SCT clarifies jurisdiction

The Superannuation Complaints Tribunal (SCT) has sought to clarify the matters it is empowered to deal with via the publication of a brochure.

The brochure, details of which have been outlined in the SCT's latest bulletin, is intended to help complainants understand what is and is not within the tribunal's jurisdiction.

In explaining the content of the brochure, SCT acting chair, Jocelyn Furlan said that the tribunal could not provide a remedy where the complaint was about the impact of the design of a fund on a complainant.

"For example, some superannuation funds offer insurance to members on an ‘opt-out' basis which means that the fund does not require the member's authorisation to provide insurance and deduct insurance premiums from the member's account," she wrote in the bulletin.

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"Some complainants are of the belief that insurance should be ‘opt-in' rather than ‘opt-out' and have an expectation that the Tribunal will order a refund of insurance premiums deducted."

Furlan wrote that it was worth noting while the Tribunal had no jurisdiction to change the design of a fund, it could deal with complaints about the adequacy of the superannuation provider's disclosure about the insurance arrangements and premiums.

"This may include whether the amount of cover and the premiums that would be deducted from the account and the ability to ‘opt-out' of the cover were disclosed," she wrote.

However Furlan strongly noted that the Tribunal was expressly prohibited from providing any remedy that would be contrary to law or the superannuation provider's Trust Deed or any relevant insurance policy.