Family Law (Superannuation) (Provision of Information - Public Sector Superannuation Scheme) Determination 2004

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Legislation au F2004B00037 In force Legislative Instrument

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Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Determination 2004

made under subregulation 64(7) of the

Family Law (Superannuation) Regulations 2001

Compilation No. 4

Compilation date: 13 March 2024

Includes amendments: F2024L00293

Registered: 26 July 2024

About this compilation

This compilation

This is a compilation of the Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Determination 2004 that shows the text of the law as amended and in force on 13 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Determination

3 Definitions

4 Application of Determination

5 Provision of information by trustee—growth phase interests

6 Provision of information by trustee—payment phase interests

7 Application of amendments made by the Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2024

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

1  Name of Determination

  This Determination is the Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Determination 2004.

3  Definitions

 (1) In this Determination:

growth phase table means the table in clause 2 of Part 2 of Schedule 1 to the Methods and Factors Approval.

Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

payment phase table means the table in clause 3 of Part 2 of Schedule 1 to the Methods and Factors Approval.

PSS Scheme means the Public Sector Superannuation Scheme mentioned in section 3 of the Superannuation Act 1990.

Regulations means the Family Law (Superannuation) Regulations 2001.

Rules has the meaning given by section 3 of the Superannuation Act 1990.

 (2) An expression used in this Determination and in rule 1.2.1 of the Rules has the same meaning in this Determination as it has in that rule.

 (3) For this Determination, a reference to ‘the relevant date’ in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6 is to be read as if it were a reference to ‘the appropriate date’.

4  Application of Determination

  This Determination applies in relation to a superannuation interest in the PSS Scheme for which a method and factors have been approved under Part 2 of Schedule 1 to the Methods and Factors Approval.

5  Provision of information by trustee—growth phase interests

  In relation to a superannuation interest mentioned in an item in the following table:

 (a) for paragraph 64(7)(a) of the Regulations, the trustee of the PSS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and

 (b) for paragraph 64(7)(b) of the Regulations, the trustee of the PSS Scheme must provide the information about the interest mentioned in column 4 of the item.

 

Item

Superannuation interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in item 1 of the growth phase table

The information mentioned in paragraphs 64(4)(a), (b) and (d) to (i) of the Regulations

The information mentioned in the definitions of the following factors in item 1 of the growth phase table:

(a) ABM;

(b) AMC;

(c) APC;

(d) ATA;

(e) ERDA

The date of birth of the person who has the interest

The first day of membership of the person who has the interest

2

An interest mentioned in item 2 of the growth phase table

The information mentioned in paragraphs 64(4A)(a) to (c) of the Regulations

The information mentioned in the definitions of the following factors in item 2 of the growth phase table:

(a) UDB;

(b) FDB;

(c) ATA;

(d) ERDA

The following information about the person who has the interest:

(a) the person’s date of birth;

(b) whether the person is entitled to take his or her preserved benefit, in full or in part, or is not so entitled;

(c) whether or not the person is eligible to receive a benefit under rule 8.2.1A or paragraph 8.2.1B(a) of the Rules

3

An interest mentioned in item 3 of the growth phase table

The information mentioned in paragraphs 64(4A)(a) to (c) of the Regulations

The information mentioned in the definitions of the following factors in item 3 of the growth phase table:

(a) UDB;

(b) FDB;

(c) ATA;

(d) ERDA

 

 

 

The following information about the person who has the interest:

(a) the person’s date of birth;

(b) whether the person is entitled to take his or her preserved benefit, in full or in part, or is not so entitled;

(c) whether or not the person is eligible to receive a benefit under rule 8.2.1A or paragraph 8.2.1B(a) of the Rules

4

An interest mentioned in item 4 of the growth phase table

The information mentioned in paragraphs 64(4)(a) to (j) of the Regulations

The information mentioned in the definitions of the following factors in item 4 of the growth phase table:

(a) FLS;

(b) UFLS

6  Provision of information by trustee—payment phase interests

  In relation to a superannuation interest mentioned in an item in the following table:

 (a) for paragraph 64(7B)(a) of the Regulations, the trustee of the PSS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and

 (b) for paragraph 64(7B)(b) of the Regulations, the trustee of the PSS Scheme must provide the information about the interest mentioned in column 4 of the item.

 

Item

Superannuation interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in item 1 of the payment phase table

The information mentioned in paragraph 64(3)(b) of the Regulations

The information mentioned in the definition of P in item 1 of the payment phase table

The following information in relation to the person who has the interest:

(a) the person’s date of birth;

(b) the type of pension payable to the person;

(c) if the pension is not an associate standard pension, an associate preserved pension or a pension that became payable on the person’s invalidity retirement before age 60—whether or not the person has chosen a Reduced Pension under rule 9.2.1 of the Rules;

 

 

 

(d) if the pension is an associate standard pension—whether the pension is a normal associate standard pension or an invalidity associate standard pension;

(e) if the pension is an associate preserved pension—whether the pension is a normal associate preserved pension or an invalidity associate preserved pension;

(f) the annual amount, if any, of the person’s pension that is payable, in accordance with the Rules, in respect of 1 or more eligible children or partially dependent children

7  Application of amendments made by the Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2024

  The amendments of the table in section 5 made by the Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2024 apply in relation to applications, to the trustee of the PSS Scheme for information about a superannuation interest, that:

 (a) were made before the time that instrument commences, if at that time, the trustee has not yet provided the requested information; or

 (b) are made on or after that time.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Determination 2004

8 Mar 2004 (gaz 2004, No S68)

8 Mar 2004

 

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

13 May 2004 (F2004B00103)

18 May 2004 (s 2)

Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Amendment Determination 2005 (No. 1)

25 May 2005 (F2005L01180)

26 May 2005 (s 2)

Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Amendment Determination 2008 (No. 1)

31 Jan 2008 (F2008L00134)

1 Feb 2008 (s 2)

Family Law (Superannuation) (Provision of Information — Public Sector Superannuation Scheme) Amendment Determination 2024

12 Mar 2024 (F2024L00293)

13 Mar 2024 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 3.....................

am No 1, 2005

s 5.....................

am  No 1, 2004; No 1, 2005; No 1, 2008; F2024L00293

s 6.....................

ad No 1, 2005

s 7.....................

ad F2024L00293

 

 

Overview

The Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Determination 2004 was enacted to address the need for clear and specific guidelines on the provision of information regarding superannuation interests within the Public Sector Superannuation Scheme (PSS) for the purposes of family law. This legislative instrument was created under the authority of subregulation 64(7) of the Family Law (Superannuation) Regulations 2001 and was introduced to ensure that trustees of the PSS Scheme provide the necessary information accurately and efficiently, thereby facilitating equitable outcomes in family law matters involving superannuation interests. The policy objective is to streamline the provision of information to support the administration of justice in family law proceedings. The determination applies to superannuation interests for which methods and factors have been approved under the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003. It outlines the specific information that must or must not be provided by the trustee, depending on whether the superannuation interest is in the growth phase or the payment phase.

Scope and Application

The Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Determination 2004 applies to the trustees of the Public Sector Superannuation Scheme (PSS Scheme) and governs the provision of specific information regarding superannuation interests held within the PSS Scheme. This information pertains to both growth phase and payment phase interests as defined in the Methods and Factors Approval 2003. The Determination outlines what information must be provided and what information is not required to be provided, depending on the type of superannuation interest and phase. It is applicable to applications made to the trustee for information about a superannuation interest, whether these were made before or after the commencement of the relevant amendments. This Determination is instrumental in ensuring that the information provided to the Family Law Courts for the purposes of family law proceedings is both accurate and comprehensive, facilitating fair and informed decisions.

Key Provisions

The Family Law (Superannuation) (Provision of Information—Public Sector Superannuation Scheme) Determination 2004 (the Determination) governs the provision of information about superannuation interests in the Public Sector Superannuation Scheme (PSS Scheme) for the purposes of family law proceedings. This Determination applies to superannuation interests for which a method and factors have been approved under the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (Methods and Factors Approval). Section 5 of the Determination specifies what information is not required to be provided and what information must be provided for growth phase interests, while Section 6 does the same for payment phase interests. The trustee of the PSS Scheme must provide certain specified information about the superannuation interest, such as the member’s date of birth and the type of pension payable, as outlined in the relevant tables of the Determination. The Determination imposes specific obligations on the trustee of the PSS Scheme to provide accurate and detailed information about superannuation interests. For growth phase interests, the trustee must provide information as defined in the growth phase table of the Methods and Factors Approval. This includes information about various factors such as Account Balance Method (ABM), Account Member Contribution (AMC), Account Pension Contribution (APC), Account Transfer Amount (ATA), and End Retirement Date Age (ERDA). For payment phase interests, the trustee must provide information as defined in the payment phase table, including details about the member’s date of birth, type of pension payable, and eligibility for certain benefits. The trustee must also provide specific information about the member, such as whether they are entitled to a preserved benefit and their eligibility for certain benefits. Breaching the obligations set out in the Determination can lead to legal consequences. The Determination does not explicitly state offences, penalties, or civil/criminal consequences for non-compliance. However, failure to provide the required information as specified may result in legal challenges or disputes during family law proceedings. The consequences of such non-compliance would depend on the specific circumstances of the case and the discretion of the court. It is important for the trustee to adhere to the requirements of the Determination to avoid potential legal repercussions.

Legal classification tags

Area of Law
Family Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Provision of information by trustee—growth phase interests
Provision of information by trustee—payment phase interests

Interactions

Authorises

All Versions

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.