Cameron v Board of Trustees of the State Public Sector Superannuation Scheme

[2003] FCA 63

FEDERAL COURT OF AUSTRALIA

Cameron v Board of Trustees of the State Public Sector Superannuation Scheme [2003] FCA 63

SUPERANNUATION – nature and function of the Superannuation Complaints Tribunal – whether in determining whether the Board of Trustee’s decision was fair and reasonable, the Tribunal must form its own preliminary opinion about the extent of the applicant’s disability  –whether the Tribunal misdirected itself as to its function – whether reasons adequate

Superannuation (Resolution of Complaints) Act 1993 (Cth)
Superannuation (State Public Sector) Act 1990 (Qld)
Federal Court Rules O 53B r 3

National Mutual v Campbell (2000) 99 FCR 562 referred to
National Mutual Life Association of Australia Ltd v Jevtovic (Sundberg J, 8 May 1997, unreported)
Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 referred to

ANDREW PATRICK CAMERON v BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME

No V 1273 of 2001

SPENDER J
BRISBANE
14 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	V 1273 OF 2001

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN:	ANDREW PATRICK CAMERON APPLICANT
AND:	BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	14 FEBRUARY 2003
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent’s costs, to be taxed if not agreed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	V 1273 OF 2001

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN:	ANDREW PATRICK CAMERON APPLICANT
AND:	BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME RESPONDENT

JUDGE:	SPENDER J
DATE:	14 FEBRUARY 2003
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This is an appeal from a decision of the Superannuation Complaints Tribunal (“the Tribunal) made on 27 November 2001 whereby the Tribunal affirmed a decision made on 27 April 1999 by the respondent to reject a total and permanent disablement claim by Andrew Patrick Cameron (“the applicant”), and determined that that rejection was fair and reasonable in its operation to Mr Cameron.

2. Section 46(1) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (“the Act”) provides that a party to a complaint made to the Tribunal “may appeal to the Federal Court, on a question of law, from the determination of the Tribunal”.  Section 46(3) provides:

   “The Federal Court is to hear and determine the appeal and may make such order as it thinks appropriate.”

3. Section 14 of the Act provides that if a trustee of a fund has made a decision in relation to a particular member of a regulated superannuation fund, the person may make a complaint to the Tribunal that the decision is or was unfair or unreasonable.  The powers of the Tribunal concerning a complaint made under s 14 of the Act are prescribed by s 37 of the Act.  Section 37 provides:

   “(1)For the purpose of reviewing a decision of the trustee…