{"id":"F2013L00452","name":"Family Law (Superannuation-Provision of Information: Judges' Pensions Act Scheme) Determination 2013","slug":"family-law-superannuation-provision-of-information-judges-pensions-act-scheme-determination-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437792,"registerId":"F2013L00452-fast-fetch-1775954495099","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation-Provision of Information: Judges' Pensions Act Scheme) Determination 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\n \n\n \n\nFamily Law (Superannuation—Provision of Information: Judges’ Pensions Act Scheme) Determination 2013\n\nI, Mark Dreyfus, Attorney‑General, make the following determination under subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001.\n\nDated: 12 March 2013\n\nMark Dreyfus\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name of determination\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Application of determination\n\n6 Provision of information by trustee—growth phase interests\n\n7 Provision of information by trustee—payment phase interests\n\n \n\n1  Name of determination\n\n  This determination is the Family Law (Superannuation—Provision of Information: Judges’ Pensions Act Scheme) Determination 2013.\n\n2  Commencement\n\n  This determination commences on 15 March 2013.\n\n3  Authority\n\n  This determination is made under subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001.\n\n4  Definitions\n\n (1) In this determination:\n\ngrowth phase table means the table in clause 2 of Part 6 of Schedule 1 to the Methods and Factors Approval.\n\nJudge has the same meaning as in the Judges’ Pensions Act 1968.\n\nJudges’ Pensions Act Scheme means the scheme constituted by the Judges’ Pensions Act 1968.\n\nMethods and Factors Approval means the Family Law (Superannuation)(Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\nRegulations 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 3 of an item of the table in section 6 is to be read as if it were a reference to “the appropriate date”.\n\n5  Application of determination\n\n  This determination applies to a superannuation interest in the Judges’ Pensions Act Scheme for which a method and factors have been approved under Part 6 of Schedule 1 to the Methods and Factors Approval.\n\n6  Provision of information by trustee—growth phase interests\n\n  In 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 Judges’ Pensions Act Scheme is not required to provide the information about the interest mentioned in column 2 of the item; and\n\n (b) for paragraph 64(7)(b) of the Regulations, the trustee of the Judges’ Pensions Act Scheme must provide the information about the interest mentioned in column 3 of the item.\n\n \n\n- Provision of information for growth phase interests\n- Column 1 Column 2 Column 3\n- Item Superannuation Interest Information not required to be provided Information that must be provided\n- 1 An interest mentioned in item 1 of the growth phase table The information mentioned in paragraphs 64(4)(a), (b) and (d) to (m) of the Regulations The factors APF, RAPF and LS as defined in item 1 of the growth phase tableThe date of appointment as a Judge of the person who has the interest\n- 2 An interest mentioned in item 2 of the growth phase table The information mentioned in paragraphs 64(4)(a) to (m) of the Regulations The benefit that would have been payable under section 12A of the Judges’ Pensions Act 1968, after taking into account any reduction under section 17AF of that Act, if the person had died on the appropriate date and no spouse or orphan pension had been payable.The date of appointment as a Judge of the person who has the interest\n- 3 An interest mentioned in item 3 of the growth phase table The information mentioned in paragraphs 64(4)(a), (b) and (d) to (m) of the Regulations The factor HP as defined in item 3 of the growth phase table\n- 4 An interest mentioned in item 4 of the growth phase table The information mentioned in paragraphs 64(4)(a) to (m) of the Regulations The factor ATA as defined in item 4 of the growth phase table\n\n\n \n\n7  Provision of information by trustee—payment phase interests\n\n (1) This section is made for paragraph 64(7B)(a) of the Regulations, in relation to an interest that a person has in the Judges’ Pensions Act Scheme as a result of being paid a pension under the Judges’ Pensions Act 1968.\n\n (2) The trustee of the Scheme is not required to provide the information mentioned in paragraphs 64(3)(a), (aa), (c), (d) and (e) of the Regulations.\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination remains tightly scoped to its original purpose: specifying information requirements for judges' pensions in family law proceedings. It does not expand beyond the narrow technical function of modifying disclosure obligations for this specific superannuation scheme under the Family Law (Superannuation) Regulations 2001."},"complexity_factors":["Heavy cross-referencing to external instruments: requires simultaneous reading of the Family Law (Superannuation) Regulations 2001, the Methods and Factors Approval 2003, and the Judges' Pensions Act 1968","Technical defined terms (APF, RAPF, LS, HP, ATA) that are not defined within this instrument but rely on external schedules","Nested conditional logic: application depends on whether interest is in 'growth phase' or 'payment phase', with different rules for each","Four distinct sub-categories of growth phase interests (items 1-4 in the table) with varying information requirements","Deeming provision in section 4(2) that rewrites terminology in the external Approval ('relevant date' becomes 'appropriate date')","Assumes familiarity with family law superannuation splitting framework and defined benefit valuation methodology"],"plain_english_summary":"This Determination sets special rules for how the Judges' Pensions Act Scheme trustee must (and must not) disclose information when a judge's superannuation interest is split in family law proceedings. It affects federal judges, their former partners, and the trustee. Instead of the usual superannuation disclosure, the trustee is exempt from standard details and must supply specific valuation factors tailored to defined‑benefit judicial pensions, streamlining valuation and settlement."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The determination narrows the default disclosure regime under regulation 64 for interests in the Judges’ Pensions Act Scheme (clause 5) by exempting trustees from supplying many items of standard information and instead requiring specific actuarial factors, a statutory benefit figure or the judge’s appointment date (clause 6 and clause 7(2)). It only applies where a method and factors have been approved under the Methods and Factors Approval (clause 5), so the practical scope of information available to family law parties is reduced for those covered interests."},"complexity_factors":["Cross‑references to the Family Law (Superannuation) Regulations 2001 (in particular reg 64(7), 64(7B), 64(4) and 64(3)) mean obligations are defined by interaction with that external instrument (clauses 3, 6, 7).","Dependence on the Methods and Factors Approval and its Schedule 1 growth phase table to identify which interests and actuarial factors apply (definitions and clause 4(1); clause 6).","Table mapping (clause 6) that both exempts broad items of information and requires discrete factors (APF, RAPF, LS, HP, ATA) or a payable benefit; requires trustees to compute particular actuarial outputs rather than provide raw data.","References to substantive provisions of the Judges’ Pensions Act 1968 (e.g. a benefit under section 12A and reductions under section 17AF) impose a need to interpret or calculate statutory benefit amounts (clause 6, item 2 column 3).","Specified interpretation rule altering the meaning of “the relevant date” to “the appropriate date” for certain factors creates a timing nuance for calculations (clause 4(2)).","Two‑part treatment (growth phase in clause 6; payment phase in clause 7) adds branching to compliance depending on member’s benefit state.","Short instrument length reduces navigational burden, but reliance on external instruments and actuarial terminology raises technical implementation requirements for trustees and advisers."],"plain_english_summary":"This determination tells trustees of the Judges’ Pensions Act Scheme which superannuation valuation information they must supply — and which they may withhold — when family law proceedings request information under regulation 64. It narrows general disclosure and substitutes specific actuarial factors, certain benefit figures and the judge’s appointment date for broader data, affecting scheme members, their former spouses and trustees by changing trustees’ compliance obligations."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-judges-pensions-act-scheme-determination-2013","history":"/api/acts/family-law-superannuation-provision-of-information-judges-pensions-act-scheme-determination-2013/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-judges-pensions-act-scheme-determination-2013/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-judges-pensions-act-scheme-determination-2013/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-judges-pensions-act-scheme-determination-2013/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-judges-pensions-act-scheme-determination-2013/documents"}}