Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (RESOLUTION OF COMPLAINTS) REGULATIONS (AMENDMENT) 1995 NO. 77

STATUTORY RULES 1995 No. 77

Issued by the Authority of the Treasurer

Superannuation (Resolution of Complaints) Act 1993

Superannuation (Resolution of Complaints) Regulations (Amendment)

The Superannuation (Resolution of Complaints) Act 1993 (the Act) established, with effect from 1 July 1994, the Superannuation Complaints Tribunal. The Tribunal has the objectives of providing a fair, economical, informal and quick mechanism for:

•       the conciliation of complaints made by members of regulated superannuation funds and approved deposit funds; and

•       if conciliation is not successful at resolving the complaint - the review of the fund trustee decisions to which the complaint relates.

Section 68 of the Act provides that the Governor-General may make Regulations for the purposes of the Act.

This regulation excludes (until 31 October 1995) matters which require the consideration of medical evidence from the jurisdiction of the Tribunal.

The regulation is described in detail in the attachment.

The regulation commenced on gazettal.

ATTACHMENT

Superannuation (Resolution of Complaints) Regulations (Amendment)

BACKGROUND

The Superannuation Complaints Tribunal (SCT) cannot deal with a complaint to the extent that it relates to 'excluded subject matter'.

On 1 November 1994 Regulation 4 of the Superannuation (Resolution of Complaints) Regulations was gazetted. The regulation prescribed medical evidence as 'excluded subject matter' and thereby excluded, in effect, complaints involving the assessment of medical evidence from the SCT's jurisdiction.

However, a 'sunset' clause included in Regulation 4 will cause it to cease to have effect six months after gazettal (that is, from 1 May 1995). The purpose of the sunset' clause was to give the Government a six month period to consult widely on how 'medical evidence' complaints could be handled most efficiently, and how they should be paid for.

The amendment to Regulation 4 extends the exclusion of complaints requiring the assessment of medical evidence from the SCT's jurisdiction for a further six month period, that is, to 1 November 1995.

The effect of the regulation, therefore, is that until 1 November 1995, the Tribunal will not be required to deal with complaints to the extent that they require assessment of medical evidence. On 1 November the Tribunal will be required to fully deal with such complaints. This extension will give the Government more time to address certain administrative and technical problems with SCT handling of 'medical evidence' complaints which have been identified in consultations on this matter. The resolution of these administrative and technical problems may require amendments to the Superannuation (Resolution of Complaints) Act 1993.

Regulation 1 - Amendment

Regulation 1 provides that the Superannuation (Resolution of Complaints) Regulations (the Principal Regulations) are amended as set out in these Regulations.

Regulation 2 - Excluded subject matter

Regulation 2 amends Regulation 4 of the Principal Regulations.

Sub-regulation 4(1) 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 of 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.

Amended sub-regulation 4(2) provides that Regulation 4 will cease to have effect on 31 October 1995.