Family Law (Superannuation) (Provision of Information - NSW Police Association Superannuation Scheme) Determination 2010

Overview

The Family Law (Superannuation) (Provision of Information – NSW Police Association Superannuation Scheme) Determination 2010 was enacted to address a specific need under the Family Law Act 1975 concerning the provision of relevant information about superannuation interests in the New South Wales Police Association Superannuation Scheme. This determination was issued by the Attorney-General, ensuring that when former members of the New South Wales Police Service, or their former spouses or de facto partners, apply for valuation information under the Act, they receive information pertinent to the approved valuation methods. This is particularly relevant to the particular alternative method approved for valuing superannuation interests as outlined in Part 6 of Schedule 2 to the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003. The policy objective is to facilitate accurate valuation and equitable distribution of superannuation interests in the context of relationship breakdowns.

Scope and Application

The Family Law (Superannuation) (Provision of Information – NSW Police Association Superannuation Scheme) Determination 2010 applies to the trustees of the New South Wales Police Association Superannuation Scheme. It ensures that former members of the New South Wales Police Service who are employees of the Police Association of New South Wales, or their former spouses or de facto partners, receive relevant information about their superannuation interests in the Scheme. This information is necessary for the purpose of valuing these interests in accordance with the approved methods set out in the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003. The Determination specifies that the trustee is not required to provide information relevant only to valuing interests according to methods contained in the Family Law (Superannuation) Regulations 2001. The instrument incorporates by reference several key legislative instruments, including the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003, the Police Regulation (Superannuation) Act 1906 (NSW), the Police Association Employees (Superannuation) Act 1969 (NSW), and the Police Superannuation Regulation 2010 (NSW). The geographic and jurisdictional reach of this Determination is limited to the New South Wales Police Association Superannuation Scheme, and it operates within the framework of the Family Law Act 1975 at the Commonwealth level.

Key Provisions

The Family Law (Superannuation) (Provision of Information – NSW Police Association Superannuation Scheme) Determination 2010 (the Determination) specifies the information the trustee of the New South Wales Police Association Superannuation Scheme must provide when former members of the New South Wales Police Service, or their former spouses or de facto partners, apply for information about their superannuation interest in the Scheme. Section 2 of the Determination requires the trustee to provide information that enables the superannuation interest to be valued according to the alternative methods approved in Part 6 of Schedule 2 to the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (the Valuation Approval). This ensures that the information provided is relevant and aligns with the approved valuation methods, replacing the methods in the Family Law (Superannuation) Regulations 2001 (the Regulations) that would otherwise apply. The trustee is not required to provide information relevant only to the methods in the Regulations, as stated in Section 3 of the Determination. The obligations imposed on the trustee under this Determination are to provide accurate and relevant information about the superannuation interest in accordance with the approved valuation methods. This includes ensuring that the information provided is specific to the alternative methods approved in the Valuation Approval, and that it does not include any information relevant to the methods in the Regulations. The trustee must comply with these requirements when former members of the New South Wales Police Service, or their former spouses or de facto partners, request information about their superannuation interest. There are no specific offences, penalties, or civil or criminal consequences outlined in the Determination for breach of its provisions. However, the trustee's failure to comply with the Determination's requirements could result in legal action being taken by the affected parties, such as former members of the New South Wales Police Service or their former spouses or de facto partners. Such legal action could seek remedies such as an order for the provision of the required information or damages for any loss or harm caused by the failure to comply with the Determination. The specific legal consequences would depend on the circumstances of the case and the applicable laws.