Answer by Neha Sharma, Hillsdale 2036 NSW

• If you have a dispute with the super fund it is very important to contact a lawyer to get advice specific to your situation.
• In Australia all regulated superannuation funds are legally required to have an internal dispute resolution framework to handle complaints and enquiries. The dispute resolution procedures are detailed in the product disclosure statement.
• Under section 101 of the Superannuation Industry (Supervision) Act (Cth) a member or a beneficiary who is unhappy with a decision made or the conduct of representatives of the super fund may submit a written complaint to the fund.
  • In the written complaint you will typically include details such as:
    • your member details;
    • details of the offending conduct or decision;
    • reasons for your complaint; and
    • documents as evidence. In your case this will include medical reports.

• A lawyer will be able to discuss your particular matter with you and guide you on what you may be required to produce as evidence in support of your claim.
• If your claim is not resolved within 90 days you can initiate external dispute resolution procedures.
• In Australia an external committee, the Superannuation Complaints Tribunal (SCT), is set up to hear and decide on certain disputes related to superannuation.
  • The SCT cannot consider certain types of complaints such as those:
    • against the whole fund’s management practices;
    • against non-regulated super funds and public sector funds;
    • that haven’t gone through the internal dispute resolution procedure;
    • against Self-Managed Super Funds;
    • in court; or
    • that lack substance and evidence;
• As a general rule complaints to the tribunal must be made within 12 months of the offending conduct.
• For claims relating to disability benefits under a total and permanent disability insurance policy within the super fund the complaint to the tribunal must be made within two years of the fund’s decision to reject the claim.
• The SCT has the power to order a conciliation meeting between the parties to the dispute and if the conciliation fails to result in a resolution the tribunal conducts a review meeting to consider the matter.
• The procedure is similar to a court proceeding and usually the parties have legal representation. It is important to note however that complainants are not entitled to legal representation unless so determined by the tribunal. This means that you will need to request leave to have legal representation and you will need to pay your lawyers’ fees even if you are successful.
• A tribunal’s decision can only be challenged on a question of law and all appeals are made in the Federal Court.
• For more information you can call the SCT on 1300 884 114 or see the following website http://www.sct.gov.au.

• Other dispute resolution options include:
  • the financial ombudsman service for complaints related to life insurance polices that include disability insurance benefits under a superannuation fund; and
  • the court for situations where civil action is the only option available to members or beneficiaries. In NSW the Supreme Court has jurisdiction to hear superannuation fund disputes.

• You should always contact a lawyer before initiating any legal action. Please bear in mind that civil court actions are subject to a time limit of six years from the date of the offending conduct.