{"id":"F2004B00037","name":"Family Law (Superannuation) (Provision of Information - Public Sector Superannuation Scheme) Determination 2004","slug":"family-law-superannuation-provision-of-information-public-sector-superannuation-scheme-determination","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31244,"registerId":"commonwealth-F2004B00037-current","compilationNumber":null,"startDate":"2026-04-01","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—Public Sector Superannuation Scheme) Determination 2004.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  (1) In this Determination:\n\n> growth phase table means the table in clause 2 of Part 2 of Schedule 1 to the Methods and Factors Approval.\n\n> Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\n> payment phase table means the table in clause 3 of Part 2 of Schedule 1 to the Methods and Factors Approval.\n\n> PSS Scheme means the Public Sector Superannuation Scheme mentioned in section 3 of the Superannuation Act 1990.\n\n> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n> Rules has the meaning given by section 3 of the Superannuation Act 1990.\n\n  (2) An expression used in this Determination and in rule 1.2.1 of the Rules has the same meaning in this Determination as it has in that rule.\n  (3) For this Determination, a reference to ‘the relevant date’ in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6 is to be read as if it were a reference to ‘the appropriate date’.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Application of Determination","content":"#### 4 Application of Determination\n\n  This Determination applies in relation to a superannuation interest in the PSS Scheme for which a method and factors have been approved under Part 2 of Schedule 1 to the Methods and Factors Approval.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Provision of information by trustee—growth phase interests","content":"#### 5 Provision of information by trustee—growth phase interests\n\n  In relation to a superannuation interest mentioned in an item in the following table:\n    (a) for paragraph 64(7)(a) of the Regulations, the trustee of the PSS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and\n    (b) for paragraph 64(7)(b) of the Regulations, the trustee of the PSS Scheme must provide the 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 item 1 of the growth phase table | The information mentioned in paragraphs 64(4)(a), (b) and (d) to (i) of the Regulations | The information mentioned in the definitions of the following factors in item 1 of the growth phase table:(a) ABM;(b) AMC;(c) APC;(d) ATA;(e) ERDAThe date of birth of the person who has the interestThe first day of membership of the person who has the interest                                                                                                                                                                                                             |\n| 2    | An interest mentioned in item 2 of the growth phase table | The information mentioned in paragraphs 64(4A)(a) to (c) of the Regulations             | The information mentioned in the definitions of the following factors in item 2 of the growth phase table:(a) UDB;(b) FDB;(c) ATA;(d) ERDAThe following information about the person who has the interest:(a) the person’s date of birth;(b) whether the person is entitled to take his or her preserved benefit, in full or in part, or is not so entitled;(c) whether or not the person is eligible to receive a benefit under rule 8.2.1A or paragraph 8.2.1B(a) of the Rules |\n| 3    | An interest mentioned in item 3 of the growth phase table | The information mentioned in paragraphs 64(4A)(a) to (c) of the Regulations             | The information mentioned in the definitions of the following factors in item 3 of the growth phase table:(a) UDB;(b) FDB;(c) ATA;(d) ERDA                                                                                                                                                                                                                                                                                                                                       |\n|      |                                                           |                                                                                         | The following information about the person who has the interest:(a) the person’s date of birth;(b) whether the person is entitled to take his or her preserved benefit, in full or in part, or is not so entitled;(c) whether or not the person is eligible to receive a benefit under rule 8.2.1A or paragraph 8.2.1B(a) of the Rules                                                                                                                                           |\n| 4    | An interest mentioned in item 4 of the growth phase table | The information mentioned in paragraphs 64(4)(a) to (j) of the Regulations              | The information mentioned in the definitions of the following factors in item 4 of the growth phase table:(a) FLS;(b) UFLS                                                                                                                                                                                                                                                                                                                                                       |","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Provision of information by trustee—payment phase interests","content":"#### 6 Provision of information by trustee—payment phase interests\n\n  In relation to a superannuation interest mentioned in an item in the following table:\n    (a) for paragraph 64(7B)(a) of the Regulations, the trustee of the PSS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and\n    (b) for paragraph 64(7B)(b) of the Regulations, the trustee of the PSS Scheme must provide the 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 item 1 of the payment phase table | The information mentioned in paragraph 64(3)(b) of the Regulations | The information mentioned in the definition of P in item 1 of the payment phase tableThe following information in relation to the person who has the interest:(a) the person’s date of birth;(b) the type of pension payable to the person;(c) if the pension is not an associate standard pension, an associate preserved pension or a pension that became payable on the person’s invalidity retirement before age 60—whether or not the person has chosen a Reduced Pension under rule 9.2.1 of the Rules; |\n|      |                                                            |                                                                    | (d) if the pension is an associate standard pension—whether the pension is a normal associate standard pension or an invalidity associate standard pension;(e) if the pension is an associate preserved pension—whether the pension is a normal associate preserved pension or an invalidity associate preserved pension;(f) the annual amount, if any, of the person’s pension that is payable, in accordance with the Rules, in respect of 1 or more eligible children or partially dependent children      |","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of amendments made by the Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2024","content":"#### 7 Application of amendments made by the Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2024\n\n  The amendments of the table in section 5 made by the Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2024 apply in relation to applications, to the trustee of the PSS Scheme for information about a superannuation interest, that:\n    (a) were made before the time that instrument commences, if at that time, the trustee has not yet provided the requested information; or\n    (b) are made on or after that time.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This version introduced an amendment (the 2024 Amendment Determination) that alters the table in section 5 (growth-phase interests) and specifies that the amended disclosure rules apply both to information requests made before the amendment came into effect (if the trustee had not yet provided the requested information) and to requests made after that time. Concretely, the effect is a change in the scope of what trustees must and need not provide for certain growth-phase PSS interests: the set of required factor fields was revised and now applies to outstanding as well as future requests. That is a substantive change to the scope of disclosure duties from the original 2004 Determination."},"complexity_factors":["Relies on multiple external instruments: Methods and Factors Approval 2003 (Schedule 1 tables), Family Law (Superannuation) Regulations 2001, Superannuation Act 1990 and its Rules","Several cross-references to numbered paragraphs and rule provisions (e.g. paragraphs 64(4)(a), 64(7)(a), 64(3)(b), rule 8.2.1A, rule 9.2.1)","Two parallel regimes (growth-phase and payment-phase) with separate tables and itemised rows","Definitions section imports factor names but not their substantive definitions (reader must consult the Methods and Factors Approval for exact meanings)","Nested conditional application of 2024 amendment (applies to prior requests not yet complied with and to future requests)","Multiple specific exceptions and positive obligations per item (i.e. for each item, lists both what trustee is not required to provide and what trustee must provide)","Use of specialist actuarial factor names (ABM, AMC, APC, ATA, ERDA, UDB, FDB, FLS, UFLS, P) which require subject-matter knowledge"],"plain_english_summary":"**What this instrument does (mechanical change)\n\n- This Determination tells the trustee of the Public Sector Superannuation Scheme (PSS Scheme) exactly which pieces of superannuation information it must provide, and which pieces it does not have to provide, to people requesting information under the Family Law (Superannuation) Regulations 2001. (Those requests normally arise in the context of family law proceedings where superannuation is part of the asset pool.)\n\n- The Determination distinguishes two broad categories of PSS interests: growth-phase interests (accumulation-style) and payment-phase interests (pensions). For each category it lists specific items (linked to tables in a separate Methods and Factors Approval instrument) and then, for each item, specifies:\n  - the particular regulatory paragraphs the trustee is not required to supply; and\n  - the particular defined factors or member data the trustee must supply instead.\n\n- The Determination relies heavily on cross-references. It imports defined factor names and tables from the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (the Methods and Factors Approval) and refers to terms and rule numbers in the Superannuation Act 1990 and its Rules.\n\n- It also contains a transitional/application clause that says amendments made by a 2024 Amendment Determination to the table in section 5 (the growth-phase table) apply to information requests that were made but not yet complied with at the time that amending instrument starts, and to requests made after that time (see section 7).\n\nWho is affected\n\n- The trustee/administrator of the PSS Scheme: the Determination tells the trustee which items of information it must produce and which items it may refuse to produce in response to family-law information requests.\n- Members of the PSS Scheme and other parties in family law matters: they are the recipients or requesters of the information, and the Determination affects what information will be available to prove, value or divide superannuation interests.\n- Family law practitioners and courts: the contents of disclosure available for valuing interests are constrained or defined by this Determination.\n\nWhy it matters (practical effects and incentive picture)\n\n- Precision and predictability: by mapping each type of PSS interest to specific defined factors (from the Methods and Factors Approval) the Determination standardises what trustees must supply. That reduces trustee discretion and helps valuers and lawyers know which data they will get.\n\n- Limits on disclosure: the Determination also specifies which parts of the information set (identified by particular paragraphs of the Regulations) trustees are not required to provide. That reduces the volume of material trustees must prepare and may reduce administration cost for the trustee, but it also narrows the factual basis available to parties when valuing or negotiating division of superannuation.\n\n- Administrative and compliance consequences: the trustee bears the administrative cost of assembling and delivering the specified factors. Because the Determination prescribes limited data fields rather than open-ended disclosure, the trustee’s compliance burden is more bounded. Requesting parties may still need expert valuation work to convert the supplied factors into a dollar value under the approved valuation method.\n\n- Interaction with valuation rules: the information the trustee must provide is tied to the Methods and Factors Approval (Schedule 1 tables). That ties disclosure to particular valuation formulas; parties seeking alternative calculations or additional supporting documents may need to request them separately or incur additional evidentiary costs.\n\nKey mechanics by section (brief)\n\n- Clause 3 (Definitions): imports defined terms and makes the Determination operate by reference to tables and factor definitions in the Methods and Factors Approval and to meanings in the Superannuation Act Rules.\n- Clause 4 (Application): limits the Determination to PSS interests for which a method and factors have been approved under the Methods and Factors Approval.\n- Clause 5 (Growth-phase interests): for each listed item in the growth-phase table, says which regulatory paragraphs are not required and which factors/member details must be provided (examples: dates of birth, first day of membership, factor definitions such as ABM, AMC, APC, ATA, ERDA, UDB, FDB, FLS, UFLS, etc.).\n- Clause 6 (Payment-phase interests): analogous to clause 5 but for pension (payment-phase) interests — prescribes which paragraphs of the Regulations need not be supplied and lists required factor definitions and member status fields (e.g. date of birth, type of pension, whether the pension is reduced, classification of associate or invalidity pensions, amounts payable for eligible children).\n- Clause 7 (Application of 2024 amendments): makes the 2024 amendments to section 5 apply to outstanding requests (made before the amendment but not yet complied with) and to requests made after the amendment starts.\n\nCosts, incentives and implementation risks (practical testing of purpose claims)\n\n- Who pays: the trustee (PSS administrator) will pay the compliance cost of extracting and supplying the prescribed factors. Requesting parties pay for valuation and legal work that uses the supplied data.\n- Incentives: standardising the disclosure reduces trustees’ uncertainty and likely lowers their administrative cost. It also constrains requesting parties to work with the defined factor set; if parties want additional documents (e.g. historic transaction records, detailed account statements) they may have to make separate requests or summonses, increasing their costs.\n- Trade-offs and opportunity cost: limiting the required disclosure reduces administrative load on the trustee but may increase litigation or valuation costs if the prescribed factors are insufficient for a party’s valuation approach. It may also delay resolution if parties must get supplementary evidence.\n- Bureaucratic discretion: the Determination narrows trustee discretion by specifying required and exempt items. Where it exempts items, trustees have clearer grounds to refuse those disclosures under the Regulations.\n- Implementation risk: heavy reliance on external instruments (Methods and Factors Approval, Regulations, Rules) means changes to those instruments can alter materially what is required here; the Determination’s scope therefore moves when the referenced approvals or tables change.\n\nWhere to look in the instrument for specifics\n\n- For the exact list of which factors are required versus not required, see section 5 (growth-phase) and section 6 (payment-phase). For defined factor meanings, consult the Methods and Factors Approval (Schedule 1 tables referenced). For the transitional application of later amendments, see section 7.\n\n(End of summary.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: specifying information disclosure requirements for the PSS Scheme in family law contexts. The 2024 amendment (section 7) is a standard application provision for the update, not an expansion of scope."},"complexity_factors":["Heavy cross-referencing to external instruments: the 'Methods and Factors Approval' (2003), the 'Rules' under the Superannuation Act 1990, and the Family Law (Superannuation) Regulations 2001","Dense tabular structure with four columns requiring horizontal reading across defined terms, regulatory paragraphs, and specific factor definitions","Numerous undefined acronyms and abbreviations (ABM, AMC, APC, ATA, ERDA, UDB, FDB, FLS, UFLS, P) that require reference to the external Methods and Factors Approval","Nested conditional logic in section 6 regarding pension types (associate standard vs preserved, normal vs invalidity, Reduced Pension elections)","Dual-phase structure (growth vs payment) with different information requirements for each","Technical terminology from superannuation law ('preserved benefit', 'eligible children', 'partially dependent children') without on-the-spot definitions","Retrospective application clause in section 7 covering both pre-existing and future applications"],"plain_english_summary":"**What this legislation does:**\n\nThis Determination sets out exactly what information the trustee of the **Public Sector Superannuation Scheme (PSS)** must (and must not) provide when someone asks for details about a superannuation interest during family law proceedings.\n\nWhen couples separate and divide their property, superannuation is often included in the settlement. To do this fairly, lawyers and courts need accurate information about the value of each person's super. This instrument tells the PSS trustee:\n\n- **What information they can skip** (column 3 of the tables)\n- **What information they must hand over** (column 4 of the tables)\n\nThe rules differ depending on whether the super interest is in the **\"growth phase\"** (still accumulating, not yet paying out) or the **\"payment phase\"** (already paying a pension).\n\n**Who it affects:**\n- **Federal public servants** who are members of the PSS Scheme (established under the *Superannuation Act 1990*)\n- **Family lawyers** handling property settlements\n- **The PSS trustee** (currently Commonwealth Superannuation Corporation)\n- **Former spouses/partners** seeking information about their ex's super for property division\n\n**Why it matters:**\nWithout this Determination, trustees wouldn't know which specific details to release when asked under the *Family Law (Superannuation) Regulations 2001*. It streamlines the process by creating a standardised list—so trustees don't have to provide every possible detail, but they must provide the specific factors needed to calculate the super's value for family law purposes (like ABM, AMC, APC for growth phase interests, or pension details for payment phase interests).\n\nThe 2024 amendment (section 7) ensures these updated rules apply both to pending requests and new ones."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-public-sector-superannuation-scheme-determination","history":"/api/acts/family-law-superannuation-provision-of-information-public-sector-superannuation-scheme-determination/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-public-sector-superannuation-scheme-determination/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-public-sector-superannuation-scheme-determination/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-public-sector-superannuation-scheme-determination/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-public-sector-superannuation-scheme-determination/documents"}}