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Provident Account Act 1958 (NI)

  • Act Applied Law - C2015Q00038
  • No longer in force
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Act No. 9, 1958
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Amendment Ordinance 2015 (No. 2, 2015)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure and Regional Development
General Comments: This Act was repealed on 1 July 2016 by the Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended by the Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016 (No. 5, 2016) (see F2016C00715).
Registered 28 Oct 2015
Start Date 18 Jun 2015
End Date 01 Jul 2016
Date of repeal 01 Jul 2016
Repealed by Norfolk Island Continued Laws Amendment Ordinance 2015

 

NORFOLK                            ISLAND

 

 

Provident Account Act 1958

No. 9, 1958

Compilation No. 1

Compilation date:                              18 June 2015

Includes amendments up to:             Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)

Prepared Date:                                 16 September 2015

 

 

 

 

 

 

 

 

 


NORFOLK                            ISLAND

 

 

PROVIDENT ACCOUNT ACT 1958

 

TABLE OF PROVISIONS

         1.      Short title

         2.      Act to have effect notwithstanding Public Moneys Act

         3.      Interpretation

         4.      The Provident Account

      4A.      Official Trustee

         5.      Application of the Provident Account

         6.      Investment of the Provident Account

         7.      Audit

         8.      Contributors to the Provident Account

         9.      Payment of contributions by eligible employees

       10.      Payment of contributions by the Administration

       11.      Separate accounts to be kept

       12.      Interest

       13.      Returns to be furnished

       14.      Payments on retirement

       15.      Payment on death of contributor

       16.      Payment on dismissal of contributor

       17.      Distribution to dependants

       18.      Moneys subject to lien

       19.      Interest not to be assigned

       20.      Payment to the Administration

     . . . .

 


 


 

NORFOLK                            ISLAND

 

 

Provident Account Act 1958

 

An Act to make provision for the payment of benefits on the retirement of officers employed by the Administration of Norfolk Island, and for purposes connected therewith.

 

Short title

      1.         This Act may be cited as the Provident Account Act 1958.

Act to have effect notwithstanding Public Moneys Act

      2.         This Act has effect notwithstanding the provisions of the Public Moneys Act.

Interpretation

      3.         (1)        In this Act , unless the contrary intention appears —

base salary” (subject to the Regulations) means the employee’s base salary under the human resources policy;

“contribution” means a contribution to the Provident Account;

“contributor” means each person who is or was a contributor under this Act;

“contributor’s A account” means the account kept in relation to the contributor under subsection 11(1);

“contributor’s B account” means the account kept in relation to the contributor under subsection 11(2);

“dependant”, in relation to a contributor, means a person who, in the opinion of the Official Trustee, is, or was at the date of death of the contributor, wholly or substantially dependent on the contributor for maintenance;

“eligible employee” means each employee, as defined in subsection 4(1) of the Public Service Act 2014, whose employment is ongoing as defined in paragraph 37(3)(a) of that Act.

“Official Trustee” means the person referred to in subsection 4A(1), and includes a person performing the functions of the Official Trustee under subsection 4A(2) or 4A(3);

“pay day” in respect of an eligible employee means the fortnightly day on which public servants are ordinarily paid;

“Provident Account” means the Norfolk Island Provident Account established by this Act;

“Public Account” means the Public Account of Norfolk Island referred to in section 47 of the Norfolk Island Act 1979;

“Public Moneys Act” means the Public Moneys Act 1979;

“salary” means salary or wages, but does not include allowances, fees allowed as emoluments of office, bonuses or overtime payments;

“service” means continuous service.

. . . .

The Provident Account

      4.         (1)        An account is hereby established, to be known as the Norfolk Island Provident Account.

 


                  (2)        The contributions of contributors and the payments by the Administration under this Act shall be paid into the Provident Account.

                  (3)        Income from the investment of moneys standing to the credit of the Provident Account and moneys derived from the realisation of any of those investments form part of the Provident Account.

                  (4)        Subject to this Act, the Provident Account shall be administered by the Official Trustee.

Official Trustee

     4A.      (1)        The Minister may, on the recommendation of the Legislative Assembly, appoint a public service employee to be —

(a)        the Official Trustee; or

(b)        the Deputy Official Trustee.

                  (2)        The Deputy Official Trustee may act as the Official Trustee if —

(a)        the Official Trustee is absent or unable to discharge official duties; or

(b)        the position of Official Trustee is vacant.

. . . .

                  (5)        The Minister may issue written instructions, not inconsistent with this Act, as to the performance of the functions of the Official Trustee, and the Official Trustee shall comply with the instructions.

                  (6)        The Official Trustee shall, as soon as practicable after 30 June in a year, report in writing to the Minister on the Official Trustee’s administration of this Act, and on the operation of the Provident Account, during the year ending on that date.

                  (7)        As soon as practicable after receiving a report under subsection 4A(6), the Minister  —

(a)        so far as is practicable, shall cause a copy or summary of the report to be provided to each person who was a contributor during the period to which the report relates; and

(b)        shall cause a copy of the report to be provided to the Speaker of the Legislative Assembly.

                  (8)        As soon as practicable after receiving under paragraph 4A(7)(b) a copy of a report by the Official Trustee, the Speaker shall lay the copy of the report before the Legislative Assembly.

Application of the Provident Account

      5.         The moneys standing to the credit of the Provident Account and the investments representing any of those moneys shall be applied by the Official Trustee for the payment of the benefits provided by this Act.

Investment of the Provident Account

      6.         (1)        Moneys standing to the credit of the Provident Account not immediately required for the purpose of section 5 shall be invested by the Official Trustee —

(a)        in securities of, or guaranteed by, the Commonwealth or a State;

(b)        on deposit in a bank; or

. . . .

                  (2)        Moneys standing to the credit of the Provident Account but not invested under subsection 6(1) shall be lodged at call with a bank approved by the Official Trustee.


 

                  (3)        Cheques drawn on the account with a bank shall be signed by the Official Trustee and countersigned by a public service employee authorised in writing by the Minister to countersign such cheques.

Audit

            (1)        The accounts relating to the Provident Account are subject to inspection and audit as provided in this section.

            (2)        The Official Trustee shall appoint a person or firm to be the auditor of the Provident Account.

            (3)        A person or firm is not able to be appointed under subsection (2) unless the person, or at least one member of the firm, is, or is deemed to be, registered as an auditor (in this section called a registered auditor) ¾

            (a)        under the Corporations Act 2001 (Commonwealth); or

            (b)        under Division 3 of Part 3 of the Companies Act 1985.

            (4)        The appointment of a firm as the auditor shall be deemed to be an appointment of each member of the firm who, at the date of appointment, is a registered auditor.

            (5)        A person or firm must not be appointed as auditor if the person or a member of the firm, or if the spouse or other domestic partner of such person or member (whether or not the member is a registered auditor) is an eligible employee.

            (6)        The auditor shall at least once in each year inspect and audit the accounts of the Provident Account and shall draw the attention of the Official Trustee to any irregularity disclosed by the inspection and audit that is, in the opinion of the auditor, of sufficient importance to justify the auditor so doing.

            (7)        The auditor shall, at least once in each year, prepare, and give to the Official Trustee and the Minister, a report on the inspection and audit carried out under subsection (6).

            (8)        The costs and fees of the auditor of and in connection with an audit carried out under this section are a charge upon and shall be paid from the income of the Provident Account.

Contributors to the Provident Account

      8.         (1)        Subject to this Act, an eligible employee must contribute to the Provident Account on each pay day.

                  (2)        The Minister may, by instrument in writing, exempt from the provisions of subsection 8(1) an eligible employee who has applied in writing to the Official Trustee to be so exempted.

                  (3)        A person —

(a)        who has a vested or contingent right to a pension, superannuation allowance or gratuity under a law of the Commonwealth or a State or Territory relating to the payment of superannuation benefits; or

(b)        who has been paid a gratuity under any such law;

(c)        who is on a fixed term employment contract and chooses not to contribute to the Provident Account and instead agrees to payment in the form of an agreed gratuity,

shall not be required or permitted to contribute to the Provident Account.

                  (4)        A refund of —

(a)        the contributions paid under any such law; or

(b)        those contributions together with interest on those contributions,

shall, for the purposes of subsection 8(3), be deemed not to be a gratuity.

Payment of contributions by eligible employees

      9.         (1)        An eligible employee must, in respect of a pay day, contribute to the Provident Account an amount equal to 5% of the base salary payable to that employee at the date of that pay day.

                  (2)        A contribution referred to in subsection 9(1) may be deducted from the employee’s salary.

                  (3)        An employee —

(a)        on leave without pay;

(b)        on leave at less than full pay,

is eligible, but not liable, to contribute to the Provident Account in respect of a pay day during that period an amount not greater than 5% of the base salary payable to that employee at the date of that pay day.

Payment of contributions by the Administration

      10.       (1)        The Administration must, in respect of each pay day of an eligible employee, contribute to the Provident Account —

(a)        if the period of continuous service of the eligible employee does not exceed 12 years —100%; or

(b)        if the period of continuous service of the eligible employee exceeds 12 years but does not exceed 18 years — 130%; or

(c)        if the period of continuous service of the eligible employee exceeds 18 years —160%,

of the amount contributed by the eligible employee in respect of that pay day.

                  (2)        A contribution must be paid by the Administration within 30 days of the pay day in respect of which it is payable.

                  (3)        Subsection 10(1) does not apply in respect of an amount contributed by an employee under subsection 9(3).

Separate accounts to be kept

      11.       (1)        A separate account shall be kept, in relation to each contributor, of the moneys in the Provident Account representing the contributions of that contributor.

                  (2)        A separate account shall be kept, in relation to each contributor, of the moneys in the Provident Account representing the contributions of the Administration in respect of that contributor.

Interest

      12.       (1)        As soon as practicable after each 30 June and each 31 December, the Official Trustee shall, subject to subsection 12(3), cause to be credited to each account kept in pursuance of section 11 the just share of that account, calculated in accordance with the formula set out in subsection 12(2), in the income from the investment of moneys standing to the credit of the Provident Account during the period of 6 months ended on that 30 June or that 31 December, as the case may be.

                  (2)        For the purpose of subsection 12(1), the formula is C x 1 where —       

      P 

‘C’       is the amount standing to the credit of the contributor’s A account or the amount standing to the credit of the contributor’s B account, as the case requires;

‘I’        is the amount of income earned by the Provident Account in the 6 months ending on 30 June or 31 December, as the case requires; and

‘P’       is the sum of the amounts standing to the credit of the accounts kept in pursuance of section 11.

                  (3)        Where an amount ascertained in accordance with the formula set out in subsection 12(2) consists of a whole number of cents and a fraction of a cent, the amount to be credited to the contributor’s A account or the contributor’s B account, as the case may be, is the whole number of cents and the fraction of a cent shall be added to the income of the Provident Account for the next succeeding period of 6 months.

Returns to be furnished

      13.       As soon as practicable after each 30 June and each 31 December the Official Trustee shall furnish to each contributor particulars of the respective amounts standing to the credit of the contributor’s A account and the contributor’s B account.

Payments on retirement

      14.       (1)        Subject to this Act, where a contributor retires, is retired or resigns before he has completed 6 years service, an amount equal to the amount standing to the credit of the contributor’s A account is payable to the contributor.

                  (1A)     For the purposes of subsection 14(1), a person will not be taken to retire, be retired or resign if, at the time of that retirement or resignation, there is an agreement in place for the re-employment of that person.

                  (2)        Where a contributor retires, is retired or resigns before he has completed 6 years service and the Minister is satisfied that he retired, was retired or resigned —

(a)        on the ground that by reason of physical or mental infirmity he was unable to discharge or incapable of discharging the duties of his office efficiently; or

(b)        by reason of the invalidity of a dependant who habitually resided with him on Norfolk Island,

an amount equal to the amount standing to the credit of the contributor’s A account is payable to the contributor and, with the approval of the Minister, such further amount as the Official Trustee determines, being an amount not greater than the amount standing to the credit of the contributor’s B account, is also payable to the contributor.

                  (3)        Subject to this Act, where a contributor retires, is retired or resigns on or after completing 6 years service, an amount equal to the sum of the amounts standing to the credit of the contributor’s A account and the contributor’s B account is payable to the contributor.

. . . .

                  (5)        In this section, “service” means service after 1 March 1941.

Payment on death of contributor

      15.       (1)        Where a contributor dies before retirement, the relevant person shall be paid the greater of —

(a)        $400; or

(b)        the sum of the amounts standing to the credit of the contributor’s A account and the contributor’s B account.

                  (2)        In subsection 15(1), “relevant person”, in relation to a deceased contributor, means —

(a)        if the contributor is survived by a dependant - the dependant;

(b)        if the contributor is not survived by a dependant - the personal representative of the contributor; or

(c)        if there is no personal representative of a contributor who is not survived by a dependant - a person determined by the Official Trustee.

                  (3)        The receipt of a relevant person referred to in subsection 15(2) is a full discharge of the liability of the Provident Account or the Administration to pay money under this Act in respect of the contributor in relation to whom the receipt was given.

                  (4)        Where $400 is payable in accordance with paragraph 15(1)(a) in respect of a deceased contributor, the Administration may expend from the Public Account the amount of money by which $400 exceeds the sum of the amounts referred to in paragraph 15(1)(b) in relation to the contributor.

Payment on dismissal of contributor

      16.       Where a contributor is dismissed, an amount equal to the amount standing to the credit of the contributor’s A account is payable to the contributor.

Distribution to dependants

      17.       Where a sum is payable under this Act to the dependant of a contributor and there is more than one such dependant, the sum shall be distributed among the dependants of the contributor in such proportions as the Official Trustee determines.

Moneys subject to lien

      18.       (1)        The Official Trustee may deduct from an amount payable under this Act to a contributor, or to another person in relation to a contributor, an amount payable by the contributor to the Administration.

                  (2)        Where an amount deducted under subsection 18(1) was not an amount in respect of contributions under this Act, the amount shall be debited to the Provident Account and credited to the Public Account.

Interest not to be assigned

      19.       Subject to section 18, a benefit payable under this Act, or the possibility of such a benefit, shall, prior to the actual receipt of the benefit, be absolutely inalienable whether by means of, or in consequence of, sale, assignment, charge, execution or otherwise, and moneys payable under this Act on the death of a contributor shall not be assets for the payment of the debts or liabilities of the contributor.

Payment to the Administration

      20.       Where, in accordance with this Act, the whole or a part of an amount standing to the credit of a contributor’s B account is not paid in relation to the contributor, the amount or part shall be paid by the Official Trustee to the Public Account.

. . . .

NOTES

The Provident Account Act 1958 as shown in this consolidation comprises Act No. 9 of 1958 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Provident Account Act 1958

9, 1958

5.2.59

21

 

 

 

 

Provident Account Act 1968

6, 1968

17.10.68

4

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

 

 

 

 

Provident Account (Amendment) Act 1978

7, 1978

9.6.78

 

 

 

 

 

Provident Account (Amendment) Act 1979

12, 1979

7.8.79

 

 

 

 

 

Provident Account (Amendment) Act 1985

17, 1985

25.7.85

 

 

 

 

 

Provident Account Amendment Act 1988

17, 1988

1.9.88

16

 

 

 

 

Statutes Amendment (Public Sector Management) Act 1999

9, 2000

9.3.01

 

 

 

 

 

Provident Account (Amendment) Act 2011

1, 2011

28.1.2011

 

 

 

 

 

 

[Previously consolidated as at 30 January 2011]

 

 

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout — Commonwealth Minister for Minister; and executive member for Minister]

14, 2012

28.12.2012

 

 

 

 

 

 

 

[Previously consolidated as at 12 June 2013]

 

 

 

 

 

 

Provident Account (Amendment) Act 2014

12, 2014

3.10.14

 

 

 

 

[Previously consolidated as at 29 October 2014]

 

 

 

Public Service Act 2014

11, 2014

Sch 3 (item 1): 23 Dec 2014

 

 

 

 

 

Ordinance

FRLI registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015  (No. 2, 2015)

17 June 2015 (F2015L00835)

Sch 1 (items 259, 260, 344, 345): 18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345)

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected

How affected

1

am

6, 1968; 11, 1976

2

rs

12, 1979

3

am

12, 1979; 17, 1985; 17, 1988; 9, 2000; 1, 2011; 11, 2014

4

am

12, 1979; 17, 1988;

 

rep

9, 2000

4A

ad

17, 1988

 

am

9, 2000; Ord No 2, 2015

5

am

17, 1988; 9, 2000

6

am

12, 1979; 17, 1988; 9, 2000

7

am

17, 1988

 

rs

12, 2014

8

am

12, 1979; 17, 1988; 9, 2000; 1, 2011;

9

am

7, 1978; 17, 1988; 9, 2000

10

am

6, 1968; 17, 1988; 7, 1978; 12, 1979; 17, 1985; 9, 2000

12

rs

6, 1968;

 

am

17, 1988

13

am

17, 1988

14

am

12, 1979; 17, 1988; 9, 2000

15

am

7, 1978

 

rs

17, 1988

16

am

12, 1979; 17, 1988

17

am

12, 1979; 17, 1988

18

am

12, 1979; 17, 1985; 17, 1988

19

am

17, 1988

20

rs

17, 1988

21

rep

7, 1978