Subdiv 5.11, comprising regs 7.9.48
-
7.9.48D, omitted by FRLI No F2018L00515, Sch 2
[
1
]
(effective 25 April 2018). Regs 7.9.48
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7.9.48D formerly read:
REGULATION 7.9.48 SOURCE OF POWER FOR THIS SUBDIVISION (REPEALED)
7.9.48
This Subdivision is made for section 1017DA of the Act.
REGULATION 7.9.48A DEFINITIONS (REPEALED)
7.9.48A
In this Subdivision:
decision-maker
means:
(a)
the trustee of a regulated superannuation fund or approved deposit fund; or
(b)
an RSA provider.
eligible person
means any of the following:
(a)
a beneficiary of a relevant entity;
(b)
a former beneficiary of a relevant entity;
(c)
the executor or administrator of the estate of a former beneficiary of a relevant entity;
(d)
for a complaint that relates to the payment of a death benefit
-
a person who:
(i)
has an interest in the death benefit; or
(ii)
claims to be, or to be entitled to death benefits through, a person mentioned in subparagraph (i).
relevant entity
means any of the following:
(a)
a regulated superannuation fund;
(b)
an approved deposit fund;
(c)
an RSA.
REGULATION 7.9.48B COMPLAINTS
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GENERAL (REPEALED)
7.9.48B(1)
This regulation applies to a decision-maker if:
(a)
an eligible person makes a complaint; and
(b)
the decision-maker makes a decision in relation to the complaint in accordance with the relevant entity
'
s internal dispute resolution mechanism.
7.9.48B(2)
The decision-maker must, within 30 days of making the decision, inform the eligible person:
(a)
of the date of the decision; and
(b)
about the external dispute resolution system that covers complaints by eligible persons; and
(c)
about how that system may be accessed.
Example: Information about the Superannuation Complaints Tribunal.
REGULATION 7.9.48C COMPLAINTS ABOUT BENEFITS OTHER THAN DEATH BENEFITS
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DECISION MADE (REPEALED)
7.9.48C(1)
This regulation applies to a decision-maker if:
(a)
an eligible person makes a complaint; and
(b)
the complaint is not a complaint that relates to the payment of a death benefit; and
(c)
the decision-maker makes a decision in relation to the complaint in accordance with the relevant entity
'
s internal dispute resolution mechanism.
7.9.48C(2)
The decision-maker must, within 30 days of making the decision, inform the eligible person:
(a)
that the eligible person may, in writing, request written reasons for the decision; and
(b)
that the reasons mentioned in paragraph (a) must be given:
(i)
within 28 days of the eligible person
'
s request under paragraph (a); or
(ii)
if the Regulator gives the decision-maker an extension
-
within the extended period.
REGULATION 7.9.48D COMPLAINTS ABOUT BENEFITS OTHER THAN DEATH BENEFITS
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NO DECISION MADE (REPEALED)
7.9.48D(1)
This regulation applies to a decision-maker if:
(a)
an eligible person makes a complaint; and
(b)
the complaint is not a complaint that relates to the payment of a death benefit; and
(c)
the decision-maker has not made a decision in relation to the complaint.
7.9.48D(2)
The decision-maker must, within 45 days of the complaint, inform the eligible person:
(a)
that if the decision is not made within 90 days of the complaint, the eligible person may, in writing, request written reasons for the failure to make the decision; and
(b)
that the reasons mentioned in paragraph (a) must be given:
(i)
within 28 days of the eligible person
'
s request under paragraph (a); or
(ii)
if the Regulator gives the decision-maker an extension
-
within the extended period.
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