{"id":"F2011L00027","name":"Family Law (Superannuation) (Provision of Information — NSW State Authorities Non-contributory Superannuation Scheme) Determination 2010","slug":"family-law-superannuation-provision-of-information-nsw-state-authorities-non-contributory-superannua","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85905,"registerId":"commonwealth-F2011L00027-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Determination","content":"#### 1 Name of Determination\n\n This Determination is the Family Law (Superannuation) (Provision of Information — NSW State Authorities Non‑contributory Superannuation Scheme) Determination 2010.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n (1) In this Determination:\n\n> basic benefit has the same meaning as in subsection 3(1) of the NSW State Authorities Non‑contributory Superannuation Act.\n\n> early release debt account means the account created under subregulation 9 (3) of the NSW State Authorities Non‑contributory Superannuation Regulation.\n\n> employee has the same meaning as in subsection 3 (1) of the NSW State Authorities Non‑contributory Superannuation Act.\n\n> final average salary has the same meaning as in subsection 21 (1) of the NSW State Authorities Non‑contributory Superannuation Act.\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 State Authorities Non‑contributory Superannuation Act means the State Authorities Non‑contributory Superannuation Act 1987 (NSW).\n\n> NSW State Authorities Non‑contributory Superannuation Regulation means the State Authorities Non‑contributory Superannuation Regulation 2010 (NSW).\n\n> NSW State Authorities Non‑contributory Superannuation Scheme means the superannuation scheme constituted by the NSW State Authorities Non‑contributory Superannuation Act.\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 State Authorities Non‑contributory Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW State Authorities Non‑contributory Superannuation Act or the provision of that Act.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Application of Determination","content":"#### 4 Application of Determination\n\n This Determination applies to a superannuation interest in the NSW State Authorities Non‑contributory Superannuation Scheme for which a method and factors have been approved under Part 9 of Schedule 2 to the M & F Approval.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Provision of information by trustee","content":"#### 5 Provision of information by trustee\n\n For a superannuation interest mentioned in an item in the following table:\n (a) for paragraphs 64 (7) (a) and (7B) (a) of the Regulations, the trustee of the NSW State Authorities Non‑contributory Superannuation Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and\n (b) for paragraphs 64 (7) (b) and (7B) (b) of the Regulations, the trustee of the NSW State Authorities Non‑contributory 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 | The basic benefit component of an interest mentioned in item 1 in the table in clause 2 of Part 9 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) C and B (as those terms are defined in item 1 in the table in clause 2 of Part 9 of Schedule 2 to the M & F Approval);(b) the date of birth of the person who has the interest mentioned in column 2;(c) the balance of the early release debt account for any benefit released to the person under paragraph 23 (1) (c) of the NSW State Authorities Non‑contributory Superannuation Act;(d) for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Non‑contributory Superannuation Scheme for the interest — the date of:(i) any payment or release, under paragraph 27AJ (3) (a) of the NSW State Authorities Non‑contributory Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or |\n| | | | (ii) any transfer or rollover, under paragraph 27AJ (3) (b) of the NSW State Authorities Non‑contributory 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| | | | (e) for each payment, release, transfer or rollover mentioned in paragraph (d):(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 the method in item 1 of the Table in clause 2 of Part 9 of Schedule 2 to the M & F Approval; and |\n| | | | (iii) the number of days, and any additional proportion of a day, of eligible service of the person who has the interest, accrued in accordance with clause 5 of the NSW State Authorities Non‑contributory Superannuation Regulation, before 1 July 1988; and(iv) the number of days, and any additional proportion of a day, of eligible service of the person who has the interest, accrued in accordance with clause 5 of the NSW State Authorities Non‑contributory Superannuation Regulation, after 1 July 1988 |\n| 2 | An interest mentioned in item 2 in the table in clause 2 of Part 9 of Schedule 2 to the M & F Approval | The information mentioned in paragraphs 64 (4) (a) to (c) of the Regulations | A and SC (as those terms are defined in item 1 in the table in clause 2 of Part 9 of Schedule 2 to the M & F Approval) |\n\n> Note: For item 1 of the table, information in respect of other components of the interest may be required to be provided under regulation 63 of the Regulations.","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination remains tightly focused on its original purpose: specifying information requirements for a single, specific NSW superannuation scheme in the context of family law proceedings. It does not expand beyond the NSW State Authorities Non-contributory Superannuation Scheme or introduce broader policy changes. The scope is appropriately narrow and technical."},"complexity_factors":["12 defined terms in section 3, with heavy reliance on external NSW legislation (State Authorities Non-contributory Superannuation Act 1987 and Regulation 2010)","Extensive cross-referencing to the M & F Approval (Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003), specifically Part 9 of Schedule 2","Nested references to specific items, clauses, and tables within the M & F Approval (e.g., 'item 1 in the table in clause 2 of Part 9 of Schedule 2')","Conditional logic based on multiple scenarios: splitting orders, superannuation agreements, flag lifting agreements, early release debts, and pre/post 1 July 1988 service periods","Dual-column table structure creating parallel obligations (information NOT required vs. information MUST be provided) with detailed sub-paragraphs (i)-(iv)","Interaction with multiple legislative layers: Commonwealth Family Law Act 1975, Commonwealth Family Law (Superannuation) Regulations 2001, NSW State legislation, and the M & F Approval instrument"],"plain_english_summary":"This Determination tells the trustee of the NSW State Authorities Non‑contributory Superannuation Scheme what scheme‑specific data to provide — and what standard family‑law details it need not produce — when members separate or divorce. \n\nIt affects the scheme trustee, members facing property settlement, and family courts/lawyers by streamlining disclosures: replacing generic regulatory information with the particular valuation factors the approved method actually needs, simplifying and speeding up superannuation splitting."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument is procedural and targeted: it specifies which information trustees must or need not provide for NSW State Authorities Non‑contributory Superannuation Scheme interests that have valuation methods approved under the M & F Approval (see clause 4 and clause 5). It does not alter substantive member entitlements or expand coverage to other schemes; it confines and clarifies information obligations tied to the approved valuation items (see clause 3 definitions and clause 5 table)."},"complexity_factors":["Multiple cross‑references to external instruments and definitions: relies on the M & F Approval, the Family Law (Superannuation) Regulations 2001, and the NSW State Authorities Non‑contributory Superannuation Act and Regulation — increases interpretive load (see clause 3 (definitions) and clause 4 (application)).","Itemised, technical data requirements for item 1: requires actuarial/administrative fields such as C and B values, date of birth, early release debt account balance, transaction dates, pre‑transfer valuations, and eligible service days before and after 1 July 1988 — raises operational and calculation complexity (see clause 5 table, column 4(e)(iii)–(iv)).","Differential obligations by category: trustee is explicitly exempt from providing some Regulation 64 items but must provide others, varying by the listed item (compare clause 5(a) and 5(b) and the table columns).","Dependency on external valuation method: required valuations must be determined in accordance with the method in item 1 of the M & F Approval — legal and technical dependency on that Approval (see clause 4 and the table entry referencing the M & F Approval).","Recordkeeping and compliance burden: trustee must locate historical service records and calculate values per the specified method, and must identify earlier splitting orders, agreements or flag lifting agreements and related transfers/payments (see clause 5 table, column 4(d)–(e)).","Limited discretion but precise prescription: the Determination prescribes 'must'/'not required' rules for particular data items, constraining trustee discretion while leaving calculation mechanics to the approved method (see clause 5)."],"plain_english_summary":"Mechanically, this Determination tells the trustee of the NSW State Authorities Non‑contributory Superannuation Scheme which member data it must supply — and which specific data it need not supply — when family law proceedings involve certain superannuation interests valued under an approved method. It applies to scheme members whose interests are covered by items in the M & F Approval and alters the trustee’s compliance and reporting obligations, affecting trustees, affected members and family law practitioners by changing what information is available for valuation and transfer decisions."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-non-contributory-superannua","history":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-non-contributory-superannua/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-non-contributory-superannua/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-non-contributory-superannua/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-non-contributory-superannua/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-non-contributory-superannua/documents"}}