Western Australian Current Regulations Western Australian Current Regulations (1) Every person who
becomes a worker on or after 16 April 2007 and who is not excluded
by subregulation (2), (3) or (4) becomes a statutory GESB Super Member on
the day on which the person becomes a worker.
(2) A worker is
excluded by this subregulation from being a statutory GESB Super Member if the
worker —
(a) is a
West State Super Member; or
(b) is a
Gold State Super Member, other than a Member who is entitled to a preserved
GSS withdrawal benefit (as defined in regulation 12); or
(c) is a
Pension Scheme Member or a Provident Scheme Member (other than a person who
has determined the person’s pension under section 60AA of the
Superannuation and Family Benefits Act 1938 ); or
(d)
holds a pensionable office as defined in section 2(4) of the
Judges’ Salaries and Pensions Act 1950 ; or
(e)
works outside Australia and is not a resident of Australia (as defined in the
SGA Act).
(3) A worker is
excluded by this subregulation from being a statutory GESB Super Member
if —
(a) the
Employer —
(i)
has established a superannuation scheme or fund in
accordance with section 30(1) of the Act; or
(ii)
has approval under section 30(2) of the Act to
contribute to a superannuation scheme or fund other than one described in
section 30(2)(a), (b) or (c) of the Act; or
(iii)
is a participating employer in a scheme or fund that was
established before 28 December 1989;
and
(b) the
worker is a member of that scheme or fund; and
(c) as a
consequence, no contributions under section 4B of the Act are made to the
Fund for the worker, for a contribution period of the worker.
(4A) A worker is
excluded by this subregulation from being a statutory GESB Super Member if, as
a consequence of the worker choosing a fund that is not a scheme, no
contributions under section 4B of the Act are made to the Fund for the
worker, for a contribution period of the worker.
(4) A worker who is a
parliamentarian is excluded by this subregulation from being a statutory GESB
Super Member if the worker —
(a) is a
person in respect of whom contributions are being made under section 11
of the Parliamentary Superannuation Act 1970 to the superannuation scheme
provided for by that Act; or
(b) is a
non‑participant, as defined in section 29 of the
Parliamentary Superannuation Act 1970 , in respect of whom contributions
are being made in accordance with a determination made under that section to a
superannuation fund other than the GESB Super Scheme.
(5) If a worker was
excluded by subregulation (2), (3) or (4) from being a statutory GESB
Super Member and that exclusion ceases to apply to the worker, the worker
becomes a statutory GESB Super Member on the day that exclusion ceases to so
apply.
[Regulation 84 inserted: Gazette
13 Apr 2007 p. 1632-4; amended: Gazette 6 Jun 2007
p. 2622; 17 Jan 2012 p. 471‑2; SL 2025/59 r. 15.]