Confirmation that the SCT grants "Compensation"

Phillip Sweeney made this Freedom of Information request to Superannuation Complaints Tribunal

The request was successful.

From: Phillip Sweeney

Delivered

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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From: Priya Phillips
Superannuation Complaints Tribunal

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From: Eva Karakostas

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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