Commonwealth Consolidated Acts

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Joining persons to complaints relating to death benefit decisions

  (1)   If a death benefit decision - maker:

  (a)   makes a decision relating to the payment of a death benefit; and

  (b)   is notified by AFCA of a superannuation complaint made in accordance with section   1056 relating to the decision;

the decision - maker must, within 28 days after being so notified, give notice to each person (other than the complainant) whom the decision - maker believes, after reasonable enquiry, may have an interest in the death benefit.

  (2)   A notice given to a person under subsection   (1) must:

  (a)   state that a complaint has been made to AFCA about the decision; and

  (b)   set out the details of the complaint; and

  (c)   state that the person may apply to be joined as a party to the complaint by giving notice to AFCA within 28 days after the person is given notice, or such longer period as AFCA allows.

  (3)   A person (other than a person referred to in any of paragraphs 1054(1)(b) to (f)) may be joined as a party to the complaint under section   1054 only if:

  (a)   the person applies in accordance with paragraph   (2)(c) of this section; or

  (b)   AFCA is satisfied that, in all the circumstances, the person should be joined as a party despite not so applying.

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