Superannuation (State Public Sector) Regulation 2006

pt hdg ins 2013 Act No. 61s 129

1Short title

This regulation may be cited as the Superannuation (State Public Sector) Regulation 2006.

2Commencement

This regulation commences on 2 September 2006.

2AInterpretation

The dictionary in schedule 2 defines particular words used in this regulation.

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pt 2 (ss 2B–2P) ins 2013 Act No. 61s 131

2BMembership of the board

(1)The Minister must, under section 5 of the Act, appoint—

(a)4 trustees as representing employers (employer trustees); and

(b)4 member representative trustees, of whom 1 is to be nominated by—

(i)the Queensland Police Union; and

(ii)the Queensland Nurses’ Union; and

(iii)the Queensland Teachers’ Union; and

(iv)Together Queensland.

(2)With the board’s written consent, the Minister may also appoint 1 other trustee if, when appointed, the person will be an independent director of the board.

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2CAppointment of trustees

(1)A person may be appointed as a trustee only if the person—

(a)is eligible to be a trustee; and

Note—

See section 2D.

(b)gives written consent for the appointment.

(2)An appointment of a trustee must be made by gazette notice.

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2DEligibility

(1)A person is eligible to be a trustee if the person is—

(a)an adult; and

(b)not a disqualified person; and

(c)appropriately qualified to perform the functions, and exercise the powers, of a trustee.

(2)If a person holding the office of trustee becomes a disqualified person, the person must immediately give written notice to the board that the person is a disqualified person.

(3)In this section—

trustee includes an alternate trustee.

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2ETerm of appointment

(1)A trustee is appointed for the term, of not more than 3 years, stated in the gazette notice.

(2)A trustee may be reappointed.

(3)However, a person must not be appointed if the total of the person’s terms of appointment would be more than 9 years.

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2FVacancy in the office of trustee

(1)The office of a trustee becomes vacant if—

(a)the Minister revokes the trustee’s appointment; or

(b)the trustee—

(i)resigns by signed notice given to the Minister; or

(ii)becomes a disqualified person.

(2)The Minister must not revoke the appointment of a member representative trustee other than on a request by the board under section 2G.

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2GBoard may ask Minister to revoke trustee’s appointment

(1)The board may ask the Minister to revoke a trustee’s appointment—

(a)if the trustee is absent from 3 board meetings in a financial year, of which the trustee has been given notice under procedures approved by the board, without the board’s leave and without reasonable excuse; or

(b)if the board is satisfied the trustee is unable to perform the trustee’s functions because of a physical or mental incapacity; or

(c)if the board is satisfied that, if the trustee remains as a trustee, it is likely the board will not meet the prudential standards under the SIS Act, part 3A that apply to it; or

(d)in the circumstances prescribed under the SIS Act, section 107(2)(a)(ii)(G).

(2)Before asking the Minister to revoke a trustee’s appointment, the board must—

(a)give the trustee a written notice stating—

(i)that the board proposes to ask the Minister to revoke the trustee’s appointment; and

(ii)the reason for making the request; and

(iii)that the trustee may, within a stated reasonable time of not less than 14 days, give the board a written submission about why the board should not make the request; and

(b)have regard to any submissions received from the trustee within the stated time.

(3)Also, before asking the Minister to revoke a member representative trustee’s appointment under subsection (1)(a), (b) or (d), the board must obtain the written approval of the entity that nominated the trustee for appointment.

(4)The Minister must comply with a request from the board under this section.

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2HFilling a vacancy in the office of a trustee

(1)This section applies if the office of a trustee becomes vacant before the end of the term of the trustee’s appointment (the original term).

(2)The Minister must—

(a)for an employer trustee—appoint another person to the office; or

(b)for a member representative trustee—appoint a person nominated by the entity that nominated the trustee whose office has become vacant.

(3)Subject to subsection (4), the Minister must appoint a trustee to fill a vacancy within 90 days after it happens.

(4)If the Minister does not receive a nomination for a vacancy in the office of a member representative trustee from the relevant nominating entity in time to fill the vacancy within 90 days after it happens, the Minister must appoint a trustee to fill the vacancy as soon as practicable after receiving the nomination.

(5)An appointment to fill the vacancy must be for a term ending at the end of the original term.

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2IAlternate trustees

(1)The board may appoint alternate trustees to—

(a)act in the office of a trustee during a vacancy in the office; and

(b)attend board meetings in the place of trustees who are unable to attend the meetings; and

(c)exercise the absent trustees’ powers at the meetings.

(2)However, at any time there must not be more than 2 alternate trustees.

(3)The board must, if it decides to appoint alternate trustees, publish a policy about the role of alternate trustees.

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2JAppointment of alternate trustees

(1)The board may appoint a person as alternate trustee only if the person—

(a)is eligible to be appointed as a trustee; and

Note—

See section 2D.

(b)gives written consent to the appointment.

(2)An alternate trustee must be appointed for a stated term of not more than 3 years.

(3)The office of an alternate trustee becomes vacant if the trustee—

(a)resigns by signed notice given to the chairperson; or

(b)becomes a disqualified person.

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2KChairperson

(1)The Minister must appoint 1 of the trustees as chairperson of the board.

(2)The Minister may appoint a trustee as chairperson only with the trustee’s written consent.

(3)The Minister must consult with the board before making or revoking an appointment of a chairperson.

(4)An appointment under this section must—

(a)be signed by the Minister; and

(b)be for a stated term of not more than 3 years.

(5)The office of chairperson becomes vacant if—

(a)the chairperson’s term of appointment as trustee ends; or

(b)the chairperson resigns the office of chairperson by signed notice given to the Minister; or

(c)the chairperson stops being a trustee.

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2LDeputy chairperson

(1)The trustees may elect one of their number as deputy chairperson of the board if the person consents to the election.

(2)The person elected must be—

(a)if the chairperson is an employer trustee—a member representative trustee; or

(b)if the chairperson is a member representative trustee—an employer trustee.

(3)A person is elected deputy chairperson if at least a quorum of trustees vote for the person to be deputy chairperson.

(4)The office of deputy chairperson becomes vacant if—

(a)the deputy chairperson’s term of appointment as trustee ends; or

(b)the deputy chairperson resigns the office of deputy chairperson by signed notice given to the board; or

(c)the deputy chairperson stops being a trustee; or

(d)the deputy chairperson stops being a person who may be elected under subsection (2).

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2MConduct of business

Subject to the Act and this regulation, the board may conduct its business, including its meetings, in the way it considers appropriate.

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2NTime and place of meetings

(1)Board meetings are to be held at the times and places the board decides.

(2)The chairperson—

(a)may call a meeting at any time; and

(b)must call a meeting on the written request of at least a quorum of trustees.

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2OConduct of meetings

(1)Board meetings are to be presided over by—

(a)if the chairperson is present—the chairperson; or

(b)if the chairperson is not present—the deputy chairperson; or

(c)if neither the chairperson nor the deputy chairperson is present—another trustee chosen by the trustees who are present.

(2)A resolution is passed at a board meeting only if at least a quorum of trustees vote in favour of it.

(3)A trustee present at a meeting who abstains from voting is taken to have voted for the negative.

(4)The board may hold meetings, or permit trustees to take part in meetings, by telephone, video link, or another form of communication that allows reasonably contemporaneous and continuous communication between the trustees taking part in the meeting.

(5)A trustee who takes part in a meeting under subsection (4) is taken to be present at the meeting.

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2PResolutions other than at meetings

(1)A resolution may be made by the board other than at a board meeting if—

(a)at least a quorum of trustees give written agreement to the resolution; and

(b)notice of the resolution is given under procedures approved by the board.

(2)The resolution is taken to have been made as soon as the number of trustees who have given written agreement to the resolution is at least a quorum.

pt 2 (ss 2B–2P) ins 2013 Act No. 61s 131

pt hdg ins 2013 Act No. 61s 131

6Declared expressions—Act, s 21(2)

The following expressions, associated with the scheme, are declared to be expressions to which the Act, section 21, applies—

(a)QSuper;

(b)RailSuper.

s 6 (prev s 5) renum 2007 SL No. 197s 3

amd 2017 SL No. 105 s 15

pt 4 (s 7) ins 2013 Act No. 61s 134

7Particular persons may hold office as trustee for more than 9 years

(1)This section applies to a person who held office as a trustee immediately before the commencement of this section.

(2)Despite section 2E(3), the Minister may reappoint the person as a trustee even if—

(a)the total of the person’s terms of appointment as trustee is more than 9 years; or

(b)the appointment will mean the total of the person’s term of appointment will be more than 9 years.

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section 2A

chairperson means the trustee holding office as the chairperson under section 2K.

employer trustee means a trustee mentioned in section 2B(1)(a).

disqualified person has the meaning given under the SIS Act, section 120.

independent director has the meaning given under the SIS Act, section 10(1) and (2).

member representative trustee means a trustee mentioned in section 2B(1)(b).

quorum, of trustees, means, at any particular time, the number that is two-thirds of the total number of trustees holding office at the time.

sch 2 ins 2013 Act No. 61 s 136