{"id":"F2011L00024","name":"Family Law (Superannuation) (Provision of Information - NSW Parliamentary Contributory Superannuation Scheme) Determination 2010","slug":"family-law-superannuation-provision-of-information-nsw-parliamentary-contributory-superannuation-sch","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437534,"registerId":"F2011L00024-fast-fetch-1775954338517","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Provision of Information - NSW Parliamentary Contributory Superannuation Scheme) Determination 2010","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Family Law (Superannuation) (Provision of Information - New South Wales State Parliamentary Contributory Superannuation Scheme) Determination 2007\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nFamily Law (Superannuation) (Provision of Information — NSW Parliamentary Contributory Superannuation Scheme) Determination 20101\n\nFamily Law (Superannuation) Regulations 2001\n\nI, ROBERT MCCLELLAND, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.\n\nDated 21 December 2010\n\nROBERT MCCLELLAND\n\nAttorney-General\n\nContents\n\n 1 Name of Determination \n\n 2 Commencement \n\n 3 Definitions \n\n 4 Application of Determination \n\n 5 Provision of information by trustee \n\n \n\n \n\n1 Name of Determination\n\n  This Determination is the Family Law (Superannuation) (Provision of Information — NSW Parliamentary Contributory Superannuation Scheme) Determination 2010.\n\n2 Commencement\n\n  This Determination commences on the day after it is registered.\n\n3 Definitions\n\n (1) In this Determination:\n\nM & F Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\nPCS Act means the Parliamentary Contributory Superannuation Act 1971 (NSW).\n\nPCS Scheme means the Parliamentary Contributory Superannuation Scheme established by the PCS Act.\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 M & F Approval mentioned in column 4 of an item of the table in section 5 is to be read as if it were a reference to ‘the appropriate date’.\n\n4 Application of Determination\n\n  This Determination applies to a superannuation interest in the PCS Scheme for which a method and factors have been approved under Part 10 of Schedule 2 to the M & F Approval.\n\n5 Provision of information by trustee\n\n  In relation to a superannuation interest mentioned in an item in the following table:\n\n (a) for paragraphs 64 (7) (a) and (7B) (a) of the Regulations, the trustee of the PCS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and\n\n (b) for paragraphs 64 (7) (b) and (7B) (b) of the Regulations, the trustee of the PCS 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 clause 2 of Part 10 of Schedule 2 to the M & F Approval | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations |  |\n| 2 | An interest mentioned in clause 10 of Part 10 of Schedule 2 to the M & F Approval | The information mentioned in subparagraphs 64 (3) (b) (ii), (iv) and (v) of the Regulations | The following information:<br> (a) CP and R (as those terms are defined in the table in clause 10 of Part 10 of Schedule 2 to the M & F Approval);<br> (b) the date of birth of the person who has the interest |\n| 3 | An interest mentioned in clause 11 of Part 10 of Schedule 2 to the M & F Approval | The information mentioned in subparagraphs 64 (3) (b) (ii), (iv) and (v) of the Regulations | The following information:<br> (a) P and R (as those terms are defined in the table in clause 11 of Part 10 of Schedule 2 to the M & F Approval);<br> (b) the date of birth of the person who has the interest |\n| 4 | An interest mentioned in clause 12 of Part 10 of Schedule 2 to the M & F Approval | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The following information:<br> (a) P and R (as those terms are defined in the table in clause 12 of Part 10 of Schedule 2 to the M & F Approval); |\n|  |  |  | (b) the date of birth of the person who has the interest |\n| 5 | An interest mentioned in clause 13 of Part 10 of Schedule 2 to the M & F Approval |  | The following information:<br> (a) CP, P and R (as those terms are defined in the table in clause 13 of Part 10 of Schedule 2 to the M & F Approval);<br> (b) the date of birth of the person who has the interest |\n| 6 | An interest mentioned in clause 14 of Part 10 of Schedule 2 to the M & F Approval |  | The following information:<br> (a) P and R (as those terms are defined in the table in clause 14 of Part 10 of Schedule 2 to the M & F Approval);<br> (b) the date of birth of the person who has the interest |\n\nNote\n\n1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.\n\n \n\n \n","sortOrder":0}],"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":4,"scope_assessment":{"changed":false,"description":"This Determination remains tightly scoped to its original purpose. It specifically addresses information disclosure requirements for the NSW Parliamentary Contributory Superannuation Scheme in family law proceedings, which is precisely what the enabling regulation (Family Law (Superannuation) Regulations 2001, subregulations 64(7) and (7B)) permits. There is no scope creep into other superannuation schemes or broader family law matters."},"complexity_factors":["Heavy reliance on external documents: requires cross-referencing to the Family Law (Superannuation) Regulations 2001, the Methods and Factors Approval 2003, and the NSW Parliamentary Contributory Superannuation Act 1971","Nested defined terms: terms like 'CP', 'P', and 'R' are not defined in this instrument but in clause tables within Schedule 2 of the M & F Approval","Conditional logic structure: the table in section 5 creates a matrix of six different interest types with varying obligations (some information required, some explicitly not required)","Technical terminology: uses specific superannuation valuation variables without explanation (CP, P, R) and references specific clauses (2, 10, 11, 12, 13, 14) of Part 10 of Schedule 2 of an external instrument","Dual commencement trigger: references both subregulations 64(7) and 64(7B), suggesting parallel application to different procedural contexts"],"plain_english_summary":"This Determination changes what the trustee of the NSW Parliamentary Contributory Superannuation Scheme must provide when couples separate: instead of detailed benefit calculations, the trustee supplies defined formula variables (e.g. CP, P, R) and dates of birth per the approved \"Methods and Factors.\" \n\nIt affects scheme members, their former partners, and the trustee, streamlining valuation so courts or parties can apply the approved formulas themselves without trustee-prepared projections."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination does not broaden the original statutory reach; it applies only to superannuation interests in the NSW Parliamentary Contributory Superannuation Scheme for which Part 10 methods and factors are approved, and it narrows the trustee's disclosure obligations by specifying which Regulation 64 items are not required and which specific items must be supplied (see ss 4–5)."},"complexity_factors":["Cross-references to multiple instruments: the M & F Approval (Part 10, Schedule 2) and the Family Law (Superannuation) Regulations 2001 (s 64) increase interpretive work (see s 3(1), s 4, s 5).","Itemised, partial exemptions and required disclosures create conditional compliance obligations — trustee must withhold some Regulation 64 items but provide specific factors and dates of birth depending on which clause applies (see s 5 table).","Defined technical terms (eg. CP, P, R, 'relevant date' read as 'appropriate date') require consulting the M & F Approval and its tables to know exactly what to disclose (see s 3(2) and the table in s 5).","Narrow scope limited to the PCS Scheme reduces breadth but requires precise matching of scheme interest types to listed clauses (see s 4 and s 5).","Practical compliance burden is moderate: trustees must map each request to the correct item and extract specific valuation parameters and birth dates rather than producing a standard full dataset (see s 5)."],"plain_english_summary":"This Determination tells the trustee of the NSW Parliamentary Contributory Superannuation Scheme which member details must be supplied, and which may be withheld, when responding to family law information requests. It applies only to scheme interests valued under methods and factors approved in Part 10 of the Methods & Factors Approval; trustees must provide a short list of valuation parameters and dates of birth instead of the fuller set of Regulation 64 data. Trustees bear the compliance duty; applicants receive a narrower, prescribed dataset."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-nsw-parliamentary-contributory-superannuation-sch","history":"/api/acts/family-law-superannuation-provision-of-information-nsw-parliamentary-contributory-superannuation-sch/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-nsw-parliamentary-contributory-superannuation-sch/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-nsw-parliamentary-contributory-superannuation-sch/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-nsw-parliamentary-contributory-superannuation-sch/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-nsw-parliamentary-contributory-superannuation-sch/documents"}}