) Ordinance (No. 2) 1957, by that Administration otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment; (b) that person had been so employed for a continuous period of not less than three years; (c) that person had applied within six months after that date to the Administrator for a declaration under subsection 4B(2) of the Superannuation Ordinance; (d) that person had already been so employed for a period of not less than ten years or the Administrator was satisfied that that person’s employment was likely to be continued for a period which when added to the period during which that person had already been employed would result in the person having been employed for a period of not less than ten years; and (e) the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations.
Where a person employed by the Papua New Guinea Electricity Commission was required by the terms of his employment to give the whole of his time to the duties of his office and: (a) that person had, immediately before the commencement of these Regulations, been employed on such terms by the Administration of Papua New Guinea or that Commission, or both, for a continuous period of not less than three years and that Commission certified that that person’s employment was likely to be continued, in the case of a male, until he reaches the age of fifty‑five years or, in the case of a female, until she reaches the age of fifty years; (b) that person was, immediately before commencing his employment with that Commission, and had been for not less than six months, a contributor to a State Fund as defined in section 78 of the Superannuation Ordinance, or a Public Service Superannuation Fund as defined in section 82A of that Ordinance; or (c) the Administrator had, by notice in the Papua New Guinea Government Gazette, on the recommendation of that Commission, directed that that person be deemed to be an employee within the meaning of section 4 of that Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations.
A female employee who marries after the commencement of these Regulations shall, for the purposes of these Regulations, be deemed to have resigned on the date of her marriage.
(1) The Commissioner shall, as soon as practicable, prepare a report on the operations of the Superannuation Board during the year ended on 30 June 1973 and on the general administration and operation of Parts V, VI and IX of the Act during each relevant financial year, and furnish the report to the Minister. (2) The Minister shall cause a copy of the Commissioner’s report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister. (3) In subregulation (1), relevant financial year means the year ended on 30 June 1974, the year ended on 30 June 1975 and the year ended on 30 June 1976.
These Regulations are the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.
(1) In these Regulations, unless the contrary intention appears:
children includes children adopted by a contributor or by a contributor to the Provident Account and dependent on him at the time of his death.
continuing contributor means a person who, by virtue of regulation 9, continues, on and after 1 July 1976, to make contributions for a pension payable under these Regulations.
minimum number of units, in relation to a contributor:
(a) means the number of units (not including reserve units or non‑contributory units) provided by a contribution equal to one‑tenth of the sal
This is an opening excerpt, not the complete document.