Superannuation (Resolution of Complaints) Regulations (Amendment) 1995 No. 77
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 77
Issued by the Authority of the Treasurer
Superannuation (Resolution of Complaints) Act 1993
Superannuation (Resolution of Complaints) Regulations (Amendment)
The Superannuation (Resolution of Complaints) Act 1993 (the Act) established, with effect from 1 July 1994, the Superannuation Complaints Tribunal. The Tribunal has the objectives of providing a fair, economical, informal and quick mechanism for:
• the conciliation of complaints made by members of regulated superannuation funds and approved deposit funds; and
• if conciliation is not successful at resolving the complaint - the review of the fund trustee decisions to which the complaint relates.
Section 68 of the Act provides that the Governor-General may make Regulations for the purposes of the Act.
This regulation excludes (until 31 October 1995) matters which require the consideration of medical evidence from the jurisdiction of the Tribunal.
The regulation is described in detail in the attachment.
The regulation commenced on gazettal.
ATTACHMENT
Superannuation (Resolution of Complaints) Regulations (Amendment)
BACKGROUND
The Superannuation Complaints Tribunal (SCT) cannot deal with a complaint to the extent that it relates to 'excluded subject matter'.
On 1 November 1994 Regulation 4 of the Superannuation (Resolution of Complaints) Regulations was gazetted. The regulation prescribed medical evidence as 'excluded subject matter' and thereby excluded, in effect, complaints involving the assessment of medical evidence from the SCT's jurisdiction.
However, a 'sunset' clause included in Regulation 4 will cause it to cease to have effect six months after gazettal (that is, from 1 May 1995). The purpose of the sunset' clause was to give the Government a six month period to consult widely on how 'medical evidence' complaints could be handled most efficiently, and how they should be paid for.
The amendment to Regulation 4 extends the exclusion of complaints requiring the assessment of medical evidence from the SCT's jurisdiction for a further six month period, that is, to 1 November 1995.
The effect of the regulation, therefore, is that until 1 November 1995, the Tribunal will not be required to deal with complaints to the extent that they require assessment of medical evidence. On 1 November the Tribunal will be required to fully deal with such complaints. This extension will give the Government more time to address certain administrative and technical problems with SCT handling of 'medical evidence' complaints which have been identified in consultations on this matter. The resolution of these administrative and technical problems may require amendments to the Superannuation (Resolution of Complaints) Act 1993.
Regulation 1 - Amendment
Regulation 1 provides that the Superannuation (Resolution of Complaints) Regulations (the Principal Regulations) are amended as set out in these Regulations.
Regulation 2 - Excluded subject matter
Regulation 2 amends Regulation 4 of the Principal Regulations.
Sub-regulation 4(1) provides, for the purposes of the definition of 'excluded subject matter' in section 3 of the Act, that excluded subject matter is matter in relation to which the Tribunal would, in dealing with the matter, have to undertake the assessment or evaluation of medical evidence, reports of opinions, or consider, having regard to medical evidence, opinion or reports, the question of a person's incapacity. This exclusion also applies to situations where the Tribunal would be likely to have to perform a function mentioned above.
Amended sub-regulation 4(2) provides that Regulation 4 will cease to have effect on 31 October 1995.
Overview
The Superannuation (Resolution of Complaints) Regulations (Amendment) 1995 No. 77 was enacted to address the need for a more efficient and effective handling of complaints involving medical evidence within the superannuation industry. The Superannuation (Resolution of Complaints) Act 1993 established the Superannuation Complaints Tribunal to provide a fair and economical mechanism for resolving complaints related to superannuation funds. However, an initial regulation excluded complaints involving medical evidence from the Tribunal's jurisdiction until 31 October 1995, providing the government with a period to consult on handling such complaints. The amendment extended this exclusion until 1 November 1995, allowing additional time to resolve administrative and technical issues, potentially leading to further amendments to the Act. The regulations were issued by the authority of the Treasurer and aim to streamline the resolution process for superannuation complaints.
Scope and Application
The Superannuation (Resolution of Complaints) Regulations (Amendment) 1995 No. 77 pertains to the regulation of complaints concerning superannuation funds under the Superannuation (Resolution of Complaints) Act 1993. The Act applies to complaints from members of regulated superannuation funds and approved deposit funds, providing a mechanism for conciliation and review of fund trustee decisions. The Superannuation Complaints Tribunal, established by the Act, aims to resolve complaints fairly, economically, informally, and swiftly. This regulation specifically extends the exclusion of complaints requiring the assessment of medical evidence from the jurisdiction of the Tribunal until 31 October 1995, providing additional time for the government to address administrative and technical challenges associated with such complaints. The geographic reach of the Act and the Regulations is national, as it applies across Australia. The amendment does not specify any exemptions or thresholds beyond the exclusion of medical evidence-related complaints, and it extends the application of the Act through subordinate instruments, namely the regulations themselves.
Key Provisions
The Superannuation (Resolution of Complaints) Regulations (Amendment) 1995 No. 77, as referenced in section 68 of the Superannuation (Resolution of Complaints) Act 1993, amend the original regulations to extend the exclusion of certain types of complaints from the jurisdiction of the Superannuation Complaints Tribunal (SCT) until 31 October 1995. Regulation 2 specifically modifies Regulation 4 of the Principal Regulations, which previously defined 'excluded subject matter' as any matter involving the assessment or evaluation of medical evidence, opinions, or reports concerning a person's incapacity. The amendment serves to maintain the exclusion of such complaints for an additional six months, providing the government more time to address administrative and technical issues identified during consultations about the handling of these complaints.
The obligations imposed by these regulations are primarily on the SCT to refrain from dealing with complaints that involve the assessment of medical evidence until 1 November 1995. This obligation is designed to allow the government time to explore efficient ways to handle these types of complaints, potentially including legislative amendments to the Act. Parties involved, including fund trustees and superannuation fund members, are required to comply with these regulations by ensuring that complaints not involving medical evidence are submitted to the SCT within the stipulated timeframe.
There are no specific offences, penalties, or consequences outlined in these regulations for non-compliance. However, any failure to adhere to the amended regulations could lead to legal challenges or disputes over the jurisdiction of the SCT in handling certain complaints. This may result in delays or complications in resolving complaints that fall under the excluded subject matter until the regulations are properly amended or the SCT is equipped to handle such complaints.