{"id":"F2011L00026","name":"Family Law (Superannuation) (Provision of Information - NSW State Authorities Superannuation Scheme) Determination 2010","slug":"family-law-superannuation-provision-of-information-nsw-state-authorities-superannuation-scheme-deter","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85902,"registerId":"commonwealth-F2011L00026-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 State Authorities Superannuation Scheme) Determination 2010","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Provision of Information — NSW State Authorities 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 State Authorities 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 19 (3) of the State Authorities 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 Local Government Superannuation Act means the Local Government and Other Authorities (Superannuation) Act 1927 (NSW).\n\n> NSW State Authorities Superannuation Act means the State Authorities Superannuation Act 1987 (NSW).\n\n> NSW State Authorities Superannuation (Closed Local Government Schemes Transfer) Regulation means the State Authorities Superannuation (Closed Local Government Schemes Transfer) (Savings and Transitional) Regulation 1990 (NSW).\n\n> NSW State Authorities Superannuation Scheme means the superannuation scheme constituted by the NSW State Authorities 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 Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW State Authorities Superannuation Act or the provision of that Act.\n\n4 Application of Determination\n\nThis Determination applies to a superannuation interest in the NSW State Authorities Superannuation Scheme for which a method and factors have been approved under Part 7 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 State Authorities 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 State Authorities 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 7 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) CFB, ABP, B, C and AR (as those terms are defined in clause 2 of Part 7 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 entry date (within the meaning of subsection 3 (1) of the NSW State Authorities Superannuation Act) of the person; |\n| | | | (d) the balance of the early release debt account for any benefit released to the person under subsection 43B (1) or 43C (1) of the NSW State Authorities Superannuation Act;(e) for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Superannuation Scheme for the interest — the date of:(i) any payment or release, under paragraph 45I (3) (a) of the NSW State Authorities Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or(ii) any transfer or rollover, under paragraph 45I (3) (b) of the NSW State Authorities 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 7 of Schedule 2 to the M & F Approval; and(iii) ABPs, Bs and Cs (as those terms are defined in subclause 4 (2) of Part 7 of Schedule 2 to the M & F Approval) |\n| 2 | An interest mentioned in clause 5 of Part 7 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) CFB, ABP, B, C and AR (as those terms are defined in clause 2 of Part 7 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 entry date (as that term is defined in subsection 3 (1) of the NSW State Authorities Superannuation Act) of the person;(d) the balance of the early release debt account for any benefit released to the person under subsection 43B (1) or 43C (1) of the NSW State Authorities Superannuation Act; |\n| | | | (e) for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Superannuation Scheme for the interest — the date of:(i) any payment or release, under paragraph 45I (3) (a) of the NSW State Authorities Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or(ii) any transfer or rollover, under paragraph 45I (3) (b) of the NSW State Authorities 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 7 of Schedule 2 to the M & F Approval; and |\n| | | | (iii) ABPs, Bs and Cs (as those terms are defined in subclause 4 (2) of Part 7 of Schedule 2 to the M & F Approval); |\n| | | | (g) CFB and NA (as those terms are defined in Step 2 in subclause 5 (1) of Part 7 of Schedule 2 to the M & F Approval);(h) whether the person was the holder of a current insurance policy (as that term is defined in section 3 of the NSW State Authorities Superannuation (Closed Local Government Schemes Transfer) Regulation);(i) whether the person was a contributor to the Provident Fund (as that term is defined in section 3 of the NSW Local Government Superannuation Act); |\n| | | | (j) whether the person was a contributor to the Benefits Fund (as that term is defined in section 3 of the NSW Local Government Superannuation Act);(k) for each:(i) payment or release under paragraph 45I (3) (a) of the NSW State Authorities Superannuation Act; or(ii) transfer or rollover under paragraph 45I (3) (b) of the NSW State Authorities Superannuation Act;the amount of any adjustment which STC (as defined in subsection 3 (1) of the NSW State Authorities Superannuation Act) would make under section 16 of the NSW State Authorities Superannuation Act, if:(iii) STC were to pay to the person, the balance of his or her contributor’s account (as that term is defined in subsection 3 (1) of the NSW State Authorities Superannuation Act) at a particular date; and |\n| | | | (iv) the balance of that account had remained, in the period commencing with the events mentioned in subparagraph (i) or (ii), and ending at that particular date, equal to the entitlement of the spouse or former spouse of the person under the agreement or order mentioned in paragraph (d) |\n| 3 | An interest mentioned in clause 6 of Part 7 of Schedule 2 to the M & F Approval | The information mentioned in paragraphs 64 (4) (a) to (i) and 64 (4A) (a) to (c) of the Regulations | The following information:(a) CFB and EFB (as those terms are defined in clause 6 of Part 7 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) for an interest held by a person other than a person to whom paragraph (d), (e) or (f) applies, the date that the person became entitled, in the event of his or her death, to the benefit provided by subsection 43 (6) of the NSW State Authorities Superannuation Act;(d) for an interest held by a person who is an executive officer, the date that the person elected, under paragraph 30A (1) (b) of the NSW State Authorities Superannuation Act, to make provision for a benefit provided by subsection 43 (6) of that Act; |\n| | | | (e) for an interest held by a person to whom Part 1 of Schedule 5 to the NSW State Authorities Superannuation Act applies, the date on which Part 1 of Schedule 5 to that Act first applied to the person;(f) for an interest held by a person to whom Part 2 of Schedule 5 to the NSW State Authorities Superannuation Act applies, the date on which the person elected, under subclause 7 (1) of Part 2 of Schedule 5 to that Act, to make provision for a benefit under section 43 of that Act;(g) for splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Superannuation Scheme for the interest — the date of:(i) any payment or release, under paragraph 45I (3) (a) of the NSW State Authorities 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 45I (3) (b) of the NSW State Authorities 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| | | | (h) for each payment, release, transfer or rollover mentioned in paragraph (g):(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 6 of Part 7 of Schedule 2 to the M & F Approval; and(iii) ABPs, Bs, Cs, ABPe, Be and Ce (as those terms are defined in subclause 8 (3) of Part 7 of Schedule 2 to the M & F Approval) |\n| 4 | An interest mentioned in clause 9 of Part 7 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 pension 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":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination is narrowly focused on specifying disclosure obligations for the NSW State Authorities Superannuation Scheme where interests are valued under Part 7 of the M & F Approval. It does not broaden the family-law valuation regime or add new substantive entitlements; rather it replaces or narrows the list of information a trustee must provide and prescribes more specific valuation inputs. That is consistent with the Determination's apparent original purpose and does not represent a significant scope expansion beyond that purpose."},"complexity_factors":["Multiple cross-references to other instruments: Family Law (Superannuation) Regulations 2001; the M & F Approval (Part 7, Schedule 2); NSW State Authorities Superannuation Act 1987 (NSW) and related NSW regulations","Defined-term reliance: several scheme-specific terms are used (CFB, ABP, B, C, AR, EFB, NA, ABPe, Be, Ce, STC) that are defined in the M & F Approval or NSW Acts rather than in this Determination (see cl. 3 and cl. 5)","Structured conditional logic: four separate items (table rows) map different clauses in the M & F Approval to different disclosure requirements, producing branching obligations","Nested lists and multi-part required data (dates, balances, pre-payment valuations, account adjustments) that require historical computation","References to particular provisions of the Regulations (64(4), 64(4A), 64(7), 64(7B)) which themselves contain lists of information — the Determination selectively disapplies and replaces parts of those lists","Cross-jurisdictional terms: incorporation of NSW statutory concepts (entry date, early release debt account, contributor’s account) adds interpretive complexity","Administrative computation requirement: trustee must determine values \"immediately before\" payments in accordance with specified valuation clauses, requiring technical application of valuation rules"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- This Determination tells the trustee of the NSW State Authorities Superannuation Scheme (the Scheme) exactly which pieces of information it must supply, and which it does not have to supply, when responding to requests under the Family Law (Superannuation) Regulations 2001 about certain categories of superannuation interests. (See cl. 5 and the table of Items 1–4.)\n\n- It applies only to Scheme interests that have been valued using a method and factors approved under Part 7 of Schedule 2 to the Family Law (Superannuation) (Methods and Factors...) Approval 2003 (the \"M & F Approval\"). (See cl. 4.)\n\n- For each listed category of interest (the four items in the table), the Determination: (a) says which regulatory paragraphs the trustee is *not required* to provide (column 3); and (b) lists the specific data the trustee *must* provide (column 4). The required data are mainly valuation inputs, identification data (date of birth, entry date), balances of particular internal accounts (for example, the early release debt account), and the dates and values associated with any splitting orders, superannuation agreements or \"flag lifting\" agreements served on the trustee. (See cl. 5, table.)\n\nWho is affected\n\n- Members of the NSW State Authorities Superannuation Scheme whose interests fall into the categories in Part 7 of the M & F Approval. These are specific kinds of Scheme interests (see Items 1–4 which map to clauses 2, 5, 6 and 9 of Part 7 of Schedule 2 to the M & F Approval).\n\n- Trustees/administrators of the NSW State Authorities Superannuation Scheme, because they must withhold some standard information but must prepare and supply the specified valuation data and historical payment records.\n\n- Family law parties (spouses/former spouses), family law lawyers and courts, who rely on trustee-supplied information to value interests and to implement splitting orders or superannuation agreements.\n\nWhy it matters (purpose-claims and practical effects)\n\n- The stated practical purpose: to standardise which technical details trustees provide for certain Scheme interests so family law valuations can be made in accordance with the approved valuation methods and factors (the M & F Approval). The Determination narrows general disclosure but mandates the specific valuation inputs needed for the approved valuation method. (See cl. 5 and the table.)\n\n- Trade-offs and incentives: by removing the obligation to supply broad items from paragraphs 64(4) and 64(4A) of the Regulations for these interests, the trustee's disclosure duty is narrowed (reducing some administrative or privacy exposure). At the same time the Determination requires the trustee to supply the specific data that let valuers apply the M & F method (CFB, ABP, B, C, AR, EFB, etc.). This concentrates the trustee's effort on producing valuation-relevant information rather than general ledger or membership data.\n\n- Who pays: the trustee bears the administrative cost of assembling the valuation inputs and historical payment/transfer information the Determination requires. Parties seeking additional information outside what is listed may incur extra cost (for example by obtaining court orders or subpoenas).\n\n- Behavioural effects: trustees will supply narrower but more valuation-focused information; family law practitioners may rely on the specified items and be less able to request other standard items listed in paragraphs 64(4) / 64(4A). If parties need omitted items, they may need to seek them by other means (increasing legal process use).\n\nImplementation risks, compliance burden and edge issues\n\n- Implementation requires trustees to interpret and compute valuation elements in accordance with the M & F Approval cross-references (for example, CFB, ABP, ABPe, Be, Ce, NA, EFB). That creates a dependency on another instrument and on Scheme-specific defined terms (see cl. 3 definitions and cl. 5 references).\n\n- The Determination places a record-keeping burden on the trustee: it must supply historical dates of payments/transfers and values \"immediately before\" payments, and balances of early release debt accounts and STC adjustment amounts in certain circumstances (see Item 2(k) and Item 1(d)). Producing those figures can require look-backs across Scheme records.\n\n- Privacy and completeness: the instrument narrows disclosure of some general items, which may reduce privacy exposure for members but may also leave parties without information they consider material, requiring additional legal steps.\n\nScope and limits\n\n- This is a narrowly targeted instrument. It modifies the disclosure duties for a specific State-based scheme and only for interests that are valued under Part 7 of the M & F Approval (see cl. 4). It does not change family law rights or the valuation rules themselves — it only prescribes what the trustee must or need not provide to comply with the Family Law (Superannuation) Regulations.\n\nKey cross-references to check when using this Determination\n\n- Family Law (Superannuation) Regulations 2001, paragraphs 64(4), 64(4A), 64(7) and 64(7B) (for what would otherwise be required);\n- Part 7 of Schedule 2 to the M & F Approval (for definitions and the valuation method references CFB, ABP, B, C, AR, EFB, NA, ABPe, Be, Ce, etc.); and\n- NSW State Authorities Superannuation Act 1987 (NSW) and related NSW instruments (for statutory terms such as entry date, early release debt account, STC definitions and the mechanics of payments under s 45I).\n\nPractical takeaway\n\n- If you are a Scheme member or a lawyer acting in family law proceedings involving a Scheme interest valued under Part 7 of the M & F Approval, expect the trustee to provide a focused set of valuation inputs and certain historical transaction data, but not the broader list of items otherwise set out in the Regulations. If you need additional information, plan to obtain it by other legal means. Trustees should ensure they can calculate and document the specific figures referenced in the Determination. (See cl. 5 and the items in the table.)"},"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":7,"scope_assessment":{"changed":false,"description":"This Determination appears to be operating within its original intended scope. It is a specific technical instrument made under subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001, which explicitly provide for Determinations that modify information requirements for specific superannuation schemes. The instrument does not expand beyond its purpose of tailoring disclosure requirements for the NSW State Authorities Superannuation Scheme."},"complexity_factors":["Heavy cross-referencing to external instruments: requires simultaneous reading of the Family Law (Superannuation) Regulations 2001, the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (specifically Part 7 of Schedule 2), the NSW State Authorities Superannuation Act 1987, and the State Authorities Superannuation Regulation 2010 (NSW)","Nested defined terms: 10 defined terms in section 3, many of which reference other legislation (e.g., 'early release debt account' refers to subregulation 19(3) of a NSW regulation)","Complex tabular structure with conditional logic: 4 rows with different information requirements depending on which 'clause' of the M & F Approval applies to the interest","Abbreviated technical variables: extensive use of undefined abbreviations like CFB, ABP, B, C, AR, NA, EFB, ABPe, Be, Ce, STC that require external reference to understand","Multiple exception layers: operates as an exception to the general rule in regulation 64 of the principal regulations, specifying both negative obligations (what NOT to provide) and positive obligations (what MUST be provided)","Jurisdictional layering: Commonwealth family law rules modifying obligations for a NSW state superannuation scheme, requiring understanding of both federal and state legislative frameworks","Fragmented information requirements: Item 2 alone contains 11 sub-paragraphs (a) through (k) with nested sub-sub-paragraphs (i)-(iv)"],"plain_english_summary":"This Determination tells the trustee of the NSW State Authorities Superannuation Scheme what information to provide — and what it can withhold — when parties request superannuation details in family law property matters. It affects separating couples, their lawyers and courts, and the scheme trustee. By carving out parts of the usual disclosure regime and requiring scheme‑specific data instead, it ensures accurate, practical information for valuing and splitting this defined‑benefit superannuation."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-superannuation-scheme-deter","history":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-superannuation-scheme-deter/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-superannuation-scheme-deter/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-superannuation-scheme-deter/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-superannuation-scheme-deter/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-authorities-superannuation-scheme-deter/documents"}}