{"id":"F2004B00036","name":"Family Law (Superannuation) (Provision of Information - Commonwealth Superannuation Scheme) Determination 2004","slug":"family-law-superannuation-provision-of-information-commonwealth-superannuation-scheme-determination-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31243,"registerId":"commonwealth-F2004B00036-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Provision of Information - Commonwealth Superannuation Scheme) Determination 2004","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004\n\nas amended\n\nmade under subregulation 64 (7) of the\n\nFamily Law (Superannuation) Regulations 2001\n\nThis compilation was prepared on 1 February 2008 \ntaking into account amendments up to Family Law (Superannuation) \n(Provision of Information — Commonwealth Superannuation Scheme) \nAmendment Determination 2008 (No. 1)\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Name of Determination \\[see Note 1\\]\n\n2 Commencement \\[see Note 1\\]\n\n3 Definitions\n\n4 Application of Determination\n\n5 Provision of information by trustee — growth phase interests\n\n6 Provision of information by trustee — payment phase interests\n\nNotes\n\n1 Name of Determination \\[see Note 1\\]\n\nThis Determination is the Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004.\n\n2 Commencement \\[see Note 1\\]\n\nThis Determination commences on the date of its notification in the Gazette.\n\n3 Definitions\n\n(1) In this Determination:\n\n> Act means the Superannuation Act 1976.\n\n> CSS means the Commonwealth Superannuation Scheme established by the Act.\n\n> CSS Board means the board established by section 27A of the Act.\n\n> CSS table means the table in clause 2 of Part 1 of Schedule 1 to the Methods and Factors Approval.\n\n> Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\n> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n(2) An expression used in this Determination and in section 3 or 146MA (whichever is applicable) of the Act has the same meaning in this Determination as it has in the applicable section of the Act.\n\n(3) For this Determination, a reference to ‘the relevant date’:\n\n(a) in the description of a kind of superannuation interest in the Methods and Factors Approval mentioned in column 2 of an item of the table in section 5; or\n\n(b) in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6;\n\nis to be read as if it were a reference to ‘the appropriate date’.\n\n4 Application of Determination\n\nThis Determination applies in relation to a superannuation interest in the CSS for which a method and factors have been approved under Part 1 of Schedule 1 to the Methods and Factors Approval.\n\n5 Provision of information by trustee — growth phase interests\n\nIn relation to a superannuation interest mentioned in an item in the following table that was in the growth phase at the appropriate date:\n\n(a) for paragraph 64 (7) (a) of the Regulations, the trustee of the CSS is not required to provide the information about the interest mentioned in column 3 of the item; and\n\n(b) for paragraph 64 (7) (b) of the Regulations, the trustee of the CSS must provide the information about the interest mentioned in column 4 of the item.\n\n| Item | Superannuation interest | Information not required to be provided | Information that must be provided |\n| ---- | ------------------------------------------------- | ----------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 1 | An interest mentioned in item 1 of the CSS table | The information mentioned in paragraphs 64 (4) (a), (b) and (d) to (i) of the Regulations | The information mentioned in the definitions of the following factors in item 1 of the CSS table:(a) ABC;(b) ASC;(c) PCI;(d) AP;(e) SG;(f) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employeeWhether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest |\n| | | | Any period when the person who has the interest was, while an eligible employee, on a period of leave of absence without pay for a period longer than 12 weeks (other than an excluded period of leave of absence within the meaning of subsection 51 (2) of the Act) |\n| 2 | An interest mentioned in item 2 of the CSS table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The information mentioned in the definitions of the following factors in item 2 of the CSS table:(a) ABC;(b) ASC;(c) PCI;(d) P;(e) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employee |\n| | | | Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest |\n| 3 | An interest mentioned in item 3 of the CSS table | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The information mentioned in the definitions of the following factors in item 3 of the CSS table:(a) ABC;(b) ASC;(c) PCI;(d) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employeeWhether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest |\n| 4 | An interest mentioned in item 4 of the CSS table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The information mentioned in the definitions of the following factors in item 4 of the CSS table:(a) ABC;(b) ASC;(c) PCI;(d) MTV;(e) TTV;(f) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employeeWhether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest |\n| 5 | An interest mentioned in item 5 of the CSS table | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The information mentioned in the definitions of the following factors in item 5 of the CSS table:(a) NIP;(b) PCI;(c) P;(d) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employeeWhether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interestWhether the person who has the interest has made an election under section 110TBA of the Act |\n| 6 | An interest mentioned in item 6 of the CSS table | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The information mentioned in the definitions of the following factors in item 6 of the CSS table:(a) PCI;(b) P;(c) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employeeWhether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest |\n| | | | Whether the person who has the interest has made an election under section 110TBA of the Act |\n| 7 | An interest mentioned in item 7 of the CSS table | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The information mentioned in the definitions of the following factors in item 7 of the CSS table:(a) ABC;(b) ASC;(c) PCI;(d) P;(e) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employeeWhether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest |\n| 8 | An interest mentioned in item 8 of the CSS table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The information mentioned in the definitions of the following factors in item 8 of the CSS table:(a) ABC;(b) ASC;(c) PCI;(d) AP;(e) AS;(f) ERDAThe date of birth of the person who has the interestThe date of the last occasion when the person became an eligible employeeWhether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interestThe date when the person who has the interest ceased to be an eligible employee |\n| 9 | An interest mentioned in item 10 of the CSS table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The information mentioned in the definitions of the following factors in item 10 of the CSS table:(a) FLS;(b) UFLS |\n\n6 Provision of information by trustee — payment phase interests\n\nIn relation to a superannuation interest mentioned in an item in the following table that was in the payment phase at the appropriate date:\n\n(a) for paragraph 64 (7B) (a) of the Regulations, the trustee of the CSS is not required to provide the information about the interest mentioned in column 3 of the item; and\n\n(b) for paragraph 64 (7B) (b) of the Regulations, the trustee of the CSS must provide the information about the interest mentioned in column 4 of the item.\n\n| Item | Superannuation interest | Information not required to be provided | Information that must be provided |\n| ---- | ------------------------------------------------- | -------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | An interest mentioned in item 5 of the CSS table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The information mentioned in the definition of the following factors in item 5 of the CSS table:(a) NIP;(b) PCI;(c) PThe following information in relation to the person who has the interest:(a) the person’s date of birth;(b) the date of the last occasion when the person became an eligible employee;(c) whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person;(d) whether the person has made an election under section 110TBA of the Act |\n| 2 | An interest mentioned in item 9 of the CSS table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 9 of the CSS table:(a) IP;(b) NIP |\n| | | | The following information in relation to the person who has the interest:(a) the person’s date of birth; |\n| | | | (b) the type of pension payable to the person; |\n| | | | (c) if the pension payable to the person is an age retirement pension — whether the person has made an election under section 57AA of the Act; |\n| | | | (d) if the pension payable to the person is an early retirement pension — whether the person has made an election under section 61AB of the Act; |\n| | | | (e) the annual amount (if any) of the person’s pension that, at the appropriate date:(i) is subject to indexation in accordance with the consumer price index; and(ii) is payable because of the existence of one or more eligible children or partially dependent children;(f) the annual amount (if any) of the person’s pension that, at the appropriate date:(i) is fixed in nominal dollars; and(ii) is payable because of the existence of one or more eligible children or partially dependent children |\n| 3 | An interest mentioned in item 11 of the CSS table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 11 of the CSS table:(a) AIP;(b) ANIPThe date of birth of the person who has the interest |\n| 4 | An interest mentioned in item 12 of the CSS table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The following information in relation to the person who has the interest:(a) the person’s date of birth;(b) the type of associate deferred pension payable to the person |\n\n> Notes to the Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004\n\n> Note 1\n\n> Note: The Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004 (in force under subregulation 64 (7) of the Family Law (Superannuation) Regulations 2001) as shown in this compilation is amended as indicated in the Tables below.\n\nUnder the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.\n\n> Note: > Note: Table of Instruments\n\n| Title | Date of notificationin Gazette or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------- | ---------------------- | --------------------------------------------- |\n| Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004 | 8 Mar 2004 (see Gazette 2004, No. S68) | 8 Mar 2004 | |\n| Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2004 (No. 1) | 13 May 2004 (see Gazette 2004, No. S150) | 18 May 2004 (see s. 2) | — |\n| Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2005 (No. 1) | 25 May 2005 (see F2005L01179) | 26 May 2005 | — |\n| Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2008 (No. 1) | 31 Jan 2008 (see F2008L00133) | 1 Feb 2008 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 3.................

am. 2005 No. 1

Heading to s. 5.........

rs. 2005 No. 1

S. 5.................

am. 2004 No. 1; 2005 No. 1; 2008 No. 1

S. 6.................

ad. 2005 No. 1

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: specifying information disclosure requirements for CSS interests in family law proceedings. While it has been amended three times (2004, 2005, 2008) to add payment phase interests and refine growth phase requirements, these changes represent natural evolution within the same scope rather than scope creep. The instrument has not expanded to cover other superannuation schemes or unrelated family law matters."},"complexity_factors":["Heavy cross-referencing: The Determination constantly refers to external documents — the 'Methods and Factors Approval', the 'CSS table', the Superannuation Act 1976, and the Family Law (Superannuation) Regulations 2001. You cannot understand this instrument without having those documents open.","Dense tabular structure: Sections 5 and 6 use complex tables with four columns, where the content of column 4 (required information) often references abstract factor codes (ABC, ASC, PCI, ERDA, etc.) defined elsewhere.","Defined terms with nested definitions: Terms like 'CSS table' and 'Methods and Factors Approval' are defined by reference to other legislative instruments, creating a chain of dependencies.","Technical superannuation jargon: References to 'growth phase', 'payment phase', 'eligible employee', 'associate deferred pension', and specific Act sections (110SL, 130B, 110TBA) assume familiarity with the CSS and superannuation law.","Conditional logic: The application depends on whether an interest was in 'growth phase' or 'payment phase' at the 'appropriate date', and different rules apply to 12 distinct categories of CSS interests.","Substitution of terminology: Section 3(3) creates a statutory fiction where 'the relevant date' must be read as 'the appropriate date', adding a layer of interpretive complexity."],"plain_english_summary":"This law tells the Commonwealth Superannuation Scheme (CSS) — the super fund for federal public servants — exactly what information it must (and must not) hand over when a couple splits up and needs to value a CSS super interest for family law purposes.\n\n**What it does:**\n- When married or de facto couples separate, their superannuation is treated as property that can be divided. To do this fairly, the super fund trustee must provide specific financial information about the member's super interest.\n- This Determination creates special rules for CSS interests. It replaces the standard information requirements with a tailored list of what the CSS Board must and must not disclose.\n\n**Who it affects:**\n- **CSS members** (current and former federal public servants) who are going through separation or divorce.\n- **Their former partners**, who need this information to negotiate a property settlement.\n- **The CSS Board**, which administers the fund and must comply with these specific disclosure rules.\n\n**How it works:**\n- The law splits CSS interests into two phases:\n - **Growth phase** (sections 5): When the member is still working and building up their super.\n - **Payment phase** (section 6): When the member is already receiving a pension.\n- For each type of CSS interest (there are 12 different kinds), the Determination lists:\n - What information the CSS Board **doesn't** have to provide (exempting them from the usual rules).\n - What information the CSS Board **must** provide instead (specific factors like 'ABC', 'ASC', 'PCI' — these are technical variables used to calculate the super's value).\n- It also requires personal details like date of birth, employment history, and whether the member made certain elections about their super.\n\n**Why it matters:**\nWithout this Determination, the CSS would have to provide information that doesn't make sense for its unique defined-benefit structure. This ensures separated couples get the *right* data to value CSS interests accurately, without drowning the fund in inappropriate requests."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Determination has been amended since first made. Amendments altered the data disclosure lists (s.5 amended in 2004, 2005 and 2008) and added a separate payment‑phase disclosure scheme (s.6 added 2005 No.1), changing which information trustees must or need not provide for particular CSS interest types. Section 3 was also amended (2005 No.1), affecting definitions and timing references."},"complexity_factors":["Extensive cross-references to other instruments and statutes: Superannuation Act 1976 (defined as 'Act'), the Family Law (Superannuation) Regulations 2001 (paragraphs 64(3), 64(4), 64(7), 64(7B) etc.), and the Methods and Factors Approval (see s.3).","Two distinct regimes depending on phase of entitlement (growth phase in s.5; payment phase in s.6) with different disclosure lists and exceptions.","Table-driven mapping: multiple table items map CSS table entries to sets of required and exempted information, increasing bookkeeping and parsing complexity (s.5 and s.6 tables).","Defined-term substitution and temporal complexity: the Determination substitutes 'appropriate date' for 'relevant date' in certain Methods and Factors references (s.3(3)), requiring users to reconcile timing definitions across instruments.","Specific factual exceptions and conditional data points (for example leave without pay >12 weeks, election under sections 110TBA / 57AA / 61AB of the Act, payments under ss 110SL or 130B) increase conditional logic (see s.5 and s.6 columns for items).","Amendment history and staged changes: several amendments altered s.3 and s.5 and added s.6, so practitioners must track versions (Notes/Table of Amendments).","Bureaucratic discretion and compliance burden concentrated on a single trustee (CSS Board) who must determine and produce the specified items while withholding others (see ss.5–6)."],"plain_english_summary":"This Determination tells the trustee of the Commonwealth Superannuation Scheme (CSS) exactly which member data must be supplied — and which items may be withheld — when family law valuation information is requested. It maps types of CSS interests (as defined in the Methods and Factors Approval) to specific disclosure obligations for interests in the growth phase and in the payment phase. It affects CSS trustees, members whose interests are being valued, and family law parties relying on those valuations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-commonwealth-superannuation-scheme-determination-","history":"/api/acts/family-law-superannuation-provision-of-information-commonwealth-superannuation-scheme-determination-/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-commonwealth-superannuation-scheme-determination-/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-commonwealth-superannuation-scheme-determination-/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-commonwealth-superannuation-scheme-determination-/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-commonwealth-superannuation-scheme-determination-/documents"}}