State Superannuation (Transitional and Consequential Provisions) Act 2000

The Act rests on a handful of legal concepts that govern how the transition from old statutory regimes to the State Superannuation Act 2000 is handled.

Continuity as legal fiction

• Several provisions operate by treating existing instruments, appointments and actions "as if" they had been made under the new Act. Examples include policies and strategies (s 5), Board appointments and elections (s 6), staff appointments and contracts (s 9), delegations (s 10), approvals and appointments of investment managers (s 14), and current Treasurer approvals and guidelines (s 18). This device avoids the need for immediate re‑execution of appointments or instruments and preserves legal effect.

Carry‑over of proceedings and reviews

• Decisions, representations and proceedings that were started under the GES Act or the S&FB Act are transitioned in specific ways. A person aggrieved under the old Acts may apply for review under section 13(1) of the State Superannuation Act 2000, treated as if the decision had been made under that Act (s 11(1)). Representations already made are taken to be applications (s 11(2)). Proceedings in the Supreme Court begun under the S&FB Act but not determined at commencement are to be finalised under the S&FB Act as if it were still in operation (s 11(4)). Recovery proceedings in progress are treated similarly (s 15(2)).

Preservation of selected provisions of old Acts

• Section 26 is a substantively important preservation clause. It specifies that certain Parts of the GES Act and the S&FB Act continue to apply to specified schemes continued under s 29 of the State Superannuation Act 2000. Those provisions are to be treated as if they were regulations made under the new Act, but only to the extent they are not inconsistent with the new Act (s 26(1)-(2)). Regulations under the State Superannuation Act 2000 can subsequently amend or discontinue the continued application (s 26(3)).

Discretionary ministerial and gubernatorial powers

• The Minister has a power to restore lost rights, privileges or benefits if those were lost by operation of the commencement of the Act (s 4). The Governor has a broad regulation‑making power to make transitional regulations dealing with matters not sufficiently provided for in the Act (s 25(1)). The Governor’s regulations may come into operation on an earlier day than their Gazette publication, subject to protections for private persons (s 25(2)-(3)).

Statutory substitution across the statute book

• Part 3 effects multiple consequential amendments in other statutes to replace references to the old Acts with references to the State Superannuation Act 2000, to maintain coherence across legislation (for example, s 35 amendment to the Constitution Acts Amendment Act 1899; s 58 amendment to the Port Authorities Act 1999; s 65 amendment to the Statutory Corporations (Liability of Directors) Act 1996). Many of these amendments were to be proclaimed separately (s 2(2)).

Definitions and interpretative link

• The Act imports relevant definitions from the State Superannuation Act 2000: where terms defined there are used in this Act they have the same meaning (s 3(2)). The Act separately defines commencement day, continues and current for transitional purpose (s 3(1)).

Protection and liability

• The Act continues existing protections from liability provided under the GES Act, e.g. clause 4 of Schedule 3 to the GES Act, and treats them as if still in operation (s 7). Conversely, the Statutory Corporations (Liability of Directors) Act 1996 is amended to treat the Government Employees Superannuation Board under the State Superannuation Act 2000 as an entity for the purposes of director liability rules (s 65).

Temporal staging

• The Act stages commencement: Parts 1 and 2 and certain named sections come into operation on the day the State Superannuation Act 2000 commences; the remainder of Part 3 is to come into operation on days fixed by proclamation, and different days may be fixed for different provisions (s 2).

Primary statutory actors

• The Government Employees Superannuation Board, reconstituted or referred to under the State Superannuation Act 2000 (see s 6, s 8 references), is the principal body affected. Board members, including chairman, deputy chairman, Employer directors and Member directors appointed or elected under the GES Act, are continued in their roles (s 6). The Act also explicitly preserves Board procedures, disclosure of interests and the common seal (ss 8, 22-24).

Members and contributors of continued schemes

• Persons who were members, contributors, beneficiaries or otherwise had entitlements under the GES Act or the S&FB Act are directly affected. The Act safeguards entitlements and provides a ministerial power to restore rights lost by virtue of commencement (s 4). The carry‑over of approvals for other superannuation schemes (s 16) and the continuation of determinations as to interest rates and recoveries of money owing to the Fund (s 15) directly affect contributors, employers and members.

Employers and public authorities

• Employers listed under old legislation or otherwise classified as Employers for the purposes of the State Superannuation Act 2000 continue to be subject to existing approvals and directions, including Treasurer directions that continue as Minister directions (s 19). The Act amends numerous Acts to update definitions of public statutory authorities and employer lists to point to the new Act (e.g. s 52 amendments to Land Tax Assessment Act 1976; s 59 amendments to Public Sector Management Act 1994).

Treasurer and Ministerial offices

• The Treasurer’s prior approvals, guidelines and guarantees are continued as approvals and guarantees under the new Act (ss 14, 16-18). The Minister retains the power to restore rights (s 4) and to access information and give directions to the Board (ss 20-21).

Service providers, investment managers and contractors

• Approvals and appointments of investment managers made under the GES Act continue as approvals and appointments under the new Act (s 14). Current contracts for services and delegations continue under the new statute (s 9(3), s 10(1)), meaning external service providers proceed under the new legal umbrella without immediate re‑tender.

Courts and litigants

• Persons engaged in reviews, disputes or recovery proceedings under the S&FB Act or the GES Act have their processes transitioned in specified ways. Administrative review applicants are to be treated as if under new Act review provisions (s 11(1)-(3)), while Supreme Court proceedings under the S&FB Act that are not determined at commencement continue to be dealt with under that Act (s 11(4)). Recovery proceedings in progress continue under the old Acts if not completed (s 15(2)).

Legislative drafters, statutory users and regulators

• Drafters and agencies responsible for statutes amended in Part 3 must adjust references, definitions and schedules to reflect the new State Superannuation Act 2000. Until proclamations are made, some statutes continue to carry references to the old Acts (see uncommenced provisions table and many "To be proclaimed" annotations in Part 3).

Persons concerned about retrospective regulation

• The Governor may make transitional regulations that commence before Gazette publication, with restrictions that they must not prejudice pre‑existing rights of persons other than the Crown or an Employer, or impose liabilities for past acts (s 25(2)-(3)). Individuals and entities should therefore be aware that transitional regulations can, within limits, be made to operate retrospectively.

Who bears costs and liabilities

• The Crown remains involved: the Treasurer’s guarantee of the Board’s obligations under the GES Act continues as a guarantee under the new Act (s 17). Employers remain liable for contributions and other obligations where the Act continues recovery mechanisms and directions (s 15, s 19). Members and beneficiaries are positioned to continue receiving benefits, with the Minister permitted to restore lost entitlements (s 4).

Duties preserved and transferred

• Duties deriving from the GES Act and S&FB Act that are expressly continued by this Act remain in force, but are treated as duties under the new Act. Examples include the Board’s functions and duties regarding policy determination, investment review and administration; these continue as functions under the State Superannuation Act 2000 (s 5, s 13). Delegations made by the Board continue as delegations under the new Act (s 10).

Review and procedural rights

• Persons aggrieved by Board decisions under the old Acts may invoke review rights under the new Act. The statutory mechanism converts representations and referrals made under the old Acts into applications under section 13(1) of the State Superannuation Act 2000, preserving access to administrative review (s 11(1)-(3)). However, pending Supreme Court proceedings initiated under s 85 of the S&FB Act continue to be handled under the S&FB Act if not determined by commencement (s 11(4)). These provisions preserve procedural rights and avoid forum‑shift surprises.

Right to continue benefits and restorations

• Section 4 provides the Minister with a discrete but broad power to permit exercise of a right, grant a privilege, or pay a benefit where a person has ceased to be entitled to it as a result of commencement. This is a discretionary restoration mechanism. It does not create a statutory right enforceable against the Minister; rather it creates an executive power to remedy loss of entitlement caused by the transition (s 4).

Corporate and fiduciary duties of directors

• Board membership and the duties associated with being a director continue. The Statutory Corporations (Liability of Directors) Act 1996 is amended to list the Government Employees Superannuation Board under the State Superannuation Act 2000, thus making directors subject to the statutory liability regime in that Act (s 65). Existing protections from liability given under clause 4 of Schedule 3 to the GES Act are continued (s 7), preserving legal protection for actions done in the course of the old Board operations.

Financial duties and recovery

• Money owing to the Fund under the old Acts becomes money owing under the new Act on commencement (s 15(1)). Recovery powers and proceedings in progress continue to be recoverable, with determinations (for example as to interest rates) continued under equivalent provisions of the new Act (s 15(3)-(5)). Employers and contributors therefore continue to face financial duties and exposure for arrears.

Ministerial and Treasurerial powers

• Ministerial powers to access information and to direct the Board under the GES Act continue under the new Act (ss 20-21). Treasurerial approvals, guidelines and guarantees that existed continue as approvals and guarantees under corresponding sections of the new Act (ss 16-18). These continued powers maintain executive oversight and control mechanisms over the Board and employers.

Regulatory powers and instruments

• The Governor is empowered to make transitional regulations to fill gaps in the Act’s transitional coverage (s 25). Regulations can specify retrospective commencement days subject to protections for private persons (s 25(2)-(3)). This regulation‑making power imposes a duty on affected parties to monitor the Gazette and regulatory changes closely during the transition phase.

Limits and conditions

• Where old provisions continue to apply (s 26), they do so only to the extent consistent with the State Superannuation Act 2000 (s 26(2)(b)). Regulations may later amend or discontinue these continued provisions (s 26(3)), so duties and rights under the continued provisions may be time limited or subject to future change.

The Act itself is primarily transitional and consequential; it does not create a new catalogue of criminal offences or prescribe novel penalty regimes. Its enforcement and penalty architecture proceeds largely by reference to the enforcement mechanisms and procedural regimes of the State Superannuation Act 2000, the GES Act and the S&FB Act where those continue to apply.

Carry‑through of existing enforcement mechanisms

• Proceedings for recovery of money owing to the Fund that were commenced under the GES Act or the S&FB Act continue to be dealt with and determined as if those Acts were still in operation where they were not completed at commencement (s 15(2)). This preserves enforcement actions and remedies that had already been activated prior to commencement.

Continuity of interest determinations

• Determinations as to rates of interest made under the GES Act or the S&FB Act are continued as determinations under section 25(1) of the State Superannuation Act 2000 (s 15(5)). Financial enforcement measures that depend on interest and penalties therefore retain continuity and enforceability.

Director liability framework

• The Act amends the Statutory Corporations (Liability of Directors) Act 1996 to replace the listing for the Government Employees Superannuation Board so that directors of the Board are subject to that Act under the State Superannuation Act 2000 (s 65). That Act contains liability and enforcement mechanisms for directors; the consequence is that director liability rules continue to apply, albeit now referenced to the new statutory vehicle.

Administrative review and dispute resolution

• A person aggrieved by decisions under the old Acts may apply for review under the new Act as if the decision had been made under the State Superannuation Act 2000 (s 11(1)). This preserves administrative enforcement avenues, internal review rights and dispute resolution processes available to members and employers.

Ministerial directions and compliance

• Current directions from the Treasurer to Employers under the GES Act continue as Minister directions under the State Superannuation Act 2000 (s 19). The continued force of such directions preserves executive compliance levers which can be enforced under the new Act’s mechanisms.

Regulatory retrospective effect with protections

• The Governor’s power to make transitional regulations may, in some instances, bring regulations into operation earlier than Gazette publication (s 25(2)). Subsection (3) prohibits such retrospective operation where it would prejudice rights or impose liabilities for past acts on persons other than the Crown or an Employer. That protection constrains the enforcement reach of retrospectively commenced regulations, but creates some legal risk at the margin while regulations remain possible.

What the Act does not do in penalties

• The Act does not purport to create fresh criminal penalties or civil sanction regimes independent of the State Superannuation Act 2000 or the older Acts as continued. It mainly preserves enforcement arrangements that pre‑exist in the substantive superannuation legislation. For new enforcement policy, one must look to the principal Act and the consequential amendments to other statutes effected by Part 3.

Statutory substitution and cross‑reference updating

• Part 3 makes consequential amendments across a range of Western Australian statutes, replacing references to the GES Act and the S&FB Act with the State Superannuation Act 2000 (see, for example, ss 35, 42, 45, 49, 52, 58, 69, 70 and many others listed in Part 3). The mechanical objective is to ensure the cross‑statute integrity of references to superannuation law. Where an amended Act refers to "an Employer for the purposes of the State Superannuation Act 2000", it changes the identity of statutory actors in other regulatory contexts (for example, s 46 amending the Gold Corporation Act 1987).

Partial survival of older Acts within new regime

• Section 26 preserves specified provisions of the GES Act and the S&FB Act for schemes continued by the State Superannuation Act 2000. Those preserved provisions are to be treated as if they were regulations under the new Act (s 26(2)(a)). This creates a hybrid interaction: some older statutory provisions continue to operate in parallel with the new Act, but only insofar as they are not inconsistent with it (s 26(2)(b)). The principal effect is to conserve operational detail for legacy schemes that the new Act did not immediately replicate.

Administrative law and review

• The Act reconfigures where administrative review rights will be exercised by treating representations and referrals under the old Acts as applications under the review provision of the new Act (s 11(1)-(3)). However, where Supreme Court proceedings were started under the S&FB Act prior to commencement, those proceedings are to be determined under the S&FB Act as if it were still in operation (s 11(4)). The result is that jurisdictional lines for unresolved litigation and review are preserved in a bifurcated fashion, avoiding abrupt forum shifts.

Public sector employment law linkages

• Section 9 preserves current appointments made under the Public Sector Management Act 1994. The Act therefore interacts with public sector employment law: staff who had appointments or contracts under the GES Act continue their appointments as if under s 11 of the State Superannuation Act 2000 (s 9(1)-(3)). Affected agencies should reconcile employment law consequences, particularly with respect to contract terms and secondments.

Guarantees and financial law

• The Treasurer’s guarantee of the Board’s obligations under the GES Act continues as a guarantee under the new Act (s 17). This maintains the State’s financial exposure and interacts with public finance and audit frameworks, such as the Financial Administration and Audit Act 1985 (amended in Part 3, to be proclaimed).

Regulation‑making and retrospective regulation

• The Governor’s power to make transitional regulations (s 25) interfaces with general legislative principles concerning retrospective laws. Section 25(3) limits retrospective effect where it would prejudice pre‑existing rights or impose liabilities for previous acts on persons other than the Crown or an Employer. Drafting under this power must therefore be sensitive to constitutional and administrative law constraints.

Consequential adjustments across sectors

• Part 3 amends statutes governing a broad range of public authorities and regulatory areas (health services, ports, water, housing loans, universities, tribunals, etc.). Those amendments ensure that statutory obligations linked to superannuation (for example employer lists, contributing employer definitions, or references in judges’ pensions provisions) remain coherent. However, many of these amendments are "to be proclaimed" (see uncommenced provisions), creating a temporary mismatch between legislation and administrative practice until proclamations are made.

Interaction with the State Superannuation Act 2000 definitions

• Section 3(2) of this transitional Act makes clear that terms defined in the State Superannuation Act 2000 have the same meaning in this Act. That choice embeds interpretative consistency and reduces definitional friction across the transition.

The compilation table and notes appended to the Act specify subsequent amendments and commencement events affecting this transitional instrument. Key entries in the amendment history recorded in the compilation table are:

• State Superannuation (Transitional and Consequential Provisions) Act 2000 (No. 43 of 2000): assent 2 November 2000. Parts 1 and 2 and specified sections commenced on 17 February 2001, being the day the State Superannuation Act 2000 came into operation (s 2(1); compilation table).
• Public Transport Authority Act 2003 (No. 31 of 2003): amended sections 41 and 61 deleted by s 153 and s 158 respectively; commencement of those amendments effected from 1 July 2003 (compilation table).
• Statutes (Repeals and Minor Amendments) Act 2003 (No. 74 of 2003): sections 41 and 61 deleted by s 111, commenced 15 December 2003 (compilation table; notes 3).
• State Superannuation Amendment Act 2007 (No. 25 of 2007): s 26 was amended (note indicates s 78) and commenced 6 December 2007 (compilation table).
• Health Services Act 2016 (No. 11 of 2016): s 48 part amendment recorded (s 304), commenced 1 July 2016 (compilation table).
• Arts and Culture Trust Act 2021 (No. 15 of 2021): deletion noted in s 77, commenced 1 July 2022 (compilation table).
• Workers Compensation and Injury Management Act 2023 (No. 21 of 2023): relevant amendments commenced 1 July 2024 (compilation table).

Other specifics:

• Several Part 3 provisions were left "to be proclaimed" at the time of passing. The uncommenced provisions table lists multiple sections of Part 3 (for example, ss 27-32, 33(2), 34, 36(2), 37(2), 38, 39(2), 40, 43(2), 44, 46(2), 50, 51, 53, 54, 56, 59(a), 60(2), 63, 64, 66-68 & 71-75) as not yet proclaimed and therefore not in force (compilation table under "Uncommenced provisions table").

Deletions and later statutory housekeeping:

• Sections 41 and 61 were deleted by later statutes, noted in the Act’s notes (notes 3 and compilation table).
• Section 47 deleted by the Public Transport Authority Act 2003 (note 4).
• Section 55 deleted by the Public Transport Authority Act 2003 (note 5).
• Section 57 deleted by the Arts and Culture Trust Act 2021 (note 6).
• Section 74 deleted by later amendment (note within Part 3).

The amendment history demonstrates staged implementation across two decades and active maintenance of the transitional provisions in response to later legislative reforms. For current operational status, users must consult the Acts database and the compilation table referenced in the Act.

The statutory text and compilation notes provided do not identify or record any case law that construes or challenges the Act. The Act itself preserves mechanisms that could give rise to litigation , for example, continuation of Supreme Court proceedings initiated under s 85 of the S&FB Act (s 11(4)), and the conversion of review applications and representations under older Acts into applications under the State Superannuation Act 2000 review provision (s 11(1)-(3)).

What the Act establishes for litigation:

• It preserves current proceedings: where recovery proceedings or disputes under the old Acts were already in progress and not determined at commencement, those proceedings remain to be dealt with under the old Acts (s 15(2); s 11(4)). This choice reduces immediate litigation risk from abrupt statutory change by allowing cases to continue under the law in force at the time they were brought.
• It channels future administrative review claims into the new Act’s review mechanism by treating legacy representations as applications under the new Act (s 11(1)-(3)). This could produce litigation focusing on whether particular representations qualify, or on how transitional provisions interact with substantive new Act rights.
• Section 26’s method of treating specified GES Act and S&FB Act provisions as if they were regulations under the State Superannuation Act 2000 invites interpretative litigation about inconsistency between continued old provisions and the new Act (s 26(2)(b)). A possible litigation vector would be a dispute over whether a particular continued provision is inconsistent with the new Act and therefore inoperative.

Limitations in the source

• Because the provided text does not name cases, judicial interpretations, or appeals, an authoritative litigation history cannot be compiled from the Act alone. Researchers and practitioners seeking reported decisions that involve this Act should search WA courts’ databases, law reports and legal research services for cases post‑dating the commencement and any later consequential disputes.

Practical note for litigators

• The Act contains several points likely to be contested in litigation if facts require: the Minister’s discretionary restoration power (s 4) could be challenged on administrative law grounds if exercised arbitrarily; the scope and retrospective effect of regulations made under s 25 could give rise to procedural fairness or retrospective law challenges; and the interplay under s 26 between continued old provisions and the new Act could generate litigation about statutory inconsistency and the interpretative priority of the new Act.

Transitional regulations may be retrospective within limits

• Section 25(2) allows regulations to operate from a day earlier than Gazette publication. Although s 25(3) prohibits retrospective effect that prejudices pre‑existing rights of private persons or imposes liabilities for past acts, this power remains broad. Agencies and affected parties should monitor Gazette notices and draft regulations closely, because not all retroactive administrative changes are excluded.

"Continues as if" clauses create interpretative complexity

• The Act repeatedly provides that instruments, appointments and approvals "continue as if" they were made under the State Superannuation Act 2000 (for example, ss 5, 6, 8-10, 14, 16-18). That drafting expedites continuity but can raise questions about whether substantive terms of an appointment or instrument are read down to fit new statutory constraints. Practitioners should examine each continued instrument for any inconsistency with the new Act.

Partial preservation introduces inconsistency risk

• Section 26 preserves parts of the GES Act and the S&FB Act for particular continued schemes, "only to the extent that they are not inconsistent with" the State Superannuation Act 2000 (s 26(2)(b)). This creates an interpretative gap: disputes are likely over the boundary between "inconsistent" and "consistent", and which regime applies where old and new provisions diverge. That is a precise legal point rather than a policy one.

Ministerial restoration power is discretionary and unstructured

• Section 4 gives the Minister the power to permit exercise of a right, grant a privilege, or pay a benefit where a person has ceased to be entitled as a result of commencement. There is no statutory criteria set out for exercising this power in the transitional Act. The lack of prescribed tests creates potential uncertainty for claimants and administrative discretion that may be subject to judicial review in the absence of reasoned administrative processes.

Staging and uncommenced provisions cause legal patchwork

• Part 3 contains numerous amendments flagged "To be proclaimed"; the uncommenced provisions table lists many sections of Part 3 as awaiting proclamation. Until those proclamations occur, other statutory references may continue to point to the old Acts. This staged rollout can create compliance challenges for agencies and employers who must operate in a hybrid statutory environment.

Protection from liability continues but is old‑style

• Section 7 continues the protection from liability provided by clause 4 of Schedule 3 to the GES Act. While preserving protection for past acts, the provision may not address modern governance expectations or newer liabilities. Directors and officers should confirm how existing protections interact with liabilities under the Statutory Corporations (Liability of Directors) Act 1996, which has been amended to include the Board under the new Act (s 65).

Record‑keeping and reclassification obligations

• Appointments, contracts and approvals are preserved but reclassified as being under the new Act. Agencies and employers should document the transition carefully because terms may need to be reissued or clarified to avoid arguments about the legal basis of authority for actions taken close to the commencement date.

Ambiguities in who counts as an "Employer"

• Several consequential amendments amend lists or definitions of Employers in other Acts to refer to Employers "for the purposes of the State Superannuation Act 2000" (e.g. s 46). Organisations formerly listed under prior Acts should check whether they fall within the new definition and what that means for contribution obligations and eligibility criteria.

Dispute forum anomalies

• Section 11(4) keeps Supreme Court proceedings under the S&FB Act alive where they were commenced prior to commencement. This bifurcation between administrative review under the new Act and litigation continuing under the old Act can create procedural complexity and potential tactical litigation choices for parties.

Immediate practical checklist for Boards, employers, service providers and counsel

1. Inventory and map existing instruments and processes

   • Catalogue all existing Board appointments, election processes, policies, delegations, common seal custody directions, staff appointments, contracts for services and investment manager approvals that were made under the GES Act or the S&FB Act. The Act expressly continues many of those items as if made under the new Act (see ss 5-10, 14). Keep contemporaneous records tying each instrument to the relevant transitional clause.

2. Preserve and evidence continuity when acting

   • When the Board or an employer takes action under a continued instrument, record the legal basis as continuing under the State Superannuation Act 2000 pursuant to the relevant transitional section (for example, s 6 for directors, s 9 for staff). Where a document is to be relied upon in dispute, contemporaneous notation of reliance on the transitional provision reduces evidentiary friction.

3. Check pending elections and representations

   • If an election for Member directors was called but not concluded at commencement, the election must be conducted under the old provisions but the person elected continues as a Member director as if elected under the new Act (s 6(5)). Representations to the Board made under s 54(1) of the GES Act before commencement are to be treated as applications under section 13(1) of the new Act (s 11(2)). Ensure procedural steps taken are properly documented.

4. Reconcile staff appointments and contracts

   • Confirm that public sector appointments and contracts made under the old Acts have been transferred correctly (s 9). Ensure payroll, entitlements and contract terms are checked against public sector frameworks referenced in the State Superannuation Act 2000.

5. Confirm investment manager appointments and delegations

   • Investment manager approvals and appointments continue as under s 23(1) of the new Act (s 14). Service providers should review their contracts and delegations to confirm chain of authority and any need to re‑execute agreements to reflect the new statutory reference.

6. Preserve action on ongoing proceedings

   • For any litigated or administrative disputes started under the GES Act or the S&FB Act and not completed at commencement, review the applicable provision for continuance: Supreme Court proceedings under the S&FB Act continue under that Act (s 11(4)), and recovery proceedings may similarly proceed under the old Acts if in progress (s 15(2)). Litigation counsel should check which statutory regime governs the ongoing matter and update pleadings and submissions accordingly.

7. Monitor Gazette and proclamations

   • Part 3 contains many amendments staged for proclamation, and section 25 empowers the Governor to make transitional regulations that may be retrospective within limits. Regularly monitor the Western Australian Government Gazette and the Acts database for proclamations, regulations and commencement notices so that compliance and regulatory obligations are tracked in real time.

8. Update internal policies and references

   • Replace references in internal governance documents, contracts and policies that point to the GES Act or S&FB Act with references to the State Superannuation Act 2000 where the law has been updated by Part 3 or where the transitional Act indicates the new reference applies (s 26, Part 3 amendments). Flag areas where Part 3 is uncommenced and maintain notes of the legal basis for continued references.

9. Seek clarification on Ministerial discretion

   • Where persons lost rights as a result of commencement, an application under s 4 to the Minister may be appropriate. Consider preparing a submission that sets out the factual basis for relief and the specific outcome sought. Given the discretionary nature of s 4, consider administrative law principles and prepare for potential judicial review if relief is refused without adequate reasons.

10. Legal review of continued provisions for inconsistency

    • Identify any continued provision from the GES Act or S&FB Act preserved under s 26 that might conflict with the State Superannuation Act 2000. For provisions that are potentially inconsistent, obtain legal advice about whether the continued provision falls away, or whether regulatory amendment should be sought under s 26(3).

Longer term governance and compliance tasks

• Reissue or re‑seal key governance documents where necessary to avoid uncertainty about authority under the new Act (for example, re‑execute delegations to match the wording of s 12 of the new Act where practical).
• Ensure disclosures of interests are made under the new Schedule 2 clause preserved from Schedule 3 of the former Act (s 24), and that meeting procedures align with the new Schedule 2 requirements (s 23).
• Update training and compliance materials for directors and officers to reflect that director liability regimes remain in force and now explicitly reference the Board under the State Superannuation Act 2000 in the Statutory Corporations (Liability of Directors) Act 1996 (s 65).

Who to notify and when

• Notify affected members and employers of continuity arrangements, the status of ongoing proceedings, and any administrative steps they need to take. Employers should be told whether existing approvals for making contributions to other schemes continue (s 16).
• Notify contracted service providers and investment managers that their appointments and delegations continue and that they should confirm their contracts are consistent with the new statutory references (s 14).

When to litigate or seek administrative relief

• Consider litigation only where ambiguity over inconsistency, retrospective regulation or Ministerial exercise of s 4 materially affects rights and administrative resolution is exhausted or unavailable. Given the transitional preservation of many instruments and proceedings, urgent injunctions may seldom be necessary unless a regulation is made with retrospective effect that purports to prejudice pre‑existing rights contrary to s 25(3).

Conclusion of compliance advice

• The central compliance imperative is documentation and active monitoring. The Act preserves much existing legal architecture while creating a period during which regulations, proclamations and administrative action can change technical legal bases. Good governance requires mapping the inventory preserved by ss 5-26, tracking Part 3 proclamations, and preparing for possible regulatory or administrative modifications under ss 25 and 26.