The regulator said that as part of its role in safeguarding the integrity of the super system, it must ensure SMSF trustees comply with relevant tax and super laws.
Where contraventions occur, it applies appropriate compliance measures to protect retirement savings and ensure tax concessions are directed to those operating within the regulatory framework.
It continued that one important tool is the education direction – a written notice requiring a trustee to complete an approved SMSF education course and provide evidence of completion.
This is used when a trustee’s lack of understanding has contributed to a breach of the Superannuation Industry (Supervision) Act 1993 (SISA) or Regulations (SISR).
The ATO said the benefits of an education direction include addressing knowledge gaps that led to the contravention and improving trustee understanding to prevent future breaches.
Education directions may be used alongside other compliance options, such as administrative penalties, rectification directions, and written undertakings to rectify the issue.
Trustees must also sign or re-sign the SMSF trustee declaration within 21 days of completing the course to confirm their understanding of their obligations.
Education directions can only be issued where there is a reasonable belief of a contravention (excluding Part 3B of the SISA), and only to individuals or directors who were trustees at the time of the breach.
The ATO is inviting trustees to review and provide feedback on the draft Practice Statement – PS LA 2025/D2 Self-managed super funds – Education direction(s) for contraventions of the Superannuation Industry (Supervision) Act 1993.
Feedback and comments can be sent to PAGSPR@ato.gov.au by Friday, 31 October 2025.
