{"id":"F2011L00028","name":"Family Law (Superannuation) (Provision of Information - NSW Police Superannuation Scheme) Determination 2010","slug":"family-law-superannuation-provision-of-information-nsw-police-superannuation-scheme-determination-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85909,"registerId":"commonwealth-F2011L00028-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 Superannuation Scheme) Determination 2010","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Provision of Information — NSW Police 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 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 Superannuation Act means the Police Regulation (Superannuation) Act 1906 (NSW).\n\n> NSW Police Superannuation Scheme means the superannuation scheme constituted by the NSW Police Superannuation Act.\n\n> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n> salary of office has the same meaning as in subsection 1AA (1) of the NSW Police Superannuation Act.\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 Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW Police 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 Superannuation Scheme for which a method and factors have been approved under Part 5 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 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 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 5 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 5 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 Superannuation Scheme for the interest — the date of:(i) any payment or release, under paragraph 14P (3) (a) of the NSW Police 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, 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 |\n| | | | (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 5 of Schedule 2 to the M & F Approval; and(iii) Cs and TArd (as those terms are defined in subclause 4 (2) of Part 5 of Schedule 2 to the M & F Approval); and |\n| | | | (iv) AS, ESR, NEA, B and C (as those terms are defined in paragraph (a) of the definition of EFBProps in subclause 5 (2) of Part 5 of Schedule 2 to the M & F Approval); and |\n| | | | (v) NEA (as that term is defined in paragraph (b) of the definition of EFBProp in subclause 5 (2) of Part 5 of Schedule 2 to the M & F Approval); and(vi) CSProp (as that term is defined in subclause 5 (2) of Part 5 of Schedule 2 to the M & F Approval) |\n| 2 | An interest mentioned in clause 6 of Part 5 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":"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":6,"scope_assessment":{"changed":false,"description":"This Determination remains tightly scoped to its original purpose: specifying information-sharing requirements for the NSW Police Superannuation Scheme in family law proceedings. It does not expand beyond this narrow technical function."},"complexity_factors":["Heavy cross-referencing to external instruments: requires knowledge of the Family Law (Superannuation) Regulations 2001, the Family Law Act 1975, the Police Superannuation Regulation 2010 (NSW), the Police Regulation (Superannuation) Act 1906 (NSW), and the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003","Dense defined terms section with 9 defined terms, many of which themselves reference other legislation","Nested definitions: terms like 'salary of office' and 'splitting order' are defined by reference to other Acts rather than defined directly","Complex tabular structure in section 5 with conditional logic (different information requirements for different types of interests)","Heavy use of algebraic variables (B, C, ESR, NEA, Cs, TArd, AS, CSProp) defined in external Schedule 2 of the M & F Approval, requiring simultaneous reading of multiple documents","Specific references to subsections and subparagraphs across multiple jurisdictions (Commonwealth and NSW legislation)","Technical superannuation concepts: early release debt accounts, flag lifting agreements, splitting orders, defined benefit valuations"],"plain_english_summary":"This Determination tells the NSW Police Superannuation Scheme trustee what specific financial information to provide — and what it may withhold — when police officers’ superannuation is divided in a divorce or separation. \n\nIt affects NSW Police officers, their former partners, and the scheme trustee, and matters because defined‑benefit police super needs different, targeted data (salary history, prior split values, relevant debts) so courts can fairly divide entitlements without unnecessary paperwork."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Determination narrows and tailors the default information disclosure regime in the Regulations for the NSW Police Superannuation Scheme. Instead of the full set of standard items, the trustee is expressly relieved of providing certain standard fields (see cl.5 column 3 referring to paragraphs 64(4) and 64(3)) and is required to provide a defined set of scheme‑specific valuation inputs and event dates (see cl.5 column 4: defined components from the M & F Approval, date of birth, salary‑of‑office start date, early release debt account balance, and dates/values for payments, releases, transfers and rollovers under splitting orders/agreements). The Determination applies only to interests covered by Part 5 of Schedule 2 to the M & F Approval (cl.4), so its scope is narrower than the Regulations' default disclosure and conditional on approval under that Approval."},"complexity_factors":["Extensive cross‑referencing to other instruments: Family Law (Superannuation) Regulations 2001 (paras 64(3), 64(4), 64(7), 64(7B)), the M & F Approval (Part 5 of Schedule 2) and the NSW Police Superannuation Act (cl.3, cl.4, cl.5).","Heavy reliance on scheme‑specific defined technical terms (B, C, ESR, NEA, AS, Cs, TArd, CSProp, EFBProps) defined in the M & F Approval (table col.4 requires many of these).","Differential disclosure obligations (exemptions versus mandatory items) tied to precise regulation subparagraphs (see cl.5: exemptions from paragraphs 64(4)(a),(b),(d)–(i) and 64(3)(b)(ii),(iv),(v); mandatory disclosure under 64(7)/(7B)).","Valuation mechanics are scheme‑specific and require historical event tracking (dates of payments/releases/transfers/rollovers and values immediately before those events; table col.4(e)–(f)).","Applicability limited to interests for which methods and factors have been approved under Part 5 of Schedule 2 to the M & F Approval (cl.4), creating conditional scope and interpretive dependency.","Interplay between state Act definitions and Commonwealth regulation (cl.3(2)) increases interpretive points and legal dependency on NSW statutory terms.","Tabular drafting mapping withheld versus required information adds complexity in practical compliance and record‑searching for trustees."],"plain_english_summary":"This Determination tells the NSW Police Superannuation trustee which scheme‑specific data it must supply, and which standard family‑law disclosure items it need not provide, when valuing certain Police Scheme interests for family law property matters. It affects scheme members, separating parties, trustees and family‑law practitioners by shifting compliance toward providing technical valuation inputs (dates, component values and early‑release debt balances) while exempting broader standard fields."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-superannuation-scheme-determination-20","history":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-superannuation-scheme-determination-20/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-superannuation-scheme-determination-20/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-superannuation-scheme-determination-20/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-superannuation-scheme-determination-20/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-nsw-police-superannuation-scheme-determination-20/documents"}}