Superannuation (Resolution of Complaints) (Tribunal Members) Appointment (No. 2) 2021

Overview

The Superannuation (Resolution of Complaints) (Tribunal Members) Appointment (No. 2) 2021I was enacted on 3 November 2021 by Jane Hume, the Minister for Superannuation, Financial Services and the Digital Economy, and Minister for Women’s Economic Security. This notifiable instrument was introduced to address the need for the appointment of qualified individuals to the Superannuation Complaints Tribunal for a specific term. The appointments were made under subsection 7(3) of the Superannuation (Resolution of Complaints) Act 1993, ensuring that the tribunal has the necessary expertise and authority to resolve complaints related to superannuation effectively. The appointments of Paul Argent, Taylor Black, and Alexander Maevsky to the Superannuation Complaints Tribunal for the period from 5 November 2021 to 31 December 2021 aim to provide timely and fair resolutions to superannuation-related complaints.

Scope and Application

The Superannuation (Resolution of Complaints) (Tribunal Members) Appointment (No. 2) 2021 Instrument, issued under the authority of the Superannuation (Resolution of Complaints) Act 1993, pertains to the appointment of Paul Argent, Taylor Black, and Alexander Maevsky as members of the Superannuation Complaints Tribunal. This appointment is effective from 5 November 2021 to 31 December 2021. The Act applies to individuals and entities involved in the resolution of complaints related to superannuation, ensuring that there are qualified members available to oversee and adjudicate on these matters. The geographic reach of this legislation is national, applying across Australia, and it extends its application through the appointments made under the Act. There are no explicit exclusions, exemptions, or thresholds mentioned in the text of this particular instrument, although broader jurisdictional provisions may apply under the overarching Act.

Key Provisions

The Superannuation (Resolution of Complaints) (Tribunal Members) Appointment (No. 2) 2021I, under the authority of the Superannuation (Resolution of Complaints) Act 1993, appoints Paul Argent, Taylor Black, and Alexander Maevsky as members of the Superannuation Complaints Tribunal. This appointment is effective from 5 November 2021 and will remain in effect until 31 December 2021. The key sections of the Act that pertain to these appointments and the Tribunal's operations include sections 7 and 10, which respectively detail the appointment process and the Tribunal's functions. The appointed members of the Superannuation Complaints Tribunal have specific obligations under the Act. They are required to resolve complaints regarding superannuation funds and to do so impartially and efficiently. The Tribunal must ensure that all complaints are handled within the framework of the Superannuation (Resolution of Complaints) Act 1993 and any other relevant legislation. This includes adhering to the procedural fairness standards set out in the Administrative Decisions (Judicial Review) Act 1977 and any other applicable judicial review statutes. Failure to comply with the requirements of the Superannuation (Resolution of Complaints) Act 1993 can result in various consequences. Firstly, the Tribunal members are subject to the penalties and sanctions outlined in the Act. Any member found to be acting outside the scope of their authority or to be biased could face disciplinary action. Additionally, any breaches of the Act could result in civil or criminal proceedings. For instance, section 18 of the Act provides that a person who contravenes a provision of the Act may be liable to a penalty of up to $11,100 for a corporation and $2,220 for an individual. Furthermore, in cases where the Tribunal's decisions are challenged in court, and it is found that the Tribunal acted beyond its authority, this could lead to the Tribunal's decisions being quashed or set aside.