Commonwealth Numbered Acts

SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993 No. 80, 1993 - SECT 14

14. (1) This section applies if the trustee of a fund has made a decision
(whether before or after the commencement of this Act) in relation to:

   (a)  a particular member or a particular former member of a regulated
        superannuation fund; or

   (b)  a particular beneficiary or a particular former beneficiary of an
        approved deposit fund.

(2) Subject to subsection (3) and section 15, a person may make a complaint
(other than an excluded complaint) to the Tribunal, that the decision:

   (a)  was in excess of the powers of the trustee; or

   (b)  was an improper exercise of the powers of the trustee; or

   (c)  is unfair or unreasonable.

(3) If a person has been given a written notice by the trustee of a fund
setting out:

   (a)  the trustee's decision in relation to the person's objection to the
        payment of a benefit; and

   (b)  the prescribed period within which the person must complain to the
        Tribunal about the decision; the person may only make a complaint to
        the Tribunal within that period.

(4) The Tribunal cannot deal with a complaint about a trustee's decision that
must be made within the prescribed period referred to in subsection (3) if the
complaint is not made within that period.

(5) The Tribunal cannot deal with a complaint to the extent that it relates to
excluded subject matter.

(6) The Tribunal cannot deal with a complaint that relates to the management
of a fund as a whole.

(7) A complaint under subsection (2) is to be made by sending or delivering a
written complaint to the office of the Tribunal.
Note: See section 3 for definitions of "complaint", "complainant", "excluded
complaint" and " excluded subject matter".