{"id":"F2004B00104","name":"Family Law (Superannuation) (Provision of Information - Defence Force Schemes) Determination 2004","slug":"family-law-superannuation-provision-of-information-defence-force-schemes-determination-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31250,"registerId":"commonwealth-F2004B00104-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 - Defence Force Schemes) Determination 2004","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Provision of Information — Defence Force Schemes) 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 27 May 2005 \ntaking into account amendments up to Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Amendment Determination 2005 (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 — Defence Force Schemes) Determination 2004.\n\n2 Commencement \\[see Note 1\\]\n\nThis Determination commences on the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004.\n\n3 Definitions\n\n(1) In this Determination:\n\n> Defence Force scheme means a scheme that is mentioned in an item in the table in clause 3 or 4 of Part 3 of Schedule 1 to the Methods and Factors Approval.\n\n> Determination means the Defence Force (Superannuation) (Productivity Benefit) Determination, made under subsection 52 (1) of the Defence Act 1903.\n\n> DFRB Act means the Defence Forces Retirement Benefits Act 1948.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> growth phase table means the table in clause 3 of Part 3 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> notional retiring age, for an officer, has the meaning given by clause 1 of Part 3 of Schedule 1 to the Methods and Factors Approval.\n\n> officer has the meaning given by subsection 3 (1) of the DFRDB Act.\n\n> payment phase table means the table in clause 4 of Part 3 of Schedule 1 to the Methods and Factors Approval.\n\n> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n(2) For this Determination, a reference to ‘the relevant date’ 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 is to be read as if it were a reference to ‘the appropriate date’.\n\n4 Application of Determination\n\nThis Determination applies to a superannuation interest in a Defence Force scheme for which a method and factors have been approved under Part 3 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:\n\n(a) for paragraph 64 (7) (a) of the Regulations, the trustee of the relevant Defence Force scheme 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 relevant Defence Force scheme 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 growth phase table | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The information mentioned in the definition of the following factors in item 1 of the growth phase table:(a) DP;(b) y´;(c) m´The following information about the person who has the interest:(a) the person’s date of birth;(b) the date when the person first becomes eligible for deferred benefits by way of a pension |\n| 2 | An interest mentioned in item 2 of the growth phase table | The information mentioned in paragraphs 64 (4) (a), (b) and (d) to (i) of the Regulations | The information mentioned in the definition of the following factors in item 2 of the growth phase table:(a) APMs;(b) C;(c) CPPAThe following information about the person who has the interest:(a) the person’s date of birth;(b) the person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act;(c) whether the person is an officer or is not an officer;(d) if the person is an officer — his or her notional retiring age |\n| 3 | An interest mentioned in item 3 of the growth phase table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The information mentioned in the definition of the following factors in item 3 of the growth phase table:(a) PC;(b) SG |\n| | | | The following information about the person who has the interest:(a) the person’s date of birth;(b) the person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act;(c) whether the person is an officer or is not an officer;(d) if the person is an officer — his or her notional retiring age |\n| 4 | An interest mentioned in item 4 of the growth phase table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The information mentioned in the definition of the following factors in item 4 of the growth phase table:(a) P;(b) IR;(c) NIR;(d) CThe following information about the person who has the interest:(a) the person’s date of birth;(b) whether the person is an officer or is not an officer;(c) if the person is an officer — his or her notional retiring age |\n| 5 | An interest mentioned in item 5 of the growth phase table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The following information about the person who has the interest:(a) the total of the amount of productivity benefit (excluding interest) that would have been credited to the person under subclauses 8 (2) and (3), 8A (2) and (3) and 8AA (2), (3) and (4) of the Determination, if it had been credited to the person at the rate of 3% of the person’s pay for each of the pay periods mentioned in each of those subclauses of the Determination; |\n| | | | (b) the total of the amount of productivity benefit (being interest) that would have been credited to the person under subclauses 8 (4) and (5), 8A (4) and (5) and 8AA (5) and (6) of the Determination on account of the amount mentioned in paragraph (a) above, if that amount had been an amount of productivity benefit credited to the person;(c) whether the person is an officer or is not an officer;(d) if the person is an officer — his or her notional retiring age |\n| 6 | An interest mentioned in item 6 of the growth phase table | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The information mentioned in the definition of the following factors in item 6 of the growth phase table:(a) ARP;(b) APMsThe person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act |\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:\n\n(a) for paragraph 64 (7B) (a) of the Regulations, the trustee of the relevant Defence Force scheme 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 relevant Defence Force scheme 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 payment phase table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 1 of the payment phase table:(a) IP;(b) NIP;(c) IR;(d) NIR |\n| | | | The following information in relation to the person who has the interest:(a) the person’s date of birth;(b) the type of pension payable to the person |\n| 2 | An interest mentioned in item 2 of the payment phase table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The information mentioned in the definition of IR in item 2 of the payment phase tableThe following information in relation to the person who has the interest:(a) the person’s date of birth;(b) the type of pension payable to the person |\n| 3 | An interest mentioned in item 3 of the payment phase table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 3 of the payment phase 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;(b) the type of pension payable to the person |\n| 4 | An interest mentioned in item 4 of the payment phase table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of IP in item 4 of the payment phase tableThe following information in relation to the person who has the interest:(a) the person’s date of birth;(b) the type of pension payable to the person; |\n| | | | (c) the annual amount (if any) of the person’s pension that is additional pension payable in respect of an eligible child of the person under paragraph 55 (1) (b) or 57 (1) (b) of the DFRB Act |\n\n> Notes to the Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004\n\n> Note 1\n\n> Note: The Family Law (Superannuation) (Provision of Information — Defence Force Schemes) 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 — Defence Force Schemes) Determination 2004 | 13 May 2004 (see Gazette 2004, No. S152) | 18 May 2004 (see s. 2) | |\n| Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Amendment Determination 2005 (No. 1) | 25 May 2005 (see F2005L01181) | 26 May 2005 | — |\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

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

am. 2005 No. 1

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

ad. 2005 No. 1

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Determination remains focussed on specifying what information trustees of particular Defence Force superannuation schemes must or need not provide for family law valuation purposes. Amendments recorded in the notes (2005 No. 1) altered clause 3 and amended clauses 5 and 6 (one addition noted) but did not materially broaden the subject matter beyond the original purpose of tailoring disclosure obligations for Defence Force schemes to the Methods and Factors Approval. The instrument continues to limit general disclosure under reg. 64 while mandating specific factor values and personal data tied to the approved valuation methods."},"complexity_factors":["Significant cross-referencing to other instruments: Methods and Factors Approval (Part 3, Schedule 1), the Defence Force (Superannuation) (Productivity Benefit) Determination, the DFRB Act and the DFRDB Act","Multiple defined terms in clause 3 that must be aligned with external instruments (e.g. 'notional retiring age', 'growth phase table', 'payment phase table')","Two parallel tables (clauses 5 and 6) with itemised differences between growth-phase and payment-phase interests","References to specific paragraphs of the Family Law (Superannuation) Regulations 2001 (reg. 64 (3), 64 (4), 64 (4A), 64 (7), 64 (7B)) which narrow or replace those disclosure obligations","Some items require trustees to compute aggregated or derived amounts (e.g. totals of productivity benefit under specified subclauses), adding arithmetic/actuarial work rather than simple record-production","Nested conditional information (e.g. supply of notional retiring age only if the person is an officer) increases decision points","Short length and limited subject matter reduces complexity somewhat, but interpreting and applying the instrument requires actuarial and statutory interpretation expertise"],"plain_english_summary":"**What this Determination does (mechanics)\n\n- This instrument tells trustees of certain Defence Force superannuation schemes exactly what member information they do and do not have to supply when asked for information under the Family Law (Superannuation) Regulations 2001 (the Regulations). (See clauses 4–6.)\n\n- It applies only to superannuation interests that are covered by the Methods and Factors Approval — that is, the particular Defence Force schemes identified in Part 3 of Schedule 1 to that Approval. (Definitions and application: cl. 3 and cl. 4.)\n\n- For each class of interest (split into \"growth phase\" and \"payment phase\" categories), the Determination: (a) lists the categories of information trustees are not required to provide (cross-referencing specific paragraphs of reg. 64); and (b) lists the specific pieces of information trustees must provide (mostly the numeric factors and personal details needed to apply the approved valuation methods). (See cl. 5 and cl. 6 and the two tables there.)\n\n- The information that must be supplied typically includes the definitions or numeric values for particular valuation factors (for example, DP, APMs, IR, IP and others named in the Methods and Factors Approval) and basic personal data such as the member’s date of birth, total period of effective service (as defined in the DFRDB Act), whether the member is an \"officer\" and the member’s notional retiring age where relevant. For some interests the trustee must also provide the type of pension payable and any additional child pension amounts. (See items in the cl. 5 and cl. 6 tables.)\n\nWho is affected\n\n- Trustees / administrators of specified Defence Force superannuation schemes — they are the parties required to withhold some types of information and to provide other specified information when a request is made under the Family Law (Superannuation) Regulations. (cl. 5–6.)\n- Members of the covered Defence Force schemes — their scheme data will be disclosed in the limited, specified form for family law valuation purposes (date of birth, service time, officer status, pension type, certain calculated benefit totals). (cl. 5–6.)\n- Family law practitioners, valuers and courts — they receive a defined set of inputs from trustees for calculating the family law value of a member’s superannuation interest using the Methods and Factors Approval. (cl. 4–6.)\n\nWhy it matters (stated purpose and practical effect)\n\n- The Determination operationalises the Methods and Factors Approval for Defence Force schemes by narrowing the broad information categories in the Regulations and replacing them with scheme-specific required data. The stated effect is to standardise the input data trustees must supply so the approved valuation methods can be applied. (cl. 3–6; cross-reference to Methods and Factors Approval.)\n\n- Practical trade-offs and implementation considerations:\n - Compliance burden: trustees no longer have to supply the wider categories of information listed in those paragraphs of reg. 64, but they do need to supply specific factor values and to compute some aggregated amounts (for example, totals of productivity benefit amounts under the Determination). That shifts the trustee workload from producing broad records to producing specific calculated values (see cl. 5, item 5 and cl. 6 items where totals and defined-factor values are required).\n - Accuracy vs. standardisation: by defining which factors must be provided and linking them to the Methods and Factors Approval, the Determination promotes consistency of valuations across cases. The flip side is that the limited set of supplied items may not include raw underlying data; parties who want more granular material may need to commission independent actuarial work or seek additional disclosure under other processes.\n - Privacy and administrative cost: the Determination limits disclosure to particular factor definitions and basic personal details rather than broad record disclosure. That reduces burden and exposure of administrative records but imposes calculation obligations on trustees (see cl. 5–6 and the Definitions in cl. 3).\n - Legal and interpretative complexity: applying the Determination requires cross-referencing this instrument with the Methods and Factors Approval, the Defence Force (Superannuation) (Productivity Benefit) Determination (the \"Determination\" defined at cl. 3), and the DFRB / DFRDB Acts for defined terms like \"total period of effective service\" and \"officer\". That creates a need for legal/actuarial interpretation when parties prepare valuations (see cl. 3 definitions and notes in cl. 5–6).\n\nWho pays, who decides, and likely behaviour changes\n\n- Who pays: trustees incur the administrative cost of extracting and/or calculating the specified factor values and totals. Parties to family law proceedings may incur costs if they require additional data or independent valuations because only a limited set of items is provided.\n- Who decides: the Determination sets mandatory rules for trustees when responding to requests under reg. 64; trustees are the operational decision‑makers implementing the disclosure. Courts and valuers decide how to use the supplied factors when applying the approved valuation methods.\n- Behaviour changes: trustees will produce the specified factor values and personal data rather than broader records; practitioners may rely on the supplied inputs and the Methods and Factors Approval for valuations or seek extra disclosure where the supplied items are insufficient.\n\nRelevant sections to consult directly: clauses 3 (definitions), 4 (application), 5 (growth phase table) and 6 (payment phase table)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: specifying information requirements for Defence Force superannuation schemes in family law matters. The 2005 amendment added section 6 (payment phase interests) to complement the existing growth phase provisions, which appears to be completing the original scheme rather than expanding beyond it. No significant scope creep is evident."},"complexity_factors":["Heavy cross-referencing to external instruments: requires simultaneous reading of the Family Law (Superannuation) Regulations 2001, the Methods and Factors Approval 2003, the DFRDB Act, DFRB Act, and Defence Act 1903","Nested defined terms: 'notional retiring age' and 'officer' are defined by reference to other legislation, creating a chain of definitions","Technical mathematical notation in tables: valuation factors use symbols (DP, y´, m´, APMs, CPPA, PC, SG, ARP, IP, NIP, IR, NIR) that require specialist actuarial knowledge","Dual-phase structure with mirror logic: separate but parallel schemes for growth phase (section 5) and payment phase (section 6) interests, each with different information requirements","Conditional information requirements: what must be provided depends on whether the person is an officer, their service history, and which specific scheme item applies","Substitution of defined terms: section 3(2) modifies how 'the relevant date' is interpreted by substituting 'the appropriate date' in external instruments"],"plain_english_summary":"This legislation sets out what information Defence Force superannuation schemes must (and must not) provide when a couple splits up and needs to value a military superannuation interest for family law purposes.\n\n**What it does**\n\nWhen marriages or de facto relationships break down, superannuation is often divided between the parties. To do this fairly, the super fund needs to provide specific information about the value of the interest. This Determination creates special rules for **Defence Force superannuation schemes** (like DFRDB and DFRB) that override the standard information requirements.\n\n**Who it affects**\n\n- **Defence Force members and former members** whose super is being split in family law proceedings\n- **Trustees of Defence Force super schemes** (who must comply with these specific information rules)\n- **Family lawyers and courts** handling property settlements involving military super\n\n**How it works**\n\nThe Determination splits Defence Force interests into two categories:\n\n- **Growth phase interests** (section 5): Benefits still accumulating — the trustee is excused from providing some standard information but must instead provide specific alternative data like date of birth, service periods, officer status, and particular valuation factors (mathematical variables used to calculate value).\n\n- **Payment phase interests** (section 6): Benefits already being paid as pensions — similar carve-outs apply, with trustees providing substitute information including pension type and specific actuarial factors.\n\n**Why it matters**\n\nMilitary super schemes have unique features (like deferred benefits, productivity benefits, and special pension calculations) that don't fit the standard superannuation information template. This Determination ensures the right information is available for accurate valuation without imposing impossible requirements on Defence Force trustees."},"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-defence-force-schemes-determination-2004","history":"/api/acts/family-law-superannuation-provision-of-information-defence-force-schemes-determination-2004/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-defence-force-schemes-determination-2004/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-defence-force-schemes-determination-2004/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-defence-force-schemes-determination-2004/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-defence-force-schemes-determination-2004/documents"}}