{"id":"F2011L00033","name":"Family Law (Superannuation) (Provision of Information - NSW Police Association Superannuation Scheme) Determination 2010","slug":"family-law-superannuation-provision-of-information-nsw-police-association-superannuation-scheme-dete","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85917,"registerId":"commonwealth-F2011L00033-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Provision of Information - NSW Police Association Superannuation Scheme) Determination 2010","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Provision of Information — NSW Police Association 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\n1 Name of Determination\n\nThis Determination is the Family Law (Superannuation) (Provision of Information — NSW Police Association Superannuation Scheme) Determination 2010.\n\n2 Commencement\n\nThis Determination commences on the day after it is registered.\n\n3 Definitions\n\n(1) In this Determination:\n\n> early release debt account means the account created under subregulation 15 (3) of the Police Superannuation Regulation 2010 (NSW).\n\n> flag lifting agreement has the same meaning as in section 90MD of the Family Law Act 1975.\n\n> M & F Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\n> NSW Police Association Superannuation Act means the Police Association Employees (Superannuation) Act 1969 (NSW).\n\n> NSW Police Association Superannuation Scheme means the superannuation scheme constituted by the NSW Police Association Superannuation Act.\n\n> NSW Police Superannuation Act means the Police Regulation (Superannuation) Act 1906 (NSW).\n\n> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n> splitting order has the same meaning as in section 90MD of the Family Law Act 1975.\n\n> superannuation agreement has the same meaning as in section 90MD of the Family Law Act 1975.\n\n(2) An expression used in this Determination and in the NSW Police Association Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW Police Association Superannuation Act or the provision of that Act.\n\n4 Application of Determination\n\nThis Determination applies to a superannuation interest in the NSW Police Association Superannuation Scheme for which a method and factors have been approved under Part 6 of Schedule 2 to the M & F Approval.\n\n5 Provision of information by trustee\n\nFor 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 NSW Police Association Superannuation 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 NSW Police Association Superannuation Scheme must provide any 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 6 of Schedule 2 to the M & F Approval | The information mentioned in paragraphs 64 (4) (a), (b) and (d) to (i) of the Regulations | The following information:(a) B, C, ESR and NEA (as those terms are defined in subclause 3 (1) of Part 6 of Schedule 2 to the M & F Approval);(b) the date of birth of the person who has the interest mentioned in column 2; |\n| | | | (c) the date that salary of office, as a member of the NSW Police Force, for which contributions were deducted under subsection 5 (1) of the NSW Police Superannuation Act, first became payable;(d) the balance of the early release debt account for any benefit released to the person under subsection 12F (1) or 12G (1) of the NSW Police Superannuation Act;(e) for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW Police Association Superannuation Scheme for the interest — the date of:(i) any payment or release, under paragraph 14P (3) (a) of the NSW Police Superannuation Act (as applied by section 3A of the NSW Police Association Superannuation Act), of an amount to the person with the entitlement under that order or agreement; or(ii) any transfer or rollover, under paragraph 14P (3) (b) of the NSW Police Superannuation Act (as applied by section 3A of the NSW Police Association Superannuation Act), of an amount to a superannuation fund or a retirement savings account to be held for the benefit of the person with the entitlement under that order or agreement; |\n| | | | (f) for each payment, release, transfer or rollover mentioned in paragraph (e):(i) the value of the entitlement of the person under the order or agreement immediately before the payment, release, transfer or rollover; and(ii) the value of the interest to which the order or agreement applies, immediately before that payment, release, transfer or rollover, determined in accordance with clause 2 of Part 6 of Schedule 2 to the M & F Approval; and |\n| | | | (iii) AS, ESR, NEA and B (as those terms are defined in paragraphs 4 (1) (a) and (d) of Part 6 of Schedule 2 to the M & F Approval); and(iv) C (as that term is defined in paragraphs 4 (1) (b) and (d) of Part 6 of Schedule 2 to the M & F Approval); and(v) Cs (as that term is defined in paragraph 4 (1) (e) of Part 6 of Schedule 2 to the M & F Approval); and(vi) TArd (as that term is defined in subclause 4 (2) of Part 5 of Schedule 2 to the M & F Approval); and(vii) NEA (as that term is defined in paragraph (b) of the definition of EFBProps in subclause 5 (2) of Part 5 of Schedule 2 of the M & F Approval); and(viii) CSProps (as that term is defined in subclause 5 (2) of Part 5 of Schedule 2 to the M & F Approval)(g) the date that any benefit was released to the person under subsection 12F (1) or 12G (1) of the NSW Police Superannuation Act |\n| 2 | An interest mentioned in clause 5 of Part 6 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:(a) the date of birth of the person who has the interest mentioned in column 2;(b) the type of superannuation allowance payable to the person |\n\n> Note\n\n> Note: 1. 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.","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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Determination narrows and customises the general information‑provision regime in the Family Law (Superannuation) Regulations for the NSW Police Association Superannuation Scheme. Rather than expanding the Regulations' reach, it substitutes scheme‑specific data items (drawn from the M & F Approval and NSW Police superannuation legislation) for the general items the Regulations would otherwise require (see section 5). In practical terms the scope of required disclosure for these Scheme interests has been shifted: some standard disclosure items are removed and replaced with technical valuation inputs tailored to the approved valuation method. The change is targeted to this Scheme only (section 4) and does not broaden the family law disclosure regime to other schemes."},"complexity_factors":["Cross-references to multiple external instruments: Family Law (Superannuation) Regulations 2001 (reg 64), the M & F Approval (Parts and subclauses of Schedule 2) and two NSW statutes (Police Regulation (Superannuation) Act 1906 and Police Association Employees (Superannuation) Act 1969).","Multiple defined terms in the Determination (about 9 explicit definitions in section 3) and many additional technical terms defined only in the M & F Approval (B, C, ESR, NEA, AS, Cs, TArd, CSProps, etc.).","Table structure with conditional obligations: trustee is exempt from some statutory items but obliged to supply an alternate, detailed list — the ‘not required’ vs ‘must provide’ framing creates negative and positive obligations (section 5 and the table).","Nested references to Parts, clauses and subclauses of other instruments (e.g. clause 2 of Part 6, subclause 3(1) of Part 6, subclause 4(2) of Part 5), increasing lookup burden for users.","Technical valuation content required (historic dates, balances, componentised valuation figures), which may require actuarial computation or historical reconstruction.","Two distinct categories of covered interests (items 1 and 2) with different information regimes adding conditional complexity.","Cross‑jurisdictional links (federal family law regime imposing obligations on a trustee of a state‑created / regulated superannuation scheme) that add legal interpretive complexity."],"plain_english_summary":"**What this Determination does (mechanically)\n\n- This instrument tells the trustee of the NSW Police Association Superannuation Scheme exactly what pieces of information it must provide, and which pieces it does not have to provide, when responding to requests under the Family Law (Superannuation) Regulations 2001 (see section 5).\n\n- It applies only to certain types of interests in that Scheme — specifically the interests listed in clause 2 and clause 5 of Part 6 of Schedule 2 to the Family Law (Superannuation) (Methods & Factors) Approval 2003 (the “M & F Approval”) (see section 4).\n\n- For those specified interests the Determination: (a) relieves the trustee from providing some of the standard information listed in the Family Law Regulations (it identifies which paragraphs of regulation 64 are not required); and (b) replaces those items with a bespoke list of scheme‑specific details the trustee must supply (section 5 and the table in section 5).\n\n\nWho is affected\n\n- The trustee of the NSW Police Association Superannuation Scheme: the trustee has altered information‑provision obligations (section 5).\n- Members (and former members) who hold the particular superannuation interests covered by Part 6 of Schedule 2 to the M & F Approval: information about their interests will be provided in a different form than the general Family Law Regulations set out.\n- People and lawyers preparing family law property settlements, splitting orders, superannuation agreements, flag lifting agreements, and courts that rely on trustee information to value superannuation interests.\n\n\nExactly what information is changed (key points)\n\n- Interests covered by clause 2 of Part 6 to the M & F Approval (item 1 in the Determination):\n - The trustee does not have to provide the items listed in paragraphs 64(4)(a), (b) and (d)–(i) of the Family Law (Superannuation) Regulations (see section 5(a) and the table).\n - Instead the trustee must provide a set of scheme‑specific data points, including (summarised): certain coded valuation components from the M & F Approval (B, C, ESR, NEA), the member’s date of birth, the date salary of office first became payable for which contributions were deducted, the balance of any “early release debt account”, dates and values of any payments/transfers made under splitting orders or similar agreements, and a set of valuation elements (AS, ESR, NEA, B, C, Cs, TArd, NEA, CSProps) as defined in the M & F Approval. The Determination also requires the date any benefit was released under specified NSW Police superannuation provisions (see section 5 and the table under item 1).\n- Interests covered by clause 5 of Part 6 to the M & F Approval (item 2 in the Determination):\n - The trustee need not provide some subparagraphs of regulation 64(3)(b) of the Family Law (Superannuation) Regulations (see section 5 and the table under item 2).\n - Instead the trustee must provide the member’s date of birth and the type of superannuation allowance payable to the person.\n\n\nWhy this matters (stated purpose and practical effects)\n\n- The Determination is a targeted tailoring: it substitutes scheme‑specific valuation data (drawn from the M & F Approval methodology and from the NSW Police superannuation legislation) for the general information the Family Law Regulations would otherwise require (see sections 3–5).\n\n- Claimed purpose: to ensure family law valuers, parties and courts receive the particular technical inputs needed to value these NSW Police Scheme interests accurately (the instrument achieves this by requiring the trustee to supply the specific valuation components defined in the M & F Approval).\n\n\nCosts, incentives, trade‑offs and implementation issues (testing the purpose claim)\n\n- Who pays and who does the work: the trustee bears the administrative cost of assembling scheme‑specific valuation inputs (dates, balances, component values) and of locating records of past payments, transfers and releases (section 5). That may require actuarial or administrative effort beyond simply supplying standard form items.\n\n- Compliance burden on trustee: the Determination replaces some straightforward standard requests with highly technical items defined in other instruments (the M & F Approval and NSW Police Acts). The trustee will need access to those definitions and to historic transaction records (see sections 3 and 5). This raises the risk of delay or the need to charge for producing the information if the Regulations permit fees for information provision (the Determination itself does not set fees).\n\n- Effect on private parties and family law process: the prescribed data are specific to the valuation method approved for these interests, so valuers receive inputs they can use directly. That may reduce valuation disputes about methodology but could increase reliance on technical actuarial interpretation. Parties who are not professionally represented may find the information less accessible without expert help.\n\n- Cross‑instrument dependency and implementation risk: many required items are defined only by reference to the M & F Approval or to NSW Police superannuation legislation (see section 3 and the table entries referencing Parts and subclauses of the M & F Approval and specified NSW Acts). Users must consult multiple instruments to understand the meaning of the supplied items; errors or differing interpretations across instruments could lead to disputes.\n\n- Targeting and scope: the Determination narrows the standard disclosure regime for this particular scheme and replaces it with bespoke information. It does not extend the Family Law Regulations to other schemes; it is confined to the NSW Police Association Superannuation Scheme (section 4).\n\n\nPractical takeaway (who decides, what changes in behaviour)\n\n- Who decides: the Attorney‑General made this Determination under the Family Law (Superannuation) Regulations 2001 (heading and signature). The trustee decides operationally how to assemble and deliver the required information.\n\n- What changes in behaviour: trustees will produce the specified scheme‑specific valuation inputs rather than the omitted standard items. Family law practitioners and valuers will request and use those inputs (and may need to consult the M & F Approval and the NSW Police superannuation laws to interpret them).\n\n\nWhere to look next\n\n- To understand or use any of the technical items required by this Determination, consult the M & F Approval (the Methods & Factors Approval) and the cited NSW Police superannuation Acts, since many terms are defined only there (see section 3)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination performs exactly the function intended by the enabling regulations. The Family Law (Superannuation) Regulations 2001 specifically provide for customised information requirements for particular superannuation schemes (regulation 64). This instrument exercises that power precisely as contemplated — creating tailored disclosure rules for a specific defined-benefit police scheme. The scope remains tightly constrained to information provision for family law proceedings involving this particular fund."},"complexity_factors":["Heavy cross-referencing to external instruments: requires simultaneous reading of the Family Law (Superannuation) Regulations 2001, the M & F Approval (2003), the NSW Police Superannuation Act 1906, the Police Association Employees (Superannuation) Act 1969, and the Police Superannuation Regulation 2010 (NSW)","Dense defined terms: 9 defined terms in section 3, many of which are themselves defined by reference to other legislation or instruments (e.g., 'early release debt account' refers to a NSW subregulation)","Nested technical abbreviations: requires understanding of actuarial/financial terms like B, C, ESR, NEA, AS, Cs, TArd, CSProps, EFBProps — all defined in separate Parts and Schedules of the M & F Approval","Dual-column table structure with conditional logic: different information requirements apply depending on which 'clause' of Part 6 of Schedule 2 to the M & F Approval governs the interest (Item 1 vs Item 2)","Complex temporal tracking: requires the trustee to report on historical events including previous splitting orders, flag lifting agreements, payment dates, transfer dates, and values 'immediately before' those events","Legislative layering: applies Commonwealth family law rules to a State-based superannuation scheme through multiple interlocking statutory references"],"plain_english_summary":"This Determination sets a bespoke disclosure regime for the NSW Police Association Superannuation Scheme in family law property splits: it tells the trustee exactly which technical data to provide (and which standard items it need not) when valuing and splitting police super. \n\nIt affects the scheme trustee, family lawyers, courts, and separating police members — recognising that complex defined‑benefit arrangements need tailored information (e.g., special calculation factors, DOBs, salary start dates, prior split records) to value and divide interests fairly."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-association-superannuation-scheme-dete","history":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-association-superannuation-scheme-dete/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-association-superannuation-scheme-dete/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-association-superannuation-scheme-dete/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-association-superannuation-scheme-dete/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-association-superannuation-scheme-dete/documents"}}