Superannuation Complaints Tribunal — Appointment of Acting Tribunal Deputy Chairperson

Overview

The Superannuation (Resolution of Complaints) Act 1993, enacted to establish a system for resolving complaints about superannuation funds, has been supplemented by a notifiable instrument (F2020N00159) to address the need for temporary leadership within the Superannuation Complaints Tribunal. This instrument, issued by Jane Hume, Assistant Minister for Superannuation, Financial Services and Financial Technology, appoints Elizabeth Lee as the acting Tribunal Deputy Chairperson of the Superannuation Complaints Tribunal for a period of three months starting from 1 January 2021. The appointment is made under the authority granted by subsection 54(1A) of the Act, and the terms and conditions, as outlined under subparagraph 33A(1)(b)(i) of the Acts Interpretation Act 1901, include that the role is part-time and does not carry remuneration. This measure ensures continuity and effective administration of the Tribunal during a period of transition or in the absence of a substantive appointment.

Scope and Application

The appointment of Elizabeth Lee as the acting Tribunal Deputy Chairperson of the Superannuation Complaints Tribunal under the Superannuation (Resolution of Complaints) Act 1993 is a specific application of this federal legislation. This Act applies to the operation of the Superannuation Complaints Tribunal, which is responsible for resolving complaints about the administration of superannuation funds. The Act is a Commonwealth statute, thereby having jurisdiction across Australia, and it applies to entities and individuals involved in the superannuation industry, including trustees, financial advisers, and superannuation funds. This particular appointment is on a part-time basis for a period of three months, commencing on 1 January 2021, and it is made under the authority granted by the Acts Interpretation Act 1901, which allows for the appointment of acting officers. Notably, the terms of this appointment stipulate that no remuneration is payable for the role. This legislative instrument illustrates the mechanism through which the Superannuation Complaints Tribunal can ensure continuity in its operations, even in the absence of a permanent Deputy Chairperson.

Key Provisions

The Superannuation Complaints Tribunal — Appointment of Acting Tribunal Deputy Chairperson under the Superannuation (Resolution of Complaints) Act 1993, details the temporary appointment of Elizabeth Lee as Acting Tribunal Deputy Chairperson for a period of three months, starting from 1 January 2021 (section 54(1A)). The terms and conditions of this appointment, as determined under subparagraph 33A(1)(b)(i) of the Acts Interpretation Act 1901, specify that the role is part-time and that no remuneration is payable for the position (section 33A(1)(b)(i)). This means Elizabeth Lee will be responsible for assisting the Chairperson in the resolution of complaints related to superannuation matters, but will not be receiving any form of payment for her services during this period. The obligations imposed by this Act on Elizabeth Lee, as the Acting Tribunal Deputy Chairperson, include fulfilling her duties in accordance with the Superannuation (Resolution of Complaints) Act 1993 and any relevant guidelines or instructions provided by the Chairperson of the Tribunal. She is expected to act impartially and in the best interest of the parties involved in the complaints process. Furthermore, she must maintain confidentiality regarding any information obtained during her role, and ensure that all decisions and actions taken are in line with the principles of natural justice. Failure to comply with the terms and conditions of this appointment, or any breach of the duties and obligations outlined in the Superannuation (Resolution of Complaints) Act 1993, may result in civil or criminal consequences. However, the specific consequences for breach are not explicitly stated in the legislation. It is important to note that any breaches of the Act may also result in disciplinary action against Elizabeth Lee, such as termination of her appointment or potential legal action. In addition, any breaches of the confidentiality obligations may lead to personal liability for damages.