{"id":"F2022L01196","name":"Australian Prudential Regulation Authority (confidentiality) determination No. 3 of 2022","slug":"australian-prudential-regulation-authority-confidentiality-determination-no-3-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102636,"registerId":"commonwealth-F2022L01196-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Interpretation","sectionType":"part","heading":"Interpretation","content":"## Interpretation\n\nIn this determination\n\nAPRA means the Australian Prudential Regulation Authority.\n\nMySuper product means a MySuper product within the meaning given in section 10(1) of the Superannuation Industry (Supervision) Act 1993.\n\nreporting document means a reporting document within the meaning of section 13 of the\n\nFinancial Sector (Collection of Data) Act 2001.","sortOrder":0},{"sectionNumber":"Schedule","sectionType":"part","heading":"Schedule","content":"# Schedule\n\nPart 1 Reporting documents covered by this determination in their entirety\n\nPart 1 of the Schedule of this determination applies to all of the information in the following reporting forms given to APRA by a financial sector entity where a period of at least 14 days has elapsed from the date the financial sector entity was required to provide the information under the reporting standard containing the reporting forms:\n\n```html\n

Reporting standard

Reporting form

SRS 251.0 Insurance

SRF 251.0 Insurance arrangements

SRF 251.1 Insurance coverage

SRF 251.2 Insurance payments

SRF 251.3 Insurance premiums

SRS 606.0 RSE Profile

SRF 606.0 RSE Profile

SRS 611.0 Member Accounts

SRF 611.0 Member Accounts

SRS 705.0 Components of Net Return

SRF 705.0 Components of Net Return

SRS 706.0 Fees and Costs

SRF 706.0 Fees and Costs Disclosed

\n```","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Reporting documents covered by this determination in part","content":"# Part 2 Reporting documents covered by this determination in part\n\nPart 2 of the Schedule of this determination applies to information in the following parts of reporting forms given to APRA by a financial sector entity where a period of at least 14 days has elapsed from the date the financial sector entity was required to provide the information under the reporting standards containing the reporting forms:","sortOrder":2},{"sectionNumber":"Reporting forms and reporting standards","sectionType":"division","heading":"Reporting forms and reporting standards","content":"### Reporting forms and reporting standards\n\n```html\n

Reporting standard

Reporting form

SRS 550.0 Asset Allocation

SRF 550.0 Asset Allocation

SRF 550.1 Investment and Currency Expense

SRF 550.2 Derivates and Counterparties

SRS 605.0 RSE Structure

SRF 605.0 RSE Structure

SRS 705.1 Investment Performance and Objectives

SRF 705.1 Investment Performance and

Objectives

\n```\n\nParts of reporting forms covered by this determination\n\nSpecific parts of each of the above reporting forms to which this determination does, and does not apply, is specified below:","sortOrder":3},{"sectionNumber":"SRS 705.1 Investment Performance and Obj","sectionType":"part","heading":"SRS 705.1 Investment Performance and Objectives","content":"## SRS 705.1 Investment Performance and Objectives\n\n| Reporting form and table | Classifications covered by this determination | Classifications not covered by this determination |\n| -------------------------------- | -------------------------------------------------- | --------------------------------------------------- |\n| SRF 705.1 table 2,columns 9 – 10 | All where information relates to a MySuper product | None where information relates to a MySuper product |","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination appears to be operating within its intended scope as a confidentiality instrument. It specifies disclosure permissions for specific reporting forms without expanding beyond the original purpose of regulating APRA's information sharing powers under the Financial Sector (Collection of Data) Act 2001."},"complexity_factors":["Multiple nested conditions: disclosure allowed only after 14 days AND only for specific forms AND (for Part 2) only specific columns/tables","Cross-references to external legislation: Superannuation Industry (Supervision) Act 1993 and Financial Sector (Collection of Data) Act 2001","Technical terminology requiring domain knowledge: MySuper products, RSE (Registrable Superannuation Entity), SRS/SRF reporting standards","Partial coverage logic in Part 2 creates a two-tier system (full vs partial disclosure)","Conditional table in Part 2 with specific column references (columns 9-10) and product-type conditions (MySuper vs non-MySuper)","HTML table markup in source text reduces readability"],"plain_english_summary":"This APRA determination sets when and what reporting information APRA can share with other government agencies: specified insurer and superannuation reporting can be disclosed, but only after at least 14 days from the reporting due date. Some forms may be shared in full, others only in part.\n\nIt affects insurers, super funds, recipient agencies, and indirectly members. The 14‑day delay protects commercial sensitivity; a MySuper‑specific limit narrows disclosures of investment performance for default products."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination designates confidentiality for identified APRA reporting documents and specified parts after a 14‑day delay (see Part 1 and Part 2). It does not amend reporting obligations or the content required by the underlying reporting standards; it only prescribes which returned documents (or parts) become confidential and when. The instrument explicitly covers whole reporting forms listed in Part 1 and specified tables/columns (including a MySuper-related specification) in Part 2."},"complexity_factors":["Time-based condition: confidentiality attaches only after a 14‑day period from the reporting due date (Parts 1 and 2), creating monitoring obligations for reporters.","Granular listing of forms: whole-report coverage for some SRS/SRF forms (Part 1) and partial coverage for others (Part 2) requires line-by-line compliance.","Partial-field specification: coverage of particular tables/columns (eg. SRF 705.1 table 2, cols 9–10) and MySuper-specific carve-outs increases interpretive detail.","Cross-references to other legislation and reporting standards (definitions refer to the Financial Sector (Collection of Data) Act and SIS Act) require users to read multiple instruments together.","Formatting and presentation: the instrument lists covered items via embedded tables and form codes (SRS/SRF), which can be awkward to map to live reporting systems.","Operational burden: entities must track which parts of which reporting forms are confidential and when confidentiality begins.","Limited discretion: the determination prescriptively names forms/parts rather than setting broad criteria, so updates require fresh instruments."],"plain_english_summary":"**This determination makes specified APRA reporting documents (and specified parts of others) confidential once 14 days have passed from the date a financial sector entity was required to provide them to APRA.**\n\nIt affects financial sector entities that submit those forms — firms must monitor the 14‑day timing and which form parts (including MySuper-related columns in SRF 705.1) are covered, limiting public access to the listed data and changing disclosure outcomes for those items."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-3-of-2022","history":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-3-of-2022/history","analysis":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-3-of-2022/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-3-of-2022/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-3-of-2022/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-3-of-2022/documents"}}