1State Superannuation Act 2000

![Crest]()Western Australia State Superannuation Act 2000 Western Australia State Superannuation Act 2000 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Act binds Crown 3 Part 2A — Employer contribution obligation 4A. Terms used 4 4B. Employer contributions, duty to make etc. 5 4C. Regulations may require extra contributions 5 Part 2 — Government Employees Superannuation Board 5. Board established and nature of 7 6. Functions 7 7. Powers 8 7A. Subsidiary, formation or acquisition of 9 7B. Subsidiary, constitution of etc. 10 8. Composition of Board 11 9. Protection from personal liability 11 10. Meetings and procedures (Sch. 2) and common seal 12 11. Staff 12 12. Delegation by Board 13 13. Board decisions, review of 13 Part 3 — Government Employees Superannuation Fund 14. Fund established and nature of 15 15. Fund, content and purposes of 15 16. Accounting records, Board to keep etc. 16 17. Actuarial investigations, Board to obtain periodically 16 18. Investing Fund’s assets 16 19. Investment strategy for Fund, Board’s duties as to 17 20A. Reserves in Fund and reserving strategy, Board’s functions as to 18 20. Certain investments, restrictions on making 19 21. Loans to Members prohibited 19 22. Allocation of Fund’s earnings and costs 19 23. Appointment of investment manager 20 24. Borrowing by Board 20 25. Interest on money owed to Fund 21 26. Recovering money owed to Fund 21 Part 4 — Superannuation schemes 28. Superannuation schemes, establishing by regulations etc. 23 29. Certain schemes become superannuation schemes under this Act on 17 Feb 2001 23 30. Superannuation schemes etc., establishment of etc. by Employer 24 Part 5 — Government guarantees and appropriation of the Consolidated Account 31. Guarantee by Crown of scheme benefits etc. 25 32. Appropriation to meet contribution etc. obligations 25 Part 6 — Miscellaneous 33. Treasurer’s approvals and guidelines 26 33A. Board to observe certain policy instruments 28 33B. Strategic development plan and statement of corporate intent 28 34. Directions to Employers as to practice and procedure 29 35. Treasurer may give Board directions 30 36A. Laying documents before Parliament, procedure for if House not sitting etc. 31 36. Treasurer to have access to information 32 37. Superannuation contributions made by non‑government contributors 33 38. Regulations 34 39. Repeals 37 40. *Administration Act 1903* s. 10 affected by this Act 38 Part 7 — Savings and transitional provisions 41. Default fund for employee 39 42. Maximum period of service for directors 39 43. Changes to regulation‑making power 40 Schedule 1 — Government Employees Superannuation Board 1A. Terms used 41 1. Nomination of chairperson 41 2. Appointment of deputy chairperson 41 3. Election of member directors 42 4. Term of office: chairperson and Employer directors 42 4A. Term of office: Member directors 42 5. Directors are part‑time 43 6. Casual vacancies 43 6A. Acting directors 44 7. Remuneration and allowances 45 Schedule 2 — Meetings and procedures 1. Board to determine own procedure 46 2. Quorum 46 3. Presiding director 46 4. Voting 46 5. Minutes 46 6. Resolution without meeting 47 7. Telephone or video attendance at meetings 47 8. Committees 47 9. Material interest 47 10. Material interests to be disclosed etc. 48 11. Director etc. with material interest not to vote etc. 49 12. Clause 11 may be disapplied 49 Schedule 3 — Provisions to be included in constitution of subsidiary 1. Term used: prior approval 51 2. Disposal of shares 51 3. Directors 51 4. Further shares 52 5. Alteration of constitution 52 6. Subsidiaries of subsidiary 52 Notes Compilation table 53 Uncommenced provisions table 55 Other notes 55 Defined terms Western Australia State Superannuation Act 2000 An Act to provide for superannuation contributions and superannuation schemes for and in respect of people working or formerly working in the public sector and for related purposes. [Long title inserted: No. 35 of 2011 s. 5.] ## Part 1 — Preliminary ##### 1. Short title This Act may be cited as the *State Superannuation Act 2000*. ##### 2. Commencement This Act comes into operation on a day fixed by proclamation. ##### 3. Terms used (1) In this Act — actuary means a fellow or accredited member of the Institute of Actuaries of Australia, or any other person with actuarial knowledge and experience who is approved by the Treasurer; benefit means a benefit paid or payable under a scheme, whether paid or payable as a lump sum, pension, allowance or annuity or in any other form; Board means the Government Employees Superannuation Board under section 5; Corporations Act means the *Corporations Act 2001* (Commonwealth); Employer means — (a) the Crown; or (b) the Government of Western Australia; or (c) a Minister of the Crown; or (d) an authority, body or person prescribed for the purposes of this definition; Fund means the Government Employees Superannuation Fund under section 14; GES Act means the *Government Employees Superannuation Act 1987* as in force immediately before this Act came into operation; Member means a member of a scheme; non‑government contributor has the meaning given in section 37(1); scheme, except in section 30, means a superannuation scheme established or continued under this Act; SGA Act means the *Superannuation Guarantee (Administration) Act 1992* (Commonwealth); subsidiary means a body determined under subsection (3) to be a subsidiary of the Board; Treasurer’s guidelines means guidelines issued by the Treasurer under section 33(2). (2) For the purposes of this Act, a person who — (a) holds an office or position established or continued under a written law; or (b) is appointed to an office or position by the Governor, a Minister, an Employer or a person who works for an Employer, is taken to work for an Employer. (3) Part 1.2 Division 6 of the Corporations Act applies for the purpose of determining whether a body is a subsidiary of the Board. [Section 3 amended: No. 18 of 2006 s. 6; No. 25 of 2007 s. 5 and 19(2); No. 35 of 2011 s. 6 and 31; No. 50 of 2024 s. 4.] ##### 4. Act binds Crown This Act binds the Crown. ## Part 2A — Employer contribution obligation [Heading inserted: No. 35 of 2011 s. 50.] ##### 4A. Terms used (1) In this Part — chosen fund means a fund chosen by an employee in accordance with the SGA Act Part 3A Division 4; default fund means — (a) in relation to an employee who is not an exempt employee, a fund prescribed by the regulations as the default fund for that employee; and (b) in relation to an exempt employee, a fund named by the Employer of that employee, with the approval of the Treasurer, as the default fund for that employee; employee has the meaning given in the SGA Act section 12; exempt employee means an employee for whom an Employer, in accordance with section 30(1), makes or may make superannuation contributions to a fund that is not a scheme under this Act; fund has the meaning given in the SGA Act section 32E; individual superannuation guarantee shortfall has the meaning given in the SGA Act section 19; superannuation guarantee charge means the charge imposed by the *Superannuation Guarantee Charge Act 1992* (Commonwealth). (2) For the purposes of this Part an employee is to be regarded as an employee of the person or body prescribed by the regulations for that employee. [Section 4A inserted: No. 35 of 2011 s. 50; amended: No. 50 of 2024 s. 5(1) and (3).] ##### 4B. Employer contributions, duty to make etc. (1) An Employer must make superannuation contributions such that the Employer will avoid incurring an individual superannuation guarantee shortfall for any of its employees. (2) Where subsection (1) requires an Employer to make contributions for an employee, the Employer must pay the contributions to — (a) a chosen fund for the employee; or (b) if at the time the contribution is paid there is no chosen fund for the employee, the default fund. (3) Except as prescribed in the regulations, an Employer must comply with the requirements of the SGA Act Part 3A Division 6, even if it is not required by that Act to do so. (4) If an Employer becomes liable to pay the superannuation guarantee charge as a result of incurring an individual superannuation guarantee shortfall for an employee for a period, the Employer has no obligation under subsection (1) to make contributions in respect of that employee for that period. (5) This section does not apply in relation to an employee who is in a class of employees prescribed by the regulations. [Section 4B inserted: No. 35 of 2011 s. 50.] ##### 4C. Regulations may require extra contributions (1) Subject to subsection (2), the regulations may require an Employer to make superannuation contributions which exceed any contributions the Employer is required to make under section 4B or any other written law. (2) Regulations which require an Employer to make contributions to a fund must either — (a) specify the amount or rate of contributions to be made; or (b) specify the way in which the amount or rate of contributions is to be determined, in which case the regulations must provide that the determination of the rate or amount of contributions is to be subject to the approval of the Treasurer. [Section 4C inserted: No. 35 of 2011 s. 50.] [Heading deleted: No. 35 of 2011 s. 7.] [Division 1 (s. 4E) deleted: No. 35 of 2011 s. 8.] ## Part 2 — Government Employees Superannuation Board [Heading inserted: No. 35 of 2011 s. 9.] ##### 5. Board established and nature of (1) There is a board called the Government Employees Superannuation Board. (2) The Board is — (a) a body corporate with perpetual succession; and (b) a Crown agency. (3) The Board is a continuation of, and the same legal entity as, the Government Employees Superannuation Board established under the GES Act. (4) Proceedings may be taken by or against the Board in its corporate name. ##### 6. Functions (1) The functions of the Board are to — (a) assist the Treasurer in the administration of this Act; (ba) if so agreed with the Treasurer, provide a service of receiving superannuation contributions paid by Employers and — (i) crediting them to the Fund; or (ii) remitting them on behalf of the Employers to other funds, in accordance with Part 2A; and (b) manage the Fund; and (c) administer the schemes or, in accordance with any relevant Treasurer’s guidelines, select and appoint external administrators of the schemes and monitor their administration; and (d) provide information, advice and assistance to the Treasurer on matters relating to superannuation; and (ea) so far as practicable, provide information to Members regarding their rights and entitlements under the schemes; and (e) provide, or facilitate the provision of, products and services to — (i) members of the schemes; and (ii) Employers; and (f) perform any other functions conferred under this Act or any other written law. (2) In carrying out its functions the Board is to, as far as practicable — (a) act in the best interests of Members; and (b) ensure that Members and Employers are fully informed of their rights and obligations under the Act; and (c) ensure equity — (i) between the Members of each scheme; and (ii) between the Members of a scheme and the Members of each other scheme. (3) In carrying out its functions the Board may use and operate under one or more prescribed trading names. [Section 6 amended: No. 18 of 2006 s. 7; No. 25 of 2007 s. 6(5) and 19(1); No. 35 of 2011 s. 10, 32, 40 and 51; No. 50 of 2024 s. 9.] ##### 7. Powers (1) The Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the Board may — (a) acquire, hold, deal with and dispose of property of any sort; and (b) in accordance with any relevant Treasurer’s guidelines, enter into a contract or arrangement with any person under which that person is to — (i) provide professional, technical or other assistance to the Board; or (ii) do for the Board anything that the Board could do, and pay out of the Fund fees charged by the person in accordance with the contract or arrangement; and (c) in accordance with any relevant Treasurer’s guidelines, enter into a contract or arrangement with any person under which the Board is to provide products and services to that person and charge fees for providing those products and services; and (ca) subject to section 7A, form or acquire a subsidiary; and (d) promote and market the Board, its activities, products and services; and (e) conduct research; and (f) produce and publish information; and (g) do anything else that a body corporate may do. (3) Without limiting subsection (1) if the Board has power to do something, it may do that thing on its own or in conjunction with any person. [Section 7 amended: No. 18 of 2006 s. 8; No. 35 of 2011 s. 41.] ##### 7A. Subsidiary, formation or acquisition of (1) The Board must obtain the approval of the Treasurer before it forms or acquires a subsidiary. [(2) deleted] (3) When seeking approval under subsection (1) the Board must give to the Treasurer a copy of the subsidiary’s constitution or proposed constitution, as the case requires. [Section 7A inserted: No. 18 of 2006 s. 9; amended: No. 35 of 2011 s. 31 and 33.] ##### 7B. Subsidiary, constitution of etc. [(1) deleted] (2) The Board must ensure that the constitution of every subsidiary of the Board that under a written law or the Corporations Act is required to have a constitution — (a) contains provisions to the effect of those required by Schedule 3; and (b) is consistent with this Act; and (c) is not amended in a way that makes it inconsistent with this Act. (3) A director or a member of the staff of the Board may with the approval of the Board become a director of a company that is or is to be a subsidiary of the Board. (4) The provisions of this Act prevail to the extent of any inconsistency with the constitution of any subsidiary of the Board. (5) Neither — (a) subsection (2); nor (b) provisions referred to in subsection (2)(a) included in the constitution of a subsidiary, make the Board or the Treasurer a director of a subsidiary for the purposes of the Corporations Act. (6) Subsections (2) to (5) and Schedule 3 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation as defined in section 9 of the Corporations Act. [Section 7B inserted: No. 18 of 2006 s. 9; amended: No. 25 of 2007 s. 6(5) and 7; No. 35 of 2011 s. 11 and 31.] ##### 8. Composition of Board (1) The Board comprises 7 directors of whom — (a) one is to be appointed by the Governor as chairperson on the nomination of the Treasurer; and (b) 3 are to be appointed by the Governor as Employer directors; and (c) 3 are to be elected in accordance with the regulations as Member directors. (2) Schedule 1 has effect. [Section 8 amended: No. 25 of 2007 s. 19(1); No. 35 of 2011 s. 31; No. 50 of 2024 s. 27.] ##### 9. Protection from personal liability (1) Subject to the *Statutory Corporations (Liability of Directors) Act 1996*, an action does not lie against a person, other than the Board, for anything done by the person in good faith in the performance, or purported performance, of a function under this Act. (2) The protection given by this section applies even if the person would have been capable of doing the act if this Act had not been enacted. (3) Subsection (1) does not relieve the Board or the Crown of any liability that they might have for anything done by a person against whom that subsection provides that an action does not lie. (4) In an action against the Crown or the Board for loss or damage suffered by a person as a result of the making of an investment by the Board, it is a defence for the defendant to prove that the investment was made in accordance with the investment strategy formulated under section 19(1). [Section 9 amended: No. 25 of 2007 s. 6(5); No. 35 of 2011 s. 12.] ##### 10. Meetings and procedures (Sch. 2) and common seal (1) Schedule 2 has effect. (2) The common seal of the Board is to be — (a) in a form determined by the Board; and (b) kept in safe custody as the Board directs; and (c) used only as authorised by the Board. [Section 10 amended: No. 25 of 2007 s. 19(1).] ##### 11. Staff (1) Public service officers may be appointed or employed under the *Public Sector Management Act 1994* to enable the Board to perform its functions. (2) The Board may appoint or employ other persons on terms and conditions determined by the Board on the advice of the Public Sector Commissioner. (3) If the Board appoints an external administrator to conduct the administration of a scheme or schemes and in connection with that appointment the external administrator makes an offer of employment to a person appointed or employed by the Board under subsection (1) or (2) (a Board officer), the Board may enter into an agreement with the Board officer on terms approved by the Public Sector Commissioner providing for — (a) in the case of a Board officer who is a permanent public service officer appointed or employed under subsection (1) — (i) the right of the Board officer, during a stated period, to resume appointment or employment under subsection (1); and (ii) the making by the Board of a payment to the Board officer if the offer of employment is accepted and the right of election under subparagraph (i) expires without being exercised; and (b) in the case of any other Board officer, the making by the Board of a payment to the Board officer if the offer of employment is accepted. [Section 11 amended: No. 35 of 2011 s. 42.] ##### 12. Delegation by Board (1) Subject to section 23 the Board may, in writing, delegate the performance of any of its functions, except this power of delegation, to — (a) any person; or (b) a committee appointed under clause 8 of Schedule 2. (2) A function performed by a delegate is taken to have been performed by the Board. (3) A person purporting to act under this section as a delegate is taken to have acted in accordance with the terms of the delegation unless the contrary is shown. ##### 13. Board decisions, review of (1) A person aggrieved by a decision of the Board may apply to the Board to have the decision reviewed and the Board is to review the decision. (2) A person cannot apply to the Board under subsection (1) more than once in relation to the same decision. (3) A person aggrieved by a decision of the Board on a review under subsection (1) may — (a) if the decision relates to a superannuation scheme continued by section 29(1)(c) or (d), apply to the State Administrative Tribunal for a review of the decision; or (b) in any case, refer the matter for independent review by a prescribed person or body. (4) A referral under subsection (3)(b) is to be made and dealt with in accordance with the regulations. (5) The decision on review is to be given effect according to its tenor. [Section 13 amended: No. 55 of 2004 s. 1104; No. 25 of 2007 s. 8.] ## Part 3 — Government Employees Superannuation Fund [Heading inserted: No. 35 of 2011 s. 13.] ##### 14. Fund established and nature of (1) There is a fund called the Government Employees Superannuation Fund. (2) The Fund is a continuation of, and the same fund as, the Government Employees Superannuation Fund established by section 9 of the GES Act. [Section 14 amended: No. 25 of 2007 s. 68; No. 35 of 2011 s. 14.] ##### 15. Fund, content and purposes of (1) The Board is to credit to the Fund — (a) contributions made under this Act; and (b) amounts transferred to the Fund from other superannuation funds; and (c) earnings derived from the investment of the Fund; and (d) money borrowed by the Board; and (e) other amounts lawfully received by the Board or credited to the Fund. (2) The Board is to charge to the Fund — (a) benefits paid under the schemes; and (aa) amounts transferred from the Fund to other superannuation funds; and (b) costs incurred by the Board in carrying out its functions; and (ba) expenditure relating to the establishment of a subsidiary under section 7(2)(ca); and (c) other amounts lawfully paid by the Board or charged to the Fund. [Section 15 amended: No. 18 of 2006 s. 10; No. 25 of 2007 s. 6(5) and 19(1); No. 35 of 2011 s. 15 and 52.] ##### 16. Accounting records, Board to keep etc. (1) The Board is to keep the accounting and other records that the Board considers appropriate in order to perform its functions. (2) The Board may keep its records in or on any medium, or combination of mediums, capable of recording information and may vary the manner or form in which they are kept. ##### 17. Actuarial investigations, Board to obtain periodically (1) The Board is to cause an actuary to carry out an investigation of the state and sufficiency of the Fund at least once every 3 years and at any other times the Treasurer directs. (2) The actuary is to report the results of the investigation to the Board within 12 months of the date as at which the investigation is carried out or within any longer period the Treasurer approves. (3) The Board and actuary must ensure that the actuarial investigation and report are carried out in accordance with the Treasurer’s guidelines. ##### 18. Investing Fund’s assets (1) The Board may invest the assets of the Fund in any form of investment that is, or is of a kind that is, approved by the Treasurer. [(2) deleted] (3) The Board may — (a) deal with its investments; and (b) deal with or exercise, or choose not to exercise, any rights or obligations that are attendant on ownership of an investment. (4) Any procurement of services by the Board that is made in connection with the performance of its functions under this section is excluded from the application of the *Procurement Act 2020*. [Section 18 amended: No. 35 of 2011 s. 43; No. 50 of 2024 s. 10.] ##### 19. Investment strategy for Fund, Board’s duties as to (1) The Board is to formulate a strategy for the Fund. (2A) The Board’s investment strategy for the Fund is to be consistent with any relevant Treasurer’s guidelines. (2) In formulating its investment strategy the Board is to have regard to all of the circumstances of the Fund including — (a) the need to exercise care and prudence to maintain the integrity of the Fund; and (b) the — (i) nature of; and (ii) potential for capital appreciation and income return from; and (iii) costs associated with making; and (iv) risks associated with, different investments and different kinds of investments; and (c) the desirability of diversifying its investments; and (d) the liquidity of the Fund; and (e) its expected cash flow requirements; and (f) the level of existing and prospective liabilities. (3) The Board is to review — (a) its investment strategy; and (b) the management and performance of its investments, from time to time in accordance with any relevant Treasurer’s guidelines. (4) In exercising its powers under section 18 the Board is to — (a) act in accordance with any relevant Treasurer’s guidelines; and (b) act so as to give effect to its investment strategy. [Section 19 amended: No. 25 of 2007 s. 19(1); No. 35 of 2011 s. 44.] ##### 20A. Reserves in Fund and reserving strategy, Board’s functions as to (1) The Board may maintain reserves within the Fund. (2) The Board is to formulate a reserving strategy for the Fund. (3) The Board’s reserving strategy for the Fund is to be consistent with — (a) the Board’s capacity to discharge the liabilities of the Fund, actual and contingent, as they fall due; and (b) any relevant Treasurer’s guidelines. (4) The Board is to review its reserving strategy from time to time in accordance with any relevant Treasurer’s guidelines. (5) In exercising its power under subsection (1) the Board is to — (a) act in accordance with any relevant Treasurer’s guidelines; and (b) act so as to give effect to the Fund reserving strategy. [Section 20A inserted: No. 35 of 2011 s. 45.] ##### 20. Certain investments, restrictions on making (1) The Board may only invest in debt paper or securities of an Employer if doing so will not result in a breach of subsection (3). (2) If at any time it appears to the Board that subsection (3) is being breached, the Board must remedy the breach. (3) This subsection is breached if the cost of the Board’s investments in debt paper or securities of an Employer (other than debt paper of the Western Australian Treasury Corporation) exceeds the prescribed percentage of the cost of all of the Board’s investments. ##### 21. Loans to Members prohibited The Board must not use the assets of the Fund to make a loan or give financial assistance to a Member. ##### 22. Allocation of Fund’s earnings and costs (1) The Board is to allocate — (a) earnings derived from the investment of the Fund; and (b) the costs of managing and administering the Fund and the schemes, between the schemes and where appropriate between Members. (2) In allocating earnings and costs under subsection (1) the Board is to — (a) ensure compliance with any relevant guidelines; and (b) otherwise act in accordance with section 6(2). [Section 22 inserted: No. 35 of 2011 s. 46.] ##### 23. Appointment of investment manager (1) The Board may appoint an employee of the Board or any other person as an investment manager on terms determined by the Board. (2) Subject to any relevant Treasurer’s guidelines the Board may delegate to an investment manager all or any of its functions under section 18 with respect to all or part of the Fund. (3) A person is not appointed as an investment manager within the meaning of this section unless the person is appointed for the purpose of enabling the Board to delegate a function to that person under subsection (2). [Section 23 amended: No. 35 of 2011 s. 47; No. 50 of 2024 s. 11.] ##### 24. Borrowing by Board (1) The Board cannot borrow money unless — (a) the borrowing is — (i) for the purpose of overcoming a cash flow problem in the payment of benefits; or (ii) for a purpose approved by the Treasurer; and (b) the terms of the borrowing have been approved by the Treasurer; and (c) the borrowing complies with any relevant Treasurer’s guidelines. (2) When borrowing money the Board may give any security it considers appropriate. (3) In this section — borrow money means borrow or raise money, or arrange for other financial accommodation, and includes to re‑borrow or obtain advances. [Section 24 amended: No. 25 of 2007 s. 19(1); No. 35 of 2011 s. 48; No. 50 of 2024 s. 12.] ##### 25. Interest on money owed to Fund (1) If money is owing to the Fund interest accrues on it at a rate, in the manner and for the period, determined by the Board. (2) Interest accruing under subsection (1) may be recovered by the Board in the same way as other money owing to the Fund. ##### 26. Recovering money owed to Fund (1) The Board may recover any money owing to the Fund — (a) as a debt in a court of competent jurisdiction; or (b) by deducting the amount owing from any amount that is, or becomes, payable from the Fund to the debtor; or (c) if the money is owed by an Employer, by entering into an arrangement for the satisfaction of the debt in such manner as the Board considers appropriate; or (d) if the money is owed by a Member, by deduction of the amount owing from the Member’s pay under subsection (2). (2) If a Member owes money to the Fund the Board may direct the Employer of the Member to — (a) deduct the amount owing from the Member’s pay in the instalments and at the times set out in the direction; and (b) pay the amount deducted to the Fund, and the Employer must comply with the direction. [Section 26 amended: No. 25 of 2007 s. 19(2).] [**27.** Deleted: No. 50 of 2024 s. 13.] ## Part 4 — Superannuation schemes [Heading inserted: No. 35 of 2011 s. 16.] ##### 28. Superannuation schemes, establishing by regulations etc. (1) The Governor may, by regulations, establish superannuation schemes for persons who are working, or have worked, for Employers. (2) Subject to subsection (2A), a scheme may provide for the spouses or former spouses of — (a) persons who are working, or have worked, for Employers; or (b) persons who are, or will become, entitled to benefits under the *Parliamentary Superannuation Act 1970*, to participate in the scheme. (2A) A scheme continued by section 29(1)(b), (c) or (d) may only provide for the matters referred to in subsection (2) by regulations made in accordance with section 38(5A)(a). (3) In subsection (2) — benefits has the meaning given to that term in section 28(1) of the *Parliamentary Superannuation Act 1970*; spouse, in relation to a person, includes a de facto partner of that person. [Section 28 amended: No. 3 of 2002 s. 102; No. 18 of 2006 s. 11; No. 25 of 2007 s. 9; No. 50 of 2024 s. 14.] ##### 29. Certain schemes become superannuation schemes under this Act on 17 Feb 2001 (1) On 17 February 2001 the following superannuation schemes become superannuation schemes under this Act — (a) the superannuation scheme that was provided for in the *Government Employees Superannuation Act 1987* Part VIIA immediately before its repeal by section 39 (referred to in that Act as the 1993 scheme); (b) the superannuation scheme that was provided for in the *Government Employees Superannuation Act 1987* Parts IV, V, VI and VII immediately before its repeal by section 39 (referred to in that Act as the 1987 scheme); (c) the superannuation scheme that was provided for in the *Superannuation and Family Benefits Act 1938* Parts IV, V and VB immediately before its repeal by section 39; (d) the superannuation scheme that was provided for in the *Superannuation and Family Benefits Act 1938* Parts VA and VB immediately before its repeal by section 39. [(2) deleted] [Section 29 amended: No. 25 of 2007 s. 6(3), 10 and 69; No. 35 of 2011 s. 17.] ##### 30. Superannuation schemes etc., establishment of etc. by Employer (1) An Employer may establish a superannuation scheme or fund for the benefit of persons who work for the Employer, if and only if the Treasurer has approved the establishment of that scheme or fund. [(2), (3A) deleted] (3) An approval given by the Treasurer under this section must be in writing and may relate to — (a) a particular Employer or class of Employers; or [(b) deleted] (c) a particular scheme or fund or class of schemes or funds. (4) This section applies despite any other written law. [Section 30 amended: No. 25 of 2007 s. 6(5); No. 35 of 2011 s. 18, 34 and 53; No. 17 of 2014 s. 40; No. 50 of 2024 s. 15.] ## Part 5 — Government guarantees and appropriation of the Consolidated Account [Heading inserted: No. 35 of 2011 s. 19.] ##### 31. Guarantee by Crown of scheme benefits etc. (1) The Crown — (a) guarantees payment of every benefit payable under a scheme; and (b) may guarantee the performance by the Board of any of its obligations under this Act on terms determined by the Treasurer. (2) The payment of money under a guarantee under subsection (1) is to be charged to the Consolidated Account, and the Consolidated Account is appropriated accordingly. (3) Any amount received or recovered in respect of any payment made under a guarantee is to be credited to the Consolidated Account. [Section 31 amended: No. 77 of 2006 s. 4; No. 25 of 2007 s. 6(5); No. 35 of 2011 s. 20.] ##### 32. Appropriation to meet contribution etc. obligations The Consolidated Account is appropriated to the extent necessary to meet the payment of contributions and other amounts required by regulations under this Act to be paid by the Crown to the Fund on or after 17 February 2001. [Section 32 amended: No. 77 of 2006 s. 4; No. 25 of 2007 s. 6(4).] ## Part 6 — Miscellaneous [Heading inserted: No. 35 of 2011 s. 21.] ##### 33. Treasurer’s approvals and guidelines (1) An approval given by the Treasurer — (a) must be in writing; and (b) may be given when and how the Treasurer determines; and (c) may be given in relation to a particular matter or matters of a particular kind. (2) The Treasurer may, after consulting the Board, issue written guidelines to be followed by the Board in relation to — (aa) the exercise by the Board of its powers under section 6(1)(c) to select and appoint external administrators of the schemes and monitor their administration; and (a) the information, advice and assistance to be provided by the Board under section 6(1)(d); and (b) the provision by the Board of, or the facilitation by the Board of the provision of, products and services under section 6(1)(e); and (ca) the exercise by the Board of its powers under section 7(2)(b) and (c); and (c) the carrying out of actuarial investigations under section 17; and (d) the exercise of the Board’s powers under section 18; and (e) the submission of matters to the Treasurer for approval under sections 18, 23, 24 and 38(5); and (fa) the formulation and review of an investment strategy under section 19; and (f) the review by the Board of its investment strategy and the management and performance of its investments under section 19(3); and (ga) the maintenance of reserves and the formulation and review of a reserving strategy under section 20A; and (g) the allocation of investment earnings and costs of managing and administering the Fund and the schemes under section 22; and (h) the appointment of investment managers under section 23(1); and (i) the delegation of functions to investment managers under section 23(2); and (j) borrowing under section 24. (3) Guidelines issued under subsection (2) are not subsidiary legislation for the purposes of the *Interpretation Act 1984*. (4A) Where guidelines are issued under subsection (2), the Treasurer must publish the guidelines on a website maintained by the Department. (4B) In subsection (4A) — Department means the department of the Public Service principally assisting in the administration of the *Financial Management Act 2006*. (4) If there is any inconsistency between guidelines issued under subsection (2) and a direction given under section 35, the guidelines prevail. [Section 33 amended: No. 18 of 2006 s. 12; No. 25 of 2007 s. 19(1); No. 35 of 2011 s. 49; No. 50 of 2024 s. 16.] ##### 33A. Board to observe certain policy instruments The Board is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. [Section 33A inserted: No. 28 of 2006 s. 434.] ##### 33B. Strategic development plan and statement of corporate intent (1) The Board must, at the prescribed times, prepare and submit to the Treasurer — (a) a strategic development plan for the Board; and (b) a statement of corporate intent for the Board. (2) The regulations may make provision for the following — (a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the Board and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Treasurer to give directions to the Board, the Treasurer must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 36A — (a) within 14 days after the direction is given; or (b) if the direction is the subject of a notice under section 17 of the *Statutory Corporations (Liability of Directors) Act 1996*, within 14 days after it is confirmed under that section. [(4) deleted] (5) The text of a direction referred to in subsection (3) is to be included in the annual report submitted by the accountable authority of the Board under the *Financial Management Act 2006* Part 5. [Section 33B inserted: No. 28 of 2006 s. 434; amended: No. 25 of 2007 s. 11; No. 35 of 2011 s. 22, 31 and 35.] [**33C.** Deleted: No. 25 of 2007 s. 12.] ##### 34. Directions to Employers as to practice and procedure (1) The Board or the Treasurer may give written directions to Employers about the practices and procedures to be observed by Employers for the efficient operation of this Act and may amend those directions. (2) An Employer must comply with directions given under subsection (1). (3) The Board may recover from an Employer any costs or expenses incurred by the Board as a result of the Employer’s failure to comply with a direction given under subsection (1). (4) Directions given under subsection (1) may — (a) apply at all times, at a particular time, or for a particular period; or (b) apply to all Employers, to a particular Employer, or to Employers in a particular class; or (c) direct something to be done in a particular manner; or (d) require something to be approved by, or done to the satisfaction of, a particular person or body, or a member of a class of persons or bodies; or (e) confer a discretion on a person or body, or a class of persons or bodies. [Section 34 amended: No. 25 of 2007 s. 6(5) and 19(2); No. 35 of 2011 s. 23 and 31.] ##### 35. Treasurer may give Board directions (1) Subject to the *Statutory Corporations (Liability of Directors) Act 1996* the Treasurer may give written directions to the Board with respect to its functions and powers, either generally or with respect to a particular matter. (2) The Board is to give effect to directions given by the Treasurer. (3) Subject to subsections (5) and (6), a direction becomes effective on the expiry of 7 days after the Board receives it or of such longer period as the Treasurer may, at the Board’s request, determine. (4) If the Board asks the Treasurer to extend the 7 day period under subsection (3), the Treasurer must decide whether or not to agree to the request and notify the Board of that decision before the 7 day period has expired. (5) If a direction is the subject of a notice under the *Statutory Corporations (Liability of Directors) Act 1996* section 17, it does not become effective before it is confirmed under that section or the expiry of any extension of time notified under subsection (2). (6) Despite the *Statutory Corporations (Liability of Directors) Act 1996* section 17(4), the Treasurer may, when confirming a direction under that section, extend the time for the direction to become effective and is to notify the Board of the extension. (7) The Treasurer must cause a copy of a direction to be laid before each House of Parliament or dealt with under section 36A — (a) within 14 days after the direction is given; or (b) if the direction is the subject of a notice under the *Statutory Corporations (Liability of Directors) Act 1996* section 17, within 14 days after it is confirmed under that section. (8) The text of a direction is to be included in the annual report submitted by the accountable authority of the Board under the *Financial Management Act 2006* Part 5. [Section 35 amended: No. 77 of 2006 Sch. 1 cl. 160(2); No. 25 of 2007 s. 13; No. 35 of 2011 s. 24 and 31.] ##### 36A. Laying documents before Parliament, procedure for if House not sitting etc. (1) If a provision of this Act requires a person to cause a document to be laid before each House of Parliament or dealt with under this section within a period and — (a) at the commencement of the period, a House of Parliament is not sitting; and (b) the person is of the opinion that the House will not sit during that period, the person must transmit a copy of the document to the Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (3) The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. [Section 36A inserted: No. 35 of 2011 s. 25.] ##### 36. Treasurer to have access to information (1) For parliamentary purposes or for the proper conduct of the Treasurer’s public business, the Treasurer is entitled — (a) to have information in the possession, or under the control, of the Board or a subsidiary; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Treasurer may, in writing, request the Board to — (a) give the Treasurer information or access to information; and (b) make its staff and facilities available to enable the Treasurer to access information, and the Board is to comply with that request. (3) This section does not entitle the Treasurer to information in the possession of the Board or a subsidiary in a form that — (a) discloses confidential information about a beneficiary; or (b) might enable confidential information about a beneficiary to be ascertained, unless disclosure of the information is — (c) authorised by the beneficiary; or (d) authorised or required by a written law. (4) In this section — beneficiary means — (a) a Member; or (b) a former Member; or (c) any other person to whom — (i) a benefit has been or is being paid, or is or may become payable; or (ii) a product or service has been provided by the Board; document includes any tape, disc or other device or medium on which data is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Treasurer that relates to the functions or powers of the Board; parliamentary purposes means the purpose of — (a) answering a question asked in a House of Parliament; or (b) complying with a written law, or an order or resolution of a House of Parliament, that requires information to be furnished to a House of Parliament. [Section 36 amended: No. 18 of 2006 s. 13; No. 25 of 2007 s. 19(2); No. 35 of 2011 s. 31 and 36.] ##### 37. Superannuation contributions made by non‑government contributors (1) In this section — employee has the meaning given in the SGA Act section 12; non‑government contributor means a person, other than an Employer, who makes a superannuation contribution for the benefit of an employee of the person. (2) The Board may, with the written approval of the Treasurer — (a) provide a service of receiving superannuation contributions that are made by non‑government contributors; and (b) credit the superannuation contributions to the Fund. (3) The Treasurer’s approval may be of a general nature or limited to a particular non‑government contributor or class of non‑government contributors. (4) The Board may accept a superannuation contribution made by a non‑government contributor only if the contribution is made for the benefit of an employee of the non‑government contributor who is a member of a scheme. (5) The Board must not credit a superannuation contribution made by a non‑government contributor to an account that is kept for a scheme continued by section 29. [Section 37 inserted: No. 50 of 2024 s. 17.] ##### 38. Regulations (1) Subject to subsections (3) to (8), the Governor may make regulations prescribing all matters that are required or permitted by this Act or the *State Superannuation (Transitional and Consequential Provisions) Act 2000* section 26 to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. (2) Without limiting the generality of subsection (1), regulations may be made under subsection (1) in relation to — (a) establishing schemes; and (b) membership and Employer participation in the schemes; and (c) contributions and transfers of money to the Fund and other funding of the Fund; and (ca) contributions by non‑government contributors; and (d) benefits and how they are paid or dealt with; and (e) insurance to be provided through the schemes; and (f) management of the Fund; and (g) administration of the schemes; and (h) accounts and records to be kept by the Board; and (i) information and documents to be given to and by the Board; and (j) provision by the Board of, or facilitation by the Board of the provision of, products and services; and (k) appointment and election of directors; and (l) reviews, other than by the State Administrative Tribunal, of decisions of the Board. (3) Regulations cannot be made under subsection (1) if they reduce the amount of a benefit that — (a) accrued or became payable before the regulations came into operation; or (b) is, or may become, payable in relation to a period before the regulations came into operation. (4) Subsection (3) does not apply if — (a) the Treasurer has certified that the Treasurer is satisfied that the change to be made by the regulations is a change that, if each scheme affected by the regulations were a regulated superannuation fund, would be required or permitted under Commonwealth legislation; or (b) the reduction would apply only in respect of Members who agree with the Board that the reduction is to apply in relation to them. (5A) Regulations cannot be made under subsection (1) in relation to the superannuation schemes continued by section 29(1)(a), (b) or (c) unless — (a) the Treasurer has certified that the Treasurer is satisfied that the change to be made by the regulations is a change that, if each scheme affected by the regulations were a regulated superannuation fund, would be required or permitted under Commonwealth legislation; or (b) an actuary appointed by the Board has certified that the proposed regulations will not reduce, or have the same effect as reducing — (i) in the case of a scheme continued by section 29(1)(a) or (b), the multiplying factor for any relevant benefit; or (ii) in the case of the scheme continued by section 29(1)(c), the pension value factor for any Member of that scheme, to less than it was immediately before 17 February 2001; or (c) any reduction of the kind referred to in paragraph (b) will apply only in respect of Members who have agreed with the Board that the reduction is to apply in the calculation of their benefit. (5B) In subsection (5A) and in this subsection — multiplying factor, in relation to a relevant benefit, means the components of the benefit formula by which the Member’s salary is to be multiplied in order to calculate the benefit; pension value factor means — (a) the number of units that a Member may, or may become entitled to, acquire per dollar of the Member’s salary; or (b) the amount of the pension that will or may become payable in respect of each unit held by a Member; relevant benefit means a benefit, or part of a benefit, the amount of which was, immediately before 17 February 2001, calculated as a multiple of a Member’s salary. [(5C)‑(5F) deleted] (5) Regulations cannot be made under subsection (1), unless they have been approved by the Treasurer, if they — (a) will or may affect the financial rights or obligations of the Crown under this Act and the value of that effect will or may exceed the prescribed amount; or (b) relate to a matter referred to in subsection (2)(j). [(6A) deleted] (6) Regulations that prescribe an authority, body or person for the purposes of the definition of ***Employer*** in section 3 may specify as the day on which they come into operation a day that is earlier than the day on which they are published in accordance with the *Interpretation Act 1984* section 41(1)(a). (7) Regulations of the kind referred to in subsection (6) cannot be made if they will or may affect a person, except the Crown or an Employer, by — (a) prejudicing rights that existed before the regulation was published; or (b) imposing liabilities in respect of anything that occurred before the regulation was published. (8) Regulations prescribing an amount for the purposes of subsection (5)(a) may prescribe an amount or a method of determining an amount. [(9) deleted] [Section 38 amended: No. 55 of 2004 s. 1105; No. 18 of 2006 s. 14; No. 25 of 2007 s. 14; No. 35 of 2011 s. 26; No. 22 of 2014 s. 7; No. 50 of 2024 s. 18.] ##### 39. Repeals The *Government Employees Superannuation Act 1987* 1 and the *Superannuation and Family Benefits Act 1938* are repealed. ##### 40. *Administration Act 1903* s. 10 affected by this Act The provisions of this Act and the regulations made or applying under it that deal with the payment of benefits under a scheme prevail over section 10 of the *Administration Act 1903* to the extent of any inconsistency. [Section 40 inserted: No. 18 of 2006 s. 15; amended: No. 25 of 2007 s. 15; No. 35 of 2011 s. 27.] ## Part 7 — Savings and transitional provisions [Heading inserted: No. 50 of 2024 s. 19.] ##### 41. Default fund for employee (1) If, immediately before the day on which the *State Superannuation Amendment Act 2024* section 15(1) comes into operation, superannuation contributions were being made by an Employer in relation to an employee to a superannuation fund or scheme in accordance with the approval of the Treasurer under section 30(2) — (a) the employee continues to be an exempt employee, for the purposes of Part 2A, in relation to that Employer; and (b) the fund or scheme to which the contributions were being made continues to be the default fund in relation to that exempt employee for the purposes of Part 2A. (2) Subsection (1) ceases to apply if the Treasurer revokes approval of the fund as the default fund for the employee. [Section 41 inserted: No. 50 of 2024 s. 19.] ##### 42. Maximum period of service for directors (1) A term of office of a chairperson of the Board or an Employer director that commenced before the day on which the *State Superannuation Amendment Act 2024* section 21(2) comes into operation does not count towards the maximum period of service of the chairperson or Employer director. (2) A term of office of an elected director that commenced before the day on which the *State Superannuation Amendment Act 2024* section 22 comes into operation does not count towards the maximum period of service of the elected director. [Section 42 inserted: No. 50 of 2024 s. 19.] ##### 43. Changes to regulation‑making power The amendment of section 38 by the *State Superannuation Amendment Act 2024* section 18 does not affect the validity of any regulation in effect immediately before section 18 comes into operation. [Section 43 inserted: No. 50 of 2024 s. 19.] [**44-79.** Deleted: No. 35 of 2011 s. 28.] Schedule 1 — Government Employees Superannuation Board [s. 8(2)] 1A. Terms used In this Schedule — Employer director means a director appointed under section 8(1)(b); Member director means a director elected under section 8(1)(c). [Clause 1A inserted: No. 50 of 2024 s. 20.] 1. Nomination of chairperson (1) Before making a nomination under section 8(1)(a) the Treasurer is to consult with unions or associations of unions that appear to the Treasurer to be broadly representative of persons who work for Employers. (2) The Treasurer must not nominate as chairperson a person who is an officer or employee of the Board. [Clause 1 amended: No. 35 of 2011 s. 31; No. 50 of 2024 s. 27.] 2. Appointment of deputy chairperson (1) The Governor may from time to time appoint a director, nominated by the Treasurer, to be deputy chairperson. (2) The Treasurer must not nominate as deputy chairperson a person who is an officer or employee of the Board. (3) In the absence of the chairperson, the deputy chairperson — (a) is to act in the place of the chairperson; and (b) while so acting, has all the functions of, and is taken to be, the chairperson. (4) No act or omission of a deputy chairperson is to be questioned on the ground that the occasion for the acting had not arisen or had ceased. [Clause 2 amended: No. 35 of 2011 s. 31; No. 50 of 2024 s. 27.] 3. Election of member directors Elections for the purposes of section 8(1)(c) are to be held — (a) during the 6 months preceding the expiry of the term of office of the current directors elected under section 8(1)(c); or (b) in the case of an election to fill a casual vacancy, not later than 60 days after the vacancy occurs. 4. Term of office: chairperson and Employer directors (1) The term for which a person is appointed to be the chairperson or is appointed as an Employer director is to be fixed in the instrument of appointment and is not to be longer than 5 years. (2) A person appointed as chairperson or an Employer director is eligible (if otherwise qualified) for re‑appointment. (3) The maximum period for which a person is eligible to serve as chairperson or an Employer director is 10 years. (4) However, the Treasurer may appoint a person as chairperson or an Employer director for 1 term of office that exceeds the maximum period. [Clause 4 amended: No. 50 of 2024 s. 21.] 4A. Term of office: Member directors (1) The term of office for which a Member director is elected is 3 years. (2) A person elected as a Member director is eligible (if otherwise qualified) for re‑election. (3) The maximum period for which a person is eligible to serve as a Member director is 3 terms. (4) However, a person is eligible to serve a 4th term as a Member director if the Treasurer permits the person to serve a 4th term under subsection (5). (5) The Treasurer may, by instrument in writing made at the request of the Board, permit a specified person to serve a 4th term of office as a Member director. (6) The Treasurer must consult with unions or associations of unions that appear to the Treasurer to be broadly representative of persons who work for Employers before permitting a person to serve a 4th term as a Member director. [Clause 4A inserted: No. 50 of 2024 s. 22.] 5. Directors are part‑time All directors hold their offices on a part‑time basis. 6. Casual vacancies (1) A casual vacancy in the office of a director occurs if the director — (a) dies; or (b) resigns by notice to the Treasurer; or (c) is an insolvent under administration as defined in the Corporations Act; or (d) is removed from office by the Treasurer under subclause (2). (2) The Treasurer may remove a director from office if the Treasurer is satisfied that the director — (a) has neglected his or her duty; or (b) has misbehaved; or (c) is incompetent; or (d) has contravened clause 10 or 11 of Schedule 2; or (e) is suffering from mental or physical incapacity impairing the performance of his or her functions under this Act; or (f) is absent from 4 consecutive meetings of the Board of which he or she has been given reasonable notice, unless he or she is absent on leave granted by the Board; or (g) has been convicted of an offence involving dishonest conduct. (3) If a casual vacancy occurs in the office of a Member director, the Treasurer may appoint a person to fill the vacancy until a new director is elected. (4) Before appointing a person under subclause (3) the Treasurer is to consult with unions or associations of unions that appear to the Treasurer to be broadly representative of persons who work for Employers. (5) The term of office for which a Member director is appointed under subclause (3) to fill a casual vacancy does not count towards the maximum period for which the person is eligible to serve as a Member director. [Clause 6 amended: No. 10 of 2001 s. 220; No. 25 of 2007 s. 6(6), 17 and 19(2); No. 35 of 2011 s. 29 and 31; No. 50 of 2024 s. 23.] 6A. Acting directors (1) The Treasurer may appoint a person to act in the office of an Employer director or Member director during any period, in the director’s term of office, in which the director is absent because of illness or on leave granted by the Board. (2) Before appointing a person to act in the office of a Member director, the Treasurer must consult with unions or associations of unions that appear to the Treasurer to be broadly representative of persons who work for Employers. (3) A person who is appointed to act in the office of an Employer director or Member director has all the functions of the director and is taken to be a director. (4) An act or omission of a person appointed to act in the office of a director cannot be questioned on the grounds that the occasion for the appointment had not arisen or had ceased. (5) A period in which a person acts in the office of an Employer director or Member director does not count towards the maximum period for which the person is eligible to serve as an Employer director or Member director. [Clause 6A inserted: No. 50 of 2024 s. 24.] 7. Remuneration and allowances A director is entitled to the remuneration and allowances(if any) determined by the Treasurer on the recommendation of the Public Sector Commissioner. [Clause 7 amended: No. 39 of 2010 s. 89; No. 35 of 2011 s. 38; No. 50 of 2024 s. 25.] Schedule 2 — Meetings and procedures [s. 10(1)] 1. Board to determine own procedure The Board may determine its own procedure for calling and conducting Board meetings except to the extent that it is prescribed under this Act. [Clause 1 amended: No. No. 25 of 2007 s. 6(7); No. 35 of 2011 s. 30.] 2. Quorum The quorum at a Board meeting is 5 directors. 3. Presiding director A Board meeting is to be presided over by — (a) the chairperson; or (b) in the absence of the chairperson, the deputy chairperson (if one has been appointed); or (c) in the absence of the chairperson and deputy chairperson, a director chosen by the directors present at the meeting. [Clause 3 amended: No. 25 of 2007 s. 19(2); No. 50 of 2024 s. 27.] 4. Voting At a Board meeting — (a) each director has one vote; and (b) the person presiding does not have a casting vote; and (c) a resolution is passed if 5 or more directors vote in favour of it. [Clause 4 amended: No. 25 of 2007 s. 19(1).] 5. Minutes The Board is to cause accurate minutes to be kept and preserved of the proceedings at each Board meeting and of each resolution passed by the Board. 6. Resolution without meeting A written resolution signed by each director who would have been entitled to vote on the resolution at a meeting is as effectual as if it had been passed at a Board meeting. 7. Telephone or video attendance at meetings A director may attend a Board meeting by telephone, audio‑visual link‑up or any other form of instantaneous communication if all directors attending the meeting are simultaneously in contact with each other. 8. Committees (1) The Board may appoint committees to assist it in the performance of its functions, and may discharge or alter any committee so appointed. (2) The Board may appoint a person to a committee whether or not the person is a director. (3) The Board may act on the advice of a committee. (4) Subject to any directions given by the Board, a committee may determine its own procedure. 9. Material interest (1) For the purposes of this Schedule a person has a material interest in a matter if the person — (a) subject to subclauses (2) and (3) has a direct or indirect pecuniary interest in the matter; or (b) has given advice for remuneration in relation to the matter to the Board; or (c) subject to subclauses (2) and (3) has a non‑pecuniary interest in the matter. (2) An interest in a matter is not a material interest if it arises by reason only that the person is — (a) a Member; or (b) a person who works for an Employer or a non‑government contributor; or (c) an Employer or a non‑government contributor or a member of the board or other body responsible for the control or direction of an Employer or a non‑government contributor; or (d) an employee of a union or association of unions; or (e) a member of a corporation listed on a prescribed financial market (within the meaning given by section 9 of the Corporations Act) in Australia, unless that interest is material in relation to that corporation. (3) The interest of a person in an existing or proposed contract of insurance is not a material interest if it arises by reason only that the contract insures, or is proposed to insure, the person against a liability incurred by the person in his or her capacity as a director or committee member. (4) Subclause (3) does not apply if the Board is the insurer. [Clause 9 amended: No. 21 of 2003 s. 34; No. 25 of 2007 s. 18 and 19(2); No. 50 of 2024 s. 26.] 10. Material interests to be disclosed etc. (1) A director or committee member who has a material interest in a matter involving the Board or the Fund must, as soon as possible after the relevant facts have come to the person’s knowledge, disclose the nature of the interest at a meeting of the Board or committee. (2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting. (3) A disclosure under subclause (1) by a person that he or she — (a) is a member or employee of a particular company or body; or (b) is a partner or employee of a particular person; or (c) has some other specified interest relating to a particular company, body or person, is a sufficient disclosure of the person’s interest in relation to any matter or thing involving that company, body or person which arises after the disclosure is made. (4) A contravention of this clause by a person does not invalidate a decision of the Board or committee. [Clause 10 amended: No. 25 of 2007 s. 19(2).] 11. Director etc. with material interest not to vote etc. (1) A director or committee member who has a material interest in a matter being considered by the Board or committee — (a) must not be present while the matter is being considered at a meeting of the Board or committee; and (b) must not vote on the matter, whether at a meeting or otherwise. (2) If as a result of one or more directors being disqualified under subclause (1) the Board is unable to form a quorum in relation to a matter, the Treasurer may deal with the matter. [Clause 11 amended: No. 35 of 2011 s. 31.] 12. Clause 11 may be disapplied (1) Clause 11 does not apply if the Board has at any time passed a resolution that — (a) specifies the director or committee member, the interest and the matter; and (b) states that the directors voting for the resolution are satisfied that the interest should not disqualify the director or committee member from considering or voting on the matter. (2) A director who has a material interest in a matter — (a) must not be present at a meeting of the Board while a proposed resolution under subclause (1) in relation to that matter is being considered; and (b) must not vote, whether at a meeting or otherwise, on a proposed resolution under subclause (1) in relation to the matter, whether in relation to that or a different director. (3) The Treasurer may by notice to the Board declare that clause 11 does not apply in relation to a specified matter either generally or in voting on particular resolutions. (4) The text of any declaration received by the Board is to be included in the annual report submitted by the accountable authority of the Board under Part 5 of the *Financial Management Act 2006*. [Clause 12 amended: No. 77 of 2006 Sch. 1 cl. 160(3); No. 35 of 2011 s. 31.] Schedule 3 — Provisions to be included in constitution of subsidiary [s. 7B] [Heading inserted: No. 18 of 2006 s. 16.] 1. Term used: prior approval In this Schedule — prior approval means the prior written approval of the Treasurer. [Clause 1 inserted: No. 18 of 2006 s. 16; amended: No. 35 of 2011 s. 39.] 2. Disposal of shares (1) The Board must not sell or otherwise dispose of shares in the subsidiary without prior approval. (2) The Treasurer is empowered to execute a transfer of any shares in the subsidiary held by the Board. [Clause 2 inserted: No. 18 of 2006 s. 16; amended: No. 35 of 2011 s. 31.] 3. Directors (1) The directors of the subsidiary are to be appointed by the Board, but no such director may be appointed without prior approval. (2) All decisions relating to the operation of the subsidiary are to be made by or under the authority of the board of the subsidiary in accordance with the statement of corporate intent of the Board and the subsidiary. (3) The board of the subsidiary is accountable to the Treasurer in the manner set out in section 36 and in the constitution of the subsidiary. [Clause 3 inserted: No. 18 of 2006 s. 16; amended: No. 35 of 2011 s. 31.] 4. Further shares Shares in the subsidiary must not be issued or transferred without prior approval. [Clause 4 inserted: No. 18 of 2006 s. 16.] 5. Alteration of constitution The constitution of the subsidiary must not be modified or replaced without prior approval. [Clause 5 inserted: No. 18 of 2006 s. 16.] 6. Subsidiaries of subsidiary (1) The subsidiary must not form or acquire any subsidiary without prior approval. (2) The subsidiary must ensure that the constitution of each of its subsidiaries at all times complies with this Act. (3) The subsidiary must, to the maximum extent practicable, ensure that each of its subsidiaries complies with its constitution and with the requirements of this Act. [Clause 6 inserted: No. 18 of 2006 s. 16.] ![dline]() Notes This is a compilation of the *State Superannuation Act 2000* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *State Superannuation Act 2000* | 42 of 2000 | 2 Nov 2000 | s. 1 and 2: 2 Nov 2000; Act other than s. 1 and 2: 17 Feb 2001 (see s. 2 and *Gazette* 16 Feb 2001 p. 903) | | *Corporations (Consequential Amendments) Act 2001* s. 220 | 10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and *Gazette* 29 Jun 2001 p. 3257 and Cwlth *Gazette* 13 Jul 2001 No. S285) | | *Acts Amendment (Lesbian and Gay Law Reform) Act 2002* Pt. 19 | 3 of 2002 | 17 Apr 2002 | 21 Sep 2002 (see s. 2 and *Gazette* 20 Sep 2002 p. 4693) | | *Corporations (Consequential Amendments) Act (No. 3) 2003* Pt. 15 2 | 21 of 2003 | 23 Apr 2003 | 11 Mar 2002 (see s. 2 and Cwlth *Gazette* 24 Oct 2001 No. GN42) | | *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 120 3 | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | | *Superannuation Legislation Amendment and Validation Act 2006* Pt. 3 4 | 18 of 2006 | 31 May 2006 | 31 May 2006 (see s. 2) | | *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 17 Div. 9 | 28 of 2006 | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) | | **Reprint 1: The *State Superannuation Act 2000* as at 18 Aug 2006** (includes amendments listed above) | | | | | *Financial Legislation Amendment and Repeal Act 2006* s. 4 and Sch. 1 cl. 160 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | *State Superannuation Amendment Act 2007* Pt. 1, 2 and 5 Div. 3 Subdiv. 1 5 | 25 of 2007 | 16 Oct 2007 | Pt. 1: 16 Oct 2007 (see s. 2(1)(a)); Pt. 2: 6 Dec 2007 (see s. 2(1)(b) and *Gazette* 5 Dec 2007 p. 5973); Pt. 5 Div. 3 Subdiv. 1: 6 Dec 2007 (see s. 2(1)(e) and *Gazette* 5 Dec 2007 p. 5973) | | *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | *State Superannuation Amendment Act 2011* | 35 of 2011 | 12 Sep 2011 | s. 1 and 2: 12 Sep 2011 (see s. 2(a)); Act other than s. 1 and 2: 30 Mar 2012 (see s. 2(b) and *Gazette* 16 Mar 2012 p. 1245) | | *Statutes (Repeals and Minor Amendments) Act 2011* s. 27 | 47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) | | **Reprint 2: The *State Superannuation Act 2000* as at 11 May 2012** (includes amendments listed above) | | | | | *Statutes (Repeals and Minor Amendments) Act 2014* s. 40 | 17 of 2014 | 2 Jul 2014 | 6 Sep 2014 (see s. 2(b) and *Gazette* 5 Sep 2014 p. 3213) | | *Unclaimed Money (Superannuation and RSA Providers) Amendment and Expiry Act 2014* Pt. 3 | 22 of 2014 | 29 Aug 2014 | 7 Jan 2015 (see s. 2(b) and *Gazette* 6 Jan 2015 p. 3) | | *State Superannuation Amendment Act 2024* (other than s. 5(2) and 6‑8) | 50 of 2024 | 6 Dec 2024 | s. 1 and 2: 6 Dec 2024 (see s. 2(a)); s. 3, 4, 5(1) and (3) and 9-27: 17 Apr 2025 (see s. 2(b) and SL 2025/55 cl. 2) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *State Superannuation Amendment Act 2024* s. 5(2) and 6-8 | 50 of 2024 | 6 Dec 2024 | To be proclaimed (see s. 2(b)) | Other notes 1 The *Superannuation and Family Benefits Act 1938* was repealed by s. 39 of this Act. Certain provisions of that Act continue to apply to and in relation to certain schemes because of the *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 26. 2 The *Corporations (Consequential Amendments) Act (No. 3) 2003* s. 2‑4 read as follows: 2. Commencement (1) If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation. (2) If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation. 3. Interpretation In this Part — Financial Services Reform Act means the *Financial Services Reform Act 2001* of the Commonwealth; FSR commencement time means the time when Schedule 1 to the Financial Services Reform Act comes into operation; statutory rule means a regulation, rule or by‑law. 4. Validation (1) This section applies if this Act comes into operation under section 2(2). (2) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time. (3) Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful. (4) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent — (a) that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and (b) that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time, is taken not to be valid, and to never have been valid. 3 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act. 4 The *Superannuation Legislation Amendment and Validation Act 2006* s. 17 and 18 read as follows: 17. Validation of certain payments (1) In this section — Superannuation Act means the *State Superannuation Act 2000*, the *Government Employees Superannuation Act 1987* or the *Superannuation and Family Benefits Act 1938*. (2) A payment or purported payment of a benefit under the *State Superannuation Act 2000*, the *Government Employees Superannuation Act 1987* or the *Superannuation and Family Benefits Act 1938* that was — (a) made before this section came into operation; and (b) invalid or ineffective because of the *Administration Act 1903* section 10, is, and is to be taken always to have been, as valid and effective as it would have been if the *State Superannuation Act 2000* section 40, as inserted by section 15 of this Act, had been in operation in respect of each Superannuation Act at the time of the payment. (3) If — (a) a benefit under the *State Superannuation Act 2000*, the *Government Employees Superannuation Act 1987* or the *Superannuation and Family Benefits Act 1938* was paid to an executor or administrator of the estate of a deceased person before this section came into operation; and (b) the executor or administrator paid, or purportedly paid, some or all of the benefit to another person before this section came into operation; and (c) the payment was invalid or ineffective because of the *Administration Act 1903* section 10, the executor or administrator is, and is to be taken always to have been, as liable for the payment referred to in paragraph (b) as the executor or administrator would have been if the *State Superannuation Act 2000* section 40, as inserted by section 15 of this Act, had been in operation in respect of each Superannuation Act at the time of the payment referred to in paragraph (a). 18. Validation of contributions made for visiting medical practitioners (1) In this section — Board means the Government Employees Superannuation Board referred to in the *State Superannuation Act 2000* section 5; visiting medical practitioner means a medical practitioner engaged, other than as an employee, to provide services in a hospital. (2) This section applies in relation to superannuation contributions made, or purportedly made, under the *Government Employees Superannuation Act 1987* or the *State Superannuation Act 2000* in respect of a visiting medical practitioner between 1 July 1992 and 30 June 2001. (3) A thing done, or purportedly done, by the Board in consequence of a superannuation contribution having been made, or purportedly made, in respect of a visiting medical practitioner is, and is to be taken always to have been, as valid and effective as if the contribution had been made in respect of a person who was a member of the relevant scheme. 5 The *State Superannuation Amendment Act 2007* Pt. 5 Div. 1 and 2 were repealed by the *State Superannuation Amendment Act 2007* s. 2(8)(a) and Pt. 3, 4, 5 Div. 3 Subdiv. 2 and Pt. 6 Div. 2 were repealed by the *State Superannuation Amendment Act 2011* s. 4 before they purported to come into operation. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** actuary 3(1) beneficiary 36(4) benefit 3(1) benefits 28(3) Board 3(1) Board officer 11(3) borrow money 24(3) chosen fund 4A(1) Corporations Act 3(1) default fund 4A(1) Department 33(4B) document 36(4) employee 4A(1), 37(1) Employer 3(1) Employer director Sch. 1 cl. 1A exempt employee 4A(1) Fund 3(1) fund 4A(1) GES Act 3(1) individual superannuation guarantee shortfall 4A(1) information 36(4) Member 3(1) Member director Sch. 1 cl. 1A multiplying factor 38(5B) non-government contributor 3(1), 37(1) parliamentary purposes 36(4) pension value factor 38(5B) prior approval Sch. 3 cl. 1 relevant benefit 38(5B) scheme 3(1) SGA Act 3(1) spouse 28(3) subsidiary 3(1) superannuation guarantee charge 4A(1) Treasurer’s guidelines 3(1) © State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer