{"id":"F2025L00281","name":"Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025","slug":"f2025l00281","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":330406,"registerId":"commonwealth-F2025L00281-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsections 62(1), 70(1) and 79(1) of the Family Law (Superannuation) Regulations 2025.\n\n> Note: See also:\n\n    (a) paragraph 90XT(2)(a), subparagraph 90XT(1)(a)(i) and subsection 90XT(3) of the Family Law Act 1975; and\n    (b) paragraph 90YY(2)(a), subparagraph 90YY(1)(a)(i) and subsection 90YY(4) of that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: Expressions used in this instrument have the same meaning as in the Act and the Regulations (see paragraph 13(1)(b) of the Legislation Act 2003). Some examples are the following, which are defined in Part VIIIB or VIIIC of the Act or in the Regulations:\n\n    (a) eligible superannuation plan;\n    (b) growth phase;\n    (c) member spouse;\n    (d) operative time;\n    (e) payment phase;\n    (f) payment split;\n    (g) spouse;\n    (h) superannuation interest;\n    (i) trustee.\n  In this instrument:\n\n> 2001 Regulations has the meaning given by subsection 7(1).\n\n> Act means the Family Law Act 1975.\n\n> old approval instrument means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\n> Note: The old approval instrument was repealed by this instrument on 1 April 2025.\n\n> Regulations means the Family Law (Superannuation) Regulations 2025.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Methods or factors","content":"## Part 2—Methods or factors","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Approval of methods or factors for valuing particular superannuation interests","content":"#### 5 Approval of methods or factors for valuing particular superannuation interests\n\n  (1) The methods or factors that:\n    (a) are specified in a provision of a Schedule to this instrument that applies to a superannuation interest; and\n    (b) are to be used to determine the gross value of the superannuation interest;\n  are approved for the superannuation interest.\n  (2) The approval is for the purposes of:\n    (a) if the provision expressly applies to superannuation interests in the growth phase—subsection 62(1) of the Regulations; or\n    (b) if the provision expressly applies to superannuation interests in the payment phase—subsection 70(1) of the Regulations; or\n    (c) in any other case—subsections 62(1) and 70(1) of the Regulations.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Approval of transition factor (or methods to be used for determining the transition factor) for determining the amount the non‑member spouse is entitled to be paid in relation to a superannuation interest","content":"#### 6 Approval of transition factor (or methods to be used for determining the transition factor) for determining the amount the non‑member spouse is entitled to be paid in relation to a superannuation interest\n\n  (1) This section applies for a superannuation interest for which one or more methods or factors are approved under section 5.\n  (2) For the purposes of subsection 79(1) of the Regulations:\n    (a) if a provision of a Schedule to this instrument specifies the transition factor, or one or more methods for determining the transition factor, that is to be used to determine the amount a non‑member spouse is entitled to be paid in relation to the superannuation interest—that transition factor, or those methods, are approved for the superannuation interest; or\n    (b) otherwise—a transition factor of 1 is approved for the superannuation interest.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"References in this instrument to the 2001 Regulations","content":"#### 7 References in this instrument to the 2001 Regulations\n\n  (1) A reference in this instrument to the 2001 Regulations is a reference to the Family Law (Superannuation) Regulations 2001 as in force on 31 March 2025.\n  (2) Subsection (1) is a contrary intention to the operation of paragraphs 10(b) and (c) of the Acts Interpretation Act 1901 and paragraph 13(1)(a) of the Legislation Act 2003.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 3—Application, saving and transitional provisions","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Saving—methods or factors for old agreements or orders relating to superannuation interests in the PCSS","content":"#### 9 Saving—methods or factors for old agreements or orders relating to superannuation interests in the PCSS\n\n  (1) This section applies to an agreement or court order made:\n    (a) under Part VIIIB or VIIIC of the Family Law Act 1975 on or before 28 September 2023; and\n    (b) in relation to a superannuation interest in the retirement scheme constituted by the Parliamentary Contributory Superannuation Act 1948.\n  (2) Despite the repeal of the old approval instrument, Part 5 of Schedule 1 to the old approval instrument, as in force on 28 September 2023, continues to apply on and after 1 April 2025 in relation to determining the gross value of the superannuation interest, whether the operative time in relation to the relevant payment split is before, on or after 29 September 2023.\n\n> Note: This section preserves the effect of regulation 5 of the old approval instrument.","sortOrder":9}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This is a direct replacement of the 2003 Approval instrument, updated to reference the new 2025 Regulations. The scope remains tightly focused on its original purpose: providing approved valuation methodologies for superannuation interests in family law proceedings. The saving provision for parliamentary superannuation (PCSS) maintains continuity for existing agreements without expanding the instrument's scope."},"complexity_factors":["Heavy cross-referencing to primary legislation (Family Law Act 1975, Family Law (Superannuation) Regulations 2025) and repealed instruments (2001 Regulations, 2003 Approval)","Nested conditional logic in sections 5 and 6 requiring readers to match superannuation interest types against multiple Schedule provisions","Technical terminology requiring knowledge of superannuation phases ('growth phase', 'payment phase') and family law concepts ('operative time', 'payment split', 'non-member spouse')","Temporal complexity with multiple operative dates (1 April 2025, 28 September 2023, 29 September 2023) and saving provisions for old parliamentary superannuation schemes","Contrary intention provision in section 7(2) that explicitly overrides standard statutory interpretation rules from the Acts Interpretation Act 1901 and Legislation Act 2003","Dependent on unread Schedules (referenced but not provided) which contain the actual mathematical methods and factors"],"plain_english_summary":"This instrument sets the approved formulas and factors for converting diverse superannuation interests into a dollar value when couples separate. It tells family lawyers, super fund trustees and separating spouses which valuation and conversion methods must be used, creating a uniform national standard so payouts are consistent and disputes over differing fund calculations are minimised."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument replaces the 2003 approval instrument but narrows continuity by expressly repealing the old instrument while preserving only Part 5 of its Schedule 1 for Parliamentary Contributory Superannuation Scheme agreements/orders made on or before 28 September 2023 (s.4 note; s.9). It centralises new approved valuation methods and any specified transition‑factor methods in its own Schedules (s.5, s.6), establishes a default transition factor of 1 where Schedules are silent (s.6(2)(b)), and clarifies that references to the 2001 Regulations mean their form as at 31 March 2025 (s.7), shifting scope from the old instrument to the new Schedule‑based regime."},"complexity_factors":["Heavy cross‑references to the Family Law Act 1975 and multiple provisions of the Family Law (Superannuation) Regulations (s.3; s.5(2) refers to ss.62 and 70 of the Regulations; s.6 refers to s.79).","Substantive rules are contained in Schedules (not provided in source), so the instrument’s operative detail depends on external schedule content (s.5(1)).","Defaulting and conditional rules for the transition factor: a specified transition factor/method in a Schedule overrides the general default of 1 (s.6(2)).","Saving and transitional carve‑out preserving Part 5 of the old approval instrument for PCSS agreements/orders made on or before 28 Sep 2023 — creates parallel regimes (s.9).","Express re‑interpretation of references to the 2001 Regulations as at 31 March 2025, overriding normal statutory interpretation rules (s.7).","Definitions rely on terms in the Act and Regulations (s.4) so meaning depends on external instruments and timing of their versions.","Repeal of the old approval instrument (not fully reproduced) increases reliance on historical versions and transitional provisions for past agreements (note after s.4 and s.9)."],"plain_english_summary":"This instrument approves the specific methods and factors (set out in its Schedules) for valuing superannuation interests under the Family Law Regulations and approves how the ‘transition factor’ used to calculate what a non‑member spouse is paid is determined—defaulting to 1 unless a Schedule specifies otherwise. It repeals the 2003 approval instrument but preserves Part 5 of that old instrument for agreements or orders about the Parliamentary Contributory Superannuation Scheme made on or before 28 September 2023."}},"importantCases":[],"_links":{"self":"/api/acts/f2025l00281","history":"/api/acts/f2025l00281/history","analysis":"/api/acts/f2025l00281/analysis","conflicts":"/api/acts/f2025l00281/conflicts","importantCases":"/api/acts/f2025l00281/important-cases","documents":"/api/acts/f2025l00281/documents"}}