SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

PART 4 - COMPLAINTS, PROCEDURAL MATTERS RELATING TO COMPLAINTS AND COMPLAINTS THE TRIBUNAL CANNOT DEAL WITH  

SECTION 14   COMPLAINTS ABOUT DECISIONS OF TRUSTEES OTHER THAN DECISIONS TO ADMIT PERSONS TO LIFE POLICY FUNDS  

14(1)   [Trustee ' s decision]  

This section applies if the trustee of a fund has made a decision (whether before or after the commencement of this Act) in relation to:


(a) a particular member or a particular former member of a regulated superannuation fund; or


(b) a particular beneficiary or a particular former beneficiary of an approved deposit fund.

14(1A)   [Exclusion]  

This section does not apply to a decision of a trustee in respect of which a complaint can be made to the Tribunal under section 14A .

14(2)   [Grounds]  

Subject to subsection (3) and section 15 , a person may make a complaint (other than an excluded complaint) to the Tribunal, that the decision is or was unfair or unreasonable.

Note:

Although a complaint is about the decision of a trustee, the Tribunal may join an insurer or other person as a party to the complaint (see subsection 18(1) ). The Tribunal may then review any decision of a person joined as a party that may be relevant to the complaint.

14(3)   [Period to make complaint]  

If a person has been given a written notice by the trustee of a fund setting out:


(a) the trustee ' s decision in relation to the person ' s objection to the payment of a death benefit; and


(b) the prescribed period within which the person must complain to the Tribunal about the decision;

the person may only make a complaint under this section to the Tribunal within that period.

14(4)   [Complaint not within prescribed period]  

The Tribunal cannot deal with a complaint under this section about a trustee ' s decision that must be made within the prescribed period referred to in subsection (3) if the complaint is not made within that period.

14(5)   [Excluded matter]  

The Tribunal cannot deal with a complaint under this section to the extent that it relates to excluded subject matter.

14(6)   [Management of fund]  

The Tribunal cannot deal with a complaint under this section that relates to the management of a fund as a whole.

14(6A)  


The Tribunal cannot deal with a complaint under this section about a decision of a trustee relating to the payment of a disability benefit because of total and permanent disability if the complaint is not made within the following period:


(a) in the case of a person who, before the making of the decision, permanently ceased particular employment because of the physical or mental condition that gave rise to the claim for disability benefit - 4 years after the making of the decision;


(b) in any other case - 6 years after the making of the decision.

14(6B)   [Person permanently ceased particular employment]  

The Tribunal cannot deal with a complaint under this section about a decision of a trustee relating to the payment of a disability benefit because of total and permanent disability if:


(a) before the making of the decision, the person permanently ceased particular employment (whether before or after commencement of this subsection) because of the physical or mental condition that gave rise to the claim for disability benefit; and


(b) the claim was not lodged, or is not lodged, with the trustee, within 2 years after the person permanently ceased that employment.

14(6C)   [Original decision relating to payment of disability benefit]  

Without limiting the meaning of a decision of a trustee relating to the payment of a disability benefit in any other provision of this Act, that expression means, for the purposes of subsections (6A) and (6B), the original decision of the trustee in relation to the matter.

14(6D)   [Original decision confirmed, varied, substituted]  

For the purposes of subsection (6C), if, as a result of a complaint about the original decision of the trustee under arrangements made under section 101 of the Supervision Act, the original decision was confirmed or varied, or another decision was substituted for the original decision:


(a) the decision as so confirmed or varied, or the substituted decision, is taken to be the original decision; and


(b) the decision as so confirmed or varied, or the substituted decision, is taken to have been made at the time when the original decision was made.

14(7)   [Manner of making complaint]  

A complaint under subsection (2) is to be made by sending or delivering a written complaint to the office of the Tribunal.

Note:

See section 3 for definitions of complaint , complainant , excluded complaint and excluded subject matter .




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