Schedule 1 Amendments

(section 3)

[1] Section 3, after the definition of ‘2005 Act’

insert

AHPRA means the Australian Health Practitioner Regulation Agency established upon commencement of Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the Australian Capital Territory.

alternative superannuation scheme, in relation to a person who is

employed in a particular capacity, or who is the holder of a particular office:

(a) means a superannuation scheme to which contributions are made in

relation to the person’s employment or holding of the office; but

(b) does not include any of the following:

(i) a scheme to which contributions are made in relation to the

person for:

(A) if the person is employed in a particular capacity — other

employment or the holding of an office; or

(B) if the person is the holder of a particular office — other

employment or the holding of another office;

(ii) a scheme to the extent that membership of that scheme by the

person is for the preservation, or payment, of productivity

benefits;

(iii) a scheme to the extent that participation in that scheme

on the person’s behalf is for purposes solely related to

satisfying obligations under the Superannuation Guarantee

(Administration) Act 1992;

(iv) a scheme to which contributions are made in relation to the person only in relation to performance pay;

(v) for a prescribed person — a scheme of which the person is taken, under subsection (2), to be a member for top-up purposes.

Example

If a person is a member, and is making voluntary contributions to an RSA without any

employer contributions, the RSA will not be an alternative superannuation scheme.

However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.

[2] Section 4, paragraph 4(2)(g)

Omit

1995 Inclusion Declaration.

Substitute

1995 Inclusion Declaration; and

[3] Section 4, after paragraph 4(2)(g)

insert

(h) in item [12] of the Schedule, at the end of earlier of:

(i) the day on which the person ceases to be an employee of AHPRA;

(ii) the day immediately before the day on which the person becomes, in relation to the person’s employment with AHPRA, a member of an alternative superannuation scheme; or

(iii) if AHPRA ceases to be a statutory authority of the Australian Capital Territory – the last day on which AHPRA is a statutory authority.

[4] Schedule 1, after item 11

insert

[12] A person who:

(a) becomes an employee of AHPRA, during the period 1 July 2010 to 1 July 2013 inclusive; and

(b) immediately before becoming so employed was an ordinary employer-sponsored member employed under the Public Sector Management Act 1994 of the Australian Capital Territory; and

(c) immediately before becoming so employed was performing duties for AHPRA in accordance with the document entitled ‘Memorandum of Understanding between AHPRA and the Department of ACT Health regarding the the transition of staff to the National Registration and Accreditation Scheme’ and dated March 2010.