superannuation

Applications for putative spouse declarations and review jurisdiction under superannuation legislation

From 5 July 2018 SACAT will have review jurisdiction under the:

  • Police Superannuation Act 1990,
  • Southern State Superannuation Act 2009,
  • Superannuation Act 1998,
  • Public Corporations (Southern Select Super Corporation) Regulations 2012 made under the Public Corporations Act 1993.

Applying to the Tribunal for a putative spouse declaration

SACAT can make a declaration that, on a certain date, persons are putative spouses for the purposes of the Police Superannuation Act 1990, the Southern State Superannuation Act 2009 or the Superannuation Act 1998.

A declaration may be made where you have been:

  • Cohabiting with the other person de facto and have continuously lived together for the previous three years, or during the previous four years have lived with the other person for at least three years,
  • Cohabiting with the other person de facto and have a child together,
  • In a registered relationship, by providing a certificate issued by the Registrar of Births, Deaths and Marriages.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘superannuation’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 3).

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.
  • Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of public at the Tribunal.

Relevant legislation: