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NSW Superannuation Service Providers withhold Information from Trustee - Laws Breached?

Discussion in 'Superannuation Law Forum' started by Matt_v9, 5 August 2015.

  1. Matt_v9

    Matt_v9 Active Member

    5 August 2015
    Likes Received:
    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.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Not having a thorough understanding of your issue, I would tend to say its more of a privacy act issue. The Information Privacy Act includes a set of privacy principles that cover the collection, use, disclosure, storage, access to, and correction of, personal information.

    Organisations such as super providers to which these apply must have a privacy policy setting out their procedures for protecting your privacy - including when they will dislcose your information to third parties. If they have breached their own policies you can take it up with them or make a privacy compliant How do I make a privacy complaint?| Office of the Australian Information Commissioner - OAIC
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