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NSW Superannuation and New Account to Australian Super - Breach of Privacy?

Discussion in 'Superannuation Law Forum' started by Lindsay, 5 August 2015.

  1. Lindsay

    Lindsay Member

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    My previous employer moved our superannuation fund to Australian Super and an account was created for me with Australian Super. When I changed jobs, I rolled all my superannuation from Australian Super into my new employer's fund. My old account was closed.

    18 months later, my previous employer provided additional funds to Australian Super, to distribute to members of the original fund. Without consultation, they opened an account in my name, moved the funds into it and sent me a letter informing this had been done.

    It will cost me $30 to roll the money into my current fund and they're taking a periodical management fee out.
    Are they entitled to use my money in this way, without warning or consultation? Should I be liable for the charges and fees, given they don't have my consent?

    Is opening a new account in my name, with my personal, confidential information and without my consent, a breach of the Privacy Act?

    Thanks in advance.
     
  2. John R

    John R Well-Known Member

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    Hi @Lindsay,
    1. Why were you receiving super 18 months after you'd left your former employment? Were you underpaid at the time or another issue?
    2. Based on the information provided, unlikely to be a breach of the Privacy Act 1988 (Cth) because you previously had provided your personal information to your former employer for the purpose of them making superannuation contributions to you.
    3. Have you contacted your former employer or Australian Super to discuss the circumstances and attempt to reach a resolution about fees?
     
  3. Lindsay

    Lindsay Member

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    Hi John,
    Thanks for the reply. In answer to your questions:
    1. I assume a stuff up by my former employer when they transferred the fund to Australian Super. I haven't followed that up as I considered it mute.
    2. That makes sense. My concern was with Australian Super using my PI to open a new account without my permission. I believe the act does reference the manner in which PI is used, once obtained.
    3. Since posting, I've raised a formal complaint to Australian Super. Apparently, most others in my circumstances did, as well. They rang me a few days ago to apologise (but admit no culpability) and offered to waive the $30 rollover fee and refund the management fees...so all good in the end.

    Their dance around the PI question was amusing. He asked me if they'd used my phone number to ring me, wouldn't that be the same situation as creating a new account with my PI? My response was that if they'd done that in the first place, this would never have happened!! :rolleyes:
     

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