{"id":"F2008L01115","name":"Family Law (Superannuation) (Provision of Information - Victorian Pension Schemes) Determination 2008","slug":"family-law-superannuation-provision-of-information-victorian-pension-schemes-determination-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73281,"registerId":"commonwealth-F2008L01115-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 - Victorian Pension Schemes) Determination 2008","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008\n\nas amended\n\nmade under subregulation 64 (7) of the\n\nFamily Law (Superannuation) Regulations 2001\n\nThis compilation was prepared on 3 September 2009 \ntaking into account amendments up to Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Amendment Determination 2009 (No. 1)\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Name of Determination \\[see Note 1\\]\n\n2 Commencement \\[see Note 1\\]\n\n3 Definitions\n\n4 Application of Determination\n\n5 Information not required to be provided by trustee\n\n6 Information trustee must provide\n\nNotes\n\n1 Name of Determination \\[see Note 1\\]\n\nThis Determination is the Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008.\n\n2 Commencement \\[see Note 1\\]\n\nThis Determination commences on the day after it is registered.\n\n3 Definitions\n\nIn this Determination:\n\n> associate judge of the County Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.\n\n> Associate Judge of the Supreme Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.\n\n> eligible office has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.\n\n> Governor means a person appointed as Governor of the State of Victoria under section 6 of the Constitution Act 1975 (Vic).\n\n> judge of the County Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.\n\n> Judge of the Supreme Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 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> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n> Victorian pension scheme means a scheme mentioned in column 2 of an item in the table in clause 2 of Part 7 of Schedule 3 to the Methods and Factors Approval.\n\n4 Application of Determination\n\nThis Determination applies in relation to an interest in a Victorian pension scheme for which a method has been approved under Part 7 of Schedule 3 to the Methods and Factors Approval.\n\n5 Information not required to be provided by trustee\n\nFor paragraph 64 (7) (a) of the Regulations, the trustee of a Victorian pension scheme is not required to provide the information mentioned in paragraphs 64 (4) (a), (b), (d), (da) and (e) to (i) of the Regulations about an interest in the scheme.\n\n6 Information trustee must provide\n\n(1) For paragraph 64 (7) (b) of the Regulations, the trustee of a Victorian pension scheme must provide the following information about an interest in the scheme:\n\n(a) the information mentioned in the definition of each of the following factors in subclause 4 (1) of Part 7 of Schedule 3 to the Method and Factors Approval:\n\n(i) FLMR;\n\n(ii) S;\n\n(iii) QS;\n\n(b) in relation to the person who holds the interest:\n\n(i) the person’s date of birth; and\n\n(ii) the date when the person first commenced service in the person’s eligible office; and\n\n(iii) if the person’s eligible office is Governor — the person’s age at the end of the period for which the person agreed to act as Governor; and\n\n(iv) if the person’s eligible office is Judge of the Supreme Court or Associate Judge of the Supreme Court — the date (if any) when the person first commenced service in a prior office that counts as service in the eligible office under subsection 83 (6) of the Constitution Act 1975 (Vic); and\n\n(v) if the person’s eligible office is judge of the County Court or associate judge of the County Court — the date (if any) when the person first commenced service in a prior office that counts as service in the eligible office under subsection 14 (5) of the County Court Act 1958 (Vic); and\n\n(vi) if the requirements of Division 2.2 of the Regulations have been satisfied in respect of the entitlement of a spouse or former spouse of the person, being an entitlement arising under a superannuation agreement, a flag lifting agreement or a splitting order that applies to the interest — the date when those requirements were satisfied.\n\n(2) For the purpose of providing the information mentioned in the definition of S for subparagraph (1) (a) (ii), a reference in the Methods and Factors Approval to ‘the relevant date’ is to be read as if it were a reference to ‘the appropriate date’.\n\n> Notes to the Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008\n\n> Note 1\n\n> Note: The Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008 (in force under subregulation 64 (7) of the Family Law (Superannuation) Regulations 2001) as shown in this compilation is amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Title | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| ----------------------------------------------------------------------------------------------------------------------- | ----------------------------- | ------------------- | --------------------------------------------- |\n| Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008 | 1 May 2008 (see F2008L01115) | 2 May 2008 | |\n| Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Amendment Determination 2009 (No. 1) | 2 Sept 2009 (see F2009L03350) | 3 Sept 2009 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 3.................

am. 2009 No. 1

S. 6.................

am. 2009 No. 1

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination remains tightly scoped to its original purpose: specifying information requirements for Victorian judicial and gubernatorial pension schemes in family law proceedings. It has not expanded beyond this narrow, technical function since its 2008 commencement and 2009 amendment (which only updated definitions and information requirements within the existing framework)."},"complexity_factors":["Heavy cross-referencing to external instruments: the Methods and Factors Approval 2003 and Family Law (Superannuation) Regulations 2001","7 defined terms, most of which point to definitions in other legislative instruments rather than being defined in situ","Nested conditional logic in section 6(1)(b) with 6 subparagraphs covering different office types (Governor, Supreme Court judges, County Court judges) with different information requirements for each","Technical terminology requiring specialist knowledge (FLMR, S, QS, 'eligible office', 'prior office')","Substitution rule in section 6(2) that modifies how external definitions are read ('relevant date' becomes 'appropriate date')","Reliance on Victorian state legislation (Constitution Act 1975 and County Court Act 1958) for operational details"],"plain_english_summary":"This Determination creates a narrow exception for Victorian pension schemes for the Governor and senior judges: when couples separate and must value and split these pension interests, trustees need not supply the usual superannuation disclosure. Instead they must provide a tailored, limited set of details aligned with the schemes’ special valuation methods. It affects trustees, separating members of those schemes, and family lawyers handling such property settlements."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Determination narrows and specifies the scope of information trustees must provide under regulation 64(7) of the Regulations by exempting certain reg 64(4) items (clause 5) and mandating a limited set of valuation-factor data and member-specific dates (clause 6). It therefore changes the practical disclosure obligations of trustees from a broader default list to a focused set tied to the Methods and Factors Approval."},"complexity_factors":["Extensive cross-references to other instruments: relies on the Family Law (Superannuation) Regulations 2001 (reg 64(4) and 64(7)) (see cl 4 and cl 5).","Dependence on the Methods and Factors Approval: required valuation-factor information is defined in subclause 4(1) of Part 7 to that Approval (see cl 6(1)(a)).","Conditional, office‑specific data requirements: different additional dates are required depending on whether the member is Governor, Supreme Court judge/associate judge, or County Court judge/associate judge (see cl 6(1)(b)(iii)–(v)).","Narrowing and substitution rule: a textual substitution for the meaning of 'relevant date' to 'appropriate date' when providing the S factor (see cl 6(2)).","Compliance burden concentrated on trustees: trustees must identify and extract specified data from scheme records and external statutes (Constitution Act 1975 (Vic) and County Court Act 1958 (Vic) are invoked in definitions) (see cll 3 and 6).","Limited discretionary content: instrument prescribes mandatory inclusions and specific exemptions, leaving little trustee discretion but requiring cross-document interpretation (see cll 5–6).","Amendment history and narrow scope: the Determination is short but amended (2009), so implementers must track versions (see Notes)."],"plain_english_summary":"This Determination tells trustees of specified Victorian pension schemes what superannuation information to supply (and what they do not have to supply) for family law valuation purposes. It exempts trustees from providing several items listed in regulation 64(4) and instead requires specific valuation-factor data and member details (dates of birth and service, and certain office‑specific dates). It matters because it fixes the data trustees must deliver to support approved valuation methods."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-victorian-pension-schemes-determination-2008","history":"/api/acts/family-law-superannuation-provision-of-information-victorian-pension-schemes-determination-2008/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-victorian-pension-schemes-determination-2008/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-victorian-pension-schemes-determination-2008/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-victorian-pension-schemes-determination-2008/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-victorian-pension-schemes-determination-2008/documents"}}