Exposure Draft: Family Law (Superannuation) Regulations 2024

Closes 26 Apr 2024

Opened 14 Mar 2024

Overview

The Family Law (Superannuation) Regulations 2001 (the existing Regulations) are due to sunset on 1 April 2025. We have been reviewing the existing Regulations with a view to remaking them prior to their sunset.

We have released an exposure draft of the Family Law (Superannuation) Regulations 2024 (the new Regulations) to seek feedback on the proposed new Regulations.

The superannuation splitting framework under the new Regulations is substantially the same as the current framework. However, as the existing Regulations were made in 2001, drafting changes are needed to modernise the language and ensure the provisions continue to operate effectively. The new Regulations also contain several changes to clarify provisions and ensure that superannuation splitting arrangements keep pace with developments in superannuation products and with broader superannuation policy.

Download the exposure draft: Family Law (Superannuation) Regulations 2024

Note: the exposure draft of the new Regulations may not necessarily reflect the scope of the final Regulations that are made after this consultation process.

Download our consultation paper

We have prepared a consultation paper to support the exposure draft of the new Regulations and seek stakeholder views on key issues. This consultation paper provides information on the amendments within the exposure draft and the policies that they seek to implement. We strongly encourage you to download, read and refer to this paper in conjunction with the exposure draft in preparing your submission.

For ease of reference, a comparison table of provision numbers for the existing Regulations and the exposure draft Regulations is also available for download.

Why your views matter

Your feedback and perspectives are invaluable to ensuring the effective implementation and operation of the proposed remade Regulations. We welcome feedback from all interested stakeholders who engage with the family law superannuation splitting framework. This includes:

  • superannuation trustees
  • superannuation actuaries
  • superannuation splitting advisers and specialists
  • family law practitioners.

Have your say

We invite submissions in response to the exposure draft and, in particular, in response to the specific consultation questions set out in the consultation paper.

The easiest way to make a submission is to complete our online questionnaire on areas that are of interest to you. You can provide responses to as many or as few questions as you like. If you do not wish to respond to particular questions, please leave the response field blank (do not write “Not applicable”, “N/A” or “Nil”). Click ‘Make a submission’ below to get started.

We will only publish your submission if you advise us to do so. When making a submission through the Consultation Hub, you can indicate if you would like your submission published.

You may choose not to provide your name and to make a submission anonymously. In this case, if you consent to publication, your submission will be published anonymously.

Submissions must not directly or indirectly identify persons, associates of persons, or witnesses involved in family law proceedings. This means that submissions should not include details like a person’s name (or their children), address, workplace, or school. Section 121 of the Family Law Act 1975 (Cth) (Family Law Act) makes it an offence, except in very limited circumstances, to publish this information.

If you advise us to publish your submission, you will be required to acknowledge and agree that you have made all reasonable efforts to:

  • clearly label material in your submission where the copyright is owned by a third party
  • ensure that the third party has consented to this material being published.

Even if you advise us to publish your submission, we reserve the right to leave unpublished any submission or part thereof, in particular if we consider that:

  • publishing a submission or part of a submission would be in breach of subsection 121(1) of the Family Law Act
  • a submission or part of a submission contains copyright material, publication of which may be in breach of the Copyright Act 1968 (Cth)
  • a submission breaches the department’s submission requirements set out, in particular, contains photos, file size (larger than 25MB), or file type requirements specified.

Submissions may be subject to freedom of information requests, or requests from Parliament, which we will consider and respond to in line with regulatory requirements.

Contact us

Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600
Email: FLSregulations@ag.gov.au

Have your say

Interests

  • Family
  • Financial law