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Superannuation (Super Guarantee) in South Australia

Source: Superannuation Guarantee (Administration) Act 1992 (Cth); Superannuation Guarantee Charge Act 1992 (Cth)

Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Australian Federal Law

What is this right?

Superannuation (super) is money your employer must pay into a retirement fund for you, on top of your wages. Under the Superannuation Guarantee (SG), employers must contribute at least 12% of your ordinary time earnings (since 1 July 2025) into your nominated super fund.

Key rules about super:

  • There is no minimum earnings threshold — all employees are entitled to SG contributions regardless of how much they earn (since 1 July 2022).
  • Super must be paid at least every quarter, by the 28th day of the month after the quarter ends.
  • If your employer doesn't pay on time, they owe the Superannuation Guarantee Charge (SGC), which includes the unpaid super plus interest and an administration fee.
  • You can choose your own super fund in most cases (called choice of fund).

Your employer must also pay super for most casual, part-time, and temporary employees, including those on working visas.

When does it apply?

  • You are an employee (full-time, part-time, or casual) aged 18 or over, or under 18 and working more than 30 hours per week.
  • This applies regardless of whether you are a temporary resident, permanent resident, or citizen.
  • Independent contractors are generally not covered, unless they are paid mainly for their labour (not a result or product).

What to Do If Your Australian Employer Is Not Paying Your Superannuation

  • Check your super is being paid by logging into your super fund's online portal or the ATO's myGov account.
  • Give your employer a Standard Choice Form to nominate your preferred super fund.
  • If super is not being paid, talk to your employer first — it may be an administrative error.
  • If the problem continues, report unpaid super to the ATO online or by calling 13 10 20. Reports can be made anonymously.

What should you NOT do?

  • Don't ignore unpaid super — compound interest means even small missed payments cost you significantly over time.
  • Don't agree to have super included in your hourly rate unless your contract explicitly states the rate is "inclusive of super" — otherwise, super must be paid on top.
  • Don't assume you're not eligible because you're casual, part-time, or on a visa. Almost all employees are covered.
South Australia Law

How South Australia differs from federal law

Superannuation is governed by Commonwealth law — the Superannuation Guarantee (Administration) Act 1992 requires employers to contribute a percentage of ordinary time earnings (currently 11.5%) to an employee's super fund. SA Government employees have access to Super SA.

  • Super SA administers several superannuation schemes for SA Government employees: the SA Ambulance Service Superannuation Scheme, the Lump Sum Scheme, the Southern State Superannuation Scheme (Triple S), and the older pension schemes which are closed to new members.
  • The Triple S scheme is the default fund for new SA Government employees. It is an accumulation scheme (not defined benefit) and is governed by the Southern State Superannuation Act 2009 (SA).
  • SA police officers are covered by the Police Superannuation Scheme under the Police Superannuation Act 1990 (SA), which provides defined benefits reflecting the demands of policing.
  • For private-sector workers in SA, standard Commonwealth choice-of-fund rules apply. If you do not choose a fund, your employer must pay into your stapled super fund or the default fund under the applicable award.

Additional Steps in South Australia

Check your super balance through myGov linked to the ATO. Report unpaid super to the ATO (ato.gov.au). SA Government employees contact Super SA (supersa.sa.gov.au) or call 1300 369 315.

Relevant Law: Superannuation Guarantee (Administration) Act 1992 (Cth); Southern State Superannuation Act 2009 (SA); Police Superannuation Act 1990 (SA); Superannuation Act 1988 (SA)

Common Questions

When does superannuation (super guarantee) apply?

You are an employee (full-time, part-time, or casual) aged 18 or over, or under 18 and working more than 30 hours per week.This applies regardless of whether you are a temporary resident, permanent resident, or citizen.Independent contractors are generally not covered, unless they are paid mainly for their labour (not a result or product).

What should I do if my employer in Australia is not paying my superannuation contributions?

Check your super is being paid by logging into your super fund's online portal or the ATO's myGov account.Give your employer a Standard Choice Form to nominate your preferred super fund.If super is not being paid, talk to your employer first — it may be an administrative error.If the problem continues, report unpaid super to the ATO online or by calling 13 10 20. Reports can be made anonymously.

What mistakes should I avoid with superannuation (super guarantee)?

Don't ignore unpaid super — compound interest means even small missed payments cost you significantly over time.Don't agree to have super included in your hourly rate unless your contract explicitly states the rate is "inclusive of super" — otherwise, super must be paid on top.Don't assume you're not eligible because you're casual, part-time, or on a visa. Almost all employees are covered.

Superannuation (Super Guarantee) in other states

Same topic, different jurisdiction. Pick the one that applies to you.

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