{"id":"F2003B00312","name":"Family Law (Superannuation) (Provision of Information - SA Local Government Superannuation Scheme) Determination 2003","slug":"family-law-superannuation-provision-of-information-sa-local-government-superannuation-scheme-determi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31221,"registerId":"commonwealth-F2003B00312-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—SA Local Government Superannuation Scheme) Determination 2003.","sortOrder":0},{"sectionNumber":"2A","sectionType":"section","heading":"Authority","content":"#### 2A Authority\n\n  This Determination is made under subregulation 64(7AA) of the Family Law (Superannuation) Regulations 2001.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Determination:\n\n> Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\n> Rules means the rules set out in Division 4 of the trust deed.\n\n> SA Local Government Superannuation Fund means the Fund established by the Rules.\n\n> SA Local Government Superannuation Scheme means the scheme continued in existence by paragraph 2(1)(b) of Schedule 1 to the Local Government (Superannuation Scheme) Amendment Act 2008 of South Australia.\n\n> trust deed means the declaration of trust dated 8 February 1988, made by Host‑Plus Pty Ltd, as amended and in force on 29 April 2022.","sortOrder":2},{"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 SA Local Government Superannuation Scheme for which a method and factors have been approved under Part 2 of Schedule 6 to the Methods and Factors Approval.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Information to be provided by trustee","content":"#### 5 Information to be provided by trustee\n\n  For the purposes of paragraph 64(7AA)(c) of the Family Law (Superannuation) Regulations 2001, the trustee of the SA Local Government Superannuation Scheme must provide the following information about the superannuation interest:\n    (a) for an interest mentioned in item 1 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the balance of the member’s accumulation benefit:\n    (i) at the date when the application for information is received by the trustee; or\n    (ii) if the application for information specifies that the information is required in relation to an earlier date—at that earlier date;\n    (b) for an interest mentioned in item 2 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the value of the benefit retained by the member spouse in the SA Local Government Superannuation Fund under rule 58 of Sub‑division C of the Rules:\n    (i) at the date when the application for information is received by the trustee; or\n    (ii) if the application for information specifies that the information is required in relation to an earlier date—at that earlier date.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination remains tightly scoped to its original purpose: specifying information disclosure requirements for a single, specific South Australian superannuation scheme. It has not expanded beyond this narrow technical function."},"complexity_factors":["Heavy cross-referencing to external instruments: refers to the Family Law (Superannuation) Regulations 2001, the Methods and Factors Approval 2003, and the SA Local Government (Superannuation Scheme) Amendment Act 2008","Nested document references: clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval; rule 58 of Sub-division C of the Rules","Requires knowledge of fund-specific terminology: 'accumulation benefit', 'retained benefit', 'member spouse'","Conditional logic in section 5: different information required depending on which 'item' in a table applies, and whether a specific date is requested","Short length (only 5 substantive sections) keeps complexity relatively contained despite the referencing"],"plain_english_summary":"This is a very specific technical rule that tells a particular South Australian superannuation fund (the SA Local Government Superannuation Scheme) what information it must hand over when someone asks for details about a superannuation interest during family law proceedings.\n\n**What it does:**\n- When couples split up and divide their assets, superannuation (retirement savings) often needs to be valued. This Determination sets out exactly what the trustee of this specific SA fund must provide when asked.\n- It applies to two types of superannuation interests in this fund:\n  1. **Accumulation benefits** — the standard account balance type of super\n  2. **Retained benefits** — a specific type of benefit held under the fund's rules\n\n**Who it affects:**\n- Members of the SA Local Government Superannuation Scheme who are going through family law property settlements\n- The trustee of that fund (which manages the money)\n- Family lawyers and courts handling property splits\n\n**Why it matters:**\nWithout this rule, the fund wouldn't know what information to provide when asked. This ensures consistent, legally compliant disclosure so that superannuation can be properly valued and divided fairly between separating spouses. It's essentially a 'fill in the blanks' instruction for this one specific fund, plugging into the broader Family Law (Superannuation) Regulations 2001."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination is narrowly prescriptive and limited to specifying the information a trustee must provide for particular SA Local Government Superannuation Scheme interests where valuation methods and factors have been approved. It does not expand the range of schemes covered, add new types of information beyond the two items listed, or create additional substantive powers. Any updates visible (for example, the trust deed date reference) are administrative; they do not materially broaden the Determination's original purpose of setting disclosure requirements under regulation 64(7AA)."},"complexity_factors":["Short instrument: 5 clauses only (name, authority, definitions, application, information obligation).","Limited number of defined terms (5 specific defined terms in clause 3).","Cross-references to external instruments: subregulation 64(7AA) of the Family Law (Superannuation) Regulations 2001 and the Methods and Factors Approval 2003 (requires reader to consult those instruments for full context).","Reference to Scheme-specific documents: the trust deed and 'Rules' (rule 58) — requires access to the trust deed to interpret the meaning of the retained benefit.","Simple conditional logic: information must be provided as at either the date the trustee receives the application or an earlier date specified (one level of conditionality).","Narrow subject-matter scope reduces interpretive complexity (applies only to interests for which methods and factors have been approved under a particular Schedule)."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Determination tells the trustee of the SA Local Government Superannuation Scheme exactly what information they must give, on request, about certain kinds of superannuation interests when someone is dealing with a family law matter.\n- It applies only to interests in that Scheme for which a valuation \"method and factors\" have been approved under the Methods and Factors Approval (see clause 4).\n- For the two types of interests listed in the Methods and Factors Approval, the trustee must provide either:\n  - the member's accumulation balance (for the accumulation interest); or\n  - the value of the benefit that a member spouse has retained under rule 58 of the Scheme's rules (for the defined-retained benefit).\n- The information must be given as at the date the trustee receives the request, or as at an earlier date if the requester specifies one (see clause 5).\n\nWho this affects\n\n- Trustees of the SA Local Government Superannuation Scheme (the party that must supply the information).\n- Scheme members and their spouses or former spouses (who will request or rely on the information in family law proceedings).\n- Family law practitioners and courts that use the supplied figures to value superannuation in property or financial settlements.\n\nWhy it matters (purpose and practical effect)\n\n- The stated purpose is to operationalise paragraph 64(7AA)(c) of the Family Law (Superannuation) Regulations 2001 by identifying the exact items the trustee must disclose for the specified types of interests (see clause 2A and clause 5).\n- Practically, the Determination reduces ambiguity about what figures a trustee must provide for valuation and splitting of these particular super interests. That reduces the need for ad hoc requests or litigation about what data is required.\n\nCosts, incentives and trade-offs\n\n- Who pays: trustees will bear the direct administrative cost of assembling and supplying the requested figures (cl. 5). The Determination does not set any fee — whether a trustee can charge for supplying the information will depend on other rules or the trust deed.\n- Who decides: a family law party (member or spouse) requests the information; the trustee is obliged to supply the specified items (cl. 5).\n- Behavioural effects: trustees must keep or be able to produce current and specified historic balances/value figures when requested; requesters can ask for the figure as at an earlier date (which may require trustees to retrieve archived records).\n- Risks and implementation issues: if records are incomplete or archived in ways that make historical balances costly to reconstruct, trustees face compliance costs and potential delays. Disputes could arise about the accuracy or methodology unless the method and factors approval already governs valuation procedure.\n- Concentrated benefits and diffuse costs: the benefit (clear, standardised disclosure) mainly accrues to family law applicants and their lawyers; the cost (administration to produce information) is concentrated on the trustee and, indirectly, on the Scheme's members.\n\nHow this interacts with private choice and markets\n\n- The Determination imposes a narrow, sector‑specific disclosure obligation on a single scheme trustee rather than a general regulatory burden across industry. It does not change investment rules, benefits or ownership of assets; it only prescribes information disclosure for family law purposes (cl. 4 and cl. 5).\n\nRelevant provisions cited\n\n- Authority for the rule: made under subregulation 64(7AA) of the Family Law (Superannuation) Regulations 2001 (cl. 2A).\n- Defined terms: \"Methods and Factors Approval\", \"Rules\", \"SA Local Government Superannuation Fund\", \"SA Local Government Superannuation Scheme\", and \"trust deed\" (cl. 3).\n- Information obligation: trustee must supply the accumulation balance or retained-benefit value, as applicable, at the date of receipt of the request or an earlier date if specified (cl. 5)."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-sa-local-government-superannuation-scheme-determi","history":"/api/acts/family-law-superannuation-provision-of-information-sa-local-government-superannuation-scheme-determi/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-sa-local-government-superannuation-scheme-determi/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-sa-local-government-superannuation-scheme-determi/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-sa-local-government-superannuation-scheme-determi/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-sa-local-government-superannuation-scheme-determi/documents"}}