Superannuation (Resolution of Complaints) Regulations (Amendment)

Overview

The Superannuation (Resolution of Complaints) Regulations (Amendment) 1994 No. 374 were enacted to address the issue of complaints that required the consideration of medical evidence within the framework of the Superannuation (Resolution of Complaints) Act 1993. The Act was introduced to provide a fair, economical, informal, and quick mechanism for conciliation and review of complaints made by members of regulated superannuation funds and approved deposit funds. The Superannuation Complaints Tribunal, established by the Act, was intended to handle these complaints effectively. However, the initial regulation excluding matters requiring medical evidence was disallowed by the Senate. The subsequent amendment allows the Tribunal to temporarily exclude such matters for six months to enable consultations on how best to manage these complaints. The regulation aims to balance the immediate need to exclude medical evidence considerations with the ultimate goal of efficiently handling such complaints. The regulation was issued by the authority of the Treasurer and will commence on gazettal.

Scope and Application

The Superannuation (Resolution of Complaints) Regulations (Amendment) 1994 No. 374, made under the Superannuation (Resolution of Complaints) Act 1993, modifies the existing regulations to temporarily exclude certain complaints from the purview of the Superannuation Complaints Tribunal. Specifically, for a period of six months after the regulations are gazetted, the Tribunal is barred from dealing with complaints that require the assessment or evaluation of medical evidence, reports, or opinions, or consideration of a person’s incapacity based on such evidence. This exclusion is intended to allow the Tribunal to avoid dealing with complex medical issues while the Government consults with relevant stakeholders to determine the most efficient way for the Tribunal to handle such complaints in the future. The amended regulation incorporates a "sunset" clause, meaning that after six months, the exclusion will no longer apply, and the Tribunal will be required to deal with all complaints, including those involving medical evidence. The regulations are applicable nationwide, reflecting their national jurisdictional reach.

Key Provisions

The Superannuation (Resolution of Complaints) Regulations (Amendment) 1994 No. 374 amends the existing Superannuation (Resolution of Complaints) Regulations by inserting a new Regulation 4 (Regulation 1) which temporarily excludes certain types of complaints from the jurisdiction of the Superannuation Complaints Tribunal. Specifically, Regulation 4(1) defines "excluded subject matter" as matters where the Tribunal would need to assess or evaluate medical evidence, reports, or opinions, or consider a person's incapacity based on medical evidence (Regulation 2). This exclusion is intended to prevent the Tribunal from dealing with complaints that require medical expertise, at least for a temporary period. Under these Regulations, the Superannuation Complaints Tribunal is required to refrain from dealing with complaints that involve the assessment or evaluation of medical evidence, reports, or opinions, or that require consideration of a person's incapacity based on medical evidence. This obligation is set out in Regulation 4(1). This means that, for a period of six months from the date of gazettal, the Tribunal will not be able to consider these types of complaints unless they also involve issues of procedural fairness or legal interpretation of the term 'disability' in a deed. This restriction is intended to allow the Tribunal to focus on other types of complaints while the government consults with relevant parties on how best to handle medical complaints. Breach of these Regulations could lead to legal consequences, although the specific offences, penalties, or consequences are not detailed in the explanatory statement. Given that these Regulations are made under the Superannuation (Resolution of Complaints) Act 1993, any breach could potentially lead to civil or criminal penalties as outlined in that Act. However, the exact nature of these penalties would depend on the specific breach and would need to be referred to the Act itself. The intent behind these Regulations is to provide a temporary solution while more effective mechanisms for handling medical complaints are developed, rather than to impose punitive measures for non-compliance.