Parliamentary Salaries, Allowances and Superannuation Act 1968

Part 1—Preliminary

1 Short title, commencement and division

S. 1(1) amended by No. 5/2019 s. 48(2).

(1) This Act may be cited as the Parliamentary Salaries, Allowances and Superannuation Act 1968.

(2) The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

S. 1(3) repealed by No. 78/2004 s. 6(2).

S. 2 repealed by No. 9863 s. 2, new s. 2 inserted by No. 5/2019 s. 49.

2 Purpose

The purpose of this Act is to—

(a) provide for salaries and additional salaries for Members; and

(b) provide for allowances and the Budget for Members to support them in the performance of their public duties; and

(c) set out a Statement of Principles with respect to the use of public resources by Members; and

(d) establish a monitoring, compliance and enforcement scheme in relation to the use of work-related parliamentary allowances and the Budget by Members; and

(e) provide superannuation arrangements for Members and former Members.

3 Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 3 def. of additional salary inserted by No. 5/2019 s. 50(2).

additional salary means the additional salary payable to a Member who is a specified parliamentary office holder in respect of that specified parliamentary office as set out in a Determination that is currently in effect;

Assembly means the Legislative Assembly of Victoria;

S. 3 def. of basic salary inserted by No. 8663 s. 2, substituted by No. 8687 s. 2, amended by Nos 55/2004 s. 3, 41/2007 s. 3, substituted by No. 37/2013 s. 3(1), amended by No. 44/2014 s. 33(Sch. item 17), substituted by No. 5/2019 s. 50(1)(a).

basic salary means the basic salary payable to a Member as set in a Determination that is currently in effect;

S. 3 def. of Budget inserted by No. 5/2019 s. 50(2).

Budget means the Electorate Office and Communications Budget of a Member under section 7F;

S. 3 def. of Capital city repealed by No. 9432 s. 2(1).

S. 3 def. of charitable institution inserted by No. 37/2011 s. 4.

charitable institution means—

(a) any charitable, religious, scientific or educational institution (including any institution providing residential accommodation wholly or principally for full-time students attending an educational institution);

(b) any institution being, or carrying on, a hospital;

(c) any institution the sole or principal purpose of which is to assist in the saving of life, or the prevention of loss

or damage to property, whether at sea or otherwise—

being an institution which is not carried on for the purpose of profit or gain to its individual members and which is not empowered to make any distribution, whether in money, property or otherwise, to its members;

S. 3 def. of Compliance Officer inserted by No. 5/2019 s. 47(1).

Compliance Officer has the same meaning as it has in section 3 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;

Council means the Legislative Council of Victoria;

S. 3 def. of Deputy Leader of the Opposition inserted by No. 8530 s. 3(1)(a)(i), amended by No. 25/2023 s. 7(Sch. 1 item 18.1(a)).

Deputy Leader of the Opposition means the member of the Assembly who is for the time being the Deputy Leader of the Opposition;

S. 3 def. of Determination inserted by No. 5/2019 s. 50(2).

Determination has the same meaning as it has in section 3 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;

S. 3 def. of District repealed by No. 9432 s. 2(1).

S. 3 def. of general election inserted by No. 37/2013 s. 3(2).

general election has the same meaning as it has in section 3 of the Electoral Act 2002;

S. 3 def. of Leader of the Opposition inserted by No. 8530 s. 3(1)(a)(ii), amended by No. 25/2023 s. 7(Sch. 1 item 18.1(b)).

Leader of the Opposition means the member of the Assembly who is for the time being the Leader of the Opposition;

S. 3 def. of Melbourne Post Office inserted by No. 8530 s. 3(1)(a)(ii), repealed by No. 9432 s. 2(1).

S. 3 def. of member substituted as Member by No. 5/2019 s. 50(1)(b).

Member means Member of the Parliament of Victoria;

S. 3 def. of prescribed inserted by No. 5/2019 s. 50(2).

prescribed means prescribed by regulations made under this Act;

President means the President of the Council;

S. 3 def. of Presiding Officer inserted by No. 37/2013 s. 3(2).

Presiding Officer means the President or the Speaker;

S. 3 def. of Province repealed by No. 9432 s. 2(1).

S. 3 def. of public duties inserted by No. 5/2019 s. 50(2).

public duties has the same meaning as it has in section 2(1) of the Members of Parliament (Standards) Act 1978;

S. 3 def. of public resources inserted by No. 5/2019 s. 50(2).

public resources means the work-related parliamentary allowances and other funding, resources or facilities, including the Budget, provided for use by Members in the performance of their public duties but does not include—

(a) basic salaries and additional salaries; or

(b) the separation payment under section 7E;

S. 3 def. of relevant Clerk inserted by No. 5/2019 s. 50(2).

relevant Clerk means—

(a) if the Member is a Member of the Assembly, the Clerk of the Assembly; or

(b) if the Member is a Member of the Council, the Clerk of the Council;

S. 3 def. of relevant Officer inserted by No. 5/2019 s. 50(2).

relevant Officer means—

(a) in relation to work-related parliamentary allowances, the relevant Clerk; or

(b) in relation to the Budget, the Secretary of the Department of Parliamentary Services;

Speaker means the Speaker of the Assembly;

S. 3 def. of specified parliamentary office inserted by No. 5/2019 s. 50(2).

specified parliamentary office means any of the following offices held by a Member in addition to their role as a Member—

(a) Premier;

(b) Deputy Premier:

(c) any other responsible Minister of the Crown;

(d) Leader of the Opposition;

(e) President;

(f) Speaker;

(g) Deputy President;

(h) Deputy Speaker;

(i) Deputy Leader of the Opposition in the Assembly;

(j) Leader of the Opposition in the Council;

(k) Leader of the Third Party (unless they are also the Leader or Deputy Leader of the Opposition or a Minister of the Crown);

(l) Cabinet Secretary;

(la) Parliamentary Secretary to the Premier;

(m) a Shadow Minister;

(n) a Chairperson of a parliamentary committee (including a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003, a standing committee, a select committee and a domestic committee);

(o) a Deputy Chairperson of a parliamentary committee (including a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003, a standing committee, a select committee and a domestic committee);

(p) Government Whip in the Assembly;

(pa) Deputy Government Whip in the Assembly;

(q) Deputy Leader of the Opposition in the Council;

(r) a Parliamentary Secretary (other than the Parliamentary Secretary to the Premier);

(s) Deputy Leader of the Third Party (unless they are also the Leader or Deputy Leader of the Opposition or a Minister of the Crown);

(t) Government Whip in the Council;

(u) Opposition Whip in the Assembly;

(v) Opposition Whip in the Council;

(w) Whip of the Third Party in the Assembly;

(x) Whip of the Third Party in the Council;

(y) Secretary of the Party forming the Government;

(z) Secretary of the Opposition Party;

(za) Secretary of the Third Party;

(zb) any other prescribed parliamentary office;

S. 3 def. of specified parliamentary office holder inserted by No. 5/2019 s. 50(2).

specified parliamentary office holder means a Member who holds a specified parliamentary office;

S. 3 def. of third party inserted by No. 8530 s. 3(1)(a)(iii), amended by Nos 9432 s. 3(a), 22/1996 s. 30.

third party means a recognized party which consists of eleven members at least of the Parliament.

S. 3 def. of Tribunal inserted by No. 5/2019 s. 50(2).

Tribunal has the same meaning as it has in section 3 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;

S. 3 def. of Tribunal Guidelines inserted by No. 5/2019 s. 50(2).

Tribunal Guidelines, in Divisions 4 and 5 of Part 2, means guidelines made by the Tribunal under section 36(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;

S. 3 def. of work-related parliamentary allowances inserted by No. 5/2019 s. 50(2).

work-related parliamentary allowances means the allowances specified in section 6(2).

S. 3A inserted by No. 3/1993 s. 3, repealed by No. 55/2004 s. 4,
new s. 3A inserted by No. 20/2009 s. 3, amended by No. 46/2011 s. 3, repealed by No. 37/2013 s. 4.

S. 3B inserted by No. 34/2012 s. 3, repealed by No. 37/2013 s. 4.

Pt 1
(Heading) substituted as Pt 2
(Heading) by No. 78/2004 s. 6(1)(b), amended by No. 5/2019 s. 51.

Part 2—Parliamentary salaries and allowances and the Budget

Ss 4, 5 repealed by No. 8530 s. 3(1)(b).

Pt 2 Div. 1 (Heading and ss 4–4C) inserted by No. 5/2019 s. 52.

Division 1—Statement of Principles

New s. 4 inserted by No. 5/2019 s. 52.

4 Outline of Division

This Division sets out a Statement of Principles that applies in respect of the use of public resources by Members.

S. 4A inserted by No. 5/2019 s. 52.

4A Fair and reasonable recompense for public duties

(1) A Member should receive fair and reasonable recompense for performing their public duties.

(2) Public resources are provided to a Member to support them in performing their public duties.

S. 4B inserted by No. 5/2019 s. 52.

4B Good faith and integrity

A Member must act ethically, reasonably and in good faith when using, and accounting for the use of, public resources in relation to the performance of their public duties.

S. 4C inserted by No. 5/2019 s. 52.

4C Personal responsibility and accountability

(1) A Member must be responsible and accountable for their use of public resources.

(2) A Member must be prepared for their claims to be made publicly available.

(3) A Member must be able to publicly justify their use of public resources.

Pt 2 Div. 2 (Heading) inserted by No. 5/2019 s. 53.

Division 2—Salaries, work-related parliamentary allowances and other allowances

S. 6 amended by Nos 8086 s. 3(a), 8530 s. 3(1)(c), substituted by No. 8663 s. 3, amended by Nos 8877 s. 2, 9432 s. 3(b), 65/1992 s. 4, 29/2000 s. 9, 110/2003 s. 62, 4/2007 s. 9, substituted by No. 37/2013 s. 5, amended by Nos 2/2019 s. 193, 4/2019 s. 6, 5/2019 s. 47(2)–(5), substituted by No. 5/2019 s. 54.

6 Members' salaries and allowances and work-related parliamentary allowances

(1) A Member is to be paid—

(a) a basic salary and the electorate allowances and the expense allowances (if any); and

(b) if the Member is a specified parliamentary office holder, the additional salary payable in respect of that specified parliamentary office; and

(c) if the Member does not elect to be provided with a motor vehicle under section 6(6), the motor vehicle allowance.

(2) Subject to this Act and the regulations, a Member is to receive the following work‑related parliamentary allowances to support them in the exercise of their public duties—

(a) a parliamentary accommodation sitting allowance;

(b) a travel allowance;

(c) any other prescribed allowance.

(3) A Member who concurrently holds more than one specified parliamentary office is only entitled to receive one additional salary, being the highest additional salary to which the Member is entitled.

(4) The Leader of the Opposition must notify the relevant Clerk of a House in writing of the name of any Member of that House who holds the specified parliamentary office of Shadow Minister within 7 days of the Member holding or ceasing to hold that office.

(5) The Leader of the Opposition may under subsection (4) notify a number of Members who hold the specified parliamentary office of Shadow Minister being a number that is not greater than the number of Members who currently hold the specified parliamentary office of Minister.

(6) A Member may elect, in accordance with the regulations, to be provided with a motor vehicle in lieu of receiving a motor vehicle allowance under subsection (1)(c).

S. 7 amended by Nos 9432 ss 3(c), 4, 4/1996 s. 64(1)(2) 24/1996 s. 32, substituted by No. 37/2013 s. 5.

7 Calculation of salaries and allowances under section 6

(1) Any payment to which any person is entitled under section 6 by reason only of being a member of the Council or the Assembly is to be calculated—

(a) from and including the day appointed for taking the poll at the election at which the person was elected; or

(b) in the case of a person elected at a by‑election without the taking of a poll, from and including the day of the declaration of the election; or

(c) in the case of a person who becomes a member of the Council as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Council, from and including the day that the person is chosen to fill the casual vacancy.

(2) Subject to subsections (4) and (5), in the case of any member who immediately before retirement from the Council or the Assembly by effluxion of time was a member of the Council or the Assembly, any payment referred to in section 6 is to be calculated up to but excluding the day appointed for taking the poll at the next following general election.

(3) Subject to subsections (4) and (5), in any case other than that specified in subsection (2) any payment referred to in section 6 is to be calculated up to the day when the member ceases to be a member.

(4) Subject to subsection (6), any payment to a person holding an office under the Crown or in the Parliament is to be calculated from and including the day upon which the person was appointed to the office up to and including the day upon which the person ceases to hold the office.

(5) For the purpose of calculating the entitlement under section 6 of a person who, immediately before a dissolution of the Assembly, holds the office of—

(a) Leader of the Opposition;

(b) Deputy Leader of the Opposition in the Assembly;

(c) Leader of the Opposition in the Council;

(d) Leader of the Third Party in the Assembly;

(e) Cabinet Secretary;

(f) Shadow Minister;

(g) Deputy Leader of the Opposition in the Council;

(h) Leader of the Third Party in the Council;

(i) Parliamentary Secretary—

is to be taken to continue to hold that office up to but excluding the day appointed for taking the poll at the next following general election.

(6) For the purpose of calculating the entitlement under subsection (2), a person who is a responsible Minister of the Crown or the President or the Speaker is to be taken to continue to hold office and to be a member so long as the person is or is deemed to be a responsible Minister or the Presiding Officer of the Council or the Assembly.

(7) The amount of any additional salary or allowance is to be calculated to the nearest dollar.

S. 7A inserted by No. 83/2008 s. 14.

7A Salary sacrifice

(1) A member may by notice in writing enter into an arrangement under which the member agrees to receive the whole or part of his or her total amount of future remuneration as non-salary benefits of an equivalent value.

(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(3) A member may by notice in writing vary or revoke a notice he or she has given under subsection (1).

(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.

(5) A notice under this section must be given to—

(a) in relation to a person who is a member of the Legislative Assembly, the Clerk of the Legislative Assembly; and

(b) in relation to a person who is a member of the Legislative Council, the Clerk of the Legislative Council.

(6) This section does not apply to permit an arrangement under this section to salary sacrifice contributions—

S. 7A(6)(a) amended by No. 61/2013 s. 16(1).

(a) to the Scheme under Part 3; or

(b) to the chosen fund or default fund under Part 4.

(7) If, before the commencement of section 14 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a member entered into an arrangement under which the member agreed to receive the whole or part of his or her total amount of salary as a member as non‑salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(8) On and after the commencement of section 14 of the 2008 Act, an arrangement referred to in subsection (7) may only be varied or revoked in accordance with subsection (3).

(9) In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.

S. 7B inserted by No. 37/2011 s. 3.

7B Imposition of fine

(1) If a member is suspended from the service of the Council or the Assembly after being named under the Standing Orders of the Council or the Assembly, a fine is imposed on the member by virtue of this Act calculated in accordance with subsection (2).

(2) The amount of the fine is to be calculated by multiplying the daily rate of the basic salary of the member by the number of days in the sitting period during which the member is suspended from the service of the Council or the Assembly.

(3) For the purposes of subsection (2)—

(a) the daily rate of the basic salary of the member is to be calculated by dividing the basic salary of the member by 365;

(b) the number of days is to be calculated by rounding up to the nearest whole day for the sitting period during which the Council or the Assembly sat while the member was suspended from the service of that House.

(4) The Clerk of the Council or the Clerk of the Assembly must notify the member in writing of the amount determined to be deducted from the salary of the member under subsection (5).

(5) A fine imposed under this section is to be deducted from the salary of the member.

(6) A fine imposed under this section does not constitute a reduction in the salary of the member and does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act.

S. 7C inserted by No. 37/2011 s. 3.

7C Assembly Suspension Fines Fund

(1) There is established an Assembly Suspension Fines Fund.

(2) Any fine imposed on a member of the Assembly under section 7B must be paid into the Assembly Suspension Fines Fund.

(3) The Assembly Suspension Fines Fund is to be administered by the Speaker.

(4) The Speaker must distribute the amount standing to the credit of the Assembly Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the Speaker in each year.

(5) The Speaker must as soon as possible after making a distribution under subsection (4) table a report in the Assembly specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.

S. 7D inserted by No. 37/2011 s. 3.

7D Council Suspension Fines Fund

(1) There is established a Council Suspension Fines Fund.

(2) Any fine imposed on a member of the Council under section 7B must be paid into the Council Suspension Fines Fund.

(3) The Council Suspension Fines Fund is to be administered by the President.

(4) The President must distribute the amount standing to the credit of the Council Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the President in each year.

(5) The President must as soon as possible after making a distribution under subsection (4) table a report in the Council specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.

S. 7E inserted by No. 37/2013 s. 6, amended by No. 61/2013 s. 16(2), substituted by No. 5/2019 s. 55.

7E Separation payment

(1) This section applies to a person who is not a member of the Scheme under Part 3 and who—

(a) dies whilst in office as a Member of Parliament; or

(b) otherwise ceases to be a member of either House of the Parliament or does not seek re‑election at a general election for any reason, other than corrupt conduct or a significant and wilful breach.

S. 7E(2) amended by No. 27/2024 s. 142.

(2) Subject to this section and section 7EA, a person to whom this section applies is entitled to a separation payment calculated in accordance with subsections (3) and (4).

(3) The separation payment is the total amount determined in accordance with this subsection and subsection (4), as is applicable—

(a) if the person served as a member in the Parliament for a period of up to one term or a period of one term, an amount equivalent to 3 months of the annual basic salary payable to the member immediately before the day that the person died or otherwise ceased to be a member or did not seek re-election; or

(b) if the person served as a member for a period of 2 terms or more, an amount equivalent to 6 months of the annual basic salary payable to the member immediately before the day that the person died or otherwise ceased to be a member or did not seek re-election.

(4) If the person served as a member in the Parliament for more than one term but less than two terms, the separation payment in relation to the period not served as a full term is to be determined on a pro rata basis in accordance with the following formula—

View image in the official source

where—

A is the number of months the person served in that term (rounded up to the nearest whole number of months);

B is the number of months (rounded up to the nearest whole number of months) that the person would have served if the person had served a full term during that Parliament;

C is an amount equal to 3 months of the annual basic salary.

(5) A person must repay a separation payment received under this section if, during the term of the Parliament in which the person ceased
to be a member or in the term of the Parliament immediately after the general election at which the person ceased to be a member, the person—

(a) is declared elected as a result of a declaration of the Court of Disputed Returns under the Electoral Act 2002; or

(b) is re-elected as a member of either House of the Parliament; or

(c) becomes a member as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Council.

(6) If a person ceases to be a member of either House of the Parliament because of their death, the separation payment to which the person would be entitled if they had not died is to be paid to—

(a) a person or persons that had been nominated in writing to the Clerk of the relevant House of the Parliament by the member; or

(b) if the member had not made a nomination under paragraph (a) before their death, a person or persons that the Clerk of the relevant House of the Parliament is satisfied is or are the beneficiary or beneficiaries of the member.

(7) If a former Member is convicted of corrupt conduct in connection with their period in office as a Member, the separation payment made to the former Member becomes a debt due to the State and may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.

(8) If the Clerk of the relevant House of the Parliament determines that a former Member has committed a significant and wilful breach in connection with their period in office as a Member, the separation payment made to the former Member becomes a debt due to the State and may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.

(9) The Clerk of the relevant House of the Parliament may request a former Member by notice in writing to provide any information which the Clerk of the relevant House of the Parliament considers is reasonably necessary to determine whether the former Member has committed a significant and wilful breach in connection with their period in office as a Member.

(10) If a former Member does not comply with a request under subsection (9), the Clerk of the relevant House of the Parliament may determine that the former Member has committed a significant and wilful breach in connection with their period in office as a Member.

(11) If the Clerk of the relevant House of the Parliament proposes to make a determination that the former Member has committed a significant and wilful breach in connection with their period in office as a Member, the Clerk of the relevant House of the Parliament must provide the former Member—

(a) reasonable notice of the proposed determination; and

(b) a reasonable opportunity to make submissions in relation to the proposed determination.

(12) A former Member may within 28 days of being advised by the Clerk of the relevant House of the Parliament of the determination made by the Clerk of the relevant House of the Parliament under subsection (8) appeal in the prescribed form to the Compliance Officer against the determination.

(13) The Compliance Officer must provide the former Member who has appealed and the Clerk of the relevant House of the Parliament who made the determination a reasonable opportunity to make submissions in relation to the appeal.

(14) The Compliance Officer may request the former Member who has appealed or the Clerk of the relevant House of the Parliament who made the determination to provide further information in relation to the appeal.

(15) If the former Member does not comply with a request under subsection (14), the Compliance Officer may reject the appeal and notify the former Member accordingly.

(16) The Compliance Officer must consider any submissions under subsection (13) and any further information under subsection (14) before determining the appeal.

(17) If the Compliance Officer determines to uphold the appeal, the Compliance Officer must notify the former Member and the Clerk of the relevant House of the Parliament.

(18) If the Clerk of the relevant House of the Parliament is notified under subsection (17) that the Compliance Officer has upheld the appeal, the former Member retains the separation payment.

(19) If the Compliance Officer determines to reject the appeal, the Compliance Officer must notify the former Member and the Clerk of the relevant House of the Parliament.

(20) If the Compliance Officer determines to reject the appeal, the separation payment made to the former Member becomes a debt due to the State and may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.

(20A) If the Compliance Officer considers that a statement of findings and any required actions should be published in a particular case, the Compliance Officer may at any time cause the statement to be transmitted to each House of the Parliament.

(20B) The Clerk of each House of the Parliament must cause a statement of findings and any required actions transmitted under subsection (20A) to be laid before the House on the day on which it is received or on the next sitting day of that House of the Parliament.

(20C) If the Compliance Officer proposes to transmit a statement of findings and any required actions under subsection (20A), the Compliance Officer must publish the statement on the Tribunal's Internet site as soon as practicable after giving it to the Clerks.

(21) A former Member is not entitled to the reimbursement of any legal costs incurred by the Member in relation to this section.

(22) The Clerk of the relevant House of the Parliament must include the following in the annual report of the Parliament—

(a) the number of Members who received a separation payment;

(b) the number of determinations made under subsection (8);

(c) the number of former Members who have not complied with a request under subsection (9).

(23) In this section—

corrupt conduct has the meaning given in section 4 of the Independent Broad‑based Anti-corruption Commission Act 2011;

general election includes—

(a) a supplementary election held as a result of a failed election at a general election; or

(b) a re-election held as a result of a tied election at a general election;

significant and wilful breach means a significant and wilful breach of the Code of Conduct under the Members of Parliament (Standards) Act 1978.

S. 7EA inserted by No. 27/2024 s. 143.

7EA Separation payment—finding of serious parliamentary misconduct, improper conduct or detrimental action

(1) The Parliamentary Workplace Standards and Integrity Commission may determine that a person is not entitled to a separation payment under section 7E if the Commission makes a finding under the Parliamentary Workplace Standards and Integrity Act 2024 that the person—

(a) has engaged in serious parliamentary misconduct; or

(b) has engaged, is engaging or proposes to engage in improper conduct; or

(c) has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012.

(2) A determination under subsection (1) must be made by written notice to the person who is the subject of the determination.

(3) The Parliamentary Workplace Standards and Integrity Commission must provide a copy of a determination under subsection (1) to the Clerk of the relevant House of the Parliament.

(4) A person who is the subject of a determination under subsection (1) is not entitled to appeal to the Compliance Officer against the determination.

(5) A separation payment made to a person who is the subject of a determination under subsection (1)—

(a) becomes a debt due to the State; and

(b) may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.

(6) In this section—

improper conduct has the same meaning as in the Public Interest Disclosures Act 2012;

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

serious parliamentary misconduct has the same meaning as in the Parliamentary Workplace Standards and Integrity Act 2024.

Pt 2 Div. 3 (Heading and s. 7F) inserted by No. 5/2019 s. 56.

Division 3—The Budget

S. 7F inserted by No. 5/2019 s. 56.

7F The Budget

(1) A Member is to be provided with an Electorate Office and Communications Budget.

(2) The Budget is available to a Member to—

(a) fund the operating costs and maintenance of their electorate office; and

(b) communicate with their electorate in relation to the performance of their public duties.

(3) The Budget is to be funded in the annual Appropriation (Parliament) Act.

S. 8 amended by No. 8086 s. 3(b)(c), substituted by Nos 8530 s. 3(1)(d), 8663 s. 4, amended by Nos 4/1996 s. 64(3), 3/2003 s. 10(1), 37/2013 s. 7, repealed by No. 5/2019 s. 57(1).

Ss 8A, 8B inserted by No. 8530 s. 3(1)(d), repealed by No. 8663 s. 4, new ss 8A, 8B inserted by No. 37/2013 s. 8, repealed by No. 5/2019 s. 57(1).

S. 8C inserted by No. 8530 s. 3(1)(d), repealed by No. 8663 s. 4.

No. 6224 s. 36.

9 Application of Consolidated Fund

S. 9(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 179), 83/2008 s. 15, 5/2019 s. 58.

(1) All moneys payable by way of salary or allowance under this Part (including the amount of any non‑salary benefits and any amount salary sacrificed under Part 4 but excluding the Budget) shall be paid out of the Consolidated Fund which is hereby appropriated accordingly.

S. 9(2) amended by No. 10087 s. 3(1)(Sch. 1 item 179).

(2) All moneys payable under this Part which are not claimed within three months after they might lawfully be claimed shall revert to the Consolidated Fund.

S. 9(3) inserted by No. 3/2003 s. 10(2), repealed by No. 37/2013 s. 9.

Pt 2 Div. 4 (Heading and ss 9A–9J) inserted by No. 5/2019 s. 59.

Division 4—Monitoring, compliance and enforcement provisions relating to work-related parliamentary allowances and the Budget

S. 9A inserted by No. 5/2019 s. 59.

9A Value for money

A Member must provide value for money in using their work-related parliamentary allowances and Budget by ensuring that the costs incurred are reasonable and proportionate to the costs of performing their public duties.

S. 9B inserted by No. 5/2019 s. 59.

9B Dominant purpose test

(1) A Member must not claim or use a work‑related parliamentary allowance or their Budget unless it is claimed for the dominant purpose of performing their public duties.

(2) A Member can only claim or use a work‑related parliamentary allowance or their Budget for the travel expenses of another individual if that individual's travel is essential to support and execute the Member's public duties.

S. 9C inserted by No. 5/2019 s. 59.

9C Member must not make claims or use or incur expenses in breach of Tribunal Guidelines or terms or conditions

(1) A Member must claim or use work-related parliamentary allowances and the Budget provided to them responsibly and only for legitimate purposes in connection with their public duties.

(2) The relevant Officer may impose terms and conditions in respect of the provision, claim and use of work-related parliamentary allowances and the Budget in addition to any prescribed terms and conditions.

(3) A Member must be aware of, and comply with, the Tribunal Guidelines and the terms and conditions that apply to the provision, claim and use of the work‑related parliamentary allowances and the Budget.

(4) A Member must not make a claim for, or use, a work-related parliamentary allowance or the Budget if that claim or use would be in breach of the Tribunal Guidelines or a term or condition to which the work-related parliamentary allowance or the Budget is subject.

(5) Any term or condition imposed by a relevant Officer under subsection (2) must not be inconsistent with any regulation made under section 9K.

(6) If any term or condition imposed by a relevant Officer under subsection (2) is inconsistent with any regulation under section 9K in effect before or after the imposing of the term or condition, the regulation prevails to the extent of the inconsistency.

(7) Any term or condition imposed by a relevant Officer under subsection (2) must not be inconsistent with any Tribunal Guidelines.

(8) If any term or condition imposed by a relevant Officer under subsection (2) is inconsistent with any Tribunal Guidelines in effect before or after the imposing of the term or condition, the Tribunal Guidelines prevail to the extent of the inconsistency.

S. 9D inserted by No. 5/2019 s. 59.

9D Travel allowance to be claimed as a reimbursement

A Member may only claim a travel allowance by making a claim for the reimbursement of costs incurred in relation to the use of the travel allowance.

S. 9E inserted by No. 5/2019 s. 59.

9E Claim for work-related parliamentary allowance or under the Budget

(1) A claim for a work-related parliamentary allowance or under the Budget must—

(a) be lodged with the relevant Officer; and

(b) include a certificate given by the Member that the claim complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and

(c) if the claim when added to any previous claims made in respect of travel allowances in a calendar year exceeds 68 nights in that calendar year, include an explanation by the Member.

(2) A claim for a work-related parliamentary allowance or under the Budget must be accompanied by—

(a) the prescribed supporting documentation; and

(b) if the claim when added to any previous claims made in respect of travel allowances in a calendar year exceeds 68 nights in that calendar year, any additional prescribed documentation.

S. 9F inserted by No. 5/2019 s. 59.

9F Relevant Officer may request further information

(1) The relevant Officer may request a Member by notice in writing to provide further information—

(a) in support of the claim for a work‑related parliamentary allowance or under the Budget; or

(b) about the claim for, or conduct in relation to, a work-related parliamentary allowance or under the Budget—

which the relevant Officer considers is reasonably necessary to determine the claim for a work-related parliamentary allowance or under the Budget.

(2) If a Member does not comply with a request under subsection (1), the relevant Officer may determine that they are not satisfied that the claim for, or conduct in relation to, a work-related parliamentary allowance or the Budget made by the Member complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines.

S. 9G inserted by No. 5/2019 s. 59.

9G Relevant Officer must make determination

(1) The relevant Officer must determine whether—

complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines.

(2) If the relevant Officer determines that—

complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must pay the Member the value of the claim for the work-related parliamentary allowance or under the Budget that complies in whole or in part.

(3) If the relevant Officer proposes to determine that they are not satisfied that—

(a) the claim for a work-related parliamentary allowance or under the Budget; or

(b) the conduct relating to the work-related parliamentary allowance or the Budget—

complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must provide the Member who made the claim for the work-related parliamentary allowance or under the Budget—

(c) reasonable notice of the proposed determination; and

(d) a reasonable opportunity to make submissions in relation to the proposed determination.

(4) If the relevant Officer is satisfied after considering a submission under subsection (3) that—

complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must pay the Member the value of the claim for the work-related parliamentary allowance or under the Budgetthat complies in whole or in part.

(5) If the relevant Officer is not satisfied after considering all the submissions made under subsection (3) that—

complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must—

(c) reject the claim for the work-related parliamentary allowance or under the Budget; and

(d) advise the Member that the claim for the work-related parliamentary allowance or under the Budget has been rejected.

(6) Subsection (7) applies if—

(a) the relevant Officer has determined that they are not satisfied that the claim or part of the claim for a work-related parliamentary allowance or under the Budget or the conduct in relation to the claim for the work‑related parliamentary allowance or under the Budget complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and

(b) the Member has already received a payment in respect of the claim or part of the claim for the work-related parliamentary allowance or under the Budget.

(7) If this subsection applies, the Member must within 28 days of being advised by the relevant Officer, or if the Member has lodged an appeal and is advised by the Compliance Officer that the appeal has been rejected, within 28 days of being advised by the Compliance Officer—

(a) repay the amount of the claim or part of the claim for the work-related parliamentary allowance or under the Budget received in breach of this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and

(b) pay a penalty that is equal to 25 per cent of the amount specified in paragraph (a).

(8) If the Member does not repay the amount under subsection (7), the relevant Officer may—

(a) deduct that amount from any salary or allowance or Budget payable to the Member; or

(b) recover the amount as a debt due to the State in a court of competent jurisdiction.

(9) A Member is not entitled to the reimbursement of any legal costs incurred by the Member in relation
to this section.

S. 9H inserted by No. 5/2019 s. 59.

9H Member may appeal

(1) This section applies if a Member is aggrieved by a determination of the relevant Officer under section 9G.

(2) A Member may within 28 days of being advised by the relevant Officer of the determination made by the relevant Officer under section 9G appeal in the prescribed form to the Compliance Officer against the determination.

(3) The Compliance Officer must provide the Member who has appealed and the relevant Officer who made the determination a reasonable opportunity to make submissions in relation to the appeal.

(4) The Compliance Officer may request the Member who has appealed or the relevant Officer who made the determination to provide further information in relation to the appeal.

(5) If the Member does not comply with a request under subsection (4), the Compliance Officer may reject the appeal and notify the Member accordingly.

(6) The Compliance Officer must consider any submissions under subsection (3) and any further information under subsection (4) before determining the appeal.

(7) If the Compliance Officer determines to uphold the appeal, the Compliance Officer must notify the Member and the relevant Officer.

(8) If the relevant Officer is notified under subsection (7) that the Compliance Officer has upheld the appeal, the relevant Officer must accept the claim and make the payment of the claim for the work‑related parliamentary allowance or under the Budget.

(9) If the Compliance Officer determines to reject the appeal, the Compliance Officer must notify the Member and relevant Officer.

(9A) If the Compliance Officer considers that a statement of findings and any required actions should be published in a particular case, the Compliance Officer may at any time cause the statement to be transmitted to each House of the Parliament.

(9B) The Clerk of each House of the Parliament must cause a statement of findings and any required actions transmitted under subsection (9A) to be laid before the House on the day on which it is received or on the next sitting day of that House of the Parliament.

(9C) If the Compliance Officer proposes to transmit a statement of findings and any required actions under subsection (9A), the Compliance Officer must publish the statement on the Tribunal's Internet site as soon as practicable after giving it to the Clerks.

(10) The Member must within 28 days of being notified under subsection (9) that the appeal has been rejected—

(a) repay the amount of the claim for the work-related parliamentary allowance or under the Budget received in breach of this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and

(b) pay a penalty that is equal to 25 per cent of the amount specified in paragraph (a).

(11) If the Member does not repay the amount under subsection (10), the relevant Officer may—

(a) deduct that amount from any salary or allowance or Budget payable to the Member; or

(b) recover the amount as a debt due
to the State in a court of competent jurisdiction.

(12) A Member is not entitled to the reimbursement of any legal costs incurred by the Member in relation to this section.

S. 9I inserted by No. 5/2019 s. 59.

9I Prescribed details to be published

The relevant Officer must publish the prescribed details in respect of claims for work-related parliamentary allowances or under the Budget and expense allowances (if any) and electorate allowances and the motor vehicle allowance (if claimed) made to the relevant Officer during each period of 3 months ending 31 March, 30 June, 30 September and 31 December as soon as practicable after the end of each period.

S. 9J inserted by No. 5/2019 s. 59.

9J Information to be included in annual report

The relevant Officer must include in the annual report of the Parliament the prescribed details in respect of—

(a) claims and determinations in respect of work-related parliamentary allowances or under the Budget and expense allowances (if any) and electorate allowances and the motor vehicle allowance (if claimed) lodged with the relevant Officer by Members during the year; and

(b) Members who have submitted claims for a travel allowance exceeding 68 nights for that year and the documentation provided in support; and

(c) Members who have not complied with a request made by the relevant Officer under section 9F during the year; and

(d) any other prescribed matter.

Pt 2 Div. 5 (Heading and ss 9K, 9L) inserted by No. 5/2019 s. 59.

Division 5—Regulations and guidelines

S. 9K inserted by No. 5/2019 s. 59.

9K Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by Part 1 and this Part to be prescribed or necessary to be prescribed to give effect to Part 1 and this Part.

(2) Without limiting the generality of subsection (1), the Governor in Council may make regulations for or with respect to—

(a) prescribing a parliamentary office to be a prescribed parliamentary office for the purposes of paragraph (zb) of the definition of specified parliamentary office in section 3;

(b) prescribing allowances payable under this Part;

(c) the terms and conditions which are to apply to the provision and use of work-related parliamentary allowances and the Budget;

(d) the provision of any article, equipment or service to Members;

(e) the terms and conditions which are to apply to the provision and use of the article, equipment or service;

(f) the calculation and imposition of any contribution which the Member is required to make from the salary of the Member towards the cost of providing the article, equipment or service.

(3) Without limiting the generality of subsection (1), the Governor in Council may make regulations for or with respect to—

(a) the provision of motor vehicles to Members;

(b) the terms and conditions which are to apply to the provision and use of that motor vehicle.

(4) The Minister must not submit for making any regulations proposed to be made under subsection (2)(a) unless the Minister has obtained the approval of the Presiding Officers.

(5) For the purposes of this section and any regulations made under subsection (3), motor vehicle includes any related equipment or services.

(6) The regulations may—

(a) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or specified class of persons;

(b) confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;

(c) apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the regulations are made.

(7) Any regulations made under this section must not be inconsistent with a Determination.

(8) If a regulation made under this section is inconsistent with a Determination in effect before or after the making of the regulation, the Determination prevails to the extent of the inconsistency.

(9) Any regulations made under this section must not be inconsistent with any Tribunal Guidelines.

(10) If a regulation made under this section is inconsistent with any Tribunal Guidelines in effect before or after the making of the regulation, the Tribunal Guidelines prevail to the extent of the inconsistency.

(11) Regulations made under this section may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23(2) of the Subordinate Legislation Act 1994, which disallowance is deemed disallowance by Parliament for the purposes of that Act.

S. 9L inserted by No. 5/2019 s. 59.

9L Minister may make guidelines

(1) The Minister may, in relation to regulations made under section 9K(3), make guidelines containing policies and procedures for or with respect to the provision of motor vehicles to Members.

(2) A Member must comply with any guidelines made under this section.

Pt 2 Div. 6 (Heading and ss 9M, 9N) inserted by No. 5/2019 s. 59.

Division 6—Transitional provisions

S. 9M inserted by No. 5/2019 s. 59.

9M Purpose of this Division

The purpose of this Division is to provide transitional arrangements which are to apply until the relevant Determinations are made.

S. 9N inserted by No. 5/2019 s. 59.

9N Application of Act

(1) Despite the repeal of sections 8 and 8A by section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, any regulations made under section 8 or 8A and in force immediately before the commencement of section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 continue in force as if made under section 9K—

(a) until the regulations are repealed by regulations made in substitution for those regulations under section 9K; or

(b) except to the extent that they are inconsistent with any Determination made after that commencement.

(2) Despite the repeal of section 8B by section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, any guidelines made under section 8B and in force immediately before the commencement of section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 continue in force as if made under section 9L—

(a) until the guidelines are revoked by guidelines made in substitution for those guidelines under section 9L; or

(b) except to the extent that they are inconsistent with any Determination made after that commencement.

Pt 2 Div. 7 (Heading and s. 9O) inserted by No. 5/2019 s. 59.

Division 7—Review

S. 9O inserted by No. 5/2019 s. 59.

9O Minister to conduct review

The Minister must—

(a) cause a review to be made of the first 10 years of operation of this Part from the date on which all the amendments made to this Part by the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 have commenced; and

(b) cause a copy of a report of the review to be laid before each House of Parliament on or before the end of the period of 12 months after the day on which the review is completed.

Pt 2
(Heading) substituted as Pt 3
(Heading) by No. 78/2004 s. 6(1)(c), amended by No. 61/2013 s. 16(3).

Part 3—The Scheme

Pt 2 Div. 1 (Heading) inserted by No. 22/1996 s. 29(a).

Division 1—Preliminary

10 Definitions

(1) In this Part unless inconsistent with the context or subject-matter—

S. 10(1) def. of additional salary inserted by No. 36/2019 s. 16(a).

additional salary means the amount of additional salary calculated in accordance with the Table in subsection (6);

S. 10(1) def. of adult child inserted by No. 40/2010 s. 16(1).

adult child has the same meaning as in section 10A;

S. 10(1) def. of basic salary substituted by No. 9432 s. 2(2), amended by No. 5/2019 s. 60(a).

basic salary means in relation to any period before 30 March 1975 the annual salary payable to a member of the Parliament of Victoria under Part I or any corresponding previous enactment to a person holding the office specified as "any other member of the Council or the Assembly" and in relation to any period commencing on or after that day but before the first Determination is made under section 17 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 means basic salary as defined in section 3, and in relation to any period commencing on or after the first Determination is made, means the basic salary portion indexed annually in respect of each relevant financial year—

(a) by the annual indexation of the basic salary portion as set out under section 17(5)(c) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019; or

(b) by the annual increase in the All Groups Consumer Price Index number for Melbourne; or

(c) by the annual increase in full-time adult average weekly ordinary time earnings of employees in Victoria in original terms as published by the Australian Bureau of Statistics—

whichever results in the greater value;;

S. 10(1) def. of basic salary portion inserted by No. 5/2019 s. 60(b).

basic salary portion means the basic salary portion set under section 17(5)(b) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;

S. 10(1) def. of Board inserted by No. 61/2013 s. 16(5).

Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;

S. 10(1) def. of child inserted by No. 8663 s. 5(a), substituted by No. 58/1994 s. 3, amended by Nos 4/1996 s. 75(a), 27/2001 s. 5(Sch. 3 item 3.1(b)), 61/2013 s. 16(7).

child in relation to a former member who is deceased means a child of himself or herself or of his or her partner other than any child born more than 10 months after his or her death who is—

(a) under 18 years of age; or

(b) between the age of 18 and 25 years and in the opinion of the Board is a full-time student;

S. 10(1) def. of complying super-annuation fund
inserted by No. 4/1996 s. 65(a).

complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;

S. 10(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 3.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 43.1), amended by No. 4/2009 s. 37(Sch. 1 item 18.1).

domestic partner of a person means—

(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

election means an election for the Council or the Assembly;

S. 10(1) def. of Fund repealed by No. 61/2013 s. 16(4).

S. 10(1) def. of net earning rate
inserted by No. 4/1996 s. 65(c), amended by No. 61/2013 s. 16(6)(7).

net earning rate means in respect of any particular period, and for any particular purpose, the rate of earnings (which may be positive or negative) as determined by the Board in respect of the Scheme for that period and that purpose and having regard to—

(a) the income derived from the investment of the Scheme; and

(b) any realised or unrealised gains or losses in respect of any investments of the Scheme; and

(c) any tax; and

(d) any other relevant expenses of the Scheme; and

(e) any relevant specified standards; and

(f) any other matters the Board considers relevant;

S. 10(1) def. of occupational super-annuation standards inserted by No. 56/1992 s. 3, repealed by No. 4/1996 s. 65(b).

S. 10(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 3.1(a)), substituted by No. 40/2010 s. 17(1).

partner of a person means the person's spouse or domestic partner;

S. 10(1) def. of Scheme inserted by No. 61/2013 s. 16(5).

Scheme means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;

S. 10(1) def. of secretary substituted by Nos 110/1993 s. 101, 4/1996 s. 65(d), repealed by No. 61/2013 s. 16(4).

S. 10(1) def. of specified standards inserted by No. 4/1996 s. 65(e).

specified standards means standards specified under section 24C;

S. 10(1) def. of spouse inserted by No. 8663 s. 5(b), substituted by Nos 110/1993 s. 101, 27/2001 s. 5(Sch. 3 item 3.1(c)).

spouse of a person means a person to whom the person is, or was at the time of the person's death, married;

S. 10(1) def. of surchargeable contributions inserted by No. 29/2000 s. 10.

surchargeable contributions means the surchargeable contributions of a member for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year;

S. 10(1) def. of surcharge debt account inserted by No. 29/2000 s. 10.

surcharge debt account means, in relation to a person who is or has been a member, the surcharge debt account kept for that person (while he or she was a member) under section 24D;

S. 10(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 10, amended by No. 61/2013 s. 16(7).

surcharge deduction amount means, in relation to a person—

(a) who is or has been a member; and

(b) to or in respect of whom benefits become payable under this Act—

the surcharge deduction amount that is specified in a determination made by the Board under section 24D in relation to the person;

S. 10(1) def. of trustee repealed by No. 61/2013 s. 16(4).

S. 10(1A) inserted by No. 27/2001 s. 5(Sch. 3 item 3.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 43.2).

(1A) For the purposes of the definition of domestic partner in subsection (1)—

S. 10(1A)(a) amended by No. 4/2009 s. 37(Sch. 1 item 18.2(a)).

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

S. 10(1A)(b) amended by No. 4/2009 s. 37(Sch. 1 item 18.2(b)).

(b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 10(2) amended by Nos 8663 s. 9(a), 27/2001 s. 5(Sch. 3 item 3.3), 40/2010 s. 16(2).

(2) This Part shall apply to and in relation to any person who becomes a member on or after the commencement of this Part and to and in relation to the partner and children and adult children of any such person.

(3) For the purposes of this Part a member shall be deemed not to have ceased to be a member by reason only of retirement by effluxion of time or the dissolution of the Council or (as the case may be) retirement by effluxion of time or the dissolution of the Assembly.

S. 10(4) inserted by No. 9753 s. 4(1).

(4) For the purposes of this Part, the basic salary shall be deemed not to have been altered by a determination of the Remuneration Tribunal established under the Remuneration and Allowances Tribunals Act 1973 of the Commonwealth as amended from time to time until the period specified in that Act for either House of the Parliament of the Commonwealth to disapprove of the determination has elapsed, but where that period has elapsed and the determination has not been disapproved of by either House of the Parliament the basic salary shall for the purposes of this Part be calculated from the date on which the determination of the Remuneration Tribunal takes effect.

S. 10(5) inserted by No. 40/2010 s. 17(2), amended by No. 61/2013 s. 16(7).

(5) The definition of partner as substituted by section 17(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this Act on or after the commencement of the substituting section.

S. 10(6) inserted by No. 36/2019 s. 16(b).

(6) For the purposes of the definition of additional salary, additional salary means the highest additional salary amount specified in the Table in respect of the offices held by the Member.

Table

| Office | Additional Salary | | | % per annum of basic salary | | Premier | 100 | | Deputy Premier | 85 | | Any other responsible Minister of the Crown | 75 | | Leader of the Opposition | 75 | | President | 65 | | Speaker | 65 | | Deputy President | 20 | | Deputy Speaker | 20 | | Deputy Leader of the Opposition in the Assembly | 32 | | Leader of the Opposition in the Council | 32 | | Leader of the Third Party (unless the Leader of the Third Party is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) | 32 | | Cabinet Secretary | 32 | | Parliamentary Secretary to the Premier | 20 | | Chairperson of the Public Accounts and Estimates Committee | 20 | | Government Whip in the Assembly | 18 | | Deputy Leader of the Opposition in the Council | 18 | | Deputy Leader of the Third Party (unless the Deputy Leader of the Third Party is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) | 18 | | Parliamentary Secretaries | 15 | | Chairperson of the Scrutiny of Acts and Regulations Committee | 15 | | Chairperson of the Integrity and Oversight Committee | 15 | | Government Whip in the Council | 11 | | Opposition Whip in the Assembly | 11 | | Opposition Whip in the Council | 11 | | Whip of the Third Party in the Assembly | 11 | | Whip of the Third Party in the Council | 11 | | Deputy Government Whip in the Assembly | 10 | | Chairperson of a standing committee appointed under standing orders of the Assembly or the Council | 10 | | Chairperson of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 which is not otherwise provided for in this Table | 10 | | Chairperson of joint select committee where resolution establishing committee so provides that chairperson is entitled | 5 | | Deputy chairperson of the Public Accounts and Estimates Committee | 4 | | Deputy chairperson of the Scrutiny of Acts and Regulations Committee | 4 | | Deputy chairperson of the Integrity and Oversight Committee | 4 | | Secretary of the Party forming the Government | 4 | | Secretary of the Opposition Party | 4 | | Secretary of the Third Party | 4 |

S. 10A inserted by No. 40/2010 s. 18.

10A Registration of names of adult children

S. 10A(1) amended by No. 61/2013 s. 16(7).

(1) For the purposes of this Part, a member or former member may register with the Board the name of a child (an adult child) of himself or herself or of his or her partner who—

(a) has attained the age of 18 years; and

(b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and

(c) wholly or partially relies on the member or former member for financial support.

S. 10A(2) amended by No. 61/2013 s. 16(7).

(2) A person who is not registered under this section may lodge a claim in a form approved by the Board to be considered an adult child—

(a) on the death of the member or former member; or

(b) if the person is a child of the member or former member, on the expiration of his or her child pension.

S. 10A(3) amended by No. 61/2013 s. 16(7).

(3) In determining whether a registered person or claimant is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act.

S. 10A(4) amended by No. 61/2013 s. 16(7).

(4) A determination under this section may be subject to regular reviews by the Board.

S. 10B inserted by No. 40/2010 s. 18.

10B Payment of children's and adult children's allowances

(1) An allowance under Division 2 or benefit under Division 3 in respect of a child is payable until—

(a) he or she attains the age of 18 years; or

S. 10B(1)(b) amended by No. 61/2013 s. 16(7).

(b) in the case of a student, he or she attains the age of 25 years or the Board ceases to be satisfied that he or she is a full-time student; or

(c) he or she dies—

whichever is the earlier.

(2) An allowance under Division 2 or benefit under Division 3 in respect of an adult child is payable until—

S. 10B(2)(a) amended by No. 61/2013 s. 16(7).

(a) the Board ceases to be satisfied that he or she is an adult child; or

(b) he or she dies—

whichever is the earlier.

S. 11 amended by Nos 7800 s. 2(1)(a), 13/1987 s. 24, 110/1993 s. 102(1)–(3), 100/1995 s. 10(Sch. 1 item 4.1), substituted by No. 4/1996 s. 66, repealed by No. 61/2013 s. 16(8).

S. 11A inserted by No. 4/1996 s. 66, repealed by No. 61/2013 s. 16(8).

S. 11B inserted by No. 4/1996 s. 66, amended by Nos 84/1998 s. 32, 94/2005 s. 25, repealed by No. 61/2013 s. 16(8).

S. 11C inserted by No. 4/1996 s. 66, amended by Nos 74/2000 s. 3(Sch. 1 items 96.1, 96.2), 94/2005 s. 26, repealed by No. 61/2013 s. 16(8).

S. 12 amended by Nos 7800 s. 2(1)(b), 56/1992 s. 4, 110/1993 s. 102(4), 100/1995 s. 10(Sch. 1 item 4.2), 4/1996 s. 67, 82/1996 s. 42(1), repealed by No. 61/2013 s. 16(8).

S. 13 amended by 7800 s. 3, 120/1994 s. 36, 4/1996 ss 68, 75(a), 82/1996 s. 42(2)–(7), 27/2001 s. 5(Sch. 3 item 3.4), repealed by No. 61/2013 s. 16(8).

S. 14 substituted by No. 8663 s. 9(b), amended by No. 4/1996 s. 69(a)(b).

14 Deduction from salaries of members

S. 14(1) amended by No. 36/2019 s. 16(c).

(1) From each instalment of salary paid to a person pursuant to Part I during the first 20⋅5 years of service as a member there shall be deducted from the amount of that instalment the amount equal to 11½ per cent of an instalment of the aggregate of basic salary and additional salary before any deductions.

S. 14(2) inserted by No. 4/1996 s. 69(c), amended by No. 36/2019 s. 16(d)(e).

(2) After the first 20⋅5 years of service as a member, from each instalment of salary paid to a person pursuant to Part I who is an office holder specified in the Table in section 10(6) there is to be deducted from the amount of that instalment the amount equal to 11⋅5 per cent of that part of the instalment that is additional salary.

Pt 2 Div. 2 (Heading and s. 14A) inserted by No. 22/1996 s. 29(b).

Division 2—Existing benefits scheme

S. 14A inserted by No. 22/1996 s. 29(b), substituted by 78/2004 s. 3.

14A Application of Division

(1) This Division does not apply to, or in respect of, a member to whom Division 3 of this Part or Part 4 applies.

(2) If this Division applies to, or in respect of, a member immediately before the commencement of section 3 of the Parliamentary Superannuation Legislation (Reform) Act 2004, the entitlements of that member are to be determined in accordance with this Division if—

(a) subject to paragraph (b), the person continues to be a member and after ceasing to be member does not subsequently become a member to whom Part 4 applies; or

(b) the person ceases to be a member as a result of resigning as a member of a House of the Parliament and is elected as a member of the other House of the Parliament within 3 months after the resignation.

15 Members' superannuation benefit

S. 15(1) amended by Nos 8663 s. 6, 9117 s. 2(a), substituted by No. 110/1993 s. 103(1).

(1) In this section—

"FS", in relation to a person, means TS less PS;

"PS", in relation to a person, means the aggregate period, calculated in years and completed months as at 1 December 1993 or the date of ceasing to be a member, whichever is the earlier, of service as a member, or 20⋅5 years, whichever is the lesser;

"TS", in relation to a person, means the aggregate period, calculated in years and completed months as at the date of ceasing to be a member, of service as a member, or 20⋅5 years, whichever is the lesser.

S. 15(1A) inserted by No. 110/1993 s. 103(1), amended by Nos 120/1994 s. 32, 61/2013 s. 16(9).

(1A) If, when a person ceases to be a member—

(a) TS, in relation to that person is 15 years or more; or

S. 15(1A)(aa) inserted by No. 4/1996 s. 70.

(aa) TS, in relation to the person is 12 years or more and the person ceases to be a member as the result of a resignation or retirement which does not require or cause the holding of a by-election otherwise than on the day of a general election; or

(b) TS, in relation to the person is 8 years or more and the person ceases to be a member as a result of defeat at an election or as the result of resignation for, or of not seeking re‑election owing to, good and sufficient reasons which satisfy the trustees; or

(c) TS, in relation to the person is 6 years or more and the member has served in not less than 3 Parliaments, is of or over the age of 60 and ceases to be a member as a result of not seeking re-election at a general election—

the person is entitled to be paid out of the Scheme an annual pension at the rate ascertained in accordance with the formula A View image in the official source R View image in the official source basic salary from time to time.

S. 15(1B) inserted by No. 110/1993 s. 103(1).

(1B) For the purposes of subsection (1A)—

"R" is—

(a) in the case of a person who became a member on or after 1 December 1993, B1/C1; and

(b) in the case of a person who became a member before that date, B1/C1 as at the date of ceasing to be a member or the value of B/C as at 1 December 1993, whichever is the greater provided that in no case shall the value of R be greater than the value of B/C at the date of the person's retirement—

and—

"B" is the total salary received by the person pursuant to Part I or any corresponding previous enactment;

"C" is the total basic salary in respect of the period of service of the person in the Parliament;

"B1" is the total salary the person would have received pursuant to Part I or any corresponding previous enactment if the person had received the salary at current rates;

"C1" is the total salary the person would have received pursuant to Part I or any corresponding previous enactment if the person had always been paid the basic salary current as at the date of ceasing to be a member.

S. 15(1C) inserted by No. 110/1993 s. 103(1).

(1C) For the purposes of subsection (1A), if TS is 8 or more years—

(a) if PS in relation to the person is 20⋅5 years, A is 0⋅75;

(b) if PS in relation to the person is 8 or more but less than 20⋅5 years, A is 0⋅5 + (0⋅02 View image in the official source (PS-8)) + 0⋅017 View image in the official source FS;

(c) if PS in relation to the person is less than 8 years, A is 0⋅0625 View image in the official source PS + (0⋅045 View image in the official source (8‑PS)) + 0⋅017 View image in the official source (TS-8).

S. 15(1D) inserted by No. 110/1993 s. 103(1).

(1D) For the purposes of subsection (1A), if TS is less than 8 years, A is 0⋅5 View image in the official source PS/TS + 0⋅36 View image in the official source FS/TS.

S. 15(2) amended by No. 8047 s. 18(2).

(2) Subject to this Part a person who ceases to be a member as the result of defeat at an election or as the result of resignation or of not seeking re‑election and who is not entitled to a pension under this Part shall be entitled to have refunded to him—

(a) the amounts deducted under this Act or any corresponding previous enactment from salary paid to him; and

S. 15(2)(b) amended by No. 120/1994 s. 33(1).

(b) any amount actually paid by him to the Fund under section 19 as in force before the commencement of section 105 of the Public Sector Superannuation (Administration) Act 1993—

less any amount previously refunded to him under this subsection or under any corresponding previous enactment.

S. 15(3) amended by Nos 8663 s. 9(c), 27/2001 s. 5(Sch. 3 item 3.5), 40/2010 s. 19.

(3) Subject to this Part where a member dies while serving as a member and that member is not survived by a partner or children or adult children the personal representative of that member shall be entitled to have refunded to him—

(a) the amounts deducted under this Act or any corresponding previous enactment from the salary paid to the member; and

S. 15(3)(b) amended by No. 120/1994 s. 33(1).

(b) any amount actually paid by the member to the Fund under section 19 as in force before the commencement of section 105 of the Public Sector Superannuation (Administration) Act 1993—

less any amount previously refunded to the member under subsection (2) or under any corresponding previous enactment.

S. 15(3A) inserted by No. 9117 s. 2(b), amended by No. 110/1993 s. 103(2).

(3A) Where a person or a personal representative is entitled to a payment under subsection (2) or subsection (3) that person or personal representative shall be entitled in addition to the refund under the applicable subsection, to an amount equal to two and one-third times the amount that the person contributed before 1 December 1993 and is entitled to have refunded under subsection (2) or (3), together with an amount equal to one and two-thirds times the amount that the person contributed on or after that date and is so entitled to have refunded but if the person was entitled to a refund under subsection (2) by reason of ceasing to be a member otherwise than as the result of defeat at an election or as the result of resignation for or of not seeking re-election owing to good and sufficient reasons which satisfied the trustees, his additional entitlement under this subsection shall be one-half of the amount that he would have otherwise been entitled to.

S. 15(4) amended by Nos 8663 s. 9(d), 120/1994 s. 33(2), 27/2001 s. 5(Sch. 3 item 3.5).

(4) Where any refund of contributions or retiring allowance is or was made before 1 December 1993 under subsection (2) or any corresponding previous enactment to a member, and where that member or his partner becomes entitled to a pension under subsection (1) or under section 17 the payment of the pension or other benefit under this Act shall, unless the amount of that refund of contributions or retiring allowance is or has been paid into the Fund or into the Fund constituted under a corresponding previous enactment, be suspended until such time as the aggregate of the pension which would have been payable apart from this subsection would, if so paid, equal the amount of the refund of contributions or retiring allowance received by that member.

16 Right to convert part of entitlement to lump sum entitlement

S. 16(1) amended by No. 8663 s. 7(a).

(1) Notwithstanding anything in this Part a former member who is entitled to a pension under section 15 or subsection (4) of section 21 may within the period of three months after ceasing to be a member, elect by notice in writing served on the secretary to convert all or part of his pension entitlement to a lump sum payment determined in accordance with subsection (2).

S. 16(2) substituted by No. 8663 s. 7(b).

(2) A lump sum payment under subsection (1) shall be—

(a) if the former member was under the age of 66 years at the time that he ceased to be a member, an amount equal to the annual pension entitlement in respect of which the election was made multiplied by ten; or

S. 16(2)(b) amended by No. 9117 s. 2(c).

(b) if the former member was of or over the age of 66 at the time that he ceased to be a member, an amount equal to the annual pension entitlement in respect of which the election was made multiplied by the number derived from deducting from ten the number of whole months by which the age of the member exceeded 65 years at the time he ceased to be a member multiplied by one-twenty-fourth.

S. 16(2A) inserted by No. 9117 s. 2(d).

(2A) Notwithstanding subsection (2)(b), subsection (2)(a) shall apply—

(a) to a former member of the Assembly who ceased to be a member of the Assembly at or prior to the next general election of the Assembly held after he attained the age of 66 years and whose resignation or retirement does not require or cause the holding of a by‑election otherwise than on the day of such general election; and

(b) to a former member of the Council who ceases to be a member at or prior to the next election for half the Council held after he attained the age of 66 years whose resignation or retirement does not require or cause the holding of a by-election otherwise than on the day for such election of half the Council.

S. 16(3) amended by No. 8530 s. 3(1)(e).

(3) A former member who makes an election under subsection (1) shall be entitled to receive a lump sum payment calculated under subsection (2) and from the date of payment of that lump sum the annual pension payable to that former member shall be such proportion of the annual pension for the time being payable to that former member under section 15 as the amount of the annual pension that was payable to the former member immediately before the election was made less the amount of the annual pension in respect of which the election was made bears to the amount of the annual pension that was payable to the former member immediately before the election was made.

(4) The provisions of this section do not apply to a person who is entitled to a pension under section 17.

S. 16(5) amended by No. 7800 s. 4, repealed by No. 8663 s. 7(c).

S. 16(6) repealed by No. 8663 s. 7(c).

17 Pension on retirement on grounds of ill health

S. 17(1) amended by Nos 23/1994 s. 118(Sch. 1 item 40.1), 4/1996 s. 75(a), 97/2005 s. 182(Sch. 4 item 39), 13/2010 s. 51(Sch. item 40), 61/2013 s. 16(7).

(1) A person who becomes a member after the commencement of this Act may furnish to the Board a certificate of a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) who has been approved by the Board certifying that the member is not likely by reason of ill health to be rendered incapable, before the expiration of a period of fifteen years from the date of the certificate, of performing the duties of a member.

S. 17(2) amended by Nos 4/1996 s. 75(a), 61/2013 s. 16(7).

(2) Where a member who has furnished a certificate pursuant to subsection (1) or where a person who was a member at the commencement of this Act satisfies the Board that he has ceased to be a member because he has been rendered incapable of being a member by reason of ill health he shall, subject to subsection (3), be entitled to a pension calculated under section 15 if he ceases to be a member before the expiration of a period of fifteen years and if he ceases to be a member before the expiration of a period of eight years he shall for the purpose of that calculation be deemed to have served for eight years.

S. 17(3) amended by Nos 4/1996 s. 75(a)(b), 61/2013 s. 16(7).

(3) A person who applies to the Board under this section shall provide the Board with such medical reports and other evidence as the Board may require.

(4) Subsection (1) shall apply in relation to a person who has served as a member in a previous Parliament or Parliaments as if the reference to the period of fifteen years in that subsection was a reference to a period equal to the difference between fifteen years and the aggregate period served as a member of previous Parliaments by the person furnishing the certificate.

S. 18 substituted by No. 8663 s. 9(e).

18 Entitlements on death of member

S. 18(1A) inserted by No. 110/1993 s. 104(1).

(1A) In this section—

S. 18(1A) def. of minimum spouse pension amended as minimum partner pension by No. 27/2001 s. 5(Sch. 3 item 3.6).

minimum partner pension means whichever is the greater of—

(a) 0⋅4 View image in the official source the basic salary as at 1 December 1993; and

(b) (0⋅4 View image in the official source PS/TS + 0⋅3 View image in the official source FS/TS) View image in the official sourcethe basic salary from time to time—

where TS, PS and FS have the same meanings as in section 15 and are calculated at the date of the death of the person or of the person's ceasing to be a member, whichever first occurs.

S. 18(1) amended by Nos 110/1993 s. 104(2)(a), 27/2001 s. 5(Sch. 3 item 3.6).

(1) On the death of a former member who was receiving a pension under this Part the partner of that former member shall until his death be entitled to an annual pension at the rate of—

S. 18(1)(a) amended by No. 8687 s. 3(a).

(a) two-thirds of the pension that would be payable from time to time to the former member but for his death or if the former member had pursuant to section 16 converted the whole or a part of his pension entitlement to a lump sum payment, two-thirds of the pension that would be payable to the former member but for his death if he had not so converted the whole or a part of his pension; or

S. 18(1)(b) substituted by No. 110/1993 s. 104(2)(b), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).

(b) the minimum partner pension—

whichever is the greater at the date of the death of that first-mentioned person.

S. 18(2) amended by Nos 110/1993 s. 104(2)(a), 27/2001 s. 5(Sch. 3 item 3.6).

(2) On the death of a member who has served for an aggregate period of eight years, the partner of that member shall until his death be entitled to an annual pension at the rate of—

S. 18(2)(a) amended by No. 8687 s. 3(b).

(a) two-thirds of the pension that would be payable from time to time to the former member but for his death if he had ceased to be a member on the date of his death and were entitled to a pension under section 15; or

S. 18(2)(b) substituted by No. 110/1993 s. 104(2)(c), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).

(b) the minimum partner pension—

whichever is the greater at the date of death of that former member.

S. 18(3) amended by Nos 110/1993 s. 104(2)(a)(d), 27/2001 s. 5(Sch. 3 item 3.6).

(3) On the death of a member before he has served for an aggregate period of eight years a pension shall be paid to his partner until the death of the partner at the rate of the minimum partner pension.

S. 18(4) amended by No. 27/2001 s. 5(Sch. 3 item 3.6).

(4) Where payment of a pension or other benefit to a person—

(a) is suspended pursuant to subsection (4) of section 15; or

(b) in the case of a member, would be so suspended on his ceasing to be a member—

and his partner becomes entitled to a pension under this Act the payment of the pension to the partner shall likewise be suspended for the period or the balance of the period (as the case requires) for which the pension or other benefit would have been suspended under subsection (4) of section 15 if the pension had been payable to the former member.

S. 18(5) repealed by No. 110/1993 s. 104(2)(e).

S. 18(6) inserted by No. 8687 s. 3(c), amended by Nos 4/1996 s. 75(a)(c), 27/2001 s. 5(Sch. 3 item 3.6), 40/2010 s. 20, 61/2013 s. 16(7).

(6) Where a member dies leaving a child or adult child but no partner or where a pensioner dies leaving a child or adult child but no partner or where the partner of a deceased pensioner dies leaving a child or adult child there shall be payable to such person or persons as the Board considers fit an allowance at such rate as the Board considers fit in respect of each such child or adult child but so that the total amount paid to the child or adult child or children or adult children shall not exceed the amount that would have been payable as a pension to the partner of the deceased.

S. 18(7) inserted by No. 110/1993 s. 104(3), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).

(7) No benefit shall be payable under this Part to a partner who became the partner of a former member only after he or she had finally ceased to be a member and within two years of the death of the former member.

S. 18(8) inserted by No. 110/1993 s. 104(3), amended by Nos 4/1996 s. 75(a), 27/2001 s. 5(Sch. 3 item 3.6), repealed by No. 40/2010 s. 21.

S. 18(9) inserted by No. 110/1993 s. 104(3).

(9) No person is entitled to receive under this Part at the same time more than one pension but is entitled to whichever of those pensions is the greater.

S. 18(10) inserted by No. 110/1993 s. 104(3), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).

(10) Despite anything in this Part, only one partner pension shall be payable in the case of the death of any one member or former member, and if more than one person should appear to qualify for a partner pension then—

S. 18(10)(a) amended by Nos 4/1996 s. 75(a), 27/2001 s. 5(Sch. 3 item 3.6), 61/2013 s. 16(7).

(a) if the member or former member has by request in writing to the Board directed that the partner pension shall be paid wholly to one of the persons qualified to receive it or that each shall be paid part, the Board shall give effect to the member or former member's expressed intentions;

S. 18(10)(b) amended by Nos 4/1996 s. 75(a)(d)(i)(ii), 40/2010 s. 22, 61/2013 s. 16(7).

(b) if paragraph (a) does not apply, the Board shall determine in accordance with section 18AA which of the persons who qualifies shall receive the pension or shall apportion it between them as the Board considers fit.

S. 18AA (Heading) amended by No. 61/2013 s. 16(10).

S. 18AA inserted by No. 40/2010 s. 23.

18AA Board's discretion to determine qualifying partners

S. 18AA(1) amended by No. 61/2013 s. 16(7).

(1) In making a determination under section 18(10)(b), the Board must consider all of the circumstances of the relationship between the deceased member or former member and each person who may qualify for a pension as a partner or former partner of the deceased member or former member, including, if applicable—

(a) the period of time for which that person was in a relationship with the member or former member;

(b) the period of time since the relationship between that person and the member or former member ended;

(c) the financial dependency of that person on the member or former member at the date of death of the member or former member;

(d) whether that person has any dependent children from his or her relationship with the member or former member;

S. 18AA(1)(e) amended by No. 61/2013 s. 16(7).

(e) any submissions made by that person to the Board under subsection (2);

S. 18AA(1)(f) amended by No. 61/2013 s. 16(7).

(f) any other factor that the Board considers relevant.

S. 18AA(2) amended by No. 61/2013 s. 16(7).

(2) A person who was the partner of the deceased member or former member may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or former member.

S. 18A inserted by No. 8047 s. 18(1), repealed by No. 56/1992 s. 5, new s. 18A inserted by No. 38/2009 s. 22.

18A Re-instatement of pension cancelled on the ground of re‑marriage

(1) This section applies to a person who—

(a) received a pension under section 18 as the partner of a deceased member; and

(b) as a result of re-marriage, had their entitlement to that pension cancelled.

S. 18A(2) amended by No. 61/2013 s. 16(7).

(2) A person to whom this section applies may apply in writing to the Board to receive a pension under section 18.

S. 18A(3) amended by No. 61/2013 s. 16(7).

(3) The Board must grant an application made under subsection (2) if the Board is satisfied that—

(a) the applicant is a person to whom this section applies; and

(b) the applicant would be entitled to a pension under section 18 as the partner of a deceased member but for the re-marriage.

S. 18A(4) amended by No. 61/2013 s. 16(7).

(4) The Board may require a person who has made an application under subsection (2) to provide any information that the Board considers is necessary to enable the Board to determine the matters specified in subsection (3).

S. 18A(5) amended by No. 61/2013 s. 16(7).

(5) If the Board grants an application made under subsection (2), the person is entitled to be paid a pension in accordance with section 18 as from the date on which the application was made.

S. 18B inserted by No. 8047 s. 18(1), substituted by No. 54/1993 s. 7.

18B Superannuation guarantee

(1) In this section—

superannuation guarantee amount, in relation to a member or former member, means the amount determined in accordance with the formula A View image in the official source S where—

(a) A is the sum of the percentages calculated in accordance with the formula View image in the official source and, so far as applicable, the Commonwealth Act and regulations under that Act in respect of the year commencing on 1 July 1992 and each subsequent 1 July, being a year during the whole or part of which the member or former member was a member, where—

(i) P is the percentage determined by the trustees on the advice of an actuary as the minimum percentage to be applied to avoid a superannuation guarantee shortfall within the meaning of the Commonwealth Act in respect of that year or part; and

(ii) B is the number of days during that year less the number of days on which the member or former member was not a member or was on leave of absence without pay and less the number of any other days that, under the Commonwealth Act, are to be disregarded; and

(b) S is—

(i) the member or former member's final basic salary; or

(ii) the maximum contribution base (expressed as an annual amount) within the meaning of the Commonwealth Act, at the time when the final basic salary is determined—

whichever is the lesser;

the Commonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth as amended and in force for the time being.

S. 18B(2) amended by Nos 4/1996 s. 71(1), 61/2013 s. 16(7)(9).

(2) Notwithstanding anything to the contrary in this Act or the regulations, the amount of the benefit paid or payable under this Act in respect of any member or former member must not, in respect of the period during which the Commonwealth Act applies, be less than the sum of the amount contributed by him or her to the Scheme and the net earning rate as determined by the Board on that amount and the superannuation guarantee amount.

S. 18B(3) substituted by No. 4/1996 s. 71(2).

(3) Any part of the superannuation guarantee amount which is required to be preserved in accordance with the specified standards must be so preserved.

S. 19 amended by No. 50/1988 s. 93(2)
(Sch. 2 Pt 2 item 43) (as amended by No. 81/1988 s. 34(e)), substituted by No. 110/1993 s. 105, amended by No. 58/1994 s. 4, repealed by No. 120/1994 s. 34.

20 Entitlements on resuming membership

S. 20(1) amended by No. 110/1993 s. 106(1).

(1) Where a person who had ceased to be a member prior to 1 December 1993 and who on ceasing to be a member converted part of his pension entitlement to a lump sum payment under section 16 becomes a member on a subsequent date the amount, if any, by which the benefits received by that person under this Part before that date exceed the amount of the benefits he would have received under this Part if he had not so converted part of his pension entitlement shall be calculated.

(2) Notwithstanding anything in this Part, where a person to whom subsection (1) applies becomes entitled to a pension under section 15 the amount of the annual pension payable to him shall be reduced by ten per cent of the amount calculated under subsection (1).

S. 20(3) inserted by No. 110/1993 s. 106(2), amended by No. 120/1994 s. 35(a)(b).

(3) Where a person to whom subsection (1) does not apply—

(a) had previously ceased to be a member; and

(b) had previously converted all or part of his or her pension entitlement to a lump sum payment under section 16 or received a benefit under section 15(3A)—

becomes entitled to a pension under section 15, the amount of the annual pension payable to him or her shall be reduced by 10 percent of Z where—

**"Z"** is the sum of ZP calculated for each period of service as a member which ends after 1 December 1993;

ZP is (LS + TAP – TPP) View image in the official source S2, or 0, whichever is the greater;

LS is the lump sum payment or the benefit under sections 15(2) and 15(3A) the person received in respect of the period divided by S0;

S0 is the basic salary at the end of the period;

S1 is the basic salary at the date the person next became a member after the end of the period;

S2 is the basic salary at the date the person became so entitled to a pension;

TPP is the total pension the person would have received from the end of the period until the date of next becoming a member if he or she had not so converted part of his or her pension divided by (S0 + S1)/2;

TAP is the total pension the person actually received from the end of the period until the date of next becoming a member divided by (S0 + S1)/2.

21 Certain persons may elect to be subject to this Part

(1) A person who is a member at the date of commencement of this Part and is a person to whom and in relation to whom the Parliamentary Contributory Superannuation Act 1962 applies may within three months after that date elect by notice in writing served on the secretary to be subject to the provisions of this Part.

(2) Subject to this section where a person makes an election under subsection (1) the provisions of the Parliamentary Contributory Superannuation Act 1962 shall cease to apply to and in relation to him and he shall from the date of the service of the notice under subsection (1) on the secretary be a person to whom this Part applies.

S. 21(3) amended by No. 27/2001 s. 5(Sch. 3 item 3.7).

(3) Where a person who had made an election under subsection (1) or the surviving partner of such person, becomes entitled to a pension or other benefit under this Part that person or surviving partner, as the case requires, may within one month of becoming so entitled elect by notice in writing served on the secretary to receive the pension or other benefit to which that person or surviving partner, as the case requires, would if an election under subsection (1) had not been made, have been entitled under the Parliamentary Contributory Superannuation Act 1962.

S. 21(4) amended by No. 27/2001 s. 5(Sch. 3 item 3.7).

(4) Where a person or surviving partner makes an election under subsection (3) that person or surviving partner, as the case requires, shall from the date of becoming entitled to a pension or benefit under this Part, be entitled to the pension or benefit to which that person or surviving partner, as the case requires, would if an election under subsection (1) had not been made have been entitled under the Parliamentary Contributory Superannuation Act 1962 and shall not be entitled to a pension or benefit under this Part.

Pt 2 Div. 3 (Heading and ss 21A–21C) inserted by No. 22/1996 s. 28.

Division 3—New benefits scheme

S. 21A inserted by No. 22/1996 s. 28.

21A Application of this Division

S. 21A(1) amended by No. 78/2004 s. 4(1).

(1) Subject to subsections (1A) and (1B), this Division applies to—

(a) a person who becomes a member of the Parliament after the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996; and

S. 21A(1)(b) amended by No. 61/2013 s. 16(7).

(b) a person who is a member of the Parliament as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 and who at any time elects by notice in writing served on the Board to be subject to the provisions of this Division.

S. 21A(1A) inserted by No. 78/2004 s. 4(2).

(1A) This Division does not apply to, or in respect of, a member to whom Part 4 applies.

S. 21A(1B) inserted by No. 78/2004 s. 4(2).

(1B) If this Division applies to, or in respect of, a member immediately before the commencement of section 4 of the Parliamentary Superannuation Legislation (Reform) Act 2004, the entitlements of that member are to be determined in accordance with this Division if—

(a) subject to paragraph (b), the person continues to be a member and after ceasing to be member does not subsequently become a member to whom Part 4 applies; or

(b) the person ceases to be a member as a result of resigning as a member of a House of the Parliament and is elected as a member of the other House of the Parliament within 3 months after the resignation.

(2) For the purposes of this Division, the Division must be read as one with Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 as in force as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 but the provisions of this Act prevail over the provisions of that Part to the extent of any inconsistency.

S. 21A(3) amended by No. 72/2001 s. 5(1).

(3) Subject to this section, unless inconsistent with the context or subject-matter, words and expressions defined in the Commonwealth Parliamentary Contributory Superannuation Act 1948 have the same meaning for the purposes of this Division.

(4) For the purposes of this Division—

S. 21A(4)(a) amended by No. 61/2013 s. 16(7), substituted by No. 36/2019 s. 16(f).

(a) the following definitions apply—

office means an office specified in the Table in section 10(6);

office holder means the holder of an office specified in the Table in section 10(6);

parliamentary allowance, in relation to a Member, means basic salary;

salary, in relation to a Member who is an office holder, means additional salary;

(b) a reference in Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948—

S. 21A(4)(b)(i) amended by No. 61/2013 s. 16(7).

(i) to the "Trust" is to be construed as a reference to the "Board";

(ii) to the "House" or the "House of Representatives" is to be construed as a reference to the "Assembly".

S. 21A(5) inserted by No. 72/2001 s. 5(2).

(5) For the purposes of determining the entitlement to benefits in respect of a person to whom this Division applies, other than a person who became entitled to benefits under this Act before 23 August 2001, the following modifications to the Commonwealth Parliamentary Contributory Superannuation Act 1948 apply in addition to the modifications in section 21C—

(a) subject to paragraph (d), a person is not to be taken to have had a marital relationship with another person unless the person was legally married to that other person;

Section 4B of the Commonwealth Act sets out the criteria for determining whether a person had a marital relationship with another person.

(b) a reference to a spouse who survives a deceased person is to be construed as including a reference to a domestic partner who survives a deceased person;

(c) a reference to a former spouse is to be construed as including a reference to a former domestic partner;

S. 21A(5)(d) amended by Nos 12/2008 s. 73(1)(Sch. 1 item 43.3), 4/2009 s. 37(Sch. 1 item 18.3).

(d) a reference in section 19AA to a marital relationship is to be construed as including a reference to a domestic relationship or registered domestic relationship.

S. 21A(6) inserted by No. 72/2001 s. 5(2).

(6) For the purposes of subsection (5)(b), a person is a domestic partner who survives a deceased person if—

(a) the person had a domestic relationship with the deceased person at the time of death of the deceased person ("the death"); and

(b) in the case of a deceased person who was a retired member at the time of the death—

(i) the domestic relationship began before the retired member became a retired member; or

(ii) the domestic relationship began after the retired member became a retired member but before the retired member reached 60; or

(iii) in the case of neither subparagraph (i) nor (ii) applying—the domestic relationship had continued for a period of at least 5 years up to the time of the death.

S. 21A(7) inserted by No. 72/2001 s. 5(2).

(7) For the purposes of subsections (5)(d) and (6), a person had a domestic relationship with another person at a particular time if the persons, although not married to each other, were living together as a couple on a genuine domestic basis (irrespective of gender) at that time and—

(a) the persons had been so living together for a continuous period of at least 3 years up to that time; or

S. 21A(7)(b) amended by No. 61/2013 s. 16(7).

(b) the persons had been so living together for a continuous period of less than 3 years up to that time and the Board, having regard to any relevant evidence, is of the opinion that the persons so lived together at that time.

S. 21A(8) inserted by No. 72/2001 s. 5(2).

(8) A domestic relationship is taken to have begun at the beginning of the continuous period mentioned in subsection (7)(a) and (b).

S. 21A(9) inserted by No. 72/2001 s. 5(2), amended by No. 12/2008 s. 73(1)(Sch. 1 item 43.4).

(9) In determining whether a person had a domestic relationship with another person, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 21A(9A) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 43.5), amended by No. 4/2009 s. 37(Sch. 1 item 18.4).

(9A) Subsections (6), (7), (8) and (9) do not apply to a person who had a registered domestic relationship with a deceased person at the time of the death.

S. 21A(10) inserted by No. 72/2001 s. 5(2).

(10) In this section—

S. 21A(10)
def. of
former domestic partner amended by Nos 12/2008 s. 73(1)(Sch. 1 item 43.6), 4/2009 s. 37(Sch. 1 item 18.5).

former domestic partner, in relation to another person, means a person who previously had had a domestic relationship or registered domestic relationship with that other person.

S. 21B inserted by No. 22/1996 s. 28, amended by No. 61/2013 s. 16(7)(9).

21B Transfer entitlement

The Board must in respect of each member who has made an election under section 21A(1)(b) recognise the total period of service (calculated in years, months and days) during which the member contributed to the Scheme until the date of the election.

S. 21C inserted by No. 22/1996 s. 28.

21C Benefits

S. 21C(1) amended by Nos 78/2004 s. 5, 61/2013 s. 16(7).

(1) Subject to this section, the entitlement to benefits of, or in respect of, a person to whom this Division applies, is to be determined in accordance with Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 as in force as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 and in accordance with Schedule 1 to the Commonwealth Parliamentary Contributory Superannuation Act 1948 as inserted by the Commonwealth Parliamentary Superannuation and Other Entitlements Legislation Amendment Act 2004, subject to any modifications to that Schedule which the Board considers are necessary to give effect to the modifications to Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 specified in subsection (2).

(2) For the purposes of this Division, Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 applies with the following modifications—

S. 21C(2)(a) amended by No. 82/1996 s. 43(1)(a).

(a) as if sections 14A, 15, 15A(5), 15B(9), 16(1A), 16(2), 16(3), 16(4), 17(3), 17(4), 17(5), 18(3), 19A, 20A, 21, 21AA(5)(a), 21B and 22 were repealed;

(b) as if in section 15A(1) for paragraphs (b), (c) and (d) there were substituted—

"(b) immediately before retirement from the Council or the Assembly by effluxion of time or the dissolution of the Council or the Assembly, was a member of the Council or the Assembly and is not a candidate for election to the Council or the Assembly at the next ensuing election;";

(c) as if in section 15C(11)—

(i) for "by the Commonwealth" there were substituted "from the Consolidated Fund";

(ii) for "Consolidated Revenue Fund" there were substituted "Consolidated Fund";

(d) as if for section 18(2A) there were substituted—

"(2A) For the purposes of subsection (1B) and paragraphs (2)(aa) and (2AA)(b), the term of office of a member of the Council is deemed to have expired on the day on which the term of office of a member of the Assembly expires.";

(e) as if in section 18(9) "of a person who became entitled to a retiring allowance after 30 June 1980" were omitted;

(f) as if in section 18B(1) "on or after 12 June 1978" were omitted;

S. 21C(2)(g) amended by No. 61/2013 s. 16(7).

(g) as if in section 18B(3) for "Secretary to the Department of Finance" there were substituted "Board";

(h) as if in section 18B(3) "(not exceeding 50%)" were omitted;

S. 21C(2)(ha) inserted by No. 40/2010 s. 24.

(ha) as if in section 19AA(2A) "and after the date on which the deceased person attained the age of 60 years" were omitted;

S. 21C(2)(hb) inserted by No. 40/2010 s. 24.

(hb) as if in section 19AA(5) in the definition of eligible child after paragraph (b) there were inserted—

"; or

(c) an adult child.";

(i) as if in section 19AB(2) "on or after 12 June 1978" were omitted.

S. 21C(2)(j) inserted by No. 82/1996 s. 43(1)(b).

(j) as if in section 20(1A) the definition of cut off date were omitted;

S. 21C(2)(k) inserted by No. 82/1996 s. 43(1)(b).

(k) as if in section 20(1A) in the definition of eligible lump sum amount after paragraph (b) there were inserted—

"; or

(c) any amounts received under sections 15(2) and 15(3A) of the Parliamentary Salaries and Superannuation Act 1968.";

S. 21C(2)(l) inserted by No. 82/1996 s. 43(1)(b).

(l) as if after section 20(1A) there were inserted—

"(1AAA) This section applies to a person specified in section 21A(1)(a) of the Parliamentary Salaries and Superannuation Act 1968.";

S. 21C(2)(m) inserted by No. 82/1996 s. 43(1)(b).

(m) as if in sections 20(1AA) and 20(1AB) after "member" there were inserted "or on electing to transfer from Division 2 to Division 3 of the Parliamentary Salaries and Superannuation Act 1968";

S. 21C(2)(n) inserted by No. 82/1996 s. 43(1)(b).

(n) as if in section 20, subsections (1AC), (2), (2A), (2B), (2C), (2D) and (5) were repealed.

S. 21C(3) inserted by No. 82/1996 s. 43(2).

(3) If a person specified in section 21A(1)(b) had a previous period of service as a member that terminated before 1 December 1993—

(a) in respect of which the person received a benefit under section 15(2) before electing to transfer to this Division, the person must elect to repay the amount of that benefit or to have his or her entitlement to benefits under this Division reduced in accordance with section 15(4) as if that section applied to this Division; or

(b) in respect of which the person received a pension benefit which he or she partly commuted to a lump sum under section 16 before electing to transfer to this Division, the person must have his or her entitlement to benefits under this Division reduced in accordance with sections 20(1) and 20(2) as if those provisions applied to this Division.

Pt 2 Div. 3A (Heading and ss 21CA–21CG) inserted by No. 70/2003 s. 10.

Division 3A—Family Law provisions

S. 21CA inserted by No. 70/2003 s. 10.

21CA Definitions

(1) In this Division—

approved deposit fund has the meaning given by section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible rollover fund means a fund within the meaning of section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible superannuation plan means—

(a) a regulated superannuation fund; or

(b) an approved deposit fund; or

(c) an exempt public sector superannuation scheme; or

(d) an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

flag lifting agreement has the meaning given by section 90MN of the Commonwealth Family Law Act 1975;

flagging order means an order mentioned in section 90MU(1) of the Commonwealth Family Law Act 1975;

interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

payment flag has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

relevant condition of release means, a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Commonwealth Superannuation Industry (Supervision) Regulations 1994;

reversionary interest has the meaning given by section 90MF of the Commonwealth Family Law Act 1975;

RSA means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997;

specified period means the period which is specified to be the specified period in the specified standards;

splitting order means an order mentioned in section 90MT of the Commonwealth Family Law Act 1975;

spouse inserted by No. 38/2009 s. 23(a).

spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

super-annuation agreement amended by No. 38/2009 s. 23(b).

superannuation agreement has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

superannuation fund has the same meaning as in the Commonwealth Superannuation Industry (Supervision) Act 1993;

superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;

unsplittable interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Commonwealth Family Law (Superannuation) Regulations 2001;

value of the member spouse's interest in the Fund renamed as value of the member spouse's interest in the Scheme by No. 61/2013 s. 16(11).

value of the member spouse's interest in the Scheme means the value as determined in accordance with Part 5 of the Commonwealth Family Law (Superannuation) Regulations 2001.

(2) A reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

S. 21CB inserted by No. 70/2003 s. 10, amended by No. 61/2013 s. 16(7).

21CB Accrued benefit multiple

For the purpose of regulation 65 of the Commonwealth Family Law (Superannuation) Regulations 2001, the Board on the advice of an actuary appointed by the Board may from time to time determine the accrued benefit multiple.

S. 21CC (Heading) amended by No. 61/2013 s. 16(7).

S. 21CC inserted by No. 70/2003 s. 10.

21CC Obligation on Board

S. 21CC(1) amended by Nos 38/2009 s. 24(1), 61/2013 s. 16(7).

(1) Subject to subsections (5) and (6), the Board must comply with this section if—

is served on the Board under Part VIIIB or VIIIAB of the Commonwealth Family Law Act 1975.

S. 21CC(2) amended by No. 61/2013 s. 16(7).

(2) This section also applies to—

which was served on the Board under Part VIIIB of the Commonwealth Family Law Act 1975 before the commencement of section 10 of the Superannuation Acts (Family Law) Act 2003 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

S. 21CC(2A) inserted by No. 38/2009 s. 24(2), amended by No. 61/2013 s. 16(7).

(2A) This section also applies to—

which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 24 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

S. 21CC(3) amended by No. 61/2013 s. 16(7)(9).

(3) If the non-member spouse has not satisfied a relevant condition of release and the member spouse is not receiving a pension under this Act, the Board must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Scheme—

(a) transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse within the specified period; or

S. 21CC(3)(b) amended by No. 61/2013 s. 16(7).

(b) if the non-member spouse fails to nominate in writing an eligible superannuation plan within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Board.

S. 21CC(4) amended by No. 61/2013 s. 16(7)(9).

(4) If the non-member spouse has satisfied a relevant condition of release or the member spouse is receiving a pension under this Act, the Board must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Scheme—

(a) if so requested in writing by the non-member spouse within the specified period, pay the non-member spouse a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment; or

(b) if so requested in writing by the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse; or

S. 21CC(4)(c) amended by No. 61/2013 s. 16(7).

(c) if no request is received from the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Board.

(5) Subsections (3) and (4) do not apply if—

(a) the member spouse's superannuation interest is an unsplittable interest; or

(b) a payment flag is operating in respect of the member spouse's superannuation interest; or

(c) the non-member spouse has served a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest; or

(d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Commonwealth Family Law (Superannuation) Regulations 2001.

S. 21CC(6) amended by No. 61/2013 s. 16(7).

(6) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Board may determine that subsections (3) and (4) do not apply.

S. 21CC(7) amended by No. 61/2013 s. 16(7).

(7) If the non-member spouse serves a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest, the Board may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Board to the non-member spouse in accordance with this section.

S. 21CD inserted by No. 70/2003 s. 10, amended by No. 61/2013 s. 16(7).

21CD Reduction of benefit

Despite anything to the contrary in this Act, if under section 21CC an amount is paid by the Board to a non-member spouse or transferred by the Board on behalf of a non-member spouse, the benefit of a member spouse must be reduced by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board.

S. 21CE (Heading) amended by No. 61/2013 s. 16(7).

S. 21CE inserted by No. 70/2003 s. 10, amended by No. 61/2013 s. 16(7)(9).

21CE Board may provide additional information

On the application of an eligible person within the meaning of section 90MZB(8) of the Commonwealth Family Law Act 1975, the Board may provide information additional to the information required to be provided under section 90MZB of that Act if the Board considers that the additional information is necessary to understand the Scheme or the member spouse's benefit entitlements.

S. 21CF inserted by No. 70/2003 s. 10.

21CF Commutation rights not affected

The entitlement of a person to convert or commute a benefit or pension under this Act is not affected by the making of a payment or transfer under this Division.

S. 21CG inserted by No. 70/2003 s. 10.

21CG Charging of fees

S. 21CG(1) amended by No. 61/2013 s. 16(7).

(1) The Board may charge reasonable fees in respect of—

(a) a payment split;

(b) a payment flag;

(c) flag lifting under a flag lifting agreement that does not provide for a payment split;

(d) an order under section 90MM of the Commonwealth Family Law Act 1975 terminating the operation of a payment flag;

(e) an application under section 90MZB of the Commonwealth Family Law Act 1975 for information about a superannuation interest;

S. 21CG(1)(f) amended by No. 61/2013 s. 16(7).

(f) any other thing done by the Board in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order;

(g) the provision of information under section 21CE.

(2) Fees charged under subsection (1) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette.

S. 21CG(3) amended by No. 61/2013 s. 16(7).

(3) If the Board charges a fee under subsection (1), the fee is payable—

(a) unless paragraph (b) applies, in the case of subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(f), by the member spouse and the non-member spouse in equal parts; and

(b) if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse; or

(c) in the case of subsection (1)(e) or (1)(g), by the person who made the application.

Pt 2 Div. 4 (Heading) inserted by No. 22/1996 s. 29(c).

Division 4—General provisions

S. 21D inserted by No. 13/1999 s. 7.

21D Payment of benefits subject to specified standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.

S. 22 amended by No. 4/1996 s. 72(1).

22 Provision where Commonwealth pension payable

(1) Where any person to whom a pension would be payable under this Part but for the provisions of this section has become entitled to payment of any pension under the Commonwealth Act known as the Parliamentary Retiring Allowances Act 1948‑1965 or any amendment thereof or Act in substitution therefor, his right to payment of a pension under this Part shall be suspended while he is so entitled under the said Commonwealth Act:

Provided that, where he has received a pension or benefit under the said Commonwealth Act, the trustees may in their absolute discretion direct payment to that person of a pension of such amount as the trustees think fit but so that the total of both amounts so received shall not exceed the annual pension that would be payable under this Act but for the provisions of this section.

S. 22(2) inserted by No. 4/1996 s. 72(2).

(2) This section only applies to a person to whom a pension would be payable under this Part who has ceased or ceases to be a member on or before the commencement of section 73 of the Superannuation Acts (Amendment) Act 1996.

S. 23 amended by Nos 8118 s. 3, 110/1993 s. 107(1)(2), substituted by No. 4/1996 s. 73.

23 Entitlement to pension

(1) The entitlement of a former member to receive a pension under this Part ceases—

(a) if the former member again becomes a member of the Parliament, on the day that he or she becomes a member of the Parliament; or

S. 23(1)(b) amended by No. 61/2013 s. 16(7)(9).

(b) if any part of any entitlement under this Part or membership of the Scheme is recognised as entitlement towards any benefit in a complying superannuation fund and there is a transfer of assets from the Scheme to that complying superannuation fund in accordance with subsection (2), on the day determined by the Board.

S. 23(2) amended by No. 61/2013 s. 16(7)(9).

(2) If subsection (1)(b) applies, the Board must on the recommendation of an actuary transfer from the Scheme to the relevant complying superannuation fund an amount certified by the actuary to be equivalent to the former member's entitlement under this Part.

S. 23(3) amended by Nos 50/1997 s. 18(3), 27/2001 s. 5(Sch. 3 item 3.8), 61/2013 s. 16(7).

(3) The Board is released from any liability to make any further payments to, or in respect of, any entitlement of the former member or of any partner or children of the former member as soon as the certified amount is transferred to the relevant complying superannuation fund.

(4) The entitlement of a former member to receive a pension under this Part does not cease otherwise than in accordance with this section.

S. 23A inserted by No. 82/1996 s. 44.

23A Early release of benefits

S. 23A(1) amended by No. 61/2013 s. 16(7).

(1) The Board may approve the early release of part or all of the vested benefit entitlement of a member or former member in accordance with the specified standards.

S. 23A(2) amended by No. 61/2013 s. 16(7).

(2) The Board must determine—

(a) the amount of the vested benefit entitlement to be released; and

(b) the method of payment of that amount; and

(c) the reduction to be made to the vested benefit pension entitlement—

in accordance with the specified standards.

S. 24 amended by No. 110/1993 s. 107(3), substituted by No. 4/1996 s. 73.

24 Transfer of preserved benefit

S. 24(1) amended by No. 61/2013 s. 16(7).

(1) If a benefit under this Part is required by the specified standards to be preserved, a former member is entitled to have the amount of preserved benefit transferred to another complying superannuation fund nominated by the former member to the Board and may apply to the Board to make the transfer.

S. 24(2) amended by No. 61/2013 s. 16(7).

(2) Subject to section 24A, the Board must transfer that amount to that other complying superannuation fund.

S. 24A (Heading) inserted by No. 61/2013 s. 61(12).

S. 24A inserted by No. 4/1996 s. 73.

24A Money owing to the Scheme

S. 24A(1) amended by No. 61/2013 s. 16(7)(9).

(1) The Board may recover any amount of money owing to the Scheme by a member, former member, beneficiary or any other person together with an interest on that amount in accordance with subsection (2)—

S. 24A(1)(a) amended by No. 61/2013 s. 16(7)(9).

(a) if any amount is or becomes payable from the Scheme to that member, former member, beneficiary or other person by the Board deducting it from that amount; or

(b) in any other case as a debt in any court of competent jurisdiction.

S. 24A(2) amended by No. 61/2013 s. 16(9).

(2) Interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 is payable on any amount owing to the Scheme calculated from the date on which the amount becomes due until the date on which the amount is paid or otherwise recovered under subsection (1).

S. 24B (Heading) inserted by No. 61/2013 s. 16(13).

S. 24B inserted by No. 4/1996 s. 73.

24B Person may request Board to reconsider decision

S. 24B(1) amended by No. 61/2013 s. 16(7).

(1) A person who is affected by a decision of the Board which relates to the entitlement of any person to any benefit or entitlement under this Part may, by written notice given to the Board within 30 days after the decision comes to the notice of the person, request the Board to reconsider the decision.

S. 24B(2) amended by No. 61/2013 s. 16(7).

(2) The Board may, on receipt of a written application, extend or further extend, the time for the giving of notice to the Board requesting the Board to reconsider a decision.

(3) The request must set out the grounds on which the request is made.

S. 24B(4) amended by No. 61/2013 s. 16(7).

(4) On receipt of the request, the Board must reconsider the decision, and may confirm or vary the decision in any way the Board thinks fit.

S. 24B(5) amended by No. 61/2013 s. 16(7)(14).

(5) The Board must, within 30 days after receipt of the request, by written notice inform the person who made the request of the result of the Board's reconsideration of the decision.

S. 24B(6) substituted by No. 52/1998 s. 311(Sch. 1 item 70).

(6) A person whose interests are affected by—

S. 24B(6)(a) amended by No. 61/2013 s. 16(7).

(a) a decision of the Board under subsection (2); or

S. 24B(6)(b) amended by No. 61/2013 s. 16(7).

(b) a decision of the Board under subsection (2) as varied or confirmed under subsection (4)—

may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

S. 24B(7) inserted by No. 52/1998 s. 311(Sch. 1 item 70).

(7) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 24C inserted by No. 4/1996 s. 73.

24C Specified standards

(1) The Governor in Council may by Order in Council—

S. 24C(1)(a) amended by No. 70/2003 s. 11(1).

(a) specify standards and conditions for the preservation of specified employer and member contributions and benefits; and

(b) specify the method, manner and form in which preserved contributions may be paid as a benefit; and

S. 24C(1)(c) amended by Nos 82/1996 s. 45, 61/2013 s. 16(7).

(c) specify maximum fees and charges which the Board may impose on specified types of benefits; and

S. 24C(1)(ca) inserted by No. 70/2003 s. 11(2).

(ca) specify processes and requirements in respect of the administration and operation of Division 3A; and

S. 24C(1)(cb) inserted by No. 70/2003 s. 11(2).

(cb) specify the benefits and entitlements of non-members spouses under Division 3A; and

S. 24C(1)(d) inserted by No. 82/1996 s. 45.

(d) specify the circumstances (other than death) in which an application for an early release of benefits may be made; and

S. 24C(1)(e) inserted by No. 82/1996 s. 45.

(e) specify the benefits in respect of which an application for an early release may be made; and

S. 24C(1)(f) inserted by No. 82/1996 s. 45.

(f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.

(2) An Order in Council made under this section—

(a) must be published in the Government Gazette;

(b) takes effect on and from the date on which it is published or any later date of commencement as may be specified in the Order in Council;

(c) may apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the Order in Council is made.

S. 24C(3) inserted by No. 70/2003 s. 11(3).

(3) Any Order in Council made before the enactment of the Superannuation Acts (Family Law) Act 2003 has force and effect as if it had been made under this section as amended by section 11(1) of that Act.

S. 24D inserted by No. 29/2000 s. 11.

24D Surcharge debt account

S. 24D(1) amended by No. 61/2013 s. 16(7)(9).

(1) The Board must establish and maintain a separate surcharge debt account for each member of the Scheme.

S. 24D(2) amended by No. 61/2013 s. 16(7).

(2) The Board must debit to a member's surcharge debt account—

S. 24D(2)(a) amended by No. 61/2013 s. 16(7).

(a) any superannuation contributions tax paid or payable by the Board on contributions in respect of the member as a result of the operation of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 to discharge the liability imposed under that Act; and

(b) if the member's surcharge debt account is in debit at the end of a financial year, interest on the amount by which the account is in debit, calculated at the same rate as the rate determined under section 16 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and

(c) any debit adjustment to the amount debited under paragraph (a).

S. 24D(3) amended by No. 61/2013 s. 16(7).

(3) The Board must credit to a member's surcharge debt account—

S. 24D(3)(a) amended by No. 61/2013 s. 16(7).

(a) any pre-payment by the member to the Board in respect of any payment made or to be made by the Board to discharge or partially discharge the liability imposed under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and

(b) any credit adjustment to the amount debited under subsection (2)(a); and

(c) any surcharge deduction amount under subsection (4); and

(d) an amount to achieve a nil balance after all the debits under subsection (2) and all the credits under paragraphs (a) to (c) have been made.

S. 24D(4) amended by No. 61/2013 s. 16(7)(14).

(4) If—

S. 24D(4)(a) amended by No. 61/2013 s. 16(7).

(a) the Board discharges the liability imposed under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 under section 7 of that Act; and

(b) benefits become payable to or in respect of a person who has held office as a member; and

(c) the person's surcharge debt account is in debit when those benefits become so payable—

then, despite anything in any Act or in any trust instrument, contract or other document, the Board may reduce those benefits by an amount determined in writing that, in the Board's opinion on the advice of an actuary, would be fair and reasonable having regard to the matters specified in subsection (5).

S. 24D(5) amended by No. 61/2013 s. 16(7).

(5) In making the determination, the Board must have regard to the following—

(a) the amount by which the person's surcharge debt account is in debit when those benefits become payable;

(b) the value of the employer-financed component of those benefits;

(c) the value of the benefits that, for the purpose of working out (under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997) the surchargeable contributions reported for the person, were assumed to be likely to be payable to the person on his or her ceasing to hold office as a member;

(d) whether the person has or had qualified for his or her maximum benefit entitlement under this Act;

S. 24D(5)(e) amended by No. 61/2013 s. 16(7).

(e) any other matter that the Board considers relevant.

S. 24D(6) amended by No. 61/2013 s. 16(7).

(6) The amount determined under subsection (4) by the Board must not be more than 15 per cent of the employer-financed component of that part of the benefits payable to the person that accrued after 20 August 1996.

S. 24D(7) amended by No. 61/2013 s. 16(7).

(7) For the purposes of subsection (4), if the benefit is in the form of a pension entitlement, the deduction is to be made by the Board commuting the member's pension entitlement to the extent determined by an actuary appointed by the Board to be necessary to meet the amount determined under subsection (4).

(8) The exercise of the power of commutation under subsection (7) does not affect the exercise of any other commutation rights under this Act.

S. 24E inserted by No. 29/2000 s. 11.

24E Commutation of pension to meet surcharge liability

(1) The power of commutation under this section applies if—

(a) a person is receiving a pension under this Act; and

(b) the person receives a notice of surcharge assessment on contributions made in respect of the person when he or she was a member from the Australian Taxation Office for which he or she is personally liable; and

(c) the person makes an election in accordance with subsection (2).

(2) The election must—

(a) be made within the period of 3 months after the day on which the assessment is made; and

S. 24E(2)(b) amended by No. 61/2013 s. 16(7).

(b) be made in a manner approved by the Board; and

S. 24E(2)(c) amended by No. 61/2013 s. 16(7).

(c) authorise the Board to pay on the person's behalf the amount of the surcharge assessment directly to the Australian Taxation Office.

S. 24E(3) amended by No. 61/2013 s. 16(7).

(3) The Board must commute the person's pension to the extent determined by an actuary appointed by the Board to be necessary to pay the amount of the surcharge assessment.

S. 24E(4) amended by No. 61/2013 s. 16(7).

(4) The Board must advise the person in writing as to the actuary's determination.

(5) The exercise of the power of commutation under this section does not affect the exercise of any other commutation rights under this Act.

S. 24EA inserted by No. 44/2014 s. 4.

24EA Commutation of pension to meet a superannuation interest taxation liability

(1) The power of commutation under this section applies if—

(a) a person is receiving a pension under this Act; and

(b) the person receives a notice of assessment from the Australian Taxation Office in relation to a superannuation interest taxation liability for which the person is personally liable; and

(c) the person makes an election in accordance with subsection (2).

(2) The election must—

(a) be made in a manner approved by the Board; and

(b) authorise the Board to pay on the person's behalf the amount of the superannuation interest taxation liability directly to the Australian Taxation Office.

(3) The Board must commute the person's pension to the extent determined by an actuary appointed by the Board to be necessary to pay the amount of the superannuation interest taxation liability.

(4) The Board must advise the person in writing as to the actuary's determination.

(5) The exercise of the power of commutation under this section does not affect the exercise of any other commutation rights under this Act.

(6) In this section—

superannuation interest taxation liability means—

(a) the tax imposed by the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013 of the Commonwealth; and

(b) any other Commonwealth taxation or charge imposed on a superannuation interest which is prescribed for the purposes of this section.

S. 24F inserted by No. 40/2010 s. 25.

24F Disclosure of contents of medical reports

S. 24F(1) amended by No. 61/2013 s. 16(7).

(1) Within 28 days of the receipt of a medical report under this Act, the Board must provide access to the contents of the medical report to the person to whom it relates in a way described in section 28(1) of the Health Records Act 2001.

S. 24F(2) amended by No. 61/2013 s. 16(7).

(2) Despite subsection (1), the Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.

S. 25 amended by No. 56/1992 s. 6(a).

25 Regulations

(1) The Governor in Council may make regulations for or with respect to prescribing any matter or thing authorized or required to be prescribed by this Part or necessary or expedient to be prescribed for the purposes of this Part.

S. 25(2) inserted by No. 56/1992 s. 6(b), repealed by No. 4/1996 s. 74.

Pt 4 (Heading and ss 26–43) inserted by No. 78/2004 s. 7.

Part 4—Parliamentary accumulation superannuation arrangements

Division 1—Preliminary

S. 26 inserted by No. 78/2004 s. 7.

26 Definitions

In this Part—

administering authority means—

(a) in relation to a person who is a member of the Legislative Assembly, the Clerk of the Legislative Assembly; and

(b) in relation to a person who is a member of the Legislative Council, the Clerk of the Legislative Council;

basic contributions fund, in relation to a person at a particular time, means—

(a) if a choice notice given by the member is in force under Division 3 at that time, the fund that is, at that time, specified in the notice as the chosen fund; or

(b) in any other case, the fund or scheme that is, at that time, the default fund;

choice notice means a notice under section 35;

chosen fund means the fund chosen by a member under section 34;

complying superannuation fund has the meaning given by section 27;

default fund means the fund or scheme declared by the Minister to be the default fund under Division 4;

election has the same meaning as it has in section 3 of the Electoral Act 2002;

month means one of the 12 months of the year;

new arrangements means parliamentary accumulation superannuation arrangements;

new arrangements contribution period, in relation to a person, has the meaning given by section 29;

new arrangements entry time, in relation to a person, has the meaning given by section 28;

parliamentary salary means salary to which a member is entitled under section 6(1)(a);

prescribed means prescribed by regulations made under this Part;

RSA has the same meaning as in the Retirement Savings Accounts Act 1997 of the Commonwealth;

self managed superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.

S. 27 inserted by No. 78/2004 s. 7.

27 Meaning of complying superannuation fund

(1) For the purposes of this Part, a fund or scheme is a complying superannuation fund at a particular time if, and only if—

(a) the fund or scheme is a complying superannuation fund for the purposes of Part IX of the Income Tax Assessment Act 1936 of the Commonwealth in relation to the year of income in which the time occurs; and

(b) the fund or scheme is a superannuation fund as defined by section 6(1) of the Income Tax Assessment Act 1936 of the Commonwealth.

(2) In applying subsection (1)(a) in relation to a fund or scheme and a particular time, the following are to be disregarded—

(a) any notice that is given after that time under section 40 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth and that relates to the fund or scheme and the year of income in which the time occurs;

(b) any revocation or setting aside, after that time, of a notice given before that time under section 40 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth and that relates to the fund or scheme and the year of income in which the time occurs or an earlier year of income.

S. 28 inserted by No. 78/2004 s. 7.

28 Meaning of new arrangements entry time

(1) For the purposes of this Part, the new arrangements entry time for a person is the first time after the commencement of section 7 of the Parliamentary Superannuation Legislation (Reform) Act 2004 in relation to which the following conditions are satisfied—

(a) the time is on or after the election day for the first election following the commencement of that section;

(b) the person becomes entitled to a parliamentary salary at that time;

(c) the person was not entitled to a parliamentary salary immediately before that time.

(2) For the purposes of subsection (1), if—

(a) a person resigned as a member of a House of the Parliament; and

(b) was elected as a member of the other House of the Parliament within 3 months after the resignation—

then the person is taken to have been entitled to a parliamentary salary from the time the person resigned as a member until the time the person was elected as a member of the other House of the Parliament.

(3) For the purposes of subsection (2), a person is taken to be elected on the election day.

(4) For the purposes of this Part, if after the commencement of section 9 of the Constitution (Parliamentary Reform) Act 2003, a person becomes a member as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Legislative Council the person is taken to be elected on the day that the person is chosen to fill the casual vacancy.

S. 29 inserted by No. 78/2004 s. 7.

29 Meaning of new arrangements contribution period

(1) For the purposes of this Part, a new arrangements contribution period of a person is a period described in subsection (2) or (3).

(2) The period that starts at the new arrangements entry time for the person and that ends when the person next ceases to be entitled to a parliamentary salary is a new scheme contribution period of the person.

(3) The period that starts at any later time in relation to which the following conditions are satisfied—

(a) the person becomes entitled to a parliamentary salary at that time; and

(b) the person was not entitled to a parliamentary salary immediately before that time—

and that ends when the person next ceases to be entitled to a parliamentary salary is a new arrangements contribution period of the person.

Division 2—State's obligations to make contributions

S. 30 inserted by No. 78/2004 s. 7, amended by No. 5/2019 s. 61(1).

30 Persons to whom this Division applies

This Division applies to a member in respect of a new arrangements contribution period of the member.

S. 31 inserted by No. 78/2004 s. 7.

31 The State's obligations to make contributions

S. 31(1) amended by No. 5/2019 s. 61(2).

(1) If this Division applies to the member, the State must make a contribution, in respect of the member, to the basic contributions fund of the member.

(2) Subject to subsection (3), the amount of the contribution is an amount equal to the greater of—

(a) the sum of the prescribed percentage of—

S. 31(2)(a)(i) amended by No. 5/2019 s. 61(3)(a).

(i) the amount of parliamentary salary to which the person is entitled; and

S. 31(2)(a)(ii) amended by No. 5/2019 ss 57(2), 61(3)(b).

(ii) the amount (if any) of additional salary to which the member is entitled because the Member was a specified parliamentary office holder; or

(b) the minimum amount necessary to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

(3) An election under section 41 to make member contributions by way of salary sacrifice does not affect the amount that would otherwise constitute parliamentary salary for the purpose of subsection (2)(a).

S. 31(3A) inserted by No. 5/2019 s. 61(4).

(3A) For the purposes of determining the amount of the contribution for the financial year ending 30 June 2019, the amount of parliamentary salary and the amount (if any) of additional salary to which the member is entitled is to be determined in respect of the whole of the financial year.

S. 31(4) amended by No. 37/2013 s. 10(1), substituted by No. 5/2019 s. 61(5).

(4) Despite anything to the contrary in this section, the member may request in writing that the State limit, to the amount specified in the request, employer contributions to the person's basic contributions fund to the extent that the basic contributions fund cannot receive those contributions without causing the member to exceed the concessional contributions cap published by the Australian Taxation Office in relation to superannuation contributions.

(5) The administering authority must comply with any requirements relating to the making of contributions under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

(6) The Superannuation Industry (Supervision) Act 1993 of the Commonwealth (including the regulations under that Act) apply in respect of contributions made under this Part.

S. 31(7) amended by No. 37/2013 s. 10(2).

(7) In this section, prescribed percentage means the percentage required under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth to ensure compliance with the minimum level of contributions required to be made by employers to avoid incurring a liability for a superannuation guarantee charge under that Act plus an additional 6%.

Division 3—Choice of funds

S. 32 inserted by No. 78/2004 s. 7.

32 Meaning of fund—includes schemes and accounts

In this Division, fund includes a scheme or account.

S. 33 inserted by No. 78/2004 s. 7.

33 When may a person choose a fund?

A member may choose a fund as described in section 34 if, and only if, the choice is made during a new arrangements contribution period of the member.

S. 34 inserted by No. 78/2004 s. 7.

34 The nature of the choice

(1) A member may choose a fund to be the fund to which contributions are made under this Part in respect of the member.

(2) At the time the choice is made, the chosen fund must be—

(a) a complying superannuation fund; or

(b) an RSA.

(3) There can only be one chosen fund at any particular time in relation to the member.

S. 35 inserted by No. 78/2004 s. 7.

35 How to make a choice

(1) A choice of a fund must be made by notice in writing signed by the member.

(2) The choice notice must—

(a) specify the name of, and contact details for, the chosen fund;

(b) specify the start date from which the notice is to have effect, being the date the notice is given or a later date;

(c) contain such other information (if any) as is prescribed.

(3) The choice notice must be accompanied by evidence that the chosen fund will—

(a) accept contributions under this Part;

(b) comply with any requirements which are prescribed for the purposes of this section.

(4) The administrator of a fund may reject a request that the fund be the chosen fund if the administrator considers that the fund will not be able to comply with any requirements which are prescribed for the purposes of this section.

(5) The choice notice must be given to the administering authority.

S. 36 inserted by No. 78/2004 s. 7.

36 Duration of a choice notice

If sections 33, 34 and 35 are complied with, a choice notice comes into force on the start date for the notice and remains in force until whichever of the following occurs first—

(a) the contribution payable under this Part in respect of the month in which the member next ceases to be entitled to parliamentary salary has been paid; or

(b) a revocation of the choice notice takes effect; or

(c) the chosen fund ceases to exist; or

(d) the chosen fund ceases to accept contributions under this Part; or

(e) the chosen fund ceases to be a complying superannuation fund or an RSA.

S. 37 inserted by No. 78/2004 s. 7.

37 Variation of a choice notice

(1) The member may vary a choice notice he or she has given by notice in writing signed by the member and given to the administering authority.

(2) The only variations that are permitted are—

(a) to change the chosen fund to another fund that is, at the time the notice is given—

(i) a complying superannuation fund; or

(ii) an RSA; or

(b) if the start date has not already occurred, to change the start date to a later date.

(3) The notice of variation must specify a date from which the variation is to take effect, being the date on which the notice is given or a later date.

(4) A notice of variation to change the chosen fund must—

(a) specify the name of, and contact details for, the new chosen fund;

(b) be accompanied by evidence that the new chosen fund will—

(i) accept contributions under this Part; and

(ii) comply with any requirements which are prescribed for the purposes of section 35.

(5) Subject to any later variations, if the notice of variation complies with this section, it varies the choice notice accordingly with effect from the variation date.

S. 38 inserted by No. 78/2004 s. 7.

38 Revocation of a choice notice

(1) The member may revoke a choice notice he or she has given by a notice in writing—

(a) signed by the member; and

(b) given to the administering authority.

(2) The notice of revocation must specify a date from which the revocation is to take effect, being the date on which the notice of revocation is given or a later date.

(3) If the notice of revocation complies with this section, the revocation takes effect on the specified date.

S. 39 inserted by No. 78/2004 s. 7.