Superannuation Legislation Amendment (MySuper Measures) Regulation 2013 (155 of 2013)

Schedule 2   Amendments relating to MySuper product dashboard and other measures

Corporations Regulations 2001

4   Regulation 7.9.48

Repeal the regulation, substitute:

7.9.48 Source of power for this Subdivision

This Subdivision is made for section 1017DA of the Act.

7.9.48A Definitions

In this Subdivision:

decision-maker means:

(a) the trustee of a regulated superannuation fund or approved deposit fund; or

(b) an RSA provider.

eligible person means any of the following:

(a) a beneficiary of a relevant entity;

(b) a former beneficiary of a relevant entity;

(c) the executor or administrator of the estate of a former beneficiary of a relevant entity;

(d) for a complaint that relates to the payment of a death benefit - a person who:

(i) has an interest in the death benefit; or

(ii) claims to be, or to be entitled to death benefits through, a person mentioned in subparagraph (i).

relevant entity means any of the following:

(a) a regulated superannuation fund;

(b) an approved deposit fund;

(c) an RSA.

7.9.48B Complaints - general

(1) This regulation applies to a decision-maker if:

(a) an eligible person makes a complaint; and

(b) the decision-maker makes a decision in relation to the complaint in accordance with the relevant entity’s internal dispute resolution mechanism.

(2) The decision-maker must, within 30 days of making the decision, inform the eligible person:

(a) of the date of the decision; and

(b) about the external dispute resolution system that covers complaints by eligible persons; and

(c) about how that system may be accessed.

Example: Information about the Superannuation Complaints Tribunal.

7.9.48C Complaints about benefits other than death benefits - decision made

(1) This regulation applies to a decision-maker if:

(a) an eligible person makes a complaint; and

(b) the complaint is not a complaint that relates to the payment of a death benefit; and

(c) the decision-maker makes a decision in relation to the complaint in accordance with the relevant entity’s internal dispute resolution mechanism.

(2) The decision-maker must, within 30 days of making the decision, inform the eligible person:

(a) that the eligible person may, in writing, request written reasons for the decision; and

(b) that the reasons mentioned in paragraph (a) must be given:

(i) within 28 days of the eligible person’s request under paragraph (a); or

(ii) if the Regulator gives the decision-maker an extension - within the extended period.

7.9.48D Complaints about benefits other than death benefits - no decision made

(1) This regulation applies to a decision-maker if:

(a) an eligible person makes a complaint; and

(b) the complaint is not a complaint that relates to the payment of a death benefit; and

(c) the decision-maker has not made a decision in relation to the complaint.

(2) The decision-maker must, within 45 days of the complaint, inform the eligible person:

(a) that if the decision is not made within 90 days of the complaint, the eligible person may, in writing, request written reasons for the failure to make the decision; and

(b) that the reasons mentioned in paragraph (a) must be given:

(i) within 28 days of the eligible person’s request under paragraph (a); or

(ii) if the Regulator gives the decision-maker an extension - within the extended period.


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