Hi All,
Where the service provider to a superannuation fund trustee withholds information that results in the provider wielding a greater decision-making capability than that of which the trustee is aware, what regulations, if any, may be said to have been breached?
If the decision-making relates to the release of member information to third parties on an ill-defined or inconsistent basis, and if a misrepresentation is made to the trustee that allows this practice to continue, would said misrepresentation be dealt with under e.g. the SIS Act, Corps Act, Privacy Act, etc.?
These questions relate to a situation in which the trust deed allows for the delegation of the trustee's powers to a third party, and in which the third party withholds or misrepresents information that may otherwise have resulted in those powers being revoked.
Thanks in advance for any responses.
Where the service provider to a superannuation fund trustee withholds information that results in the provider wielding a greater decision-making capability than that of which the trustee is aware, what regulations, if any, may be said to have been breached?
If the decision-making relates to the release of member information to third parties on an ill-defined or inconsistent basis, and if a misrepresentation is made to the trustee that allows this practice to continue, would said misrepresentation be dealt with under e.g. the SIS Act, Corps Act, Privacy Act, etc.?
These questions relate to a situation in which the trust deed allows for the delegation of the trustee's powers to a third party, and in which the third party withholds or misrepresents information that may otherwise have resulted in those powers being revoked.
Thanks in advance for any responses.
