{"id":"nsw:act-2003-077","name":"Superannuation Legislation Amendment (Family Law) Act 2003","slug":"superannuation-legislation-amendment-family-law-act-2003","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"77 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104959,"registerId":"nsw-act-2003-077-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Superannuation Legislation Amendment (Family Law) Act 2003](/view/html/inforce/current/act-2003-077).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on the date of assent to this Act, except as provided by subsections (2) and (3).\n> \n> > (2) Schedules 1 \\[2\\]–\\[4\\], 2, 5, 6, 7, 10, 11 and 12 commence on a day or days to be proclaimed.\n> \n> > (3) Schedule 13 \\[2\\] is taken to have commenced on 29 November 2002.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Amendment of Acts and Regulation","content":"#### 3 Amendment of Acts and Regulation\n\n3 Amendment of Acts and Regulation\n\n> The Acts and Regulation specified in Schedules 1–13 are amended as set out in those Schedules.","sortOrder":2},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Am 2005 No 64, Sch 3. Rep 2011 No 27, Sch 4.","sortOrder":3},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Amendment of Judges’ Pensions Act 1953 No 41","content":"# Schedule 2 Amendment of Judges’ Pensions Act 1953 No 41\n\nSchedule 2 Amendment of [Judges’ Pensions Act 1953 No 41](/view/html/inforce/current/act-1953-041)\n\n(Section 3)\n\n**sch 2:** Am 2011 No 27, Sch 3.13.\n\n**sch 3:** Rep 2005 No 64, Sch 3.\n\n**sch 4:** Rep 2005 No 64, Sch 3.\n\n**schs 5–7:** Rep 2011 No 27, Sch 4.\n\n**sch 8:** Rep 2005 No 64, Sch 3.\n\n**sch 9:** Rep 2005 No 64, Sch 3.\n\n**schs 10–12:** Rep 2011 No 27, Sch 4.\n\n**sch 13:** Rep 2005 No 64, Sch 3.","sortOrder":4},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Provisions relating to family law superannuation legislation","content":"# Part 3A Provisions relating to family law superannuation legislation\n\nPart 3A Provisions relating to family law superannuation legislation","sortOrder":7},{"sectionNumber":"15A","sectionType":"section","heading":"Definitions","content":"#### 15A Definitions\n\n15A Definitions\n\n> In this Part:\n> \n> complying superannuation fund means:\n> \n> > (a) a regulated superannuation fund under the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth, or\n> \n> > (b) the First State Superannuation Fund.\n> \n> family law superannuation entitlement has the same meaning as it has in section 15C (2) (a).\n> \n> family law superannuation legislation means Part VIIIB of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth and the [Family Law (Superannuation) Regulations 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> family law superannuation payment means an amount payable under this Part to or in respect of a non-member spouse.\n> \n> First State Superannuation Fund has the same meaning as Fund has in the [First State Superannuation Act 1992](/view/html/inforce/current/act-1992-100).\n> \n> flag lifting agreement has the same meaning as it has in Part VIIIB of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> FTC has the same meaning as in the [First State Superannuation Act 1992](/view/html/inforce/current/act-1992-100).\n> \n> member spouse, in relation to a superannuation interest under this Act, means the spouse who has the superannuation interest.\n> \n> non-member spouse, in relation to a superannuation interest under this Act, means the spouse who is not the member spouse in relation to that interest.\n> \n> payment split has the same meaning as it has in Part VIIIB of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> RSA means a retirement savings account within the meaning of the [Retirement Savings Accounts Act 1997](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> splitting order has the same meaning as it has in Part VIIIB of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> spouse of a person means a person who is or was married to that person.\n> \n> superannuation agreement has the same meaning as it has in Part VIIIB of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> superannuation interest means an interest that a judge, retired judge or any other person has as a member or a beneficiary of the superannuation scheme established under this Act.","sortOrder":8},{"sectionNumber":"15B","sectionType":"section","heading":"Payment of benefits where superannuation interests affected by flagging order or payment split","content":"#### 15B Payment of benefits where superannuation interests affected by flagging order or payment split\n\n15B Payment of benefits where superannuation interests affected by flagging order or payment split\n\n> Nothing in this Act:\n> \n> > (a) requires the payment of a benefit or any other payment under this Act, to the extent that any such payment would contravene provisions of the family law superannuation legislation or any order or agreement made under that legislation, or\n> \n> > (b) prevents the payment or reduction of a benefit or any other payment, to the extent that the payment or reduction is required to be made, or results from a requirement, under the family law superannuation legislation or any order or agreement made under that legislation.","sortOrder":9},{"sectionNumber":"15C","sectionType":"section","heading":"Payment splits","content":"#### 15C Payment splits\n\n15C Payment splits\n\n> > (1) The object of this section is to facilitate arrangements for payment splits under the family law superannuation legislation and to provide for family law superannuation payments to or in respect of non-member spouses for the purposes of satisfying the requirements of Division 2.2 of Part 2 of the [Family Law (Superannuation) Regulations 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Note—\n> > \n> > The effect of satisfying those requirements is that payments to the member spouse of a benefit under this Act will be no longer liable to be split for the purposes of the family law superannuation legislation.\n> \n> > (2) A non-member spouse has a family law superannuation entitlement to which this section applies if:\n> > \n> > > (a) the non-member spouse has an entitlement, that is operative, to be paid an amount under a superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest of a member spouse (a family law superannuation entitlement), and\n> > \n> > > (b) the member spouse is in receipt of a pension, or is eligible to be paid a lump sum benefit, under this Act, and\n> > \n> > > (c) the family law superannuation entitlement has not been paid to the non-member spouse by the member spouse, or waived by the non-member spouse, in accordance with the family law superannuation legislation.\n> \n> > (3) On written notice by a member spouse or a non-member spouse, or by any other person or court, of a family law superannuation entitlement of a non-member spouse to which this section applies, the Minister must take one of the following actions:\n> > \n> > > (a) pay or release to the non-member spouse an amount, of the value of the family law superannuation entitlement (less any costs chargeable),\n> > \n> > > (b) transfer or rollover to a complying superannuation fund or an RSA nominated by the non-member spouse an amount, of the value of the family law superannuation entitlement (less any costs chargeable), to be held for the benefit of the non-member spouse.\n> \n> > (4) The Minister may take the action set out in subsection (3) (a) only if the member spouse is in receipt of a pension under this Act or the non-member spouse has satisfied a condition for payment or release of a benefit of a kind that would entitle a person to payment of a benefit if the Fund were a complying superannuation fund.\n> \n> > (5) The Minister must transfer a family law superannuation payment to FTC for crediting to the First State Superannuation Fund if:\n> > \n> > > (a) the payment is not payable under subsection (3) (a), and\n> > \n> > > (b) a non-member spouse fails, within the period prescribed by the regulations, to make a nomination for the purposes of subsection (3) (b) or a nominated fund or RSA does not accept the nomination.\n> \n> > (6) For the purposes of this section, the value of a family law superannuation entitlement or a family law superannuation payment of a non-member spouse is to be determined in accordance with any applicable provisions of the regulations and the family law superannuation legislation.","sortOrder":10},{"sectionNumber":"15D","sectionType":"section","heading":"Reduction of benefits of member spouses","content":"#### 15D Reduction of benefits of member spouses\n\n15D Reduction of benefits of member spouses\n\n> > (1) The Minister may reduce the amount of any benefit payable under this Act to or in respect of a member spouse (or a spouse or de facto partner of a member spouse) if a family law superannuation entitlement is paid or payable to or in respect of the non-member spouse under the family law superannuation legislation or this Part or the regulations.\n> \n> > (2) A preserved or deferred benefit may be reduced under this section.\n> \n> > (3) A pension may be reduced under this section even though payment of the pension first commenced before the payment of the amount to or in respect of the non-member spouse.\n> \n> > (4) The benefit is to be reduced in accordance with the regulations and any applicable provisions of the family law superannuation legislation.","sortOrder":11},{"sectionNumber":"15E","sectionType":"section","heading":"Accrued benefit multiples","content":"#### 15E Accrued benefit multiples\n\n15E Accrued benefit multiples\n\n> > (1) For the purposes of the family law superannuation legislation, the accrued benefit multiple of a member spouse is the period (in years and parts of years) that the member spouse served as a judge in the judicial office (including any prior judicial service within the meaning of section 8) that he or she held immediately before becoming eligible for payment of a pension or a lump sum benefit.\n> > \n> > Note—\n> > \n> > Under the family law superannuation legislation, the accrued benefit multiple is a factor used to determine the amount payable to a non-member spouse who becomes entitled to a payment.\n> \n> > (2) In the case of a member spouse who is the widow or widower of a former judge, the accrued benefit multiple is the same as the accrued benefit multiple for the former judge.","sortOrder":12},{"sectionNumber":"15F","sectionType":"section","heading":"Regulations","content":"#### 15F Regulations\n\n15F Regulations\n\n> Regulations may be made for or with respect to the following matters:\n> \n> > (a) elections by non-member spouses for payment of family law superannuation entitlements,\n> \n> > (b) the persons or bodies to whom a family law superannuation payment under section 15C or a payment referred to in paragraph (i) may be paid,\n> \n> > (c) the composition of payments made for the purposes of the family law superannuation legislation or this Part, having regard to the composition of the member spouse’s superannuation interest under this Act before the payment is paid,\n> \n> > (d) the payment of fees for or with respect to family law superannuation payments,\n> \n> > (e) notice of family law superannuation entitlements and payment splits,\n> \n> > (f) the periods for payment of family law superannuation payments,\n> \n> > (g) the calculation of payments and entitlements for the purposes of the family law superannuation legislation or this Part (including payments under paragraph (i)),\n> \n> > (h) the calculation of the value of superannuation interests of member spouses for the purposes of the family law superannuation legislation or this Part,\n> \n> > (i) additional circumstances in which an offer may be made, and payment may be made, to a non-member spouse where a superannuation interest is subject to a payment split,\n> \n> > (j) the charging of, and payment from, the Consolidated Fund of a payment made in the circumstances prescribed under paragraph (i),\n> \n> > (k) the reduction of benefits (including deferred or preserved benefits) payable to or in respect of member spouses, or spouses or de facto partners of member spouses, as a consequence of payments under the family law superannuation legislation or this Part,\n> \n> > (l) without limiting paragraph (k), the commutation of pensions or parts of pensions for the purposes of the reduction of benefits as a consequence of payments under the family law superannuation legislation or this Part.","sortOrder":13},{"sectionNumber":"4","sectionType":"section","heading":"Section 16A Accrued benefit multiples for family law superannuation purposes","content":"#### 4 Section 16A Accrued benefit multiples for family law superannuation purposes\n\n\\[4\\] Section 16A Accrued benefit multiples for family law superannuation purposes\n\n> Omit the section.","sortOrder":15},{"sectionNumber":"5","sectionType":"section","heading":"Schedule 1 Savings and transitional provisions","content":"#### 5 Schedule 1 Savings and transitional provisions\n\n\\[5\\] Schedule 1 Savings and transitional provisions\n\n> Insert at the end of clause 1 (1):\n> \n> > [Superannuation Legislation Amendment (Family Law) Act 2003](/view/html/inforce/current/act-2003-077) (but only to the extent that it amends this Act)","sortOrder":16},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedules 3–13 (Repealed)","sortOrder":17}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: enabling the splitting of judges' pensions under family law. While it creates detailed machinery provisions to implement this, it has not expanded beyond the core objective of integrating judicial pensions with the Commonwealth family law superannuation splitting regime."},"complexity_factors":["Multiple cross-references to external legislation (Family Law Act 1975, Superannuation Industry (Supervision) Act 1993, First State Superannuation Act 1992, Retirement Savings Accounts Act 1997, Family Law (Superannuation) Regulations 2001)","13 defined terms in section 15A alone, many of which reference external statutes","Conditional payment logic in section 15C with multiple prerequisites (subsection 2) and alternative payment pathways (subsections 3-5)","Nested exceptions and timing rules (e.g., section 15D allowing reduction of pensions even if payments started before the split)","Regulation-making powers in section 15F with 12 distinct subject matters, deferring significant operational detail to subordinate legislation","Interaction between state judicial pension scheme and Commonwealth family law framework creates jurisdictional complexity"],"plain_english_summary":"This law changes how judges' pensions are handled when judges get divorced or separate. It makes sure that when a couple splits up, the non-judge spouse (the ex-partner) can get their fair share of the judge's superannuation/pension, as ordered by the Family Court.\n\n**What it does:**\n- **Allows pension splitting**: When a judge and their spouse divorce, the court can order that a portion of the judge's future pension be paid to the ex-spouse (called the \"non-member spouse\").\n- **Sets up payment rules**: The law creates a system where the ex-spouse can either:\n  - Get a lump sum cash payment (if the judge is already receiving a pension, or if the ex-spouse has reached retirement age), **or**\n  - Have the money rolled over into their own superannuation fund (like a regular retirement account).\n- **Protects the pension fund**: If the ex-spouse doesn't choose where to put the money, it goes into a government super fund (First State Super) instead of sitting in limbo.\n- **Reduces the judge's pension accordingly**: The judge's future pension payments are reduced to account for what was paid to the ex-spouse.\n- **Defines key terms**: It explains what counts as a \"superannuation interest\" and how to calculate the value of the pension share.\n\n**Who it affects:**\n- Judges (current and retired) in NSW who have pension entitlements under the Judges' Pensions Act 1953\n- Their spouses or ex-spouses who are entitled to a share of that pension through family law proceedings\n- The government departments that administer these pensions\n\n**Why it matters:**\nBefore this law, judges' pensions were tricky to split in divorce cases because they work differently from regular superannuation. This law bridges the gap between family law (which says super can be divided in a divorce) and the special rules that apply to judicial pensions. It ensures ex-spouses get their fair share while keeping the pension system financially sound."},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent: aligning NSW superannuation legislation with federal family law requirements for property settlements on relationship breakdown. The staged commencement of some provisions (2003, 2005, 2011) suggests phased implementation rather than any fundamental change in scope."},"complexity_factors":["Interaction between state (NSW) and federal (Commonwealth) legislative frameworks — superannuation is primarily federal but state schemes require separate amendments","Not all provisions have commenced, creating uncertainty about which parts of the law are actually operative","Amends multiple existing pieces of superannuation legislation rather than standing alone, requiring cross-referencing","Technical superannuation law concepts (fund splitting, trustee obligations, valuation methods) underpin the amendments","Limited text available in the provided extract — full complexity of operative provisions cannot be assessed from metadata alone"],"plain_english_summary":"## Superannuation Legislation Amendment (Family Law) Act 2003 (NSW)\n\n**What does this law do?**\nThis NSW Act amends existing superannuation (retirement savings) laws to bring them into line with family law requirements — specifically around how superannuation is treated when a relationship breaks down (divorce or separation).\n\n**Who does it affect?**\n- Couples going through **divorce or separation** who have superannuation entitlements\n- **Superannuation fund trustees** (the people who manage retirement funds on your behalf)\n- NSW public sector employees with state-based superannuation schemes\n\n**Why does it matter?**\nBefore laws like this, superannuation was often invisible in property settlements — you couldn't easily split or access a partner's super as part of a divorce. This Act helps ensure NSW superannuation schemes comply with federal family law rules that allow super to be **divided or 'split' between separating partners** as part of a fair property settlement.\n\n**Key practical effect:**\nIf you separate from a partner, this law means your NSW superannuation entitlements can be identified, valued, and potentially split with your ex-partner under a court order or formal agreement — just like dividing a house or bank account.\n\n**Important caveat:**\nOnly *some* provisions of this Act have actually commenced (come into effect) — meaning parts of it remain on the books but are not yet fully operational, even as of 2026."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Status Information - Provisions in force","severity":"high","reasoning":"An Act with uncommenced provisions after 22+ years creates a structural absurdity: persons and entities subject to the Act cannot know with certainty which obligations are legally operative. This is particularly acute in a family law/superannuation context where financial and property rights are at stake. The Act purports to be current and authoritative while simultaneously acknowledging it is incomplete in legal effect.","confidence":0.85,"description":"The legislation explicitly states 'Some, but not all, of the provisions displayed in this version of the legislation have commenced' while simultaneously being presented as the current 'in force' version as of 8 July 2011 — more than 22 years after the Act was passed in 2003."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not strictly a legislative flaw, the combination of a 15-year-old file modification date with a live 'current version' designation and a promise of 3-working-day updates is internally inconsistent. It undermines the reliability guarantee offered by the authorisation statement under s45C of the Interpretation Act 1987.","confidence":0.7,"description":"The status metadata states the legislation is 'usually updated within 3 working days after a change' yet the file was last modified on 8 July 2011 — nearly 15 years before the access date of 3 April 2026. This implies either no amendments have occurred in 15 years or the update mechanism has failed."}],"contradictions":[{"severity":"high","section_a":"Status Information - Provisions in force ('Some, but not all, of the provisions displayed in this version of the legislation have commenced')","section_b":"Status Information - Authorisation ('certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987')","confidence":0.8,"description":"The document is simultaneously certified as the legally correct and authoritative form of the legislation under s45C of the Interpretation Act 1987, while expressly disclosing that not all displayed provisions are in force. A document cannot be both fully authoritative as to the law currently in force and acknowledge that portions of its displayed text have no legal effect, without identifying which portions those are."},{"severity":"medium","section_a":"Point-in-time versions (current version stated as 'Current from 8/07/2011')","section_b":"Status Information - Provisions in force ('Some, but not all, of the provisions displayed in this version of the legislation have commenced')","confidence":0.75,"description":"The version is presented as the definitive current version from 8 July 2011 to the access date, implying legislative stability and completeness. This directly contradicts the admission that certain provisions remain uncommenced, meaning the 'current version' does not represent a complete, operative legal instrument — a contradiction between form and substance."}]}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-legislation-amendment-family-law-act-2003","history":"/api/acts/superannuation-legislation-amendment-family-law-act-2003/history","analysis":"/api/acts/superannuation-legislation-amendment-family-law-act-2003/analysis","conflicts":"/api/acts/superannuation-legislation-amendment-family-law-act-2003/conflicts","importantCases":"/api/acts/superannuation-legislation-amendment-family-law-act-2003/important-cases","documents":"/api/acts/superannuation-legislation-amendment-family-law-act-2003/documents"}}