Superannuation Orders made under the Crimes (Superannuation Benefits) Act 1989
Note: This is for general information only. It does not give legal advice on the operation of the Crimes (Superannuation Benefits) Act 1989 and should not be relied on as legal advice.
The Criminal Law Branch is responsible for administering the Crimes (Superannuation Benefits) Act 1989. Under that Act, a Commonwealth employee who acts corruptly in the course of his or her duties may be deprived of the Commonwealth funded portion of their superannuation benefits.
Outline of the CSB Act Scheme
Under the CSB Act, the Minister has a discretion to authorise the Commonwealth Director of Public Prosecutions (CDPP) to apply for a superannuation order in relation to a Commonwealth employee who has been:
- convicted of one or more corruption offences (as defined in the CSB Act), and
- sentenced to more than 12 months imprisonment for those offences.
Once authorised, the CDPP must make an application to an appropriate court for the superannuation order. If the court is satisfied that the offence is a corruption offence as defined in the CSB Act, it must make the order.
If granted, a superannuation order prevents the payment, and allows the recovery, of the Commonwealth funded component of the employee’s superannuation benefit. The employee’s personal contributions are not affected.
The public policy behind the CSB Act is that Commonwealth employees who have acted corruptly in the course of their employment should not receive publicly funded benefits.
Role of the Criminal Law Branch
The Criminal Law Branch of the Attorney-General's Department assists the Minister in deciding whether or not to authorise the CDPP to apply for a superannuation order in cases as they arise.