Minister may, by written determination, provide either or both of the following: (a) that the trustee is not required to provide the information about the interest mentioned in one or more of subregulations (2) and (3); (b) that the trustee must provide other information, as specified in the determination, about the interest. The construct of this Subregulation is that ‘if’ under regulation 43A, the Minister has approved a method or factors, then the Minister may make a written determination. Given the fact Reg 43A does not apply to these benefits, the determination cannot be applied. The Determination 2016 was a direct response to the Campbell case and was constructed before the Judicial process had concluded. This raises questions of procedural fairness. Final submissions were given to the SCT one day before the CSC ‘advised’ the SCT about the legislative change, which they were just handed by the Attorney General’s office, and which they suggested knew nothing about. A response to the failings of the Determination is provided below. The for the Determination 2016, states: The ‘default’ methods contained in the Regulations for valuing superannuation interests are not appropriate for some superannuation interests. As such, regulations 38 and 43A provide that the may approve, in writing, alternative valuation methods. The Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (the Approval) has been made for this purpose. It contains methods and factors for determining the value of superannuation interests in more than 30 superannuation schemes. The Approval is a legislative instrument and has been registered on the Federal Register of Legislation. The method and factors approved for MSBS superannuation interests are set out in Part 4 of Schedule 1 of the Approval. Response: The mentioned above rely on Reg 43A which does not apply to these benefits. This instrument responds to uncertainty that may exist following a judgment of the Federal Court of Australia in Campbell v Superannuation Complaints Tribunal [2016] FCA 808 on 15 July 2016 as to whether the existing Determination applies to MSBS invalidity pension interests (which are a subset of MSBS pension interests). In
Minister may, by written determination, provide either or both of the following: (a) that the trustee is not required to provide the information about the interest mentioned in one or more of subregulations (2) and (3); (b) that the trustee must provide other information, as specified in the determination, about the interest. The construct of this Subregulation is that ‘if’ under regulation 43A, the Minister has approved a method or factors, then the Minister may make a written determination. Given the fact Reg 43A does not apply to these benefits, the determination cannot be applied. The Determination 2016 was a direct response to the Campbell case and was constructed before the Judicial process had concluded. This raises questions of procedural fairness. Final submissions were given to the SCT one day before the CSC ‘advised’ the SCT about the legislative change, which they were just handed by the Attorney General’s office, and which they suggested knew nothing about. A response to the failings of the Determination is provided below. The for the Determination 2016, states: The ‘default’ methods contained in the Regulations for valuing superannuation interests are not appropriate for some superannuation interests. As such, regulations 38 and 43A provide that the may approve, in writing, alternative valuation methods. The Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (the Approval) has been made for this purpose. It contains methods and factors for determining the value of superannuation interests in more than 30 superannuation schemes. The Approval is a legislative instrument and has been registered on the Federal Register of Legislation. The method and factors approved for MSBS superannuation interests are set out in Part 4 of Schedule 1 of the Approval. Response: The mentioned above rely on Reg 43A which does not apply to these benefits. This instrument responds to uncertainty that may exist following a judgment of the Federal Court of Australia in Campbell v Superannuation Complaints Tribunal [2016] FCA 808 on 15 July 2016 as to whether the existing Determination applies to MSBS invalidity pension interests (which are a subset of MSBS pension interests). In
sub081-veterans-attachment.docx