CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.10A - EXTERNAL DISPUTE RESOLUTION  

Division 3 - Additional provisions relating to superannuation complaints  

Subdivision D - Superannuation complaints relating to payment of death benefits  

SECTION 1056A   JOINING PERSONS TO COMPLAINTS RELATING TO DEATH BENEFIT DECISIONS  

1056A(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.

1056A(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.

1056A(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.


View surrounding sectionsView surrounding sectionsBack to top


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.