EXPLANATORY STATEMENT
Issued by Authority of the Attorney-General
Family Law (Superannuation) Regulations 2001
Family Law (Superannuation) (Provision of Information–SA Local Government Superannuation Scheme) Amendment Determination 2012 (No. 1)
If, under regulation 38 of the Family Law (Superannuation) Regulations 2001, the Attorney‑General has approved methods for determining the gross value of superannuation interests for the purposes of the provisions of the Family Law Act 1975, under subregulation 64(7) of the Family Law (Superannuation) Regulations 2001, the Attorney‑General may approve in writing that a trustee of a superannuation scheme must provide other information, as specified in the determination, about the interest or the component of the interest. In this instrument, the Attorney-General amends the Family Law (Superannuation) (Provision of Information–SA Local Government Superannuation Scheme) Determination 2003 (the Provision of Information Determination).
The Provision of Information Determination provides for the matters about which the trustee of the South Australian Local Government Superannuation Scheme is required to provide information, under the provisions of the Family Law Act 1975 allowing superannuation to be split on relationship breakdown, in respect of an interest in the Scheme.
Pursuant to arrangements made by the South Australian Government, members of the South Australian Local Government Superannuation Scheme are to be transferred to the Statewide Superannuation Trust. Once transferred, the Local Government Superannuation Scheme members are to have the same rights and entitlements that they had as members of the South Australian Local Government Superannuation Scheme.
Specifically, this instrument amends the Provision of Information Determination so that the obligation to provide information about a member’s superannuation account applies to the trustees of Statewide Superannuation Trust in respect of the interests of members who have been transferred from the South Australian Local Government Scheme.
Consultation on the content of the amendments occurred between the Commonwealth and the South Australian Local Government Superannuation Scheme by way of email and telephone exchange.
The instrument commences on 1 July 2012.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the instrument are as follows:
Section 1 — Name of determination
Section 1 provides that the title of the instrument is the Family Law (Superannuation) (Provision of Information–SA Local Government Superannuation Scheme) Amendment Determination 2012 (No.1).
Section 2 — Commencement
Section 2 provides that the instrument commences on 1 July 2012.
Section 3 — Amendment of Family Law (Superannuation) (Provision of Information–SA Local Government Superannuation Scheme) Determination 2003
Section 3 provides that the Family Law (Superannuation) (Provision of Information–SA Local Government Superannuation Scheme) Determination 2003 is amended as set out in Schedule 1.
Schedule 1 — Amendments
Item [1] – Section 3, definition of Rules
Item 1 substitutes the definition of ‘Rules’ in section 3 of the Provision of Information Determination to mean the rules set out in Division 9 of the trust deed. A definition of trust deed is inserted into the Provision of Information Determination by item [3].
Item [2] – Section 3, definition of SA Local Government Superannuation Scheme
Item 2 amends the definition of ‘SA Local Government Superannuation Scheme’ by omitting the reference to “subclause 3(1) of Schedule 1 to the Local Government Act 1999 (SA)” and inserting “paragraph 2(1)(b) of Schedule 1 to the Local Government (Superannuation Scheme Amendment Act 2008 (SA)” in its place. The Local Government (Superannuation Scheme) (Merger) Amendment Act 2012 (SA) amends the transitional provisions in the Local Government (Superannuation Scheme) Amendment Act 2008 (SA) (located in Schedule 1 of that Act) to enable the South Australian Local Government Superannuation Scheme to continue in existence as a result of a merger of the scheme (or a subsequent merger of the scheme) with another superannuation fund (in this case the Statewide Superannuation Trust).
Item [3] – Section 3
Item 3 inserts a definition of ‘trust deed’ to mean the declaration of trust dated 1 May 1986, made by Statewide Superannuation Pty Ltd, as amended and in force on 1 July 2012. A copy of the trust deed is available to members on request.
Item [4] – Paragraph 5 (b)
Item 4 omits the reference to “rule 73” and inserts a reference to “rule 58 of Sub-division C” in its place. This takes account of reference changes in the trust deed, as a result of the merger, in relation to the retention of benefits in the Local Government Superannuation Scheme.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Family Law (Superannuation) (Provision of Information – SA Local Government Superannuation Scheme) Amendment Determination 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Pursuant to arrangements made by the South Australian Government, the members of the South Australian Local Government Superannuation Scheme are to be transferred to the Statewide Superannuation Trust. This instrument ensures that, once transferred, the Local Government Superannuation Scheme members retain the same rights and entitlements that they had as members of the South Australian Local Government Superannuation Scheme.
Human rights implications
The instrument does not engage any of the applicable rights and freedoms as its affect is only administrative.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Nicola Roxon MP
Attorney-General