{"id":"F2011L00025","name":"Family Law (Superannuation) (Provision of Information - NSW State Superannuation Scheme) Determination 2010","slug":"family-law-superannuation-provision-of-information-nsw-state-superannuation-scheme-determination-201","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437533,"registerId":"F2011L00025-fast-fetch-1775954338515","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 State 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 - NSW State Superannuation Scheme) Determination 2007\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\nFamily Law (Superannuation) (Provision of Information — NSW State 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 State 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\nflag lifting agreement has the same meaning as in section 90MD of the Family Law Act 1975.\n\nM & F Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\nNSW Superannuation Act means the Superannuation Act 1916 (NSW).\n\nRegulations means the Family Law (Superannuation) Regulations 2001.\n\nsplitting order has the same meaning as in section 90MD of the Family Law Act 1975.\n\nSS Scheme means the superannuation scheme constituted by the NSW Superannuation Act.\n\nsuperannuation 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 Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW Superannuation Act or the provision of that Act.\n\n4 Application of Determination\n\n This Determination applies to a superannuation interest in the SS Scheme for which a method and factors have been approved under Part 8 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 SS 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 SS 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 subclause 2 (1) of Part 8 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 11 of Part 8 of Schedule 2 to the M & F Approval (a clause 11 interest) held by a person who has elected, under paragraph 20AB (1) (b) of the NSW Superannuation Act, to make provision for a benefit provided by Division 3A of Part 4 of that Act | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The following information:
(a) P1 and P2 (as those terms are defined in the table in clause 11 of Part 8 of Schedule 2 to the M & F Approval);
(b) the date of birth of the person who has the interest;
(c) the date when the person elected, under paragraph 20AB (1) (b) of the NSW Superannuation Act, to make provision for a benefit provided by Division 3A of Part 4 of that Act;
(d) in the case of each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the SS Scheme in respect of the interest, the date of:
(i) any payment or release, under paragraph 61WB (3) (a) of the NSW 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 61WB (3) (b) of the NSW 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) in the case of 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
(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 11 of Part 8 of Schedule 2 to the M & F Approval; and
(iii) Be, Bs, CDe and CDs (as those terms are defined in subclause 13 (3) of Part 8 of Schedule 2 to the M & F Approval); and
(iv) TPCIs, V0, and V1 (as those terms are defined in subclause 14 (1) of Part 8 of Schedule 2 to the M & F Approval); and
(v) P1, P2 and TPCIe (as those terms are defined in subclause 14 (2) of Part 8 of Schedule 2 to the M & F Approval) |\n| 3 | For a clause 11 interest held by a person who has elected to take the benefit of Division 3A of Part 4 of the NSW Superannuation Act | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The following information:
(a) the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;
(b) the person’s exit day, within the meaning given by subsection 3 (1) of the NSW Superannuation Act |\n| 4 | For a clause 11 interest held by a person to whom subsection 52IA (1) of the NSW Superannuation Act applies | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The following information:
(a) the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;
(b) the date that subsection 52IA (1) of the NSW Superannuation Act first applied to the person |\n| 5 | For a clause 11 interest held by a person who has elected, under paragraph 52N (1) (b) of the NSW Superannuation Act, to preserve a benefit provided for by Division 3A of Part 4 of that Act | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The following information:
(a) the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;
(b) the date that was the exit day for the person under Division 3B of Part 4 of the NSW Superannuation Act |\n| 6 | For a clause 11 interest held by a person who is taken, under subclause 2 (1) of Schedule 23 to the NSW Superannuation Act, to have elected to take the benefit of Division 3A of Part 4 of that Act | The information mentioned in paragraphs 64 (4) (a) to (i) and 64 (4A) (a) to (c) of the Regulations | The following information:
(a) the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;
(b) the date that Part 1 of Schedule 23 to the NSW Superannuation Act first applied to the person |\n| 7 | An interest mentioned in clause 15 of Part 8 of Schedule 2 to the M & F Approval (a clause 15 interest) held by a person who has elected, under paragraph 52N (1) (a) of the NSW Superannuation Act, to defer a benefit under subsection 21 (1) or (1B) of that Act, in accordance with Division 3B of Part 4 of that Act | The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations | The following information:
(a) LS and P (as those terms are defined in the table in clause 15 of Part 8 of Schedule 2 to the M & F Approval);
(b) the date of birth of the person who has the interest;
(c) the date that was the exit day for the person under Division 3B of Part 4 of the NSW Superannuation Act;
(d) in the case of each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the SS Scheme in respect of the interest, the date of:
(i) any payment or release, under paragraph 61WB (3) (a) of the NSW Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or
(ii) any transfer or rollover, under paragraph 61WB (3) (b) of the NSW 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;
(e) in the case of 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 clause 15 of Part 8 of Schedule 2 to the M & F Approval; and
(iii) Be, Bs, CDe and CDs (as those terms are defined in subclause 16 (3) of Part 8 of Schedule 2 to the M & F Approval); and
(iv) TPCIs, V0, and V1 (as those terms are defined in subclause 17 (1) of Part 8 of Schedule 2 to the M & F Approval); and
(v) LS, P and TPCIe (as those terms are defined in subclause 17 (2) of Part 8 of Schedule 2 to the M & F Approval) |\n| 8 | For a clause 15 interest held by a person who has elected, under subclause 2 (2) of Schedule 23 to the NSW Superannuation Act, to take the benefit of Division 3B of Part 4 of that Act | The information mentioned in paragraphs 64 (4) (a) to (i) and 64 (4A) (a) to (c) of the Regulations | The following information:
(a) the information mentioned in paragraphs (a), (b), (d) and (e) of item 7;
(b) the date that Part 1 of Schedule 23 to the NSW Superannuation Act first applied to the person |\n| 9 | An interest mentioned in clause 18 of Part 8 of Schedule 2 to the M & F Approval | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The following information:
(a) LS and P (as those terms are defined in the table in clause 18 of Part 8 of Schedule 2 to the M & F Approval);
(b) the date of birth of the person who holds the interest mentioned in clause 18 of Part 8 of Schedule 2 to the M & F Approval;
(c) the date when the benefit to which the person is entitled was preserved under Division 3D of Part 4 of the NSW Superannuation Act;
(d) in the case of each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the SS Scheme in respect of the interest, the date of:
(i) any payment or release, under paragraph 61WB (3) (a) of the NSW Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or
(ii) any transfer or rollover, under paragraph 61WB (3) (b) of the NSW 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) in the case of each payment, release, transfer or rollover mentioned in paragraph (d) above:
(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 18 of Part 8 of Schedule 2 to the M & F Approval; and
(iii) Be, Bs, CDe and CDs (as those terms are defined in subclause 22 (3) of Part 8 of Schedule 2 to the M & F Approval); and
(iv) TPCIs, V0 and V1 (as those terms are defined in subclause 23 (1) of Part 8 of Schedule 2 to the M & F Approval); and
(v) LS, P and TPCIe (as those terms are defined in subclause 23 (2) of Part 8 of Schedule 2 to the M & F Approval) |\n| 10 | An interest mentioned in clause 24 of Part 8 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;
(b) the type of pension payable to the person |\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","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":7,"scope_assessment":{"changed":false,"description":"This Determination appears to serve its original narrow purpose: modifying information requirements for the NSW State Superannuation Scheme in family law proceedings. It does not appear to have expanded beyond this specific technical adjustment to the interaction between federal family law and state superannuation schemes."},"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, and the NSW Superannuation Act 1916","Nested defined terms: terms like 'P1', 'P2', 'TPCIe', 'Be', 'Bs', 'CDe', 'CDs', 'TPCIs', 'V0', 'V1', 'LS' are defined in the external M & F Approval, not in this instrument itself","Complex conditional table structure: 10 distinct scenarios (items) with different information requirements based on multiple overlapping conditions (type of interest, election status, exit status, application of specific NSW Act provisions)","Cascading information requirements: Items 3-8 incorporate by reference the information requirements from Items 2 and 7, creating a layered structure that requires tracing back through multiple provisions","Dual negative and positive obligations: simultaneously specifies what information is NOT required and what information MUST be provided for each scenario","Deep statutory references: cites specific subsections, paragraphs, and subparagraphs of multiple Acts and Regulations (e.g., 'paragraph 20AB(1)(b) of the NSW Superannuation Act', 'subclause 13(3) of Part 8 of Schedule 2 to the M & F Approval')","Technical superannuation terminology: assumes familiarity with defined benefit valuation concepts, preservation rules, and family law splitting mechanisms"],"plain_english_summary":"This Determination tells the trustee of the NSW State Superannuation Scheme what scheme-specific information to provide (and what standard information to exempt) when couples separate and superannuation must be split. It affects scheme members, the trustee, and former partners by replacing blanket information rules with tailored disclosure—so defined benefit interests can be accurately valued and fairly divided under family law without forcing irrelevant or unavailable data."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Determination stays within the original, narrow purpose: it prescribes how disclosure obligations operate for particular NSW State Superannuation Scheme interests when family law parties seek information under the Regulations (regs 64(7)/(7B)). It does not broaden the universe of schemes subject to disclosure, nor does it add new regulatory powers; instead it tailors which specific data fields trustees must or need not supply for listed interest types. Any additions are technical (linking disclosure to particular clauses of the M & F Approval and to NSW Act transitional/election provisions) rather than an expansion of the Determination’s fundamental scope."},"complexity_factors":["Heavy cross-referencing to other instruments: Part 8 of Schedule 2 to the M & F Approval, multiple provisions of the NSW Superannuation Act (eg. 20AB, 52IA, 52N, Schedule 23) and the Family Law (Superannuation) Regulations 2001 (eg. regs 64(3), 64(4), 64(4A), 64(7), 64(7B)). (Cl. 3(1), Cl. 4–5.)","Multiple distinct interest categories: the table at clause 5 has 10 separate items, each with bespoke information-exemption and information‑must‑provide rules (nested lists within items). (Cl. 5 table.)","Numerous defined technical terms required to interpret required fields: many required outputs are coded variables (P1, P2, Be, Bs, CDe, CDs, TPCIs, V0, V1, LS, P, TPCIe) that are defined only in the M & F Approval. (Cl. 5 table; Cl. 3(1).)","Conditional disclosure rules: for some interest types trustees are exempt from providing one set of Regulation items but must provide a different set; for others both exemptions and requirements reference different subparts of the Regulations (64(4), 64(4A), 64(3)). (Cl. 5.)","Cross-jurisdictional statutory dependencies: the Determination depends on NSW Act procedural events (e.g. elections under 20AB, exit day per s 3(1), transitional Schedule 23) which affect which data must be disclosed and how values are calculated. (Cl. 3(1), Cl. 5 table.)","High administrative burden to produce historical transactional data: items require dates and values of past payments/transfers/rollovers and pre-event valuations (value immediately before each event), which can be time-consuming to locate and calculate. (Cl. 5 table.)","Precision required for family law valuation: the Determination is designed to align trustee outputs to the national valuation methodology — misreading any referenced variable definition would produce incompatible data for splitting calculations. (Cl. 4–5.)"],"plain_english_summary":"**What this Determination does (mechanically)**\n\n- It tells the trustee of the New South Wales State Superannuation Scheme (the SS Scheme) exactly what information it does and does not have to give when asked for superannuation information under the Family Law (Superannuation) Regulations 2001 (specifically under regs 64(7) and 64(7B)) (see regs references in the Determination). (Cl. 5.)\n- The Determination only applies to SS Scheme interests for which a valuation “method and factors” have been approved under Part 8 of Schedule 2 to the national Family Law (Superannuation) methods-and-factors approval (the M & F Approval). (Cl. 4.)\n- For a set list of types of superannuation interests (items 1–10 in the table at clause 5), the Determination: (a) removes the trustee’s obligation to provide certain standard items of information that would otherwise be required under the Regulations; and (b) requires the trustee to provide specified alternative information (mainly valuation parameters, dates and values relevant to splitting/transfers and personal identifiers such as date of birth or exit day). (Cl. 5 and the table.)\n\n**Who is affected**\n\n- Trustees of the NSW SS Scheme: they are the decision-makers who must supply the information listed in column 4 for the relevant interest types and are explicitly excused from giving some categories of standard information listed in column 3. (Cl. 5.)\n- Scheme members (people who hold those specified interests): their personal data (e.g. date of birth, exit day, dates of elections) and valuation information about their interest will be provided to family law parties when required. (See items 2–10.)\n- Family law parties and their lawyers who request information under regs 64(7)/(7B): they will receive the particular valuation inputs and history that the Determination specifies, rather than the full default set of information in the Regulations. (Cl. 5.)\n\n**Why it matters (official aim, and practical effect)**\n\n- The Determination’s stated function is to tailor the disclosure obligations for NSW State scheme interests that use the approved valuation methods and factors (Part 8, Schedule 2 of the M & F Approval). In practice that means trustees will supply the numeric valuation inputs and transaction history that the national family law valuation regime expects (for example P1, P2, defined valuation variables, exit day, dates and values of payments/transfers), while they are not required to supply other standard fields from the Regulations for those specific interest types. (Cl. 4–5 and the table.)\n\n**How it changes behaviour and who bears costs**\n\n- Who decides: the trustee of the SS Scheme remains the entity that locates and supplies the information to family law applicants, but the Determination prescribes which specific data fields must be provided. (Cl. 5.)\n- Who pays / bears the compliance cost: the trustee bears the administrative cost and time required to assemble and provide the prescribed information (searching records, calculating values using the approved M & F parameters, and recording dates of transfers/payments). Members do not pay directly, but their personal data are disclosed in this process. Applicants (family law parties) benefit by receiving targeted valuation inputs needed for property settlement steps (e.g. preparing a valuation or effecting a superannuation split). (Cl. 5.)\n- Behaviour change: trustees will supply the specific valuation inputs and transaction data named in the Determination instead of the full standard dataset in the Regulations for those listed interest types. Family law practitioners can expect to receive the technical valuation variables (often defined in the M & F Approval) rather than more general descriptive fields.\n\n**Trade-offs, implementation risks and incentives**\n\n- Trade-offs: the Determination reduces the obligation to provide some default information (column 3 exemptions) while imposing the duty to provide valuation inputs and history (column 4). That narrows what is disclosed but ensures the data necessary to apply the approved valuation methods are available. (Cl. 5.)\n- Compliance burden: because the Determination relies heavily on terms and tables defined in Part 8 of Schedule 2 to the M & F Approval (terms such as P1, P2, Be, Bs, CDe, CDs, TPCIs, V0, V1, LS, P and TPCIe) and on several provisions of the NSW Superannuation Act (for example provisions governing elections, exit days, transfers and preservation), trustees must interpret and assemble data across multiple instruments. That increases administrative complexity and potential for inconsistency if records are incomplete or definitions are applied unevenly. (Cl. 3(1), cl. 5 table.)\n- Privacy and data scope: members’ personal identifiers (date of birth, exit day, dates of elections) are required to be supplied for many interest types, so there is an increased flow of member personal data to family law applicants compared with withholding all default fields; conversely, some standard information is not required to be provided, which narrows disclosure compared with the full regulatory list. (Table items 2–10.)\n- Limited effect on private markets: this is a rules-setting instrument about disclosure by a specific public-sector scheme trustee. It does not create or change market-entry rules, pricing or competition for private superannuation funds, although family law practitioners and valuers will receive standardised inputs for valuation work involving NSW scheme interests. (Cl. 4–5.)\n\n**Net practical takeaway**\n\n- If you are a trustee of the NSW SS Scheme, this Determination changes what you must hand over to family law applicants for certain types of interests: expect to produce specific valuation inputs, member dates and transfer/payment history, and you are exempted from supplying some of the default information listed in the Family Law (Superannuation) Regulations. (Cl. 4–5.)\n- If you are a member or a lawyer asking the trustee for information under the family law rules, the Determination narrows the dataset you will receive to the items needed to apply the approved valuation method for the listed interest types; to interpret those items you will usually need to consult the M & F Approval and the NSW Superannuation Act (because many terms are defined there). (Cl. 3(1), cl. 5.)"}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-superannuation-scheme-determination-201","history":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-superannuation-scheme-determination-201/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-superannuation-scheme-determination-201/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-superannuation-scheme-determination-201/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-superannuation-scheme-determination-201/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-nsw-state-superannuation-scheme-determination-201/documents"}}