Superannuation

Superannuation Complaints

Superannuation Complaints

Depending on your circumstance, you may be in the unfortunate situation of having a dispute or issue with the decisions and conduct of those managing your superannuation fund (including approved deposit funds, deferred annuities and retirement savings account).

In such cases, you should first lodge a complaint with the fund itself. Based on the Superannuation Industry Supervision provisions, trustees are required to establish procedures for adequately dealing with any complaints or enquiries raised within 90 days.

Should you not receive a satisfactory response within that time, you can escalate your complaint to the Superannuation Complaints Tribunal (SCT).

Superannuation Complaints Tribunal

The Superannuation Complaints Tribunal is an independent Commonwealth Government establishment which deals with complaints about superannuation funds, deferred annuities and retirement savings accounts (RSA).

The Tribunal aims to deal with complaints in a fair manner by first conducting a conciliation conference which usually occurs after about three months of the complaint being lodged.

Conciliation allows for a resolution to be reached
Superannuation Complaints
which can be accepted by all parties without having a decision imposed upon them by the Tribunal.

Should this not be possible or productive, a formal review will then be conducted into the decisions or conduct identified by the complaint raised.

A complaint made will take at least 12 months before it can reach the review stage where a formal decision regarding the complaint will be made.

Should you still not be satisfied with the Tribunal's determination, you can then appeal the decision to the Federal Court.

The Tribunal is set up to be cost free for all parties involved. No application fees during the lodgment of a complaint or any costs incurred by the Tribunal will be charged to you.

The Tribunal is located at Level 15, 31 Queen St. in Melbourne's CBD. You can contact the Tribunal by phone at 1300 884 114.

Common Complaints

Complaints regarding the investment performance of a fund or general issues regarding fees and charges will not be considered by the Tribunal.

The following are some common issues raised by fund members which may be considered by the Tribunal.

  • Errors in your annual statement.
  • Delay in payments.
  • Miscalculation of payments.
  • Misrepresentation regarding the terms and conditions of a policy.
  • An employer hasn't made the required superannuation contribution. In this case, you should contact your employer and escalate this to the Australian Tax Office (ATO) if necessary.
  • Disputes over the rightful person to whom death benefits should be paid particularly where the parents of an adult child have separated and two or more families are involved.

 
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