This Act establishes and runs a State superannuation Fund for public employees, prescribing who contributes, how contributions and the State’s share are calculated, and what pension or lump‑sum options apply at retirement. It sets technical rules on contribution counting, retirement ages, commutation and survivor benefits.
The Board, the Treasurer and an appointed actuary have operational control (setting rates, approving departmental entry, investigating funding and crediting shortfalls). Special rules apply for Police, statutory office‑holders, part‑time workers and transfers from similar funds.
The Superannuation and Family Benefits Act 1938 (WA) established Western Australia's original public sector defined-benefit superannuation scheme for permanent State Government employees. Although the Act was formally repealed by the State Superannuation Act 2000 (s 39), its provisions continue to apply to members still in the legacy scheme by virtue of s 26 of the State Superannuation (Transitional and Consequential Provisions) Act 2000. The Governor may also amend those continuing provisions by regulation under that transitional section.
The Act's purpose, as stated in its long title, is to provide superannuation benefits for persons permanently employed by or under the Government of the State and to make provision for the families of those persons. The scheme is a unit-based defined-benefit scheme: employees contribute for a number of units of pension (scaled to salary), the State makes matching contributions, and on retirement the employee receives a pension in proportion to the units held.
The Fund created by the Act (Part III) now forms part of the Government Employees Superannuation Fund under the State Superannuation Act 2000 (s 24(2)) and is administered by the Government Employees Superannuation Board. An Indexation Account is maintained separately (s 24A) to fund pension indexation payments under s 46C and Schedule 6.
Main concepts
Current sections
Direct links to the current provisions in Superannuation and Family Benefits Act 1938.
21
Div 1
Contributions by employees
Division 1 — Contributions by employees
Continuation of contributions 18
Election to become a contributor 18
32A. Contributions where employee formerly contributed to similar fund in the service of the Commonwealth and certain States 20
Provisions in relation to contributors who are also contributors to certain statutory funds 21
Provisions relating to employees who are qualified for superannuation allowance under the Superannuation Act 1871 25
Commencement and cessation of contributions 28
36A. Contributions under salary sacrifice agreement 31
Div 2
Scale of units
Division 2 — Scale of units
Scale of units of pension 31
37A. Non‑contributory units of pension 43
Units in excess of 2 units optional 45
Employee reduced in salary 46
39A. Withdrawal from the Fund 47
Div 3
Scale of contributions by employees
Division 3 — Scale of contributions by employees
Contributions according to scale graduated by age at commencement 48
Election to contribute for full pension at 60 years of age 49
Tables of contributions in Schedules 51
Div 3A
Reserve units of pension
Division 3A — Reserve units of pension
42A. Reserve units of pension 52
Div 4
Contributions by the State
Division 4 — Contributions by the State
Payments by State where contributions by employee are at rate for age 54
43A. Special provisions for certain contributors 55
Payments by State where contributions by employee are not at rate for age 55
No payment by the State in respect of pension to widow of qualified contributor 57
Payments from Consolidated Fund 57
46A. Increase of pension 57
46AB. Increase in Fund share of pension 58
46B. Supplementary units of pension 60
46C. Alteration of rates of certain pensions 62
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Superannuation and Family Benefits Act 1938
This Act was repealed by the State Superannuation Act 2000 s. 39 but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26 and those provisions may be amended by regulations under subsection (3) of that section 1.
Western Australia
Superannuation and Family Benefits Act 1938
Contents
Short title 1
Commencement 1
Part I — Preliminary
Construction 2
Saving provisions 2
Interpretation 2
6AA. De facto spouses 8
6A. Admission to Fund of certain employees of Civil Service Association 9
6B. Eligibility of certain statutory office holders to contribute 10
Certain employees who become part‑time may continue as contributors or subscribers 11
Part III — The Superannuation Fund
Establishment of the Fund 14
24A. Establishment of Indexation Account 14
Investigation by actuary 15
Part IV — Contributions
Division 1 — Contributions by employees
Continuation of contributions 18
Election to become a contributor 18
32A. Contributions where employee formerly contributed to similar fund in the service of the Commonwealth and certain States 20
Provisions in relation to contributors who are also contributors to certain statutory funds 21
Provisions relating to employees who are qualified for superannuation allowance under the Superannuation Act 1871 25
Commencement and cessation of contributions 28
36A. Contributions under salary sacrifice agreement 31
Division 2 — Scale of units
Scale of units of pension 31
37A. Non‑contributory units of pension 43
Employee: Defined in s 6(1) as a person employed in a permanent capacity under the State in any department, required to give their whole time to their duties. It excludes the Chief Justice and judges of the Supreme Court, members of the Court of Arbitration, and persons contributing to any superannuation fund to which contributions are made by the Crown other than the Crown in right of WA. Part-time employees who are declared accepted part-time employees by the Board (s 7) retain their contributor status.
Department: Broadly defined in s 6(1) to include not only ministerial departments but also Western Power Corporation, the Water Corporation, State trading concerns, port authorities, VET colleges, and Crown instrumentalities. Hospital boards and other corporate Crown instrumentalities may be included by Ministerial recommendation with Treasurer approval.
Contributor: An employee who is or has been contributing under the Act (other than as a qualified contributor). Under s 31, employees who were contributors at the commencement of the Government Employees Superannuation Act 1987 continue to be contributors unless they elect to withdraw (s 39A) or join the Gold State Super Scheme.
Qualified contributor: An employee who elects to contribute the special contribution for a widow and children's pension under s 34(2) and (4).
Units of pension: The basic unit of benefit. Under s 58, each of the first two units provides $149.50 per annum, each of the next five units provides $78 per annum, and each additional unit over seven provides $91 per annum. Employees may hold more than one category of units including primary units, non-contributory units (s 37A), reserve units (Division 3A), and supplementary units (s 46B).
Scale A and Scale B: The maximum number of pension units an employee may hold is linked to salary level. Scale A applies to employees who commenced contributing before 1 January 1958 (denominated in pre-decimal currency). Scale B applies to employees commencing from that date or making new elections thereafter, with salary ranges expressed in Australian dollars (s 37).
Fund-transfer day: Not applicable in this Act; the key timing concept here is the employee's retirement date and the length of service.
Provident Account: A separate account within the Fund (Part VA) for subscribers (certain female employees under the legacy provisions of s 83B) and for employees who elect to contribute to the Provident Account under Division 3. This track provides lump-sum payments rather than a pension.
Who it affects
The Act affects a limited but still-important cohort:
Legacy scheme members: WA public servants who joined the public sector before the Government Employees Superannuation Act 1987 and chose to remain in the original scheme, as well as post-1987 joiners who were permitted to elect into the scheme from the Provident Account under s 32.
Spouses and children of members: The Act provides death and family benefits. De facto partners are treated as spouses (s 6AA). Where there are multiple spouses, the Board may apportion the benefit between them (s 6AA(6)).
Employers including non-standard departments: Entities approved as departments under the broad definition in s 6(1) -- including hospital boards, port authorities, VET colleges, and State trading concerns -- must ensure employee contributions are deducted and State contributions are made.
Police Force members: Special retirement provisions apply to police (s 60). A police officer who has completed 30 years of aggregate service and attains 55 may retire with the full actuarial equivalent; those who retire before 30 years of service are subject to a modified formula.
Civil Service Association employees: A separate provision (s 6A) allows employees of the Civil Service Association of WA who were contributing to the Association's existing scheme to transfer into the Act, with service under the Association treated as service with the State.
Key obligations
Section 31: Employees who were contributors at the commencement of the 1987 Act must continue to contribute while employed, unless they make an election under s 39A or join the Gold State Super Scheme.
Section 36: Contributions commence on the day of employment in a permanent capacity and cease on the day of retirement, death, discharge, resignation, or dismissal. Contributions are otherwise compulsory while the employee is in service.
Section 43: The State must make matching contributions where employee contributions are at the rate prescribed for the employee's age (at the specified multiple for the relevant number of units), funding the State's share of the eventual pension liability.
Section 44: Where employee contributions are not at the full age-rate (for example, where the employee elected a lower rate), the State makes a lower proportional contribution, with the difference to be made up from the actuarial reserve portion.
Section 47: If an employee is on leave without pay, contributions may be suspended, but the employee's pension entitlement is adjusted accordingly.
Section 49: If contributions fall into arrears, interest at the prescribed rate is charged on outstanding amounts.
Section 50: Contributions must be deducted from the employee's salary by the employing department and paid to the Board.
Section 83P: Where a superannuation guarantee top-up benefit (s 83N) is payable, the Board may make actuarial adjustments to the calculation of other benefits to avoid double-counting.
Powers and discretions
Board powers (general): The Board administers the Fund, determines questions of invalidity (s 84, on a medical officer's report), resolves disputes (s 85), and exercises discretionary remedial powers under s 85A.
Section 85A: The Board's broad discretionary power allows it to grant a right, privilege, or benefit to a person who has, without fault, lost entitlement, or to recognise an out-of-time application or election, if hardship would otherwise accrue and it is just and equitable to do so. This is a significant safety valve for members who miss deadlines.
Section 7: The Board may declare a contributor an accepted part-time employee, allowing them to retain contributor status when their hours are reduced for health or other special reasons. The Board may also revoke such a declaration.
Section 30: Actuarial investigations are conducted annually as at 30 June. The State Government Actuary or a Board-appointed actuary reports on the Fund's state and sufficiency. Where investment returns fall below 3.75% per annum, the State must make up the shortfall (s 30(5)). Surpluses are credited to offset State contributions (s 30(6)).
Section 53: The Governor may make regulations prescribing matters required or permitted by the Act or necessary for carrying it into effect.
Section 6(1) (department definition): The Treasurer has a gatekeeping power over whether a hospital board or other corporate Crown instrumentality is included as a department, and may require funding arrangements as a precondition.
Penalties and enforcement
The Act does not create criminal offences or civil penalty provisions in the conventional sense. Its enforcement mechanisms are administrative:
Section 85: Disputes are resolved by the Board, with a right of appeal to a Supreme Court judge sitting in Chambers whose decision is final and conclusive (s 85(2)).
Section 88: The Board has a general power to recover amounts owing under the Act.
Section 49: Interest is charged on contributions in arrears, discouraging default by employing departments.
Section 24(3): The income of the Fund is not subject to State taxation.
There is no regulatory oversight body with infringement powers under this Act; the Board is both regulator and trustee.
Process and timelines
Commencement of contribution: Automatic on the day of employment in a permanent capacity (s 36). Employees do not apply to join; membership is automatic for eligible employees.
Election to become a contributor: Under s 32, an employee who is a Provident Account contributor under Division 3 of Part VA may elect to convert to pension units. An election to become a contributor is in writing in a form approved by the Board (s 32(1a)), and the Board may require a medical examination (s 32(3)).
Scale elections: Under s 41, an employee may elect to contribute for full pension at age 60 (rather than the default 65) by electing the higher contribution rate applicable to their age at the time of election.
Salary sacrifice: Under s 36A, a contributor may arrange salary sacrifice contributions in accordance with a salary sacrifice agreement approved by the Board.
Retirement age: The maximum age for retirement is 65 years, or the earlier age fixed by law for a particular contributor (s 6(1)). Contributions cease on the day of retirement (s 36). A contributor of 60 may elect early retirement and receive an actuarially adjusted pension (s 60, first proviso). A contributor of 55 may elect earlier retirement with a further actuarial adjustment (s 60, second proviso).
Death benefits: On the death of a contributor, their widow (and any de facto partner treated as a spouse) and children become entitled to benefits under Division 2 of Part V. The commencing date for pension payments under s 59 is the date the entitlement arises, regardless of when a claim is made.
Dispute resolution: A dispute is first determined by the Board. An aggrieved person may appeal to a Supreme Court judge in Chambers (s 85(1)). The judge's decision is final (s 85(2)).
Actuarial investigations: Annual as at 30 June, with the actuary required to report to the Board and recommend any necessary changes in contribution rates or the State's share (s 30(4)).
Interactions with other law
State Superannuation Act 2000: The Fund now forms part of the Government Employees Superannuation Fund under this Act (s 24(2)). The Board administering the 1938 Act is the Government Employees Superannuation Board under the 2000 Act. Annual actuarial investigations under s 17 of the 2000 Act satisfy the requirement under s 30 of this Act (s 30(2a)).
State Superannuation (Transitional and Consequential Provisions) Act 2000: Section 26 of this transitional Act preserves the 1938 Act's provisions for legacy members after formal repeal. Amended provisions may be varied by regulation under s 26(3) of the transitional Act.
Government Employees Superannuation Act 1987: This Act amended the scheme significantly. Employees who were contributors at its commencement continue under the 1938 Act unless they elect into the newer scheme.
State Superannuation Regulations 2001: The employer's compulsory contribution concept in Part VB (s 83M) is defined by reference to Part 3 of these Regulations. Actuarial adjustments under s 83P are also governed by these Regulations (Schedule 2, Part 1).
Superannuation Act 1871: Preserved for employees who were employed at the commencement of the 1938 Act (s 5). Persons becoming employees after commencement of the 1938 Act cannot claim benefits under the 1871 Act.
Commonwealth legislation: Section 4 requires construction subject to Commonwealth laws that prevail over WA legislation. The superannuation guarantee top-up scheme in Part VB aligns the 1938 Act with the Commonwealth's Superannuation Guarantee (Administration) Act 1992, ensuring members are not worse off than under a modern accumulation scheme.
Hospitals and Health Services Act 1927: Hospital boards constituted under this Act are included in the definition of "department" (s 6(1)), making their employees eligible for the scheme.
Public Sector Management Act 1994: Executive officers within the meaning of this Act are deemed to be employed in a permanent capacity (s 6(1)(aa)), making them eligible contributors.
Vocational Education and Training Act 1996: Colleges within the meaning of this Act are included in the definition of "department" (s 6(1)).
Police Benefit Fund Ordinance 1866: The Police Benefit Fund referenced in s 6(1) is maintained under this ordinance.
Gotchas
Act is formally repealed but continues to apply: A reader checking whether the Act is in force may find it listed as repealed by the State Superannuation Act 2000. The continuing application arises from s 26 of the transitional Act and the opening note in the stored text. Legacy members remain subject to the Act as a live instrument.
Missing Part II: Sections 8 to 23 (Part II) have been deleted. The numbering gaps in the text are a consequence of historical deletions, not drafting error.
De facto partners as spouses: Section 6AA treats de facto relationships as marriages for purposes of spouse and family benefits. The commencement of the de facto relationship is deemed the date of marriage, and its cessation (other than by death) is deemed a divorce. Multiple-spouse situations can arise where a pension member has both a legal spouse and a de facto partner, and the Board has discretion to apportion.
Unit-based pension means partial years matter: The pension quantum depends on the number of units contributed, which in turn depends on the salary at the time units are elected and whether any reserve or supplementary units have been added. Employees who fail to elect additional units when salary increases may be locked into a lower pension than their final salary would suggest.
Part-time work may require Board declaration: An employee whose hours are reduced ceases to be a full-time employee and technically ceases to be an "employee" for the purposes of the Act. Without a Board declaration under s 7, they would also cease to be a contributor. This requires proactive application.
Provident Account track for female subscribers: The Division 2 provisions for female subscribers (s 83B) reflect a historical distinction that was significantly modified after 1 July 1973. Female employees who were subscribers as at the commencement of the 1987 Act continue to contribute under these legacy terms unless they make an application under s 83B(5) to withdraw.
Appeals are final: Under s 85(2), a Supreme Court judge's decision on a dispute appeal is expressly stated to be final and conclusive and without further appeal. This creates a hard ceiling on litigation.
Practical examples
Example 1: Retirement at 65: A WA public servant who has been a contributor since 1985 has been contributing for 20 units of pension throughout their career. On retirement at age 65, they receive a pension comprising: first 2 units at $149.50 = $299 per annum; next 5 units at $78 = $390 per annum; remaining 13 units at $91 = $1,183 per annum. Total: approximately $1,872 per annum per unit of the relevant base amounts. These amounts are indexed under s 46A and s 46C using the Indexation Account.
Example 2: Early retirement at 60: A contributor aged 60 with 30 years of service elects to retire under the first proviso to s 60(1). Their pension is calculated by adding the actuarial equivalent of contributions made or to be made to the State's share as if they had continued to age 65. The actuarial adjustment accounts for the longer period of payment, generally resulting in a lower pension than would be received at 65.
Example 3: Death in service with family: A contributor dies with a surviving spouse and two dependent children under 16. The widow and children become entitled to pension benefits under Division 2 of Part V. If the contributor also had a de facto partner, both the legal spouse and the de facto partner may claim benefits as spouses under s 6AA. The Board may apportion the benefit between them.
Example 4: Missed election to increase units: An employee's salary increases from $80,000 to $120,000, moving them into a higher Scale B bracket entitling them to more units. If they fail to make an election to contribute for additional units, they remain on the number of units they already hold. They may not retrospectively claim entitlement to units they failed to elect. The Board has discretion under s 85A to correct this if the failure was without fault and hardship would otherwise result.
Example 5: Superannuation guarantee top-up: A contributor under the 1938 Act retires and would receive a pension whose present value is less than the entitlement they would have received under the 1993 scheme (the State Superannuation Act 2000 scheme) had they been a member. Under s 83N, the Board calculates the guaranteed benefit as if the person had been a member of the 1993 scheme since 1 July 1992 with only employer compulsory contributions credited, and pays a top-up benefit (s 83N(1)(c)) for the shortfall.
Division Div 5General provisions as to contributions
Contributions according to scale graduated by age at commencement 48
Election to contribute for full pension at 60 years of age 49
Tables of contributions in Schedules 51
Division 3A — Reserve units of pension
42A. Reserve units of pension 52
Division 4 — Contributions by the State
Payments by State where contributions by employee are at rate for age 54
43A. Special provisions for certain contributors 55
Payments by State where contributions by employee are not at rate for age 55
No payment by the State in respect of pension to widow of qualified contributor 57
Payments from Consolidated Fund 57
46A. Increase of pension 57
46AB. Increase in Fund share of pension 58
46B. Supplementary units of pension 60
46C. Alteration of rates of certain pensions 62
Division 5 — General provisions as to contributions
Employees on leave of absence 64
Lump sum payments in redemption of future contributions 64
Interest payable on contributions in arrears 65
Manner of payment — deduction from salary 65
Continuance of contributions by qualified contributor 65
Part V — Pensions and benefits
Division 1 — Retirement on pension
Age of compulsory retirement 67
Breakdown retirement 67
Retrenchment and discharge 67
Dismissal 68
Resignation 68
Division 2 — Grant of pensions and benefits
Pension units 69
Commencing dates for payment of pension 69
Amount of pension on retirement 70
60AA. Certain contributors may elect to determine pension rights prior to retirement 77
60AB. Contributor remaining in service: deemed retirement on election to take pension 80
60A. Contributor remaining in service after 65 years of age 81
60B. Election by contributors remaining in service after 65 years of age 82
60C. Payment of portion of pension in certain cases 83
60D. Commutation of Fund share of pension 84
60E. Increase in pension for contributors receiving special allowances 87
60F. Pensioner liable to pay contributions tax may commute part of State share of pension 89
Retirement through invalidity 90
Widow’s and children’s benefits, etc. 93
62A. Widow’s pension enhanced initially 94
Pension to orphan on death of contributor or pensioner 94
64A. Discretionary powers in respect of increases 95
Payment of contributions of deceased contributor to personal representatives in certain cases 96
Retrenchment of contributor 96
66A. Preserved pensions for retrenched persons 97
Resignation, dismissal or discharge of contributor 99
Refunds 100
Desertion by male pensioner of wife or child 101
Imprisonment of pensioners 101
Insanity of pensioners 102
Payments to children 103
Pensions payable for life except in the case of children 103
Provision in case of qualified contributor ceasing to contribute 103
Payment of pension instalments 104
Payment to person other than the pensioner 104
Division 3 — Break‑down pensioners
Break‑down pensioner to be deemed to be on leave 105
Pensioner restored to health may be recalled to the service 106
80AA. Reduced pension for pensioner under another scheme 107
80A. Increases effected by Acts Amendment (Superannuation and Pensions) Act 1951 107
80B. Increases effected by Acts Amendment (Superannuation and Pensions) Act 1957 108
80C. Increases effected by Acts Amendment (Superannuation and Pensions) Act 1960 108
Division 4 — Existing assurance policies
Assurance policies may be continued or discontinued at option of contributor 108
Transfer of policies to Board 108
Division 5 — Provisions relating to the Western Australian Government Railways and Tramways Employees’ Death Benefit and Endowment Fund
An employee contributing to Railway Death Benefit and Endowment Fund may transfer rights to Board 109
Part VA — The Provident Account
Division 1 — General
83A. The Provident Account 111
83AA. Payments by State into Provident Account 111
Division 2 — Subscribers
83B. Female subscribers to Provident Account 112
Division 3 — Contributors
83C. Contributors to the Provident Account 113
83D. Contributions to the Provident Account 114
83E. Payments on retirement 115
83F. Payments on death of contributor with dependants 115
83G. Payment on death of contributor without dependants 116
83H. Payment on resignation, etc. 116
83I. Retrenchment and discharge 117
83J. Payment to another person 117
83K. Payments by State 117
83L. Contributor under this Division not entitled to other benefits 118
Part VB — Superannuation guarantee scheme
83M. Interpretation 119
83N. Guaranteed benefits 119
83O. Effect on other benefits under this Act 121
83P. Actuarial adjustments 121
Part VI — Miscellaneous
Questions as to invalidity, etc., determined by Board on medical officer’s report 122
Settlement of disputes 122
85A. Discretionary powers of Board 123
Returns 123
Assignment of pensions 124
Power to recover 124
Regulations 124
Transitional provisions relating to former Superannuation Board 126
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
Seventh Schedule
Terms used 143
Transfer of assets, liabilities and records 143
Agreements, instruments and proceedings 143
Final reports on the operations of the Superannuation Board 144
Consents to investments 144
Staff 144
References to the Superannuation Board in laws 145
Notes
Compilation table 146
Other notes 151
Defined terms
Western Australia
Superannuation and Family Benefits Act 1938
An Act to provide Superannuation Benefits for persons permanently employed by or under the Government of the State and to make provision for the families of those persons and for incidental and other purposes.
[Long title amended: No. 13 of 1968 s. 2.]
1. Short title
This Act may be cited as the Superannuation and Family Benefits Act 1938 1.
2. Commencement
(1) This Act shall, except where otherwise provided, commence on a date to be fixed by proclamation.
(2) The date so fixed is, in this Act, referred to as “the commencement of this Act”.
[3. Deleted: No. 57 of 1986 s. 4.]
Part I — Preliminary
4. Construction
This Act shall be construed subject to the Commonwealth of Australia Constitution Act, to the National Health and Pensions Insurance Act 1938, of the Commonwealth and to any Acts of the Parliament of the Commonwealth with which this Act is or shall be or may be deemed to be inconsistent, and so as not to exceed the legislative power of the Parliament of the State, to the intent that any portion of this Act which may be held to be in excess of that power or which may be held to be inconsistent with any Acts aforesaid shall, to the extent to which it is so in excess or so inconsistent, be deemed to be severable from the other portions of this Act and not to affect the validity or operations thereof.
5. Saving provisions
This Act shall not (except insofar as it expressly or impliedly indicates a contrary intention) affect the provisions of the Superannuation Act 1871 (35 Victoriae No. 7) 2 in relation to employees employed at the commencement of this Act but no person who becomes an employee after the commencement of this Act shall be eligible for any benefit, under the said Act notwithstanding anything to the contrary contained in the said Act.
6. Interpretation
(1) In this Act, subject to the context —
Actuary means a Fellow or Associate of the Institute of Actuaries (London) or a Fellow or Associate of the Faculty of Actuaries (Edinburgh), or any other person of whose actuarial knowledge and experience the Governor approves;
actuarial reserve portion of contributions means the balance deemed to remain in the Fund to meet future risks after the estimated value of the risks carried by the Fund during the period of contributions has been assessed on an actuarial basis;
children includes children adopted by a contributor or by a pensioner who has been a contributor and dependent on him at the time of his death;
contributor means an employee who is or has been contributing under this Act otherwise than as a qualified contributor;
department means any department under the administration of a Minister of the Crown in the Government of the State and includes the Western Power Corporation, the Water Corporation 3, every State trading concern, every port authority, every college (within the meaning of the Vocational Education and Training Act 1996), and every Crown instrumentality the employees whereof are remunerated with moneys (other than grants) appropriated by the Parliament of the State for the purpose of such Crown instrumentality.
The term department shall, subject as hereinafter provided, also include every hospital board and any other corporate body, being a Crown instrumentality established by or under any Act of the Parliament of the State, the inclusion of which hospital board or other corporate body in the said term is recommended by the Minister and is approved by the Treasurer.
Provided that —
(i) before approving the inclusion in the term “department” as aforesaid of any such hospital board or other corporate body, the Treasurer may require such hospital board or other corporate body to make arrangements satisfactory to the Treasurer whereby such hospital board or other corporate body is bound to pay and will pay to the Board on behalf of the State during the employment of its employees who become contributors under this Act and thereafter will continue to pay to the Board on behalf of the State so long as may be necessary progressively by way of fortnightly contributions commencing from the date or dates when its employees become contributors under the Act as aforesaid, and payable fortnightly on the days when the contributions by such employees are payable or otherwise on the days when in accordance with section 43 and section 44 payments of its share of the pensions are payable by the Government of the State as the case may be, such amounts in respect of each and every one of its employees who become contributors as aforesaid as are and will be, in the opinion of the Board, sufficient to meet and recoup to the Government of the State the amounts which in accordance with section 43 and section 44 the Government will be liable to pay as its share of the pension or other benefits to which the employees of such hospital board or other corporate body and their dependants will be or are entitled by virtue of being or having been contributors under this Act; and
(ii) as and when any hospital board or other corporate body is approved by the Treasurer as a department for the purposes of this Act, notification of such approval shall be published in the Government Gazette;
employee means a person employed in a permanent capacity under the State in any department who is by the terms of his employment required to give his whole time to the duties of his employment, but does not include the Chief Justice or any Judge of the Supreme Court or the President or any member of the Court of Arbitration 5, and does not include a person who is a contributor to any Superannuation Fund to which contributions are made by the Crown other than the Crown in right of Western Australia.
For the purposes of this definition —
(a) a person shall be deemed to be employed in a permanent capacity when he is regularly employed in the ordinary work of the department in which he is employed in circumstances which justify an expectation that, subject to good conduct and efficiency, his employment will be continuous and permanent;
(aa) a person who is an executive officer within the meaning of the Public Sector Management Act 1994 shall be deemed to be employed in a permanent capacity;
(b) a person shall not be deemed to be employed in a permanent capacity when he is employed casually or in connection with a particular work or undertaking, the completion of which will put an end to his employment;
hospital board means —
(a) a hospital board constituted under the Hospitals and Health Services Act 1927; and
(b) if the Minister to whom the administration of the Hospitals and Health Services Act 1927 is committed is deemed by section 7(2) of that Act to be the board of a hospital, the Minister in his or her capacity as that board;
member of the Police Force includes the Commissioner of Police, a commissioned officer, a non‑commissioned officer, a constable and an Aboriginal police liaison officer, but excludes a special constable;
Minister means the Minister of the Crown from time to time charged with the administration of this Act;
Police Benefit Fund means the Police Benefit Fund as established and administered under the Police Benefit Fund Ordinance 1866 30 Victoriae No. 10 and its amendments 6;
qualified contributor means an employee who elects to contribute to the Fund the special contribution in respect of a pension to his widow and children as provided for in section 34(2) and (4);
Railway Death Benefit and Endowment Fund means the Western Australian Government Railways and Tramways Employees’ Death Benefit and Endowment Fund as established and administered under the authority of section 76 7 of the Government Railways Act 1904;
salary means salary or wages and includes the value of allowances such as allowances for rent, house allowed rent free, light, fuel, rations and fees allowed regularly, as emoluments of office, but does not include bonuses, overtime payments or allowances for forage, equipment, climatic disadvantages or travelling expenses;
service means service under or employment by or under the State in any department;
student child means a child who is not less than 16 years of age but is less than 25 years of age and is receiving full‑time education at a school, college or university;
term appointee means an employee whose appointment, whether or not to a statutory office, is for a deter
This is an opening excerpt, not the complete document.