Superannuation (Resolution of Complaints) (Acting Tribunal Chairperson) Appointment (No. 3) 2021

Overview

The Superannuation (Resolution of Complaints) (Acting Tribunal Chairperson) Appointment (No. 3) 2021 is a notifiable instrument enacted on 20 September 2021 by Jane Hume, the Minister for Superannuation, Financial Services and the Digital Economy, and Minister for Women’s Economic Security. This instrument was introduced to address the need for continuity in the leadership of the Superannuation Complaints Tribunal by appointing a new acting Chairperson for a specified period. It replaces a previous appointment, thereby ensuring a seamless transition in the management of complaints under the Superannuation (Resolution of Complaints) Act 1993. The policy objective of this appointment is to maintain the effective and timely resolution of complaints related to superannuation, thereby protecting the interests of superannuation consumers. This instrument was issued under the authority of subsection 54(1) of the Superannuation (Resolution of Complaints) Act 1993 and subparagraph 33A(1)(b)(i) of the Acts Interpretation Act 1901, reflecting the intent to fill a temporary vacancy in the role of the Tribunal Chairperson. The instrument appoints Lynn Kelly to act in this capacity on a part-time basis from the day after its registration up until 31 December 2021, with no remuneration attached to the role. The enactment of this instrument also involves the repeal of the previous Superannuation (Resolution of Complaints) (Acting Tribunal Chairperson) Appointment (No. 2) 2021, effective from the same date of registration. This ensures that there is no overlap or confusion in the administration of the Tribunal’s functions.

Scope and Application

The Superannuation (Resolution of Complaints) (Acting Tribunal Chairperson) Appointment (No. 3) 2021I applies specifically to the appointment of Lynn Kelly as the Acting Chairperson of the Superannuation Complaints Tribunal on a part-time basis. This appointment is effective from the day after the instrument is registered on the Federal Register of Legislation until 31 December 2021, and it is made under the authority vested in Jane Hume, the Minister for Superannuation, Financial Services and the Digital Economy, and Minister for Women’s Economic Security. This appointment is made pursuant to subsection 54(1) of the Superannuation (Resolution of Complaints) Act 1993 and subparagraph 33A(1)(b)(i) of the Acts Interpretation Act 1901. Notably, this instrument also repeals the previous Superannuation (Resolution of Complaints) (Acting Tribunal Chairperson) Appointment (No. 2) 2021 with effect from the same date as its registration. This legislation applies at the Commonwealth level and is relevant to entities and individuals involved in superannuation matters that may require adjudication by the Superannuation Complaints Tribunal.

Key Provisions

The primary operative sections of the Superannuation (Resolution of Complaints) (Acting Tribunal Chairperson) Appointment (No. 3) 2021 are found in the opening lines. Section 1 appoints Lynn Kelly as the Acting Chairperson of the Superannuation Complaints Tribunal on a part-time basis, effective from the day after the instrument is registered until 31 December 2021. It is explicitly stated that no remuneration is payable for this appointment. This appointment is made under subsection 54(1) of the Superannuation (Resolution of Complaints) Act 1993. Furthermore, Section 2 repeals the previous Superannuation (Resolution of Complaints) (Acting Tribunal Chairperson) Appointment (No. 2) 2021 instrument, ensuring that only the latest appointment remains in effect from the date of registration. The obligations and requirements imposed by this Act are straightforward. The appointee, Lynn Kelly, is expected to perform the duties of the Chairperson of the Superannuation Complaints Tribunal during the specified period. These duties likely include presiding over hearings, making decisions on complaints related to superannuation, and ensuring that the processes of the Tribunal are conducted fairly and efficiently. The part-time nature of the appointment implies that Kelly must manage her time effectively to meet the demands of the role while also attending to other professional or personal commitments. Importantly, there is no financial compensation for this acting role, emphasising that the position is one of public service. There are no explicit provisions in this Act detailing offences, penalties, or consequences for breach. The primary focus of the legislation is on the appointment and the repeal of the previous appointment, without delving into punitive measures for non-compliance. However, it is important to note that any failure to adhere to the responsibilities of the role could potentially lead to broader implications under the Superannuation (Resolution of Complaints) Act 1993 or other relevant legislation. These could include disciplinary actions, removal from the position, or legal proceedings depending on the severity and nature of the breach. While this particular instrument does not outline specific penalties, the overarching legal framework provides avenues for addressing non-compliance.