Family Law (Superannuation) (Provision of Information - NSW State Authorities Superannuation Scheme) Determination 2010

Administered by Attorney-General's Department

Legislation au F2011L00026 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

FAMILY LAW (SUPERANNUATION) (PROVISION OF INFORMATION – NSW STATE AUTHORITIES SUPERANNUATION SCHEME) DETERMINATION 2010

 

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

 

In this instrument, the Attorney-General provides, by written determination, for the matters about which the trustee of the New South Wales State Authorities Superannuation Scheme is required to provide information, under the provisions of the Family Law Act 1975 (the Act) allowing superannuation to be split on relationship breakdown, in respect of an interest in the Scheme.

 

Part 7 of Schedule 2 to the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (the Valuation Approval) provides for methods for valuing particular categories of superannuation interests in New South Wales State Authorities Superannuation Scheme replacing, for those interests, valuation methods contained in the Family Law (Superannuation) Regulations 2001 (the Regulations) that would otherwise apply.

 

The making of this instrument ensures that, when New South Wales public sector employees and former New South Wales public sector employees, or their former spouses or de facto partners, apply for valuation information under the Act about a superannuation interest that they have in the New South Wales State Authorities Superannuation Scheme, they will receive information that is relevant to the valuation methods set out in Part 7 of Schedule 2 to the Valuation Approval.  The information which the trustee of the New South Wales State Authorities Superannuation Scheme is required to provide will enable the interest in the Scheme to be valued in accordance with the particular alternative method that has been approved for the interest.

 

In the instrument, the Attorney-General also provides that the trustee of the New South Wales State Authorities Superannuation Scheme is not required to provide information that is relevant only to valuing a superannuation interest in accordance with one of the methods contained in the Regulations.

 

The instrument incorporates by reference the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003, under which methods are approved for valuing, for the purpose of provisions of the Family Law Act 1975 allowing superannuation to be split on relationship breakdown, particular superannuation interests. 

 

The Valuation Approval can be viewed at the following website:

 

http://www.comlaw.gov.au/comlaw/legislation/legislativeinstrumentcompilation1.nsf/current/bytitle/961B05B3F3E8A6C7CA25740B001FADB7?OpenDocument&mostrecent=1

 

A copy of the Valuation Approval may be purchased from CanPrint Communications Pty Ltd, PO Box 7456, Canberra MC ACT 2610 (telephone: 1300 656 863).

 

The instrument also incorporates by reference the State Authorities Superannuation Act 1987 (NSW) which establishes the NSW State Authorities Superannuation Scheme, the Local Government and Other Authorities (Superannuation) Act 1927

(NSW) providing for a superannuation scheme for certain employees of the

Councils of Shires and Municipalities in New South Wales, the State Authorities Superannuation (Closed Local Government Schemes Transfer) (Savings and Transitional) Regulation 1990 (NSW) making provision with respect to matters relating to closed local government superannuation schemes which were predecessor schemes to the New South Wales State Authorities Superannuation Scheme and the State Authorities Superannuation Regulation 2010 (NSW) making provision with respect to matters relating to the New South Wales State Authorities Superannuation Scheme. 

 

The NSW State Authorities Superannuation Act may be viewed at the following website:

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+211+1987+cd+0+N

The NSW Local Government and Other Authorities (Superannuation) Act may be viewed at the following website:

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+35+1927+cd+0+N

The NSW State Authorities Superannuation (Closed Local Government Schemes Transfer) (Savings and Transitional) Regulation may be viewed at the following website:

http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+213+1990+cd+0+N

The NSW State Authorities Superannuation Regulation may be viewed at the following website:

http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+491+2010+cd+0+N

Copies of the Acts and the Regulations can also be purchased from Salmat, a print-on-demand and mail order service, located at 2 Military Road, Matraville, NSW 2036. Contact details for Salmat are: Telephone: 1300 656 986, facsimile: 02 9311 1076 and e-mail: bookshop@salmat.com.au.

 

Consultation on the content of the instrument was undertaken under section 17 of the

Legislative Instruments Act 2003 with the Australian Government Actuary, the New

South Wales Department of Premier and Cabinet and Cumpston Sarjeant, Consulting Actuaries, who were engaged by the New South Wales Department of Premier and Cabinet to advise in relation to the methods that have been approved and Pillar Administration, which provides administrative services to the trustee of the New South Wales State Authorities Superannuation Scheme.

 

The consultation occurred by way of exchange of correspondence and discussions between Commonwealth and New South Wales officials, and between Commonwealth officials and Cumpston Sarjeant.

 

Overview

The Family Law (Superannuation) (Provision of Information – NSW State Authorities Superannuation Scheme) Determination 2010 was enacted to address the need for specific information to be provided by the trustee of the New South Wales State Authorities Superannuation Scheme under the Family Law Act 1975. This legislation was issued by the Attorney-General to ensure that when public sector employees or former employees, or their former spouses or de facto partners, apply for information about their superannuation interests under the Family Law Act, they receive relevant information that aligns with the approved valuation methods for those interests. The primary objective of this determination is to provide clarity and consistency in the information provided by the scheme trustee, enabling accurate valuation of superannuation interests as part of relationship breakdown proceedings.

Scope and Application

The Family Law (Superannuation) (Provision of Information – NSW State Authorities Superannuation Scheme) Determination 2010 applies to the trustees of the New South Wales State Authorities Superannuation Scheme and any individuals or entities seeking information about their superannuation interests for the purposes of a property settlement under the Family Law Act 1975. This includes current and former employees of New South Wales public sector entities, as well as their former spouses or de facto partners. The Determination outlines the specific information that the trustees must provide when an individual applies for details about their superannuation interests, ensuring that the information is relevant to the valuation methods approved under the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003. The Determination does not require the trustees to provide information that pertains only to the methods outlined in the Family Law (Superannuation) Regulations 2001. The instrument incorporates by reference various other legislative instruments and Acts, including the State Authorities Superannuation Act 1987 (NSW) and the State Authorities Superannuation Regulation 2010 (NSW), which provide further context and detail regarding the New South Wales State Authorities Superannuation Scheme.

Key Provisions

The Family Law (Superannuation) (Provision of Information – NSW State Authorities Superannuation Scheme) Determination 2010 (F2011L00026) primarily focuses on ensuring that trustees of the New South Wales State Authorities Superannuation Scheme provide relevant information for the valuation of superannuation interests in the context of family law proceedings. Under Section 90SB of the Family Law Act 1975 (the Act), this Determination mandates that trustees provide information that allows for the valuation of superannuation interests in accordance with specific methods outlined in the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (the Valuation Approval). This is crucial when New South Wales public sector employees or their former spouses or de facto partners seek to understand the value of their superannuation interests in the event of a relationship breakdown. It ensures that the valuation methods used align with the approved methods detailed in the Valuation Approval. The Determination imposes obligations on the trustees of the New South Wales State Authorities Superannuation Scheme to provide accurate and relevant information to applicants under the Act. Specifically, Section 1 of the Determination stipulates that trustees are required to furnish information that enables the valuation of superannuation interests according to the approved methods, while they are not obligated to provide information pertinent only to methods contained in the Family Law (Superannuation) Regulations 2001 (the Regulations). This ensures that the information provided is consistent with the approved valuation methods and is not redundant. Trustees must ensure that the information provided is precise and relevant to the approved methods outlined in the Valuation Approval, facilitating accurate valuation and equitable distribution of superannuation interests. While the Determination itself does not outline specific offences, penalties, or consequences for non-compliance, it is linked with broader legal frameworks that may impose penalties for breaches. Under the Family Law Act 1975, trustees who fail to comply with the Act’s requirements may face legal consequences, including fines and potential legal action. Non-compliance with the Act can lead to significant civil and possibly criminal penalties, depending on the severity and intent of the breach. The Family Law Regulations 2001 may also include provisions that carry penalties for non-compliance, although these are not explicitly detailed within the Determination. The overarching legal framework ensures that trustees are held accountable for their responsibilities in providing accurate and relevant information to support fair and equitable outcomes in family law proceedings.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.