Crimes superannuation benefits
The Crimes (Superannuation Benefits) Act 1989 (Cth) enables for the forfeiture and recovery of employer-funded superannuation benefits from Australian Government employees who have been convicted of a corruption offence(s) and sentenced to more than twelve months imprisonment.
The public policy behind the Act is that Australian Government employees should not receive publicly funded superannuation benefits in circumstances where they have acted corruptly in the course of their duties.
The Act applies to persons who were Australian Government employees at the time of the commission of the corruption offences. It does not apply to Australian Federal Police (AFP) employees. Similar provisions apply to AFP employees under the Australian Federal Police Act 1979 (Cth).
A corruption offence is one which:
- involved an abuse by the person of his or her office
- was committed for a purpose that involved corruption
- was committed for the purpose of perverting, or attempting to pervert the course of justice.
A superannuation order is a court order preventing the payment of the Commonwealth component of the employees' superannuation. The person's personal contributions are not affected. The amount specified in the superannuation order becomes a debt due to the Commonwealth.
For more information contact the Commonwealth Parole Office.
Policy guiding decisions under the Crimes (Superannuation Benefits) Act 1989
The policy provides guidance on the factors that the Attorney-General will take into account when deciding whether to authorise the Commonwealth Director of Public Prosecutions to apply to a court for a superannuation order against a Commonwealth employee under the Crimes (Superannuation Benefits) Act 1989. It also outlines the process that we will follow to ensure that any potentially affected employee is afforded procedural fairness.