Family Law (Superannuation) (Provision of Information - Public Sector Superannuation Scheme) Amendment Determination 2004 (No. 1)

Overview

The Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2004 (No. 1) was enacted to address certain issues in the provision of information regarding public sector superannuation schemes in the context of family law matters. This legislative instrument was made by the Attorney-General, Philip Maxwell Ruddock, under subregulation 64(7) of the Family Law (Superannuation) Regulations 2001. It commenced on the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004, which aimed to bring about specific amendments to the Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Determination 2004. The amendments included omitting certain information requirements and inserting new information that must be provided about individuals with an interest in a public sector superannuation scheme, particularly focusing on their date of birth and entitlement to preserved benefits.

Scope and Application

The Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2004 (No. 1) pertains to the regulation of superannuation information provision within the context of family law, specifically targeting public sector superannuation schemes. This legislative instrument applies to any individual or entity involved in the administration of public sector superannuation funds, including trustees and employers, and is enacted at the Commonwealth level. The scope of this amendment involves updating the information requirements regarding the provision of superannuation data, ensuring that such information is comprehensive and includes specific details about the person holding the interest, such as their date of birth and their entitlement status concerning preserved benefits. This Determination is instrumental in aligning the Family Law (Superannuation) Regulations 2001 with the broader legislative changes introduced by the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004, thus ensuring consistency and clarity in the information provided for family law proceedings.

Key Provisions

The Family Law (Superannuation) (Provision of Information – Public Sector Superannuation Scheme) Amendment Determination 2004 (No. 1) introduces several key amendments to the Family Law (Superannuation) (Provision of Information – Public Sector Superannuation Scheme) Determination 2004. Section 5 of the table has been amended to include additional details about the person who holds the interest. Specifically, item 2, column 4 now requires the date of birth of the person with the interest and whether they are entitled to take their preserved benefit in full, in part, or not at all. Furthermore, a new entry has been inserted into the table, detailing information about an interest mentioned in item 3 of the PSS Scheme table. This includes the person's date of birth, their entitlement to their preserved benefit, and other specified factors such as UDB, FDB, and ATA. The obligations imposed by this Amendment Determination are primarily directed at those involved in the administration and management of public sector superannuation schemes. These entities must now ensure they provide comprehensive information regarding the individuals holding interests in these schemes. This includes specific details such as the date of birth and the status of their preserved benefit entitlement. Such obligations are designed to enhance transparency and facilitate better compliance with family law requirements related to superannuation. Breaches of the requirements set out in this Determination may lead to significant consequences. While the Determination itself does not explicitly outline specific offences or penalties, the underlying regulations, namely the Family Law (Superannuation) Regulations 2001, do. Failure to comply with the requirements to provide accurate and complete information may be considered an offence under the Family Law Act 1975. The penalties for such breaches can include fines and, in more severe cases, imprisonment. For instance, under section 127A of the Family Law Act, a person who contravenes certain provisions may be liable to a penalty of up to 50 penalty units, which equates to approximately AUD 5,500 as of 2024. These penalties underscore the importance of adhering to the legislative requirements to avoid potential legal repercussions.