Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (RESOLUTION OF COMPLAINTS) REGULATIONS 1994 NO. 56

STATUTORY RULES 1994 No. 56

ISSUED BY THE AUTHORITY OF THE TREASURER

Superannuation (Resolution of Complaints) Act 1993

Superannuation (Resolution of Complaints) Regulations

Section 68 of the Superannuation (Resolution of Complaints) Act 1993 (the Act) provides that the Governor-General my make Regulations for the purposes of the Act.

The Act provides a mechanism through which members of superannuation funds can enforce their rights by way of statutory disputes resolution arrangements. The Act establishes the Superannuation Complaints Tribunal from 1 July 1994, to deal with complaints and to make determinations in respect of such complaints which relate to a decision (or a failure to make a decision) by a trustee, in relation to an individual.

The regulations provide details on matters which are excluded when considering complaints and also prescribes the time period in which complaints relating to payments of benefits must be made.

The regulations have been developed in consultation with representatives of the superannuation industry and related professional organisations.

The regulations are described in detail in the attachment.

The regulations commence on the commencement of the Act.

ATTACHMENT

Superannuation (Resolution of Complaints) Regulations

BACKGROUND

The Superannuation Complaints Tribunal will deal with complaints and make determinations in respect of such complaints which relate to a decision (or a failure to make a decision) by a trustee, in relation to an individual.

The Tribunal cannot deal with a complaint to the extent that it relates to excluded subject matter. The regulations exclude medical matters from the matters which the Tribunal can deal with. Consistent with the recommendation of the Senate Select Committee on Superannuation, the parts of a complaint involving issues of procedural fairness and the legal interpretation of the term 'disability' in a deed have not been excluded from the Tribunal's jurisdiction.

The regulations also deal with complaints relating to the payment of benefits. Complainants must object to the trustee of the fund in relation to a proposed payment of benefits within 28 days after the complainant receives a written notice from the trustee setting out the proposed payment of benefits.

If the complainant then wishes to pursue the matter with the Tribunal, he or she must object to the Tribunal within 28 days after the complainant receives a written notice from the trustee setting out the trustee's decision in relation to the complainant's objection to the payment.

Regulation 1 - Citation

Regulation 1 provides that the regulations may be cited as the Superannuation (Resolution of Complaints) Regulations.

Regulation 2 - Commencement

The Act commences on a date to be proclaimed or 1 July 1994 (whichever is the earliest). Subsection 4(1) of the Acts Interpretation Act 1901 (Interpretation Act) provides that where an Act confers a power to make regulations, the regulations may be made before the Act comes into operation. Subsection 4(2A) of the Interpretation Act provides that regulations made in these circumstances take effect on or from the date 'specified' in the regulations, provided that that date is not earlier than the date on which the Act comes into operation.

Regulation 2 provides that the regulations commence on commencement of the Act.

Regulation 3 - Interpretation

Regulation 3 provides a definition of the phrase 'the Act' to mean the Superannuation (Resolution of Complaints) Act 1993.

Regulation 4 - Excluded subject matter

Regulation 4 provides for the purposes of the definition of 'excluded subject matter' in section 3 of the Act, that excluded subject matter is matter in relation to which the Tribunal would in dealing with the matter, have to undertake the assessment or evaluation of medical evidence, reports or opinions, or consider, having regard to medical evidence, opinion or reports, the question of a person's incapacity. This exclusion also applies to situations where the Tribunal would be likely to have to perform a function mentioned above.

Regulation 5 - Complaints relating to payment of benefits

Regulation 5 prescribes for the purposes of paragraph 14(3)(b) and sub-paragraph 15(2)(a)(ii) of the Act that the prescribed period is 28 days.