Superannuation (Resolution of Complaints) (Acting Tribunal Deputy Chairperson) Appointment (No. 2) 2021

Overview

The Superannuation (Resolution of Complaints) (Acting Tribunal Deputy Chairperson) Appointment (No. 2) 2021 instrument, issued by Jane Hume, Minister for Superannuation, Financial Services and the Digital Economy and Minister for Women's Economic Security, appoints Sarah Edmondson to act as Deputy Tribunal Chairperson of the Superannuation Complaints Tribunal on a part-time basis from 1 July 2021 to 31 December 2021. This notifiable instrument was enacted to address the need for an acting Deputy Tribunal Chairperson to assist in the resolution of complaints related to superannuation matters, as authorised under subsection 54(1A) of the Superannuation (Resolution of Complaints) Act 1993 and subparagraph 33A(1)(b)(i) of the Acts Interpretation Act 1901. The appointment is made without remuneration, ensuring that the function of the Superannuation Complaints Tribunal is effectively maintained during the specified period.

Scope and Application

The Superannuation (Resolution of Complaints) (Acting Tribunal Deputy Chairperson) Appointment (No. 2) 2021 applies to the appointment of Sarah Edmondson as the Deputy Tribunal Chairperson of the Superannuation Complaints Tribunal for a specified period. This appointment is made under the authority of the Superannuation (Resolution of Complaints) Act 1993 and the Acts Interpretation Act 1901, reflecting its jurisdictional reach within the Commonwealth of Australia. The Act ensures that the person appointed has the necessary qualifications and experience to perform the duties of the Deputy Tribunal Chairperson effectively, contributing to the resolution of complaints related to superannuation. Notably, the Act specifies that no remuneration is payable for this part-time appointment, which lasts from 1 July 2021 to 31 December 2021. This appointment is integral to the functioning of the Superannuation Complaints Tribunal and supports the broader objectives of the Superannuation (Resolution of Complaints) Act 1993, which is designed to facilitate the resolution of complaints concerning superannuation.

Key Provisions

The primary operative section of this notifiable instrument (F2021N00141) is the appointment of Sarah Edmondson as the Acting Deputy Chairperson of the Superannuation Complaints Tribunal. Section 1 of the instrument appoints Sarah Edmondson to this role under subsection 54(1A) of the Superannuation (Resolution of Complaints) Act 1993 and subparagraph 33A(1)(b)(i) of the Acts Interpretation Act 1901. This appointment is effective from 1 July 2021 to 31 December 2021 on a part-time basis, and no remuneration is payable for this role. The appointment aims to ensure that the Tribunal has the necessary personnel to handle complaints related to superannuation effectively during this period. The Act imposes several obligations on Sarah Edmondson as the Acting Deputy Chairperson. Firstly, she must perform her duties in accordance with the Superannuation (Resolution of Complaints) Act 1993 and any other relevant legislation. This includes participating in the resolution of complaints related to superannuation matters, attending Tribunal meetings, and making decisions in line with the Act's provisions. Additionally, she must act with integrity, impartiality, and in the public interest, ensuring that all decisions are fair and based on the evidence presented. Failure to comply with the obligations outlined in the Act can result in both civil and criminal consequences. While the instrument does not specify detailed civil penalties, breaches of the Act may lead to actions under the Superannuation Industry (Supervision) Act 1993, which could include fines or other civil remedies. In terms of criminal consequences, serious breaches might be subject to prosecution under the criminal law, potentially leading to imprisonment or fines. The exact penalties would depend on the nature and severity of the breach, but the instrument highlights the seriousness of ensuring compliance with the Act. The instrument also notes that no remuneration is payable for this appointment, which means that Sarah Edmondson will not receive any salary or compensation for her role as Acting Deputy Chairperson. This condition underscores the voluntary nature of her service to the Tribunal during this period. Additionally, by appointing Sarah Edmondson under specific subsections of the Acts Interpretation Act 1901, the instrument ensures that the appointment process adheres to the legal framework governing such appointments, thereby maintaining the integrity and formality of the process.