State Superannuation Regulations 2001

The value of the ex‑spouse’s entitlement under regulation 219C(a) is to be determined in accordance with the Family Law (Superannuation) Regulations 2025 (Cth) regulation 25.

When an ex‑spouse becomes entitled to a superannuation interest under regulation 219C(a) the Board is to transfer in accordance with subregulation (3) an amount equal to —

the value of the ex‑spouse’s entitlement; less

any fees payable by the ex‑spouse under the Family Law Act section 90XY.

The amount must be transferred to —

if —

the ex‑spouse has nominated a superannuation fund to which the amount is to be transferred; and

the Board is able to transfer the amount to that fund,

if paragraph (a) does not apply and the ex‑spouse is a member of the West State scheme in respect of whom transfers to that scheme may be accepted, that scheme; or

if —

neither paragraph (a) nor (b) applies; and

the ex‑spouse is a member of the GESB Super Scheme, the Gold State Super Scheme or the Pension Scheme,

if none of paragraphs (a), (b) and (c) applies — the Commonwealth Commissioner of Taxation, if the Commissioner is permitted under the Commonwealth Unclaimed Money Act to accept the transfer.

A nomination for the purposes of subregulation (3)(a) must be made in writing to the Board within 28 days (or such longer period as the Board allows) of the ex‑spouse being requested by the Board to nominate a fund.