Determination of disputes
67 Determination of disputes
A dispute under this or any other Act concerning an STC scheme is to be determined by STC or an STC disputes committee, except as otherwise provided by the regulations.
Regulations made for the purposes of subsection (1) may require that a dispute concerning the entitlements or obligations of an employee or beneficiary arising in respect of service by the employee with an employer that—
was responsible for the payment of benefits under an STC scheme of which the employee was a member or to which the employee was a contributor, and
has ceased to be responsible for the payment of benefits under that scheme but is responsible for the payment of benefits under a new superannuation scheme created in accordance with section 125,
be determined, not by STC or an STC disputes committee, but by the trustee of the new superannuation scheme.
In determining a dispute, STC, an STC disputes committee or the relevant trustee may inform itself on any matter in such manner as it thinks fit and, in so doing, is not bound to observe rules of law relating to evidence.
A trustee acting in accordance with regulations referred to in subsection (2) and an STC disputes committee have and may exercise the powers conferred on STC by sections 66 and 68.
This section does not apply to a dispute in respect of which an application may be made to the District Court under section 21 of the Police Regulation (Superannuation) Act 1906.
Note.
The rights of a scheme member or other person to lodge a dispute with STC in relation to an STC scheme are set out in the Police Regulation (Superannuation) Act 1906, section 23E; the State Authorities Non-contributory Superannuation Act 1987, section 33B; the State Authorities Superannuation Act 1987, section 54B and the Superannuation Act 1916, section 85A.
This provision refers to the regulations (provided by the regulations
). Made under this Act:
- Superannuation Administration (Cbus Transitional Provisions) Regulation 2022
- Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997
- Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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