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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