Decisions of delegates reversed by Delegates Reconsideration Review Committees

Enquirer made this Freedom of Information request to Commonwealth Superannuation Corporation

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Commonwealth Superannuation Corporation did not have the information requested.

Dear Commonwealth Superannuation Corporation,

In the public interest and with respect to the Senate Committee Inquiry, Enquirer would like to know:
(a) How many total complaints have been lodged for review of delegate's decisions under -
(i) The Defence Forces procedures prescribed by the Superannuation Act 1976 during the period; and
(ii) The APS Reconsideration Committee procedures pursuant to Division 3 of Part XA of section 153 of the Superannuation Act 1976 during the period.
(iii) How many reviews of CSC decisions have been made under Division 4 of Part XA of section 153 of the Superannuation Act 1976 during the period?
(b) How many decisions of delegates have been overturned by the CSC's Reconsideration Advisory Committees with respect to complaints lodged by Defence Forces personnel and public sector complainants from 2006 to the present time?
(c) How many reviews of CSC decisions have there been during the period?
(d) How many reviews of CSC decisions have been overturned upon review during this time?
(e) Of all these decisions, how many have been taken to the Superannuation Complaints Tribunal (SCT) under section 101 of the Superannuation Industry (Supervision) Act 1993?
(f) How many of these decisions have been taken to the SCT pursuant to Review by the APS Reconsideration Advisory Committee?
(i) What is the average time that CSC takes to investigate these complaints?
(ii) Where does CSC derive its power of investigation of complaints under the Superannuation Act 1976?
(g) How many "partnered" Defence Forces marital or partner relationships as prescribed under section 8A of the Superannuation Act have been upheld upon review?
(h) What is the average period of time in which review of delegates' decisions take from the making of the application to final determination of the complaint by CSC?
(i) What is the period of time taken for review of medical discharge applications during the period between 2006 and the present?
(j) What arrangements does CSC have in place for complainants who have been found to be entitled to receive pension benefits during the period of time taken for review of claims and final determination by the SCT and/or other Tribunals and/or Boards including court proceedings?
(k) During the period in question how much has CSC paid to Committee members of all various review committees by way of remuneration such as what is prescribed by section 153AG of the Superannuation Act 1976?
(l) Where arrears of pension entitlements have been found to be owing pursuant to a deceased member's superannuation policy how much has CSC retained through making arrears of pension payments as death benefit payments and retaining GST pursuant to section 32 of the Governance of Australian Government Superannuation Schemes?
(m) Is CSC bound by the provisions of section 101 of the Superannuation Industry (Supervision) Act 1993?
(n) Does CSC comply with the provisions of the Superannuation (Resolution of Complaints) Act 1993 in respect to sections 14(6D) (a) and (b) and also sections 37(3) and 37(4)?
(o) How does CSC place the complainants "as nearly as practicable to the position that the complainant was in... that the unfairness and or unreasonableness that the Tribunal has found when setting aside a decision of CSC" when a Tribunal finds that a complainant is owed "arrears" of superannuation entitlements?
(p) What provisions do CSC have for payment of arrears of pension payments other than by making payments in arrears as a death benefit payment?

The request is required for submissions to the current Senate Committee Inquiry.

Yours faithfully,

Enquirer

Secretary CSC,



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CSC: AFSL 238069 ABN 48 882 817 243 RSE L0001397
ADF Super : RSE R1077063
CSS: RSE R1004649
MSBS: RSE R1000306
PSS: RSE R1004595
PSSap: RSE R1004601

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References

Visible links
1. https://css.gov.au/contact-us/
2. https://www.militarysuper.gov.au/contact...
3. https://pss.gov.au/contact-us/
4. https://pssap.gov.au/contact-us/
5. http://dfrdb.gov.au/contact-us/
6. http://www.adfsuper.gov.au/
7. http://adfsuper.gov.au/adf-cover/
8. https://eac.csc.gov.au/contact-us/
9. mailto:[email address]

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FOI, Commonwealth Superannuation Corporation

1 Attachment

UNCLASSIFIED

Good morning,

 

Thank you for your email enquiry dated  23 September 2016.

 

Find attached our response.

 

Best regards,

 

Adam Ivancic

Administrator
Governance & Policy

Commonwealth Superannuation Corporation (CSC)

 

Phone: (02) 6272 9000

 

GPO Box 2252, Canberra ACT 2601

[1]www.csc.gov.au

 

UNCLASSIFIED

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SECURITY WARNING

This electronic communication (including any attached files) may contain
confidential and/or legally privileged information and is intended only
for the use of the person to whom it is addressed. If you are not the
intended recipient, you do not have permission to read, use, disseminate,
distribute, copy or retain any part of this communication or its
attachments in any form. If this e-mail was sent to you by mistake, please
take the time to notify the sender so that they can identify the problem
and avoid any more mistakes in sending the email to you. The unauthorised
use of information contained in this communication or its attachments may
result in legal action against any person who uses it.

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CSC: AFSL 238069 ABN 48 882 817 243 RSE L0001397

ADF Super: RSE R1077063

CSS: RSE R1004649

MSBS: RSE R1000306

PSS: RSE R1004595

PSSap: RSE R1004601

References

Visible links
1. http://www.csc.gov.au/

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Henare Degan left an annotation ()

The requester let us know they included the results of this request in a submission to the Senate Inquiry into suicide by veterans and ex-service personnel: http://www.aph.gov.au/sitecore/content/H...

You can read the submission here: http://www.aph.gov.au/DocumentStore.ashx...

And see this request as Attachment 1 to the submission: http://www.aph.gov.au/DocumentStore.ashx...

(Posted with their permission).

Henare
Right To Know administrator