Confirmation that the SCT grants "Compensation"
Phillip Sweeney made this Freedom of Information request to Superannuation Complaints Tribunal
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Superannuation Complaints Tribunal,
A Court established under Chapter III of the Commonwealth of Australia Constitution Act can impugn the conduct of a trustee on many grounds however A Court cannot impugn a discretionary decision on the grounds that the decision was "unfair or unreasonable".
The Superannuation Complaints Tribunal established under Chapter II however has been provided with a statutory power to impugn the decisions of the trustees of regulated superannuation funds on these grounds.
Typical examples are how a death benefit should be allocated amongst dependants and whether a superannuation benefit should be released early on the grounds of total and permanent disability.
However these are not examples of the grant of "compensation".
Compensation is defined as:
"something, typically money, awarded to someone in recognition of loss, suffering, or injury".
The documents I seek are a copy of at least one document that would confirm that the SCT has made a grant of "compensation" during its history.
The names of the parties can be redacted.
Yours faithfully,
Phillip Sweeney
I am out of the office from 04/05/2017 05:00 PM until 30/05/2017 09:00 AM.
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Information request - Confirmation that the SCT grants
"Compensation"" sent on 10/05/2017 12:40:37 PM.
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Mr Sweeney
In Determination D13-14\121, the Tribunal accepts a claim for
compensation:
[1]http://www.sct.gov.au/dreamcms/app/webro...
The Determinations of the Tribunal are published on the website
[2]http://www.austlii.edu.au/.
You can perform a search of any terms through the SCT website:
[3]http://www.sct.gov.au/search-determinati....
Kind regards
Eva Karakostas
FOI Officer
Superannuation Complaints Tribunal
From: Phillip Sweeney
<[FOI #3476 email]>
To: FOI requests at SCT <[SCT request email]>,
Date: 10/05/2017 12:40 PM
Subject: Freedom of Information request - Confirmation that the SCT
grants "Compensation"
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Dear Superannuation Complaints Tribunal,
A Court established under Chapter III of the Commonwealth of Australia
Constitution Act can impugn the conduct of a trustee on many grounds
however A Court cannot impugn a discretionary decision on the grounds that
the decision was "unfair or unreasonable".
The Superannuation Complaints Tribunal established under Chapter II
however has been provided with a statutory power to impugn the decisions
of the trustees of regulated superannuation funds on these grounds.
Typical examples are how a death benefit should be allocated amongst
dependants and whether a superannuation benefit should be released early
on the grounds of total and permanent disability.
However these are not examples of the grant of "compensation".
Compensation is defined as:
"something, typically money, awarded to someone in recognition of loss,
suffering, or injury".
The documents I seek are a copy of at least one document that would
confirm that the SCT has made a grant of "compensation" during its
history.
The names of the parties can be redacted.
Yours faithfully,
Phillip Sweeney
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NOTICE
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.
References
Visible links
1. http://www.sct.gov.au/dreamcms/app/webro...
2. http://www.austlii.edu.au/
3. http://www.sct.gov.au/search-determinati...
4. https://www.righttoknow.org.au/change_re...
5. https://www.righttoknow.org.au/help/offi...