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CLAUSE NOTES
Public Sector Superannuation Reform Bill 2016
PART 1 PRELIMINARY
Clause 1 Short title.
Clause 2 This clause provides for the Bill to commence on a day or days to be
proclaimed. It is intended that Parts 2 and 3 of the Bill commence following the
Bill receiving Royal Assent, with the remaining provisions to commence on the
day the Tasmanian Accumulation Scheme is transferred to the new default
fund.
Clause 3 Interpretation.
Clause 4 Defines ‘salary’ for the purposes of the Bill. This definition is consistent with the
definition of salary in the Public Sector Superannuation Reform Act 1999 and is
used to calculate the rate of employee contributions to the contributory
scheme and the rate of employer superannuation contributions to the default
fund. This definition is a more generous definition of salary than that prescribed
in the Superannuation Guarantee (Administration) Act 1992 of the Australian
Government as it includes overtime hours and payments and termination
payments in respect of unused annual leave.
Clause 5 States that the Act binds the Crown.
PART 2 SUPERANNUATION COMMISSION
Division 1 Superannuation Commission
Clause 6 This clause establishes the Superannuation Commission. The Commission may
be constituted as a body corporate or as a corporation sole if there is only one
member of the Commission.
This clause provides that the Minister may, by notice, declare that the
Commission is a corporation sole. The Minister may also revoke a notice made
under this clause, following which the Commission would be constituted of
multiple members.
Clause 7 Provides that the Commission may consist of up to three persons to be
appointed by the Treasurer. The Treasurer is to appoint one person to be
chairperson of the Commission. Persons appointed to the Commission will be
appointed for an initial term of up to five years and may be reappointed.
A person appointed as member of the Commission may also be a State Service
employee, however, that person is not entitled to remuneration or allowances
under the Act without approval of the Premier.
If there is only one person appointed as a member of the Commission, any
references to the chairperson of the Commission are taken to be a reference
to the single member of the Commission and the meeting conventions in
Schedule 2 do not apply.
Page 1 of 14
Clause 8 Provides for appointment of a person to be an acting member of the
Commission in the event that a member of the Commission is absent from
duty, is incapable of performing the required duties or where a member of the
Commission, where that member is the sole member of the Commission, has
disclosed a conflict of interest.
Division 2 Functions and powers
Clause 9 This clause gives the Commission the power to do all things necessary to
administer the Fund. The Fund will consist of all money received by the
Commission, including all subfunds, accounts, investments and other assets that
remain following the transfer of the Tasmanian Accumulation Scheme to the
new default fund.
Clause 10 Sets out the duties of the Commission. These duties are consistent with the
powers given to the Retirement Benefits Board in the Retirement Benefits Act
1993. All money and other property will vest in the Commission, as opposed
to the Fund, as the Commission is the legal entity. The regulations outline
further functions of the Commission, which replicate the covenants in the
Superannuation Industry (Supervision) Act 1993 of the Australian Government.
Clause 11 Provides that the Treasurer may issue guidelines to the Commission in relation
to investments. The Bill requires the Commission to have regard to the
guidelines when developing an investment strategy and he or she must inform
the Minister of any proposed strategy. However, the Commission is not subject
to a direction of any kind in relation to the investment strategy of the
Commission or any investment of the Fund.
Clause 12 The Commission may delegate any of his or her functions, duties or powers
given under the Act, or any other Act, to a member of the staff of the
Commission or a person or organisation engaged under contract.
Division 3 Miscellaneous
Clause 13 Prescribes procedures for a person appointed to, or acting in, the office of a
member of the Commission to disclose conflicts of interest to the Minister. If
the Commission is constituted of a single member, and that member has
disclosed an interest in relation to a matter, the Treasurer must appoint another
person to act in place of that member in relation to that matter for which the
disclosure of interest relates until such time as a decision is made in relation to
the matter.
Clause 14 This clause allows for State Service employees to be made available to work in
the office of the Commission.
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Clause 15 Provides that the Commission may engage any person or organisation to
provide administration services and advice in connection with the functions,
duties and powers of the Commission under the Act. It is intended that the
Government will publicly tender the defined benefit schemes member
administration and investment management services. Outsourced member
administration would include member services, relationship management, brand
identity and any additional services specified in the contract. Outsourced
investment management could be achieved by the appointment of an
Implemented Consultant, which provides tailored end-to-end solutions for the
preferred asset and risk allocation, undertakes performance analysis and
reporting, provides advice, manages portfolios and investment manager
selection and termination.
Clause 16 Confirms, in accordance with rules of evidence, that the official signature of a
person who is, or has been, a member of the Superannuation Commission is
the person who holds, or has held, the office of the Commission and no further
evidence is required to establish this fact.
Clause 17 Provides an indemnity to the Commission for losses suffered by a person as a
result of certain actions of the person or the Commission. For the avoidance of
doubt, this clause has been expanded from that contained in section 27A of the
Retirement Benefits Act to include loss suffered by a person due to an
investment choice exercised by that person, investment decisions in respect of
the assets of the Fund made by or on behalf of the Commission or any other
election made by a person, including an election made by a person to become
a member of a complying superannuation scheme.
PART 3 TRANSITIONAL ROLE OF BOARD AND COMMISSION
Clause 18 This clause provides for the existing Retirement Benefits Board to continue in
its current form, with the addition of the chairperson of the Commission, for
the transitional period until the Tasmanian Accumulation Scheme is transferred
(and the Retirement Benefits Act is repealed). It also provides flexibility in
respect of length of tenure of board members and size of the board during the
transition period.
Clause 19 This provision provides that the Minister may direct the Board to take any
action that is necessary to give effect to the transfer of the Tasmanian
Accumulation Scheme from the Retirement Benefits Fund under clause 22.
Subclause (4) provides an indemnity by the Crown to the Board, including the
chairperson of the Commission, as well as an officer, employee or agent of the
Board, against any liability incurred as a result of acting upon a direction given by
the Minister, provided that the action was taken in good faith and was
necessary to implement the direction.
This clause also requires the chairperson of the Commission to prepare a
statement of accounts and an annual report in relation to the performance of
the Fund as soon as practical following the repeal of the Retirement Benefits
Act. This statement of accounts will identify the remaining assets of the Fund.
Page 3 of 14
PART 4 DEFAULT FUNDS
Division 1 Nomination of default funds
Clause 20 Provides for the nomination of default funds by the Minister by publication of a
notice in the Government Gazette. Under Clause 20(4) before the Minister can
nominate a default fund other than the initial default fund under this clause, the
Minister must first obtain written agreement with Unions Tasmania.
The Minister may only nominate a default fund to be the initial default fund,
which is the fund that will be the recipient of the transfer assets of the
Tasmanian Accumulation Scheme, if the fund satisfies the successor fund
transfer test. To be a successor fund, within the meaning of the Superannuation
Industry (Supervision) Regulations 1994, prior to the transfer, the trustee of the
default fund must agree with the Retirement Benefits Fund Board, as trustee of
the Retirement Benefits Fund that the fund will confer equivalent member rights
to the rights that the member had under the Retirements Benefits Fund in
respect of the benefits. In addition, both sets of trustees must agree that the
transfer is in the best interest of the members of both funds. As part of this
agreement, each trustee agrees to do everything reasonably necessary to give
effect to the transfer, including the provision of all necessary information to
facilitate the transfer, including the provision of data and documentation relating
to the benefit entitlements of each transferring member.
Membership of the default fund in respect of transferring members occurs by
virtue of the transfer of accounts and benefits from the Tasmanian
Accumulation Scheme.
The Minister may nominate more than one default fund, and it is only the initial
default fund that is subject to the successor fund transfer process. Only a fund
regulated under the Superannuation Industry (Supervision) Act can be
nominated as a default fund. This clause allows for the operation of more than
one default fund at a time.
This clause also allows the Minister to enter into a contractual agreement with a
superannuation fund to be a default fund.
Clause 21 This clause provides for employer superannuation contributions to be paid to
the default fund for relevant employees, including transferring members and
employees appointed or employed after the transfer date, where fund choice
has not been exercised by the employee.
Contributions will be made on behalf of all State Service officers and State
Service employees, including employees of Government Business Enterprises
and employees of State-owned Companies who are employed under modern
awards. Under the Fair Work Act 2009 of the Australian Government, the terms
of modern awards apply subject to any Tasmanian law that provides for
superannuation. This clause therefore allows contributions to be made to the
default fund, even if the default fund is not specified in the award itself.
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The Agency Manager must make employer contributions to the default fund,
having reference to the salary of the relevant employee and in accordance with
the charge percentage specified in the Superannuation Guarantee
(Administration) Act. The charge percentage is currently set at 9.5 per cent of
salary.
Division 2 Transfer of assets and members to initial default fund
Clause 22 Provides for the Minister to direct the Board to transfer, to the initial default
fund, the transfer assets. The Actuary must determine those assets that
represent the transfer assets of the Tasmanian Accumulation Scheme, which are
to include the benefits of the transferring members and the relevant proportion
of reserves.
Once the Board has been provided with a direction from the Minister to
transfer the transfer assets, it must transfer, to the initial default fund, all
transferring members and the transfer assets. The transfer takes effect from the
transfer date, which is the date specified in the notice published in the Gazette
by the Minister that nominates a superannuation fund to be the initial default
fund.
All members of the Tasmanian Accumulation Scheme will transfer to the initial
default fund, with the exception of Investment 12 Account members. The
Board must identify all Investment 12 Account members immediately prior to
the transfer and the Commission will be required to maintain an investment
account for these members in the Fund.
Investment 12 Account members are accumulation accounts and arise where
members who joined the contributory scheme prior to 30 June 1994 are made
redundant prior to attaining their preservation age and opt to preserve their
Contributory Scheme benefit in the Fund and retain access to the favourable
pension conversion factor of 12.
The regulations prescribe strict rules regarding how Investment 12 accounts
must be managed. These accounts are quarantined, with the member not
permitted to make additional contributions to the account. The accounts must
also only be invested in the default investment option. On or after attaining
preservation age, a member has a one-off right to use all, or part, of their
Investment 12 account to purchase a fully funded life pension within the
contributory scheme, calculated using the pension conversion factor of 12.
The investment 12 accounts are being retained within the Fund because there
is only a small number of these accounts, less than 100 and retention of these
accounts does not affect the successor fund transfer as the assets involved are
minimal. The arrangements for investment 12 account members will continue
to be specified in the regulations enacted under the Bill.
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Members of the Tasmanian Accumulation Scheme who are currently receiving
a pension from the Retirement Benefits Fund, such as RBF Account Based
Pensions, will in future be paid by the initial default fund. The governing rules of
the initial default fund will provide for the replication of pension benefits as part
of the successor fund transfer arrangements.
The Tasmanian Accumulation Scheme Trust Deed will cease to apply upon the
transfer of the members and assets of the Tasmanian Accumulation Scheme.
Clause 23 This clause provides that from the transfer date, any contract, agreement,
arrangement, document or undertaking that refers to the Retirement Benefits
Board is taken to be a reference to the Commission. This includes a reference
to the Board in a document pertaining to the transfer under clause 22. This is
necessary to ensure that the Commission is a party to the transfer deed under
which the members and assets of the Tasmanian Accumulation Scheme are
transferred to the default fund so that the Commission will become a deemed
party to the deed and be able to enforce the deed (as well as the deed being
enforced against the Commission). Otherwise, the default fund will be entering
into a deed with an entity (the Retirement Benefits Board) which will cease to
exist following execution of the Deed (by virtue of the repeal of the
Retirement Benefits Act).
Any legal or other proceedings that relate to the Tasmanian Accumulation
Scheme and which have commenced, or could have commenced, before the
transfer date are taken to be proceedings against the Commission. As the assets
of the Tasmanian Accumulation Scheme will have transferred to the default
fund, the successor fund transfer deed will likely contain provisions stating that
the Trustee of the default fund will indemnify the Retirement Benefits Fund
Board (or the Commission as the successor to the Board) against all liabilities
arising from the acts or omissions of the Retirement Benefits Fund Board that
relate to the transfer assets, subject to certain conditions and limitations. These
usually include that the indemnity only applies to the extent that the Retirement
Benefits Fund Board would have been entitled to indemnification out of the
transfer assets for the liability.
Clause 24 This clause specifies that an employee continues to have choice regarding their
superannuation fund.
PART 5 CONTRIBUTORY SCHEME
Division 1 Commission is to administer and manage fund and contributory scheme
Clause 25 This clause prescribes the functions of the Commission after the transfer date.
Following the transfer under clause 22, the Superannuation Commission will be
responsible for administering and managing the contributory scheme. The
Commission is required to comply with any applicable law that applies in
respect of the management of the contributory scheme. The contributory
scheme is governed by the arrangements provided for in the regulations made
under this Bill.
Page 6 of 14
Clause 26 This clause provides that the Commission, from the transfer date, becomes the
legal custodian of all of the assets, liabilities and rights that vest with the
Commission as a result of the transfer. Any references to the Retirement
Benefits Board in any legislative instrument or document are taken to be
references to the Commission following the transfer.
The Commission also becomes a party to any legal, or other, proceedings that
relate to the contributory scheme established under the Retirement Benefits
Act.
Division 2 Fund
Clause 27 This clause states that the Fund continued in existence under the Retirement
Benefits Act 1993 continues in existence. All contributions, payments, amounts,
money and income payable under the regulations are to be paid into the Fund.
The Commission must pay out of the Fund all amounts prescribed by law or as
required under the regulations, such as pensions and benefits.
This clause also provides that the Commission is liable for any taxation imposed
under any State law.
Clause 28 The Commission has the ability to establish and maintain subfunds that are
considered necessary for the ongoing administration of the defined benefits
schemes. This clause sets out the requirements that must be met in relation to
subfunds.
Clause 29 This clause provides that the Actuary must undertake its investigations in
accordance with the regulations.
Division 3 Contributory scheme
Clause 30 This clause maintains the contributory scheme as a closed scheme and does not
apply to an employee engaged or appointed on or after 15 May 1999. This was
first given effect by the Public Sector Superannuation Reform Act. The
provisions in 30(2), 30(3) and 30(4) set out the instances under which a person
may elect to contribute to the scheme. These provisions are currently
prescribed in regulation 29 of the Retirement Benefits Regulations.
Clause 31 Provides that members of boards are not entitled to become members of the
contributory scheme. Also, where a person is a member of the contributory
scheme and is, or has been, a member of a board, the member’s contributions
are to be calculated without reference to any remuneration payable or paid as
a member of the board.
Clause 32 This clause clarifies that, where a person is employed in two or more positions,
that person’s contributions and benefit entitlements are to be determined
without regard to any employment that does not qualify the person to
contribute to the scheme.
Clause 33 This clause provides that the Commission must comply with the principles of
the Heads of Government Agreement made on 28 May 1996 as if those
principles were contained in the Act.
Page 7 of 14
PART 6 CONTINUATION OF CERTAIN SCHEMES
Division 1 Tasmanian Ambulance Service Superannuation Scheme
Clause 34 This clause provides interpretation of Division 1 of Part 6 that relates to the
Tasmanian Ambulance Service Superannuation Scheme. The inclusion of the
provisions currently contained in the Retirement Benefits (Tasmanian Ambulance
Service Superannuation Scheme) Act 2006 avoids duplication and facilitates the
administration of the Government’s defined benefits schemes within one
primary Act.
Clause 35 Provides that the TASS Scheme Trust Deed must continue to provide the
defined benefit component of the former Tasmanian Ambulance Service
Superannuation Scheme for persons who, immediately before 30 June 2006,
were contributing, or were required to contribute, or were deemed to be
contributing to the former Scheme. The TASS Scheme Trust Deed remains
binding on the Ambulance Service.
Clause 36 This clause prescribes the matters that must be provided in the TASS Scheme
Trust Deed, including that no new members are entitled to become members
of the Scheme.
Clause 37 Provides the process for amending, revoking or substituting the TASS Scheme
Trust Deed, including consultation requirements with the Ambulance Service
and the Health Services Union of Australia – Tasmanian Branch No. 1. Any
Trust Deed established under the Act must also be consistent with the Act and
the Superannuation Industry (Supervision) Act.
Clause 38 This clause states that the continued scheme, which is continued by the TASS
Scheme Trust Deed and, immediately before the transfer date, was being
administered by the Retirement Benefits Board, forms part of the Fund that is
continued under clause 27, and is to be a subfund of the Fund.
Clause 39 This clause provides for transitional matters in relation to the transfer of
proceedings from the Board to the Commission in relation to the TASS. This
clause has the same effect as clause 26, which only applies to the contributory
scheme.
From the transfer date, any contract, agreement, arrangement, document or
undertaking that refers to the Retirement Benefits Board is taken to be a
reference to the Commission. In addition, any legal or other proceedings that
relate to the TASS and which have commenced, or could have commenced,
before the transfer date are taken to be proceedings against the Commission.
Clause 40 Provides that certain determinations or decisions made by the Board or the
trustee in the administration of the former scheme or the continued scheme
continue to have effect unless or until the determinations or decision is varied
or rescinded by the Commission in accordance with the provisions of the Trust
Deed.
Clause 41 Provides for a guarantee from the Minister administering the Ambulance Service
Act 1982 for employer contributions payable by the Tasmanian Ambulance
Service.
Page 8 of 14
Division 2 State Fire Commission Superannuation Scheme
Clause 42 This clause provides interpretation of Division 2 of Part 6 that relates to the
State Fire Commission Superannuation Scheme. The inclusion of the provisions
currently contained in the Retirement Benefits (State Fire Commission
Superannuation Scheme) Act 2005 avoids duplication and facilitates the
administration of the Government’s defined benefits schemes within one
primary Act.
Clause 43 Provides that the SFCS Scheme Trust Deed must continue to provide the
defined benefit component of the former State Fire Commission
Superannuation Scheme for persons who, immediately before 1 May 2006,
were contributing, or were required to contribute, or were deemed to be
contributing to the former Scheme and remains binding on the State Fire
Commission.
Clause 44 This clause prescribes the matters that must be provided in the SFCS Scheme
Trust Deed, including that no new members are entitled to become members
of the Scheme.
Clause 45 Provides the process for amending, revoking or substituting the SFCS Scheme
Trust Deed, including consultation requirements with the State Fire
Commission and the United Firefighters’ Union of Australia (Tasmanian Branch).
Any Trust Deed established under the Act must also be consistent with the Act
and the Superannuation Industry (Supervision) Act.
Clause 46 This clause states that the continued scheme, which is continued by the SFCS
Scheme Trust Deed and, immediately before the transfer date, was being
administered by the Retirement Benefits Board, forms part of the Fund that is
continued under clause 27, and is to be a subfund of the Fund.
Clause 47 This clause provides for transitional matters in relation to the transfer of
proceedings from the Board to the Commission in relation to the SFCS
Scheme. This clause has the same effect of clause 26, which only applies to the
contributory scheme.
From the transfer date, any contract, agreement, arrangement, document or
undertaking that refers to the Retirement Benefits Board is taken to be a
reference to the Commission. In addition, any legal or other proceedings that
relate to the SFCS Scheme and which have commenced, or could have
commenced, before the transfer date are taken to be proceedings against the
Commission.
Clause 48 Provides that a determination or decision made by the Board or former trustee
in the administration of the former scheme or the continued scheme continues
to have effect unless or until the determinations or decisions is varied or
rescinded by the Commission in accordance with the provisions of the Trust
Deed.
Clause 49 Provides for a guarantee from the Minister administering the Fire Service
Act 1979 for employer contributions payable by the State Fire Commission.
Page 9 of 14
PART 7 MISCELLANEOUS
Clause 50 This clause provides for the appointment of the Actuary by the Minister and
sets out the qualifications that must be satisfied before an Actuary can be
appointed.
Clause 51 As the definition of ‘salary’ in the Bill differs from that in the Superannuation
Guarantee (Administration) Act, this clause states that employer
superannuation contributions, for employees that have chosen a fund, are to be
calculated by reference to that employee’s salary, as defined in the Bill, and in
accordance with the charge percentage specified in the Superannuation
Guarantee (Administration) Act. 'Chosen fund' is defined in the Superannuation
Guarantee (Administration) Act and includes RSAs. This clause does not
exclude the possibility of an employee electing the initial default fund to be the
employee's chosen fund.
Clause 52 This clause deems any references to the Public Sector Superannuation Reform
Act in any State award made under the Industrial Relations Act 1984 to be a
reference to the Act.
This clause also states that any reference to the Tasmanian Accumulation
Scheme in the Tasmanian Fire Fighters Industry Employees Award 2010 is taken
to be a reference to the default fund or other fund in the case where the
employee has elected to choose a superannuation fund.
Clause 53 Provides that the transitional provisions in Schedule 1 have effect.
Clause 54 This clause provides that a contribution that is required to be paid under the
regulations by the Minister is to be paid out of the Consolidated Fund and is to
be paid in the manner prescribed in the regulations.
Clause 55 Continues the requirement from the Public Sector Superannuation Reform Act
that requires an Agency’s annual report to include a certificate that it has met its
obligations under the Superannuation Guarantee (Administration) Act in
respect of an employee who is, or elects to become, a member of a complying
superannuation scheme or other regulated fund to which the Agency
contributes.
Clause 56 States that notices under this Act are not statutory rules and, therefore, are not
subject to the requirements of the Rules Publication Act 1953.
Clause 57 Sets out the regulation making powers. Before regulations are submitted to the
Governor for making, the Minister must first consult with Unions Tasmania and,
if appropriate, the Minister must also obtain from the Commission a statement
as to the likely cost to the State arising from the proposed regulations.
Clause 58 Clarifies that the regulations may provide for transitional matters due to the
repeal of certain superannuation Acts and regulations.
Clause 59 Allows the regulations made under this Act to provide for matters related to
the splitting of superannuation interests as a result of a relationship breakdown.
Page 10 of 14
Clause 60 This clause contains transitional and savings provisions required as a result of
the repeal of the Retirement Benefits Act.
Actions and decisions of the Retirement Benefits Fund Board that were
declared under section 29F of the Retirement Benefits Act are taken to have
been validly made. Payments, decisions or determinations, as well as any
benefits paid by the Board under sections 29G, 29H and 29K are also taken to
be validly made and are not affected by the repeal of the Retirement Benefits
Act.
Advice given, or statements made, under sections 29B and 29C of the
Retirement Benefits Act are also taken to have been made in good faith by, or
on behalf of, the Board. Section 29B provides for arrangements where a
contributory scheme member is also a member of a board of a statutory
authority or State-owned Company whereby the salary paid to that person as a
board member is combined with the salary paid to the person in respect of
their substantive position. Similarly, section 29C provides a basis for dealing with
accounts where a contributory scheme member performs two or more State
Service positions, with each employer paying superannuation contributions to
the same contributory scheme membership.
This clause provides savings provisions in relation to any instruments in which
there is a reference to the Retirement Benefits Fund Investment Trust.
This clause also continues the transitional and savings provisions in Schedule 8
of the Retirement Benefits Act and continues the operation of contributions
made to the Fund by a person who was contributing to the Fund prior to 1 July
1994, despite the repeal of the Retirement Benefits Act 1982.
This clause clarifies that the repeal of the 1982 and 1993 Retirement Benefits
Acts does not impact any election, decision, direction, resolution, delegation,
certificate, suspension or authorisation of the Board made under either Act.
Clause 61 Provides the savings matters in respect of the TGIO reserve account. Under
this clause, the TGIO reserve account will continue to be maintained for the
purpose of payment of TGIO employee benefits. These provisions were
contained in section 29L of the Retirement Benefits Act.
Clause 62 States that the Treasurer is responsible for administration of the Act and that
the department responsible to the Treasurer in relation to the administration of
the Act is the Department of Treasury and Finance.
Clause 63 Provides that the legislation in Schedule 4 is repealed.
SCHEDULE 1 MEMBERSHIP OF THE COMMISSION
Clause 1 States that a member of the Commission may be appointed for a term of not
more than five years. The member may also be reappointed.
Clause 2 Provides that a member of the Commission who has full time office in another
capacity is not disqualified from that office if he or she is a member of the
Commission and may accept remuneration as a member of the Commission.
Page 11 of 14
Clause 3 Provides that the State Service Act 2000 does not apply to a member of the
Commission.
Clause 4 This clause states that a member of the Commission is entitled to remuneration
and allowances as determined by the Treasurer and which are specified in that
member’s instrument of appointment. A member of the Commission, who is
also a State Service employee or State Service officer, is not entitled to
remuneration or allowances without the approval of the Premier.
Clause 5 Sets out the circumstances in which a member of the Commission is deemed
to have vacated office and the circumstances under which the Treasurer may
remove a member from office.
Clause 6 Permits the Treasurer to appoint a person to replace a member of the
Commission if there is a vacancy.
Clause 7 Provides that the actions of the Commission are not invalid by virtue of a
vacancy in the office of a member of the Commission or the subsequent
discovery of a defect in the appointment of a member.
Clause 8 Provides legal presumptions regarding the constitution of the Commission and
the appointment of any member for the purpose of legal proceedings.
SCHEDULE 2 MEETINGS OF THE COMMISSION
Clause 1 Prescribes the arrangements for convening meetings of the Commission.
Clause 2 States that the chairperson of the Commission is to preside at all meetings of
the Commission. If the chairperson is absent at a meeting of the Commission,
the remaining members of the Commission must elect a member to preside at
the meeting.
Clause 3 Sets out the quorum and voting requirements at meetings of the Commission.
If there is an equality of votes, the presiding member has a casting vote.
Clause 4 Prescribes the arrangements for the conduct of meetings of the Commission.
Clause 5 Provides that resolutions agreed by two members are taken to have been
agreed at a meeting and that all members are to be informed of such a
resolution.
Clause 6 Requires that the Commission keep minutes of its proceedings.
Clause 7 Permits the Regulator to regulate its own proceedings.
Clause 8 Establishes legal presumptions regarding resolutions of the Commission and the
presence of a quorum at any meeting of the Commission.
SCHEDULE 3 SAVINGS PROVISIONS IN RELATION TO CERTAIN RBF EMPLOYEES
Clause 1 Clause 1 of Schedule 3 prescribes definitions for the purpose of interpreting
Schedule 1.
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Clause 2 Clause 2 provides arrangements in respect of long service leave and
superannuation entitlements for Retirement Benefits Fund employees who
become employed by the Commission under the State Service Act following
the wind up of the Retirement Benefits Fund.
Under section 12(4) of the Long Service Leave Act 1976, an employee, if their
employment is terminated for any reason, is entitled to receive a payment for
their long service leave entitlement. Similarly, under section 20(2) of the Long
Service Leave (State Employees) Act 1994, an employee is entitled to an
allowance for the period of long service leave they would have been entitled to
before ceasing their employment. The ability for an employee of the
Retirement Benefits Fund to elect not to be paid out for their entitlement will
allow these employees, whom are appointed to positions in the office of the
Commission, to have their long service leave recognised in their employment
under the State Service Act.
This clause also provides that persons who are not entitled to, or eligible for,
long service with the Retirement Benefits Fund because they have not met the
requirement to complete 10 years of continuous employment with the
Retirement Benefits Fund are entitled to long service leave once their combined
years of service with the Retirement Benefits Fund and the State Service reach
10 years.
The amount of leave is calculated by combining the numbers of weeks of long
service leave (determined from the number of years of service with the
Retirement Benefits Fund) together with the number of days of long service
leave from employment with the State Service.
A Retirement Benefits Fund employee who is not entitled to long service leave
due to not reaching the next accrual date for long service leave under the Long
Service Leave Act, is to be entitled to that period of long service leave for that
person’s continuous employment on appointment to the State Service.
The amount of that long service leave is to be no more than what that person
would receive under the Long Service Leave Act based on their years of
continuous service with the Retirement Benefits Fund.
If a person has taken or exhausted any of their long service leave to which they
were entitled with the Retirement Benefits Fund, that amount taken or
exhausted must be deducted from the amount the person is entitled to in their
position with the State Service.
This clause further provides that access to these provisions only applies if the
period between the employee ceasing to be an employee of the Retirement
Benefits Fund and commencing employment with the Commission is no longer
than three months.
An additional provision has been included to state that if a Retirement Benefits
Fund employee has received payment for their long service leave accrued in
respect of his or her employment with the Retirement Benefits Fund, that
amount of long service leave cannot be recognised as long service leave on
their appointment to the State Service.
Page 13 of 14
Clause 3 Maintains the superannuation entitlements of a Retirement Benefits Fund
employee who takes up a position with the Commission within three months
of the employee ceasing to be an employee of the Retirement Benefits Fund.
SCHEDULE 4 LEGISLATION REPEALED
States that the Retirement Benefits Act, the Public Sector Superannuation
Reform Act, the Retirement Benefits (State Fire Commission Superannuation
Scheme) Act and the Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act will be repealed following the commencement of
section 63 of the Act.
As a consequence of these repeals, all subordinate legislation, including
regulations, made under these Acts will automatically be repealed.
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