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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 Guest

    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
    nis likes this.
  3. nis

    nis Well-Known Member

    14 February 2017
    Likes Received:
    hi sophea any chance you could advise on the following please
    not sure if you can help but i am just after some advice. i was paid out a tpd claim last February. The insurer originally declined my claim and my lawyer took it to court but it settled at a settlement conference in feb 2016. In april 2016 i injured my hand and was working as a cleaner in a supervisory role, i retrained. I ended up having surgery and now my hand is stuffed and i am suffering from crps1, have spent last 14 months doing rehab to no avail I recently lodged a tpd claim for this permanent injury with my new fund of which ive been a member since august 2014. My solicitorcalled me last week saying the insurer has sent back a letter inquiring about my previous tpd claim which mde me tpd for customer service and administrative roles hence why i worked as a cleaner. One of the insurance eligibility requirements is "a member cannot be eligible, applying for or have received a tpd payout from another fund" Is there any way around this? I feel like the fund isnt acting in my best interests with this clause and i had retrained to a different field and the 1st claim was actually lodged 10 years after i became ill. Any info would be greatly appreciated as i am quite concerned about my future and its quite distressing to think i am not eligible and I am unable to work thank you

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