Family Law (Superannuation) (Provision of Information - Defence Force Schemes) Determination 2004

The Determination is short and technical. Its main concepts are:

• Scope selector via approved methods and factors: It only applies where a method and factors have been approved under Part 3 of Schedule 1 to the Methods and Factors Approval (clause 4). The instrument therefore operates as a scheme-specific overlay to the general disclosure requirements in the Family Law (Superannuation) Regulations 2001.

• Replacement of default disclosure with factor-based disclosure: For each listed Defence Force interest the Determination relieves trustees of some of the detailed items normally required under Regulation 64 (see columns headed "Information not required to be provided" in clauses 5 and 6) and requires them instead to give a set of specified factors or items that are defined either in the Methods and Factors Approval tables (growth phase table and payment phase table) or in other Defence-related determinations and Acts (see the column "Information that must be provided"). The required information generally mirrors the inputs that an approved actuarial method needs.

• Growth-phase vs payment-phase distinctions: The Determination separates interests into "growth phase" interests (clause 5, referring to the growth phase table in the Methods and Factors Approval) and "payment phase" interests (clause 6, referring to the payment phase table). Each table has multiple items (1-6 in clause 5; 1-4 in clause 6) corresponding to particular types of Defence Force scheme interests and specifying different sets of excluded and required information.

• Cross-references to external instruments and definitions: Key terms are shorthand that rely on other instruments and Acts. Clause 3 defines "Determination" as the Defence Force (Superannuation) (Productivity Benefit) Determination made under subsection 52(1) of the Defence Act 1903. It defines "DFRB Act", "DFRDB Act", "officer" by reference to the DFRDB Act s3(1), and points to clause 1 of Part 3 of Schedule 1 to the Methods and Factors Approval for "notional retiring age." Clause 3 also instructs that in any factor defined in the Methods and Factors Approval in columns 4 of clauses 5 or 6, a reference to "the relevant date" should be read as "the appropriate date" (clause 3(2)). Those cross-references fold external statutory definitions and external determinative instruments into the information that trustees must provide.

• Information categories that trustees are asked to produce: Across the growth-phase and payment-phase tables the Determination requires trustees to provide: numeric valuation factors from the Methods and Factors Approval (eg DP, y´, m´, APMs, C, CPPA, PC, SG, P, IR, NIR, ARP, APMs, IP, NIP, etc. , see column 4 entries in clauses 5 and 6); demographic data (date of birth); service data (total period of effective service as defined in DFRDB Act s3(1)); status (whether person is an officer); notional retiring age for officers; details about pension type and amounts (including additional pension for eligible children under specified DFRB Act provisions); and scheme-specific productivity benefit computations (clause 5, item 5). These are the precise, often actuarial, inputs the approved Methods and Factors rely on.

• Limited change to Regulations’ operation: The Determination does not repeal or rewrite Regulation 64. It operates under subregulation 64(7) and 64(7B) of the Regulations and simply identifies for relevant Defence Force interests particular paragraphs of Regulation 64 that trustees are not required to supply and the alternative information the Regulations require trustees to supply instead. See clauses 5(a) and 6(a) (not required to provide) and 5(b) and 6(b) (must provide).

The interaction of these concepts means the Determination narrows the universe of data trustees must supply in family law superannuation information requests for various Defence Force scheme interests, replacing broader categories in the Regulations with specific factor bundles aligned to the approved actuarial methods.

The Determination creates effects for three distinct groups of actors: trustees of specified Defence Force schemes, persons who hold superannuation interests in those schemes (and their family law opposing parties), and the professionals who prepare valuations and advise in family law proceedings (actuaries, family law practitioners, accountants).

• Trustees of relevant Defence Force schemes: The Determination directly binds trustees of the Defence Force schemes listed in the Methods and Factors Approval Part 3 Schedule 1 items. Clause 5 and clause 6 make the trustees' disclosure duties explicit: the trustee "is not required to provide the information" listed in column 3 and "must provide the information" in column 4 for each listed item. Therefore trustees decide operationally which information they will produce in response to a Regulation 64 request for those specific interests, and must compute and supply the particular factors and datum enumerated. The Determination therefore changes trustees’ production tasks and documentation practices for family-law disclosure concerning those Defence Force interests.

• Persons who have the superannuation interests (members/ex-spouses) and parties in family law property proceedings: The Determination affects what a person applying under the family law disclosure regime will receive from trustees for those Defence Force interests. Under clause 5 and clause 6, the traditional, broader categories of information in Regulation 64 (for example, the items listed in paragraphs 64(4), 64(4A) and 64(3)(b)) are expressly not required to be provided for the specified Defence interests; instead, claimants will receive the enumerated factors and defined data. That changes the evidentiary and factual base an applicant or their expert will have to value the interest and could alter what additional evidence or expert computation is necessary. Parties will receive some specific data items repeatedly (eg date of birth, officer status, notional retiring age for officers, total period of effective service, type of pension and specified pension amounts, and specified Methods and Factors Approval factors).

• Valuation experts, actuaries, family law practitioners and advisers: The instrument alters the inputs made available to valuation professionals. Instead of receiving the full set of information ordinarily supplied under Regulation 64, actuaries will receive items mapped to the approved valuation method (as defined in the Methods and Factors Approval), such as DP, y´, m´, IP, IR, NIR, APMs, etc. Professionals must therefore be familiar with the Methods and Factors Approval's definitions and with the Defence-specific determinative instruments referenced in clause 3. Practically, this means that actuarial reports and expert evidence in family law property matters involving these Defence Force interests will be based on the specific factors the Determination mandates, rather than (or in addition to) broader scheme documents.

• Administrators of justice and registries: Courts and registries adjudicating splitting orders will receive valuation evidence prepared on the basis of the data trustees are required to supply under this Determination. The procedural and evidentiary ecology of family law property cases involving relevant Defence interests will therefore reflect these constrained inputs.

Who does not get affected directly: interests in schemes not mentioned in the Methods and Factors Approval Part 3 Schedule 1 are outside the Determination (clause 4). Also, the Determination does not itself create or modify the substantive entitlement rules in family law; it only prescribes disclosure for valuation purposes for particular Defence Force interests.

In short, who pays and who decides: trustees bear the operational cost of computing and providing the specified factors; applicants bear the cost of securing expert valuations using those factors; and courts decide the correctness of valuations produced in litigation. The Determination reallocates which factual items trustees must deliver and therefore shifts certain information production tasks onto the trustee, and valuation interpretation tasks onto experts working from the authorised factors.

The Determination imposes specific duties on trustees and creates entitlement to particular items of information for persons seeking Regulation 64 disclosure in relation to specified Defence Force interests. It does not itself create enforcement mechanisms or penalties; it operates by reference to the Regulations and other instruments. The key duties and the corresponding practical rights are as follows, tied to particular clauses.

• Duty to provide specified information (clauses 5(b) and 6(b)): For each item in the growth-phase and payment-phase tables, the Determination uses mandatory language: the trustee "must provide the information about the interest mentioned in column 4 of the item." That duty is expressed in clause 5(b) and clause 6(b). Column 4 entries are typically (i) specific factors defined in the Methods and Factors Approval (for example DP, y´, m´, APMs, C, CPPA, PC, SG, P, IR, NIR, ARP, IP, NIP), and (ii) specified personal and scheme data such as date of birth, total period of effective service (as defined in DFRDB Act s3(1)), whether the person is an officer, the person's notional retiring age if an officer, type of pension payable, and in one case computations of productivity benefit totals per the Defence Productivity Benefit Determination (clause 5, item 5). That duty requires trustees to assemble both actuarial inputs and some service/personal particulars.

• Right to withhold certain Regulation 64 items (clauses 5(a) and 6(a)): Corresponding to the duty to provide the alternative items, the Determination relieves trustees from supplying certain broader categories that the Regulations otherwise would require. Clause 5(a) and clause 6(a) say the trustee "is not required to provide the information" listed in column 3. Those columns reference particular subparagraphs of Regulation 64 , for instance, clause 5 item 1 exempts trustees from providing the information mentioned in paragraphs 64(4A)(a) to (c); other items exempt trustees from paragraph 64(4)'s parts or paragraph 64(3)(b) in clause 6 items. The practical effect is that trustees may decline to produce some of the standard disclosure items and instead supply the factor bundle mandated in column 4.

• Definition-driven production obligation (clause 3 and clause 3(2)): The duty to provide the items in column 4 imports defined terms from the Methods and Factors Approval and other Defence determinations. Clause 3(2) instructs that in the Methods and Factors Approval any reference to "the relevant date" in a factor definition should be read as "the appropriate date" for the purposes of this Determination. Clause 3 also defines "Determination" as the Defence Force (Superannuation) (Productivity Benefit) Determination under the Defence Act 1903, and imports other definitions such as "officer" via DFRDB Act s3(1). Trustees must therefore consult and apply those external instruments’ definitions when calculating and providing the required information.

• No new private rights or substantive entitlement changes: The Determination does not adjust substantive entitlements under family law or the Defence superannuation Acts; it only prescribes what data trustees must or need not disclose for valuation purposes. It does not create new benefit entitlements for members or change pension calculations. Rights created are procedural , to receive specific data items from trustees in place of some of the broader Regulation 64 disclosures.

• Interaction with the Regulations: The Determination explicitly operates under subregulation 64(7) and 64(7B) of the Regulations (clauses 5 and 6). The Regulations continue to govern the overall disclosure process (who may request, the form of requests, time frames, penalties for non-compliance if any), while the Determination tailors which parts of Regulation 64 apply for the Defence Force interests covered.

• Duty to compute hypothetical amounts in certain cases (clause 5, item 5): Notably, clause 5 item 5 requires trustees to give numeric totals of productivity benefits "that would have been credited to the person ... if it had been credited to the person at the rate of 3% of the person’s pay for each of the pay periods mentioned ..." and to give totals of interest that would have been credited using the specified subsections of the Defence Productivity Benefit Determination. That is a computational duty: trustees must perform hypothetical aggregation and interest calculations as defined in the external Determination and provide the totals.

• Duty to identify scheme-specific pension features (clause 6 items): For payment-phase interests, trustees must supply the type of pension payable, date of birth, and, for certain items, the annual amount (if any) of additional pension payable in respect of an eligible child under specified paragraphs of the DFRB Act (clause 6 item 4(c)). These are discrete documentary/data-provision duties.

In sum, trustees must provide specified, often actuarial or scheme-specific, data points, and are permitted to withhold particular broader categories normally required under Regulation 64. The Determination’s mandatory language imposes an operational obligation on trustees to calculate and supply those items. The Determination itself contains no penalty provisions; enforcement and procedural compliance remain within the architecture of the Regulations and the family law disclosure process.

The Determination contains no express offences, penalties, or enforcement procedures. It operates by altering what trustees are required to provide under the Family Law (Superannuation) Regulations 2001 (the Regulations), specifically under subregulations 64(7) and 64(7B), but it does not itself set out sanctions for non-compliance. The instrument’s language is prescriptive , trustees "must provide" the items in column 4 and "are not required to provide" the items in column 3 for the listed interests (clauses 5 and 6) , but it leaves enforcement mechanics to the Regulations and to general family law processes.

Consequently:

• No internal penalty regime in the Determination: There is no section of this Determination that creates a civil penalty, criminal offence or specific administrative sanction for failing to provide the information it mandates. It is therefore necessary to consult the Regulations and other applicable statutes and instruments to determine the legal consequences of non-provision by a trustee.

• Enforcement through the Regulations and family law processes: Because the Determination operates under Regulation 64’s subregulations, a trustee's duties and any remedies or consequences for non-compliance will be framed and enforced through the procedures and enforcement provisions in the Regulations and the Family Law Act 1975 framework (for example, compelled disclosure processes, court orders, contempt or cost consequences) where relevant. The Determination itself does not specify those processes or penalties.

• Practical enforcement and dispute resolution: In practice, where a trustee fails to provide the items mandated by clauses 5(b) and 6(b) or purports to withhold items that the Determination requires, the party seeking disclosure may pursue relief through family court procedural mechanisms (for example, applying to the court for an order requiring compliance). The content of the Determination provides the requisite legal basis to argue the trustee’s disclosure duty but the Determination does not itself set out enforcement steps or timelines.

• Dependence on accurate computation and explanation: Some of the required information (notably the productivity benefit totals in clause 5 item 5 and the actuarial factors from the Methods and Factors Approval) require calculation and explanation; disputes about whether the trustee correctly calculated a factor or whether a provided datum corresponds to the Methods and Factors Approval definitions may lead to expert contention. The Determination does not stipulate a dispute-resolution mechanism for contested calculations.

• Indirect enforcement through evidentiary weight: If a trustee provides the specified factor bundle, expert witnesses and courts will base valuations on that material. If a trustee refuses or fails to provide the required items, the party seeking the material will need to rely on court process under the Regulations to compel production or obtain an order for non-document production remedies. The Determination therefore shifts the battleground to the Regulations and to family law procedure for enforcement.

For a full understanding of sanctions, compliance timeframes, and remedies, consultees must read the Family Law (Superannuation) Regulations 2001 and relevant family law procedural law; those instruments are the enforcement fora the Determination relies upon but does not itself provide.

This Determination is designed to operate within an interconnected statutory and regulatory network. Its interaction with other laws is primarily by cross-reference and by tailoring Regulation 64’s disclosure framework for specified Defence Force superannuation interests. Key interactions, as the Determination itself specifies, are:

• Family Law (Superannuation) Regulations 2001 (Regulation 64): The Determination expressly modifies the application of Regulation 64 for particular Defence Force interests. Clauses 5 and 6 operate under subregulation 64(7) and 64(7B), respectively. Column 3 references which parts of Regulation 64 the trustee "is not required to provide" and column 4 sets out what must be provided instead. The Determination does not repeal Regulation 64; it displaces particular information obligations in favour of specific factor-based inputs.

• Methods and Factors Approval 2003 (Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003): The entire Determination hinges on approved methods and factors in Part 3 of Schedule 1 of that Approval. Clause 4 states the Determination applies to superannuation interests in Defence Force schemes "for which a method and factors have been approved under Part 3 of Schedule 1 to the Methods and Factors Approval." Clause 3 defines "growth phase table" and "payment phase table" as the respective tables in the Methods and Factors Approval, and clause 5 and 6 require trustees to supply factors "mentioned in the definition of" particular factors in those tables. Thus, the content of the Methods and Factors Approval directly determines the technical substance of what trustees must provide.

• Defence Force (Superannuation) (Productivity Benefit) Determination (made under s52(1) of the Defence Act 1903): Clause 3 defines "Determination" (capital D) as this Productivity Benefit Determination. Clause 5 item 5 requires trustees to compute productivity benefit totals "that would have been credited ... under subclauses 8(2) and (3), 8A(2) and (3) and 8AA(2), (3) and (4) ... if it had been credited ... at the rate of 3% of the person’s pay" and related interest under subclauses 8(4) and (5), etc. Therefore trustees must use the rules and definitions in that Defence Determination to perform hypothetical calculations; the Determination thus imports Defence Determination provisions into the required disclosure.

• Defence Forces Acts (DFRB Act and DFRDB Act): Clause 3 defines "DFRB Act" (Defence Forces Retirement Benefits Act 1948) and "DFRDB Act" (Defence Force Retirement and Death Benefits Act 1973). It also imports "officer" from DFRDB Act s3(1) and requires trustees to provide "total period of effective service, within the meaning given by subsection 3(1) of the DFRDB Act," and to report whether the person is an officer and, if so, their "notional retiring age" as defined in clause 1 of Part 3 Schedule 1 to the Methods and Factors Approval. Clause 6 item 4(c) requires trustees to report the annual amount (if any) of additional pension payable under paragraph 55(1)(b) or 57(1)(b) of the DFRB Act. Thus, the Determination relies on substantive definitions from those Defence superannuation Acts to specify what trustees must produce.

• Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004: Clause 2 states the Determination "commences on the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004." The published compilation notes the commencement date (18 May 2004), linking the Determination’s entry into force to that amending Act’s schedule.

• Family law evidentiary and procedural law (Family Law Act 1975 related processes): Although not expressly referenced, the Determination supplements the family law disclosure ecosystem by defining the data trustees must provide to support valuation experts. Its practical effect will be felt in family law proceedings where splitting or offset orders require valuation of a superannuation interest. Any disputes about adequacy or completeness of the provided information will be resolved under family law procedural rules and court powers.

• Legislative Instruments Act 2003 and registration obligations: The compilation notes (in its Notes) that under the Legislative Instruments Act 2003, non-exempt legislative instruments must be registered on the Federal Register of Legislative Instruments. The Determination is documented in the compilation and an amendment (2005 No. 1) is recorded as registered/commenced in 2005. This reflects administrative interaction with the federal legislative instrument regime rather than operational interaction with substantive law.

Overall, the Determination functions as a narrow connective tissue: it does not create new substantive rights in pension law nor does it override the family law principles of property division. Instead, it specifies which data trustees of particular Defence Force schemes must provide to implement approved valuation methods, and it relies on definitions and computational rules in the Methods and Factors Approval and Defence superannuation instruments to do so. Users must read the Methods and Factors Approval and the cited Defence Acts and Determination alongside this instrument to calculate or challenge valuations.

The compilation includes an amendment record and dates, but the Determination itself is short and the amendment history is summarised in the Notes at the end of the text. Key points from the compilation:

• Original instrument and commencement: The Family Law (Superannuation) (Provision of Information , Defence Force Schemes) Determination 2004 was notified on 13 May 2004 in the Gazette (Gazette 2004, No. S152) and commenced on 18 May 2004, as set out in clause 2. Clause 2 ties commencement to the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004.

• Amendment Determination 2005 (No. 1): The Determination was subsequently amended by the Family Law (Superannuation) (Provision of Information , Defence Force Schemes) Amendment Determination 2005 (No. 1). The compilation's Notes show the amendment instrument was notified on 25 May 2005 (FRLI registration F2005L01181) and commenced on 26 May 2005. The Notes’ "Table of Instruments" records those dates.

• Specific provisions affected, as recorded in the Table of Amendments: The Notes provide an abbreviated table showing which provisions were changed by the 2005 amendment. The table records:

  • Section 3 (S. 3) was amended by the 2005 No. 1 instrument;
  • Section 5 (S. 5) was amended by the 2005 No. 1 instrument;
  • Section 6 (S. 6) was added by the 2005 No. 1 instrument (the table shows "ad. 2005 No. 1" for S. 6).

• Compilation prepared date: The compilation shown was prepared on 27 May 2005 and takes into account amendments up to the 2005 Amendment Determination No. 1.

The compilation does not provide the pre-amendment text or the tracked changes, nor does it provide a legislative history beyond the dates and the note that S.3 and S.5 were amended and S.6 added by the 2005 instrument. Therefore, to understand the precise drafting differences introduced by the 2005 amendment (for example, the text added or altered in s3 and s5, and the exact wording of the newly added s6), one must inspect both the original 2004 Determination text and the 2005 Amendment Determination instrument itself. The compilation records only which provisions were altered, not the redline of the changes.

Administratively, the Determination was subject to the Legislative Instruments Act 2003 registration requirements (noted in the compilation). The Table of Instruments in the Notes shows the original Determination and the 2005 Amendment Determination were recorded and have commencement dates as above.

Users seeking to apply or litigate under this Determination should confirm they are consulting the current consolidated text (the compilation does that up to 27 May 2005) and should check the Federal Register of Legislative Instruments and the Attorney-General’s Department publications for any later amendments beyond those recorded here.

The compilation provides no reported litigation history. There are no cases, judicial decisions, or tribunal outcomes referenced in the Determination or the Notes. The instrument itself does not cite any case law, and the Notes’ "Table of Amendments" and registration information do not reference litigation.

Implications of that silence for practitioners and researchers:

• No recorded judicial interpretation in the compilation: Because no cases are cited and none are recorded in these instrument notes, there is no reported judicial construction of the Determination's terms within this document. Parties and courts relying on the Determination would, where disputes arise, be breaking new ground in any litigation directly about the Determination’s construction, unless later authorities (not included in this compilation) have considered it.

• Predictable areas that could give rise to litigation: Although the compilation records no litigation, the Determination imports and cross-references a number of technical definitions and computational tasks from other instruments and Acts (the Methods and Factors Approval, the Defence Productivity Benefit Determination, DFRB and DFRDB Acts). Potential points of dispute that could generate litigation include:

  • The proper interpretation of imported terms such as "officer" (from DFRDB Act s3(1)), "total period of effective service" (DFRDB Act s3(1)), and "notional retiring age" (clause 1 of Part 3 of Schedule 1 to the Methods and Factors Approval).
  • Whether trustees correctly computed hypothetical productivity benefit totals and interest as required by clause 5 item 5, because those computations involve applying the Defence Productivity Benefit Determination’s subclauses (8, 8A and 8AA) in a hypothetical way.
  • Whether a trustee has correctly identified the "type of pension payable" or computed the "annual amount (if any) of the person’s pension that is additional pension payable in respect of an eligible child" under the cited DFRB Act paragraphs (clause 6 item 4(c)).
  • Disputes about whether a particular superannuation interest falls within the Part 3 Schedule 1 items to which this Determination applies; that is, whether the methods and factors approval covers the interest in question.

• Absence of binding precedent in the instrument: The Determination’s legal effect will be influenced by how family courts interpret and enforce the Regulation 64 disclosure regime alongside this Determination. Without reported authorities in the compilation, counsel should proceed on the basis that the Determination itself is an authorising instrument for specific disclosure content, but that litigation may be required to resolve close questions about definitions, calculation methodologies and the scope of the trustee’s duties.

Practitioners should therefore verify whether any subsequent cases have considered the Determination in their jurisdiction or whether other instruments have since amended its text or the Instruments it imports. The compilation does not provide that follow-up; it simply records that, up to 27 May 2005, no litigation references are included.

This Determination is compact yet technically intricate; several practical traps and interpretive pitfalls arise from its drafting and cross-references. The following are concrete "gotchas" drawn from the instrument’s text.

• Scope is limited to interests with an approved Part 3 method: Clause 4 makes the Determination applicable only to interests for which a method and factors have been approved under Part 3 of Schedule 1 to the Methods and Factors Approval. Practitioners must verify that the particular Defence Force interest in dispute is listed in that Part 3 schedule before treating the Determination as applicable. Misidentifying the scheme or assuming universality will lead to incorrect disclosure demands.

• "Not required" language does not equate to "forbidden": Clauses 5(a) and 6(a) say the trustee "is not required to provide" the information mentioned in specific Regulation 64 paragraphs. That wording relieves trustees of an obligation but may not prevent trustees from providing additional material beyond the required items. The Determination does not explicitly prohibit trustees from voluntarily supplying more information, although the Regulations or confidentiality rules might still constrain such voluntary disclosure. Trustees and requesters should clarify whether additional material will be supplied voluntarily, especially where the required factor bundle may be insufficient for a full valuation.

• Ambiguity in external definitions: The Determination imports key terms from other instruments and Acts , for example "officer" (DFRDB Act s3(1)), "notional retiring age" (Methods and Factors Approval clause 1 Part 3 Schedule 1), and "total period of effective service" (DFRDB Act s3(1)). Errors can arise if a trustee or an expert applies an incorrect statutory definition or omits to check the version of the external Act or Determination current at the "appropriate date." Clause 3(2) instructs substituting "the appropriate date" for "the relevant date" but does not define "appropriate date"; practitioners must consider what "appropriate date" means in context and ensure consistent temporal application with the Methods and Factors Approval and family law proceedings.

• Computation of hypothetical productivity benefits (clause 5 item 5): Clause 5 item 5 requires trustees to compute two totals that are expressly hypothetical (what would have been credited if productivity benefit had been credited at a particular rate and then interest applied). This is a non-trivial calculation that will likely require actuarial or scheme-administration expertise. Trustees may lack readily available automated reports for these hypothetical totals, producing delay and potential dispute over methodology (which subclauses to include, interest calculation method, rounding, conversion between pay periods, etc.). The Determination references subclauses 8, 8A and 8AA of the Defence Productivity Benefit Determination, so small differences in interpretation of those subclauses may yield materially different totals.

• Changes introduced by amendments not fully visible in this compilation: The Notes record that s3 and s5 were amended and s6 added by the 2005 No. 1 amendment. The compilation as presented is consolidated to 27 May 2005, but practitioners should confirm no later amendments or corrections were made after that date. Reliance on an out-of-date version risks missing later changes.

• Differences between growth-phase and payment-phase inputs: The Determination draws a clear distinction between growth-phase and payment-phase interests, with different factor sets required. Mistaking which phase an interest is in, or misclassifying a person's interest, will produce an incorrect request for information and may cause the trustee to refuse on the basis the Determination does not apply.

• Interaction with Regulations’ other disclosure paragraphs: The table in clause 5 references various paragraphs of Regulation 64 differently across items: some items relieve trustees of paragraphs 64(4A)(a)-(c), others from 64(4)(a)-(i), and clause 6 references paragraph 64(3)(b) or subparagraphs of it. Practitioners drafting disclosure requests must carefully specify which paragraph of the Regulations they rely on and how the Determination modifies that paragraph for the interest in question. Sloppy referencing may produce avoidable refusals or disputes.

• The Determination does not require delivery format or explanation: The instrument lists what must be provided but does not specify format, explanatory notes, source documents, or working papers. For complex calculations (productivity benefit totals and interest), absence of demanded explanatory material may generate disputes. Requesters should consider asking for accompanying calculation sheets or the actuarial work notes, though trustees may resist producing background material absent a court order.

• Where the Methods and Factors Approval uses compact factor names (eg DP, IP, NIP): Column 4 frequently refers to "the information mentioned in the definition of the following factors in item X of the [growth/payment] phase table: (a) DP; (b) y´; (c) m´" etc. These shorthand factor names have precise definitions in the Methods and Factors Approval; a requester unfamiliar with those definitions may not understand what the trustee is required to deliver. Practitioners must consult the Methods and Factors Approval and be precise in requests.

• Potential mismatch between trustee record-keeping and required items: Some items required (for example, "total period of effective service" as defined in DFRDB Act s3(1), or the "type of pension payable") may be recorded in trustee systems differently (for example, as separate components or in legacy records). Expect administrative friction and potential delay in obtaining the mandated information if trustees need to reconcile varying records systems.

• No express timeframes: The Determination does not state timeframes for trustees to respond. Timeframes for disclosure will therefore be governed by the Regulations and procedural orders in family law proceedings; practitioners must rely on those other sources to enforce timely production.

These practical issues are concrete effects of the Determination’s drafting and its cross-references to other instruments. Addressing them requires careful documentary work, early engagement with trustees and valuation experts, and attention to the precise statutory definitions the Determination imports.

Compliance for trustees and for parties seeking disclosure under this Determination requires coordinated procedural, administrative and technical steps. Below is a pragmatic compliance checklist and stepwise approach tailored to the Determination’s structure, grounded in the clauses and definitions contained in the instrument.

Step 1 , Confirm applicability

• Verify that the superannuation interest is a Defence Force scheme interest listed in Part 3 of Schedule 1 to the Methods and Factors Approval. Clause 4 makes the Determination applicable only for interests for which a Part 3 method and factors approval exists.
• Determine whether the interest is a growth-phase interest (clause 5 referring to the growth phase table) or a payment-phase interest (clause 6 referring to the payment phase table). Classify the interest to identify which of clauses 5 or 6 applies.

Step 2 , Identify the exact item in the relevant table

• For growth-phase interests, locate the correct item (1-6) in the growth-phase table in the Methods and Factors Approval that corresponds to the member’s interest, and then map that to clause 5’s table item numbering. Clause 5's table mirrors the growth-phase items; match accordingly.
• For payment-phase interests, do the same with the payment-phase table and clause 6 items.

Step 3 , Read and apply the imported definitions

• Consult the Methods and Factors Approval to read the precise definition of any factor referenced in column 4 (eg DP, y´, m´, APMs, C, CPPA, PC, SG, P, IR, NIR, ARP, IP, NIP). Clause 5 and 6 require trustees to provide "the information mentioned in the definition of the following factors in item X of the [growth/payment] phase table." The factor definitions will specify the form, units, and temporal reference points for each factor.
• Consult the Defence Force (Superannuation) (Productivity Benefit) Determination (the Determination defined in clause 3) for the computation rules and subclauses mentioned in clause 5 item 5 (subclauses 8, 8A, 8AA). Trustees must apply those rules to produce the hypothetical productivity benefit totals.
• For service-related items, use the DFRDB Act definitions. Clause 3 imports "total period of effective service" and "officer" meanings from subsection 3(1) of the DFRDB Act. Confirm the statutory definitions and any applicable preserving or transitional provisions.

Step 4 , Assemble the required data set

• For the relevant item, prepare the list of items required under column 4. Typical items include:
  • Specific factors defined in the Methods and Factors Approval (as named in clause 5/6 column 4).
  • Person’s date of birth (clause 5 items 1-6 and clause 6 items generally require this).
  • Total period of effective service and officer status; and if officer, notional retiring age (clause 5 items 2, 3, 4, 5, 6).
  • Productivity benefit totals and associated hypothetical interest totals, computed per the Defence Productivity Benefit Determination (clause 5 item 5).
  • Type of pension payable and, where applicable, the annual additional pension for an eligible child under DFRB Act provisions (clause 6 item 4(c)).
• Prepare an index or schedule that maps each required item to the source definition or statutory provision used to compute it (eg DP as defined in Methods and Factors Approval item X; "total period of effective service" per DFRDB Act s3(1)).

Step 5 , Perform computations and document methodology

• For each required factor that requires calculation (eg actuarial factors, hypothetical productivity benefit totals and interest), perform the computation in accordance with the definition in the Methods and Factors Approval or the Defence Productivity Benefit Determination. For trustees, internal actuarial or scheme-administration personnel should prepare calculation worksheets.
• Record working papers, assumptions, formulae, dates used (remember clause 3(2) substitution of "appropriate date") and rounding conventions. Although the Determination does not require trustees to supply working papers, including methodological notes with the disclosure will reduce subsequent disputes and support the trustee’s position if challenged.

Step 6 , Provide the data in a clear format

• Supply the mandated items in column 4 in a structured schedule that identifies each factor by name, the numeric value, the units, and the definition/source clause used. For example: DP = [numeric value], defined as [quote from Methods and Factors Approval definition], appropriate date = [date used].
• Include the person’s demographic/service data separately: date of birth, total period of effective service, officer status, notional retiring age if officer, type of pension payable, and additional pension amounts for eligible children where applicable.
• If the trustee chooses to include additional material voluntarily (for example, copies of benefit statements, or background calculation schedules), label it clearly as "voluntary" and note any confidentiality considerations.

Step 7 , Timeframes and procedural compliance

• Although the Determination does not itself set timeframes, trustees must comply with the Regulations’ procedural requirements (including time to respond) where applicable. Applicants and trustees should refer to Regulation 64 and family law procedural rules for deadlines and for the form of requests.
• If a trustee anticipates delay in computing complex hypothetical totals, notify the requesting party promptly and, where appropriate, seek an agreed extension. Maintain written records of communications and any agreed deadlines.

Step 8 , Liaise with valuation experts

• Applicants should engage an actuary or valuation expert familiar with the Methods and Factors Approval to prepare their valuation instructions in advance of receiving the trustee’s factor bundle so the requested items match the expert’s inputs.
• Trustees should communicate with the applicant or the applicant’s expert to confirm the scope of data required and avoid miscommunication about which items will be delivered under the Determination.

Step 9 , Address confidentiality and statutory limits on disclosure

• Trustees should check other statutory or administrative constraints that might limit disclosure (for example, privacy laws or Defence confidentiality rules). The Determination modifies Regulation 64 obligations but does not override other statutory limitations. If confidential material is relevant, provide redacted versions or seek legal advice on disclosing redacted information.

Step 10 , Where disputes arise, use procedural remedies

• If the trustee refuses to provide an item the Determination mandates, the requesting party should identify the clause and item in writing and request compliance citing clause 5/6. If refusal persists, the party should bring the matter to family court procedures or seek directions/orders under the Family Law Act and the Regulations. The Determination provides the legal basis to insist on the specified factor bundle but enforcement will generally be via the Regulations and court process.

Checklist for trustees (practical)

• Confirm scheme and interest mapping to Methods and Factors Approval Part 3.
• Identify whether growth-phase or payment-phase item applies.
• Pull and apply definitions from Methods and Factors Approval, DFRB/DFRDB Acts and the Defence Productivity Benefit Determination.
• Calculate required factors and hypothetical totals; prepare working files.
• Produce a labelled schedule of items required by clause 5(b) or clause 6(b).
• Provide demographic and service data items listed.
• Record communications, timeframes, and any agreed format for delivery.
• Consider voluntary provision of supportive documents to reduce dispute risk, subject to confidentiality rules.

Checklist for applicants/experts (practical)

• Confirm applicability before issuing a Regulation 64 request.
• Specify precisely which clause and item of the Determination you rely upon when requesting information.
• Engage an actuary familiar with the Methods and Factors Approval to prepare a requirements list matched to the factor names used in clause 5/6.
• Ask trustees for calculation sheets and methodological notes where calculations are complex.
• If timeliness or completeness is an issue, prepare to file interlocutory applications under family law procedure.

Following these steps aligns procedural practice with the Determination’s mandatory language (clauses 5(b) and 6(b)) and its exemptions (clauses 5(a) and 6(a)), and reduces the risk of disputes about whether trustees complied with their obligations under this instrument.