Superannuation (Resolution of Complaints) Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 318 1

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Superannuation (Resolution of Complaints) Regulations 2(Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation (Resolution of Complaints) Act 1993.

Dated 19 October 1995.

 P. R. SINCLAIR

 Administrator

By His Excellency’s Command,

PAUL ELLIOTT

Parliamentary Secretary to the Treasurer

for the

Treasurer

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1.   Commencement

1.1   These Regulations commence on 1 November 1995.

2.   Amendment

2.1   The Superannuation (Resolution of Complaints) Regulations are amended as set out in these Regulations.

3.   Interpretation

3.1   Insert the following definition:

“‘disability benefit’ means a benefit that is:

• (a)

  payable by the trustee of a regulated superannuation fund in the event of temporary or permanent cessation of employment because of a partially or totally disabling physical or mental condition; and

• (b)

  provided in accordance with subparagraph 62 (1) (b) (ii) of the Supervision Act;”.

4.   Regulation 4 (Excluded subject matter)

4.1   Omit the regulation, substitute:

Excluded complaints

“4.

(1) For the purposes of paragraph (b) of the definition of ‘excluded complaint’ in subsection 3 (2) of the Act, a decision of a trustee relating to the payment of a disability benefit because of total and permanent disability is a matter about which complaints may not be made under the Act if:

• (a)

  the decision was made before 1 November 1994; or

• (b)

  the decision was made on or after 1 November 1994 and no complaint has been made to the Tribunal within the period of 1 year after the making of the decision to which the complaint relates; or

• (c)

  both:

  • (i)

    before the making of the decision, the person permanently ceased particular employment (whether before or after commencement of this subregulation) because of the physical or mental condition that gave rise to the claim for disability benefit; and

  • (ii)

    the claim was not lodged, or is not lodged, with the trustee, within one year after the person permanently ceased that employment. 

“(2)

A reference in subregulation (1) to a decision of a trustee relating to a matter referred to in that subregulation is taken to be a reference to the original decision of the trustee in relation to that matter. 

“(3)

For the purposes of subregulation (2), 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 has been confirmed or varied, or another decision has been 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.”. 

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 October 1995.

2. Statutory Rules 1994 No. 56 as amended by 1994 No. 374; 1995 No. 77.