(1) If the Commonwealth Super Act requires a local government to make superannuation contributions for a permanent employee, the superannuation contributions must be paid into the LG super scheme.
(2) An employee of a local government entity is a permanent employee if the local government entity declares the employee to be a permanent employee by a written notice given to the super board.
(3) An employee of a local government (other than a local government entity) is a permanent employee if the employee has been continuously employed by the local government, or by the local government and other local governments consecutively, for--
(a) at least 1 year; or
(b) less than 1 year, but the employee has given the local government a membership notice.
(4) A membership notice is a written notice given to the local government and board by the employee electing to become a permanent employee for this part.
(5) An employee is not continuously employed if the super board is satisfied that--
(a) the employee's employment is broken by at least 60 consecutive days when the employee was not employed by a local government, and the employee is not in a position to accept an offer of employment by a local government; or
(b) the employee--
(i) is no longer employed by a local government; and
(ii) has no intention of taking up employment with a local government.
(6) An employee is not a permanent employee if--
(a) the employee is employed by a local government only to carry out work on a particular job or project; and
(b) the employee's employment is dependent on the time taken to carry out the job or project.
(7) Also, an employee is not a permanent employee if the employee is employed by a local government under a federally funded community development project for Aborigines or Torres Strait Islanders.