Uncontactable member test
A member is taken to be lost and uncontactable when all of the following apply:
- You've never held an address for them, or you've made attempts to send written communications to them and you believe they can no longer be contacted at any address known to you.
- They haven't contacted you within the last 12 months.
- They haven't accessed details about their super interest, using your electronic facility, within the last 12 months.
- You've not received a contribution or rollover for that member within the last 12 months.
The uncontactable tests outlined are intended to provide tangible steps for you to determine if a member is aware of and engaged with their account.
Example: not lost
You've received 2 letters 'returned unclaimed'. But you have ongoing contact with the member through another means (for example through email, phone or your online service).
We expect you to consider that your member:
- knows about their account
- has demonstrated this through an indication of engagement
- should not be considered lost.
Holding a member's address
A member’s address may be obtained from:
- their membership application
- correspondence from an employer or authorised third party
- a telephone call
- another source.
Written communication
A ‘communication’ includes any letter or publication addressed to the member which includes the member's complete address.
Written communications need to be issued to the member's last known address and returned unclaimed. Generally, this process occurs using the postal system. For a written communication to be returned unclaimed, it is required to reach its intended destination, then be subsequently returned to the original sender.
While email is a form of written communication, it can only be considered as returned unclaimed where the original sender receives a return email advising that the recipient is either not known, no longer correct, or no longer using the address. A response that a mailbox is full, for example, doesn't equate to a 'returned unclaimed' written communication.
A member's lack of response to your communication requesting action doesn't equate to ‘returned unclaimed’ written communication.
One written communication
RSA and SIS regulations give you the option to act upon one written communication sent to the member's last known address that has been returned unclaimed. It is prudent for you to attempt to locate a member if they're considered lost.
While you can act on one piece of returned written communication, you should use the return of unclaimed mail as a trigger to undertake additional, thorough searches to locate the member. Further guidance on what might be considered reasonable effort on your behalf is provided in Reasonable effort to contact the member.
No contribution or rollover in 12 months
For members to be considered lost and uncontactable, you must not have received a contribution or rollover for that member within the last 12 months.
Examples of activity for the member may include:
- contributions received from an employer
- contributions received from the individual into any account held by them with the same provider
- receipt of eligible spouse contributions
- receipt of super guarantee contributions from us
- receipt of payments from the super holding account (SHA) or unclaimed super monies (USM)
- receipt of government contribution (co-contribution and LISC)
- receipt of a rollover from another fund into the member's account
- a transfer under the successor fund transfer provisions.
Examples that aren't considered activity for the member include:
- receipt of investment earnings or distributions to the accounts due to investment returns and profitability
- a transfer occurring under an intra-fund transfer.
You must determine if you've received a contribution or rollover for the member within the last 12 months for the relevant reporting period end date (this date can only be either 30 June or 31 December for any given year). For example, if a member meets the 12-month inactivity test in March (after the 31 December reporting period end date, but before the reporting due date), they shouldn't be reported as lost uncontactable for this period.
You also shouldn't report the member as lost uncontactable if the account has met the 12-month inactivity test within the reporting period, but the member subsequently receives a contribution or rollover before you assess the status of your members for reporting purposes.
Uncontactable members and permanent exclusion
For uncontactable members, the only permanent exclusion test you need to consider is where the member requests to remain in the fund or RSA indefinitely. This permanent exclusion test also applies to inactive members.
If a member is lost and uncontactable or lost and inactive but has contacted you and indicated they wish to remain a member indefinitely, they are permanently excluded from being lost.
It's your responsibility to determine the manner of contact and proof of authorisation required from your member to meet this test.
Examples of contact by the member may include:
- the member calls you directly and informs they wish to continue to be a member
- the member proactively chooses a permanent exclusion option on your website
- the member writes a letter or email to you requesting to be permanently excluded from being lost
- the member responds to your SMS, confirming they would like to be permanently excluded from being lost
- the member ticks a box on a form, confirming they would like to be permanently excluded from being lost
- you contact the member about another matter and choose to discuss permanent exclusion and the member indicates their choice to remain a member.
We expect you to revisit your permanent exclusion of members from being considered lost after a reasonable amount of time. When considering what a reasonable amount of time is you should consider your member's individual circumstances and decide whether your action is appropriate.
Lost and uncontactable examples
When considering these examples, you should exercise reasonable effort to contact your member if they become lost for any reason. It's in the member's best interest to be aware of their account and for you to receive an indication of engagement which will ensure the member isn't lost.
Example 1: no contact or activity
You receive returned unclaimed mail (email or postal) for a member. You have not received a contribution or rollover within the last 12 months of their membership.
You believe, on reasonable grounds, that the member can no longer be contacted at any address known to you (email or postal). The member has not contacted you or engaged with you regarding their membership.
The member has not accessed their account via any electronic facility within the last 12 months.
The permanent exclusion criteria don't apply. This member is lost and uncontactable.
End of example
Example 2: address verified
You've received returned unclaimed mail (email or postal) for a member who hasn’t contributed or rolled over within the last 12 months of membership. You believe that the member can no longer be contacted at any known address (email or postal). They haven't made contact or engaged with you regarding their membership.
The member hasn't accessed their account via any electronic facility within in the last 12 months.
After receiving the returned mail, you made contact with the member or their authorised representative and confirmed their (new or existing) email or postal address.
The permanent exclusion criteria does not apply.
This member is not lost.
The member's address has been verified in the past 2 years.
End of example
Example 3: one account updated
The member has 2 accounts with you.
The account balances are substantial, and the member has been assigned a key client officer to support their membership.
The permanent exclusion criteria does not apply.
You've received returned unclaimed mail (email or postal) relating to the member for whom you've not received a contribution or rollover within the last 12 months of membership.
The member hasn't contacted you, and they haven't accessed their account via any electronic facility within the last 12 months.
On your records, one account has been updated with the member's most recent address, while their second account contains the member's old address from which mail was returned unclaimed.
The member is not lost.
The legislation refers to membership, and not each account.
End of example
Example 4: no SMS contact
You've not received a contribution or rollover for the member within the last 12 months of their membership.
You've attempted to send communications to their last known address (email or postal) but have been unsuccessful.
The permanent exclusion criteria does not apply.
They haven't engaged with you regarding their membership within the last 12 months.
You launch an SMS campaign asking members to reply 'Y' if their address is incorrect. This is an 'opt in' request (that is, 'if we don't hear from you, we'll assume your address is current'). The member doesn't respond.
The member is lost.
The member hasn't verified their address, as the absence of a response can't be used for address verification.
End of example
For more information, see Lost and inactive and Reasonable effort to contact the member.