Superannuation (Resolution of Complaints) Delegations 2021
I, Lynn Kelly, acting Chairperson of the Superannuation Complaints Tribunal, make the following delegations and authorisations.
Dated 14 October 2021
Lynn Kelly
Acting Chairperson
Superannuation Complaints Tribunal
Contents
5 Delegations: all functions and powers under the Act to Tribunal Deputy Chairperson
6 Authorisations: freedom of information requests
7 Revocation of previous delegations and authorisations
This instrument is the Superannuation (Resolution of Complaints) Delegations 2021.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | Immediately after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the Superannuation (Resolution of Complaints) Act 1993.
Note: Expressions have the same meaning in this instrument as in the Superannuation (Resolution of Complaints) Act 1993 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
the Act means the Superannuation (Resolution of Complaints) Act 1993.
the Treasury means the Department of the Treasury.
5 Delegations: all functions and powers under the Act to Tribunal Deputy Chairperson
(1) Under subsection 7A(4) of the Act, the person holding, occupying or performing the duties of Tribunal Deputy Chairperson is delegated all the Tribunal Chairperson’s functions and powers under the Act.
Directions
(2) Under subsection 7A(5) of the Act, a delegate under subsection (1) is directed to, before exercising any function or power under the Act, to consult with an appropriate officer of the Treasury about the proposed exercise of the function or power.
6 Authorisations: freedom of information requests
Under subsection 23(1) of the Freedom of Information Act 1982, each person holding, occupying or performing the duties of Tribunal Deputy Chairperson, is authorised to make decisions under the Freedom of Information Act 1982 in respect of a request (within the meaning given by that Act) made to the Tribunal.
7 Revocation of previous delegations and authorisations
All previous delegations and authorisations under the Act, and the Freedom of Information Act 1982 as it relates to the Tribunal, are revoked.
Overview
The Superannuation (Resolution of Complaints) Delegations 2021 was enacted in 2021 to provide the framework for delegating the functions and powers of the Chairperson of the Superannuation Complaints Tribunal to the Deputy Chairperson, as well as authorising them to handle freedom of information requests. This instrument addresses the need for streamlined decision-making processes within the Superannuation Complaints Tribunal, ensuring that the Deputy Chairperson can effectively exercise the powers and functions of the Chairperson. Made under the authority of the Superannuation (Resolution of Complaints) Act 1993, the instrument was issued by Lynn Kelly, acting Chairperson of the Superannuation Complaints Tribunal, and it revokes all previous delegations and authorisations under both the Superannuation (Resolution of Complaints) Act 1993 and the Freedom of Information Act 1982 as they relate to the Tribunal.
Scope and Application
The Superannuation (Resolution of Complaints) Delegations 2021I, made by Lynn Kelly, the acting Chairperson of the Superannuation Complaints Tribunal, outlines the delegations and authorisations under the Superannuation (Resolution of Complaints) Act 1993. The instrument delegates all the functions and powers of the Tribunal Chairperson to the Tribunal Deputy Chairperson, as specified under subsection 7A(4) of the Act, and mandates that before exercising any function or power under the Act, the Deputy Chairperson must consult with an appropriate officer of the Treasury as per subsection 7A(5). Additionally, it authorises the Deputy Chairperson to make decisions regarding freedom of information requests made to the Tribunal under the Freedom of Information Act 1982, as outlined in subsection 23(1). The instrument revokes all previous delegations and authorisations under both the Superannuation (Resolution of Complaints) Act 1993 and the Freedom of Information Act 1982 as they pertain to the Tribunal.
Key Provisions
The Superannuation (Resolution of Complaints) Delegations 2021I outlines the delegations and authorisations made under the Superannuation (Resolution of Complaints) Act 1993. Specifically, section 5 of the instrument delegates all the functions and powers of the Tribunal Chairperson to the person holding, occupying, or performing the duties of the Tribunal Deputy Chairperson (subsection 7A(4) of the Act). This delegation is subject to a consultation requirement with an appropriate officer of the Treasury before exercising any such function or power (subsection 7A(5) of the Act). Section 6 authorises the Tribunal Deputy Chairperson to make decisions regarding Freedom of Information requests made to the Tribunal, in line with the Freedom of Information Act 1982. The instrument comes into effect immediately after its registration (section 2(1)), and it revokes all previous delegations and authorisations under the Act and the Freedom of Information Act 1982 as they relate to the Tribunal (section 7).
The Superannuation (Resolution of Complaints) Delegations 2021I imposes certain obligations on the parties involved. The person acting as the Tribunal Deputy Chairperson must consult with an appropriate officer of the Treasury before exercising any function or power under the Act (section 5(2)). This ensures that there is a level of oversight and coordination with the Department of the Treasury when making decisions that affect the resolution of superannuation complaints. Additionally, the authorisation to handle Freedom of Information requests places a responsibility on the Deputy Chairperson to ensure that such requests are processed in accordance with the Freedom of Information Act 1982 (section 6).
The instrument does not explicitly outline specific offences, penalties, or consequences for breaches. However, any failure to comply with the consultation requirement with the Treasury, or any improper handling of Freedom of Information requests, could potentially lead to legal actions under the Superannuation (Resolution of Complaints) Act 1993 or the Freedom of Information Act 1982. These actions could result in various penalties or sanctions, depending on the nature and severity of the breach. Additionally, the revocation of previous delegations and authorisations (section 7) ensures that only the current delegations and authorisations are in effect, thereby maintaining the integrity and clarity of the decision-making process under the Act.