Notice of Disqualification – Robert M Jewell – 7 November 2025

Overview

The Superannuation Industry (Supervision) Act 1993 (SISA) was enacted by the Parliament of Australia to address the need for effective supervision of the superannuation industry, ensuring the protection of superannuation benefits and the maintenance of public confidence in the industry. This Act established the framework for the regulation of superannuation entities and the disqualification of individuals who fail to comply with its provisions. The policy objective is to prevent misconduct and ensure the integrity and efficiency of the superannuation system. The Act includes provisions for disqualifying individuals who contravene its requirements, with the disqualification being communicated through a formal notice, as illustrated in the document regarding Robert M Jewell. This disqualification restricts the individual from acting in certain capacities within the superannuation industry and can be enforced with significant penalties, including imprisonment. The Act also provides avenues for reconsideration and potential revocation of disqualification, ensuring procedural fairness.

Scope and Application

The Superannuation Industry (Supervision) Act 1993 (SISA) applies to individuals and entities involved in the administration of superannuation funds, including trustees, investment managers, custodians, and responsible officers of superannuation entities. This legislation is of national application and applies across Australia, including the Commonwealth, states, and territories. The Act aims to regulate the management and operation of superannuation funds to ensure they are run in the best interests of the members. The SISA includes provisions for disqualification of individuals who contravene its requirements, with disqualification notices published as Notifiable Instruments in the Federal Register of Legislation. Additionally, the Act specifies that it is an offence for a disqualified person to act in the roles mentioned above, with potential penalties including up to two years in jail. Disqualification can be revoked at the discretion of the Commissioner or upon application by the disqualified person. If affected by a disqualification decision, the individual has the right to request a reconsideration within 21 days of receiving the notice.

Key Provisions

The main operative sections of the Superannuation Industry (Supervision) Act 1993 (SISA) relevant to this notice of disqualification include subsection 126A(2) which allows for the disqualification of individuals from certain roles within the superannuation industry if they are found to have contravened the Act, and subsection 126A(6) which mandates that a notice of disqualification must be given to the individual concerned. The notice, as referenced in the document, is provided to Robert M Jewell by Ben Kelly, a delegate of the Commissioner of Taxation, informing Jewell that he has been disqualified under the SISA. The disqualification takes effect on the day the notice is issued. The SISA imposes several obligations on the parties it governs. It requires trustees, investment managers, custodians, responsible officers, and body corporates associated with superannuation entities to adhere to the Act's provisions. Non-compliance with these provisions can lead to disqualification as per subsection 126A(2). Furthermore, section 126K of the SISA mandates that a disqualified person cannot act in any capacity related to a superannuation entity without facing criminal penalties. This section ensures that disqualified individuals are barred from continuing their roles within the superannuation industry. Under the SISA, there are specific offences and penalties for breach. Section 126K states that it is an offence for a disqualified person who is aware of their disqualification to act as a trustee, investment manager, custodian, responsible officer, or be part of a body corporate that serves in these roles for a superannuation entity. The maximum penalty for this offence, as stated in the notice, is two years imprisonment. This stringent penalty is intended to deter individuals from continuing to operate within the superannuation industry despite being disqualified. The notice also outlines the process for potential revocation of the disqualification. As per subsection 126A(5) of the SISA, the disqualification can be revoked either by the authority on their own initiative or following a written application from the disqualified person. Additionally, section 344 of the SISA provides a mechanism for the affected party to request a reconsideration of the decision if they are dissatisfied with the outcome. This reconsideration request must be made in writing within 21 days of receiving notice of the disqualification decision and must detail the reasons for the dissatisfaction.