Checklist · Superannuation
Preservation and early-release conditions map
A map of the conditions of release on the ATO page, including preservation age, the hardship figures, and the conditions that are not a right to cash. The lawyer decides whether a condition is met. The conclusion is blank.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a trustee is asked to pay a preserved benefit and needs the ATO's list of conditions beside the file. Do not use it to pay the benefit. The page sits in the ATO's APRA-regulated material. The fund's deed still has to allow the payment. Compassionate-ground categories were not listed on the page.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may place the member's age and the documents against the headings on the ATO page. It must not decide that a condition is met, or write a sentence that would be used to pay a benefit.
AI may
- Calculate preservation age from the member's date of birth using the table on the page
- List which heading the trustee has asked about, and the documents on the file for that heading
- Copy the hardship dollar limits and the 10 per cent transition-to-retirement maximum as the page's figures, with a check-current note
AI must not
- Must not decide that a condition of release is met, or that the deed allows the payment
- Must not list compassionate grounds. The page says specified grounds and does not list them
- Must not state pension minimum percentages. That page was not opened. The 10 per cent maximum is the only percentage stated here
- Must not describe a payment to a member who has not met a condition as a super benefit
The lawyer checks
- The conclusion is the lawyer's or the trustee's, and it is not generated
- The governing rules allow the condition relied on. The page requires that for the special conditions, and an SMSF deed can be narrower
- The page was last updated 13 October 2025. The dollar figures are re-read before a payment
- A rollover to another fund is not treated as needing a condition of release, subject to the governing rules, which is the distinction the page draws
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Superannuation · Tasks and AI use in this area