Superannuation Industry (Supervision) Legislation Amendment Act 1995 (144 of 1995)

Schedule 5   AMENDMENTS OF THE SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

35   After subsection 14(6)

Insert:

"(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 unless:

(a) the decision is made on or after 1 November 1994; and

(b) the complaint is made within a period of one year after the making of the decision to which the complaint relates.

"(6B) 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 one year after the person permanently ceased that employment.

"(6C) 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.

"(6D) 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.".

Note: The heading to section 14 is altered by inserting "about decisions of trustees other than decisions to admit persons to life policy funds" after "Complaints".