a director, officer or employee of AFCA; or

a person engaged as a consultant to, or to perform services for, AFCA for the purposes of the AFCA scheme.

the trustee of a regulated superannuation fund or approved deposit fund;

an insurer in relation to a superannuation complaint;

an RSA provider.

individual life policies covering each of those members; or

a single life policy covering all of those members.

(a) has the same meaning as in the Superannuation Industry (Supervision) Act 1993; and

(b) includes the scheme provided for by the Australian Defence Force Cover Act 2015; and

if, under the AFCA scheme, an exempt public sector superannuation scheme may elect to join the AFCA scheme, and such a superannuation scheme so elects—includes that superannuation scheme.

at the time of, or preliminary to, the entry into the policy, so that the policy as so entered into extends to a particular person; and

at the time of, or preliminary to, the variation of the policy, so that the policy as so varied affects a particular person.

must take into account the general considerations for an external dispute resolution scheme under section 1051A; and

may take into account any other matter the Minister considers relevant (whether or not those other matters are consistent with those general considerations).

must specify the day the authorisation, variation or revocation comes into force; and

may specify, vary or revoke conditions relating to the authorisation.

the organisational requirements under subsection (2); and

the operator requirements under subsection (3); and

the operational requirements under subsection (4); and

the compliance requirements under subsection (5).

the membership of the scheme is open to every entity that is required, under:

a law of the Commonwealth; or

an instrument made under such a law; or

the conditions of a licence or permission issued under such a law;

the operations of the scheme are financed through contributions made by members of the scheme; and

the scheme has an independent assessor; and

complainants are exempt from payment of any fee or charge, to the operator of the scheme or to any other entity, in relation to a complaint.

the operator of the scheme commissions the conducting of independent reviews of the scheme’s operations and procedures; and

the operator of the scheme is a company limited by guarantee; and

the operator’s constitution provides that the operator must not be operated for profit; and

the operator’s constitution provides that the number of directors of the operator who have experience in carrying on the kinds of businesses operated by members of the scheme must equal the number of directors who have experience in representing consumers; and

the operator’s constitution provides that the Chair of the board of the operator must be an independent person; and

the operator’s constitution provides that, within 6 months after the scheme is authorised under section 1050, the Minister:

may appoint an independent person as the Chair of the board of the operator; and

may appoint any director, if the total number of directors (including that director) whom the Minister has appointed, as mentioned in subparagraph (i) and this subparagraph, is less than half the total number of directors.

the complaints mechanism under the scheme is appropriately accessible to persons dissatisfied with members of the scheme; and

complaints against members of the scheme are resolved (including by making determinations relating to such complaints) in a way that is fair, efficient, timely and independent; and

appropriate expertise is available to deal with complaints; and

reasonable steps are taken to ensure compliance by members of the scheme with those determinations; and

under the scheme, determinations made by the operator of the scheme are:

binding on members of the scheme; but

not binding on complainants under the scheme; and

for superannuation complaints, there are no limits on:

the value of claims that may be made under the scheme; or

the value of remedies that may be determined under the scheme.

the operator of the scheme is to ensure that the following are complied with:

conditions of the authorisation of the scheme specified under paragraph 1050(5)(b);

regulatory requirements issued under section 1052A;

directions given under section 1052B, 1052BA or 1052C;

the requirements of section 1052E; and

material changes to the scheme are not to be made without the approval of ASIC under section 1052D.

the accessibility of the scheme;

the independence of the scheme;

the fairness of the scheme;

the accountability of the scheme;

the efficiency of the scheme;

the effectiveness of the scheme.

compliance with the mandatory requirements for the AFCA scheme under section 1051; or

any of the general considerations for the AFCA scheme under section 1051A.

the value of claims that may be made under the scheme; or

the value of remedies that AFCA may determine under the scheme;

ASIC must not give a direction under this section unless ASIC has given AFCA written notice of at least 1 month of ASIC’s intention to issue the direction; and

a direction under this section must not apply in relation to complaints AFCA received before ASIC gives the direction.

the mandatory requirements for the AFCA scheme under section 1051; or

a condition of the authorisation of the AFCA scheme imposed by the Minister under paragraph 1050(5)(b); or

regulatory requirements issued under section 1052A;

the specific measures that the direction will require AFCA to take to comply with the requirements or condition; and

the reasons for ASIC’s intention to give the direction.

AFCA does not take those specific measures; and

ASIC still considers that it is appropriate to give the direction to AFCA;

the mandatory requirements for the scheme under section 1051;

the general considerations for the scheme under section 1051A;

(c) any conditions imposed by the Minister on the authorisation of the scheme under paragraph 1050(5)(b);

any regulatory requirements issued under section 1052A.

a serious contravention of any law may have occurred; or

a contravention of the governing rules of a regulated superannuation fund or an approved deposit fund may have occurred; or

a breach of the terms and conditions relating to an annuity policy, a life policy or an RSA may have occurred; or

a party to the complaint may have refused or failed to give effect to a determination made by AFCA;

(a) the complaint relates to the scheme provided for by the Australian Defence Force Cover Act 2015; and

subsection (1) applies because AFCA becomes aware that:

a serious contravention of any law may have occurred; or

a party to the complaint may have refused or failed to give effect to a determination made by AFCA;

the parties to a complaint made under the AFCA scheme agree to a settlement of the complaint; and

AFCA thinks the settlement may require investigation;

that the trustee of a regulated superannuation fund or of an approved deposit fund has made a decision (whether before or after the commencement of this section) relating to:

a particular member or a particular former member of a regulated superannuation fund; or

a particular beneficiary or a particular former beneficiary of an approved deposit fund;

that a decision, by a trustee maintaining a life policy that covers a member of a life policy fund, to admit the member to the fund was unfair or unreasonable; or

that the conduct (including any act, omission or representation) of an insurer, or of a representative of an insurer, relating to the sale of an annuity policy was unfair or unreasonable; or

that a decision of an insurer under an annuity policy is or was unfair or unreasonable; or

that a decision of a superannuation provider to set out, in a statement to which subsection (2) applies, an amount or amounts in respect of a person was unfair or unreasonable; or

that the conduct (including any act, omission or representation) of an RSA provider, or of a representative of an RSA provider, relating to the opening of an RSA was unfair or unreasonable; or

that a decision of an RSA provider relating to a particular RSA holder or former RSA holder is or was unfair or unreasonable; or

that the conduct (including any act, omission or representation) of an insurer, or of a representative of an insurer, relating to the sale of insurance benefits in relation to a contract of insurance where the premiums are paid from an RSA, was unfair or unreasonable; or

that a decision of an insurer relating to a contract of insurance where the premiums are paid from an RSA is or was unfair or unreasonable; or

that a decision by a death benefit decision-maker relating to the payment of a death benefit is or was unfair or unreasonable.

(a) Superannuation Contributions Tax (Assessment and Collection) Act 1997; orsection 13 of the

(b) Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997; orsection 12 of the

(c) subsection 133-120(2) or 133-140(1) in Schedule 1 to the Taxation Administration Act 1953; or

section 390-5 or 390-20 in that Schedule.

a decision made by a trustee of a self-managed superannuation fund; or

conduct engaged in by an insurer, or by a representative of an insurer, relating to the sale of an annuity policy maintained, or to be maintained, by a trustee of a self-managed superannuation fund on behalf of its members; or

a decision made by an insurer, or by a representative of an insurer, under an annuity policy maintained by a trustee of a self-managed superannuation fund on behalf of its members;

the trustee, insurer, RSA provider or other decision-maker, or a person acting for the trustee, insurer, RSA provider or other decision-maker, makes, or fails to make, a decision; or

the trustee, insurer, RSA provider or other decision-maker, or a person acting for the trustee, insurer, RSA provider or other decision-maker, engages in any conduct, or fails to engage in any conduct, in relation to making a decision;

(a) a non-member spouse in relation to whom a splitting order under the Family Law Act 1975 has been made, from the day on which a copy of the order is served on the trustee of the fund;

(b) a non-member spouse who is a party to a superannuation agreement under the Family Law Act 1975, from the day on which a copy of the agreement is served on the trustee of the fund;

(c) a party to a marriage in relation to which an order of a kind referred to in Family Law Act 1975 has been made, if the order relates to an interest in the fund;Part VIIIAA of the

(d) an eligible person, Family Law Act 1975, in relation to an interest of the member or holder in the fund;within the meaning of section 90MZB of the

(e) a covered ADF member within the meaning of the Australian Defence Force Cover Act 2015.

a person who has applied to become a party to the complaint;

a trustee of a regulated superannuation fund or an approved deposit fund;

an insurer;

an RSA provider;

a superannuation provider;

a person whom AFCA decides is responsible for determining either or both of the existence and the extent of a disability (whether total and permanent or otherwise), if the subject matter of the complaint relates to a benefit in respect of the disability, whether under a contract of insurance or otherwise.

to give to AFCA, by writing, any such information; or

to produce to AFCA such documents or copies of such documents as are stated in the notice;

may take possession of, and may make copies of, or take extracts from, the documents; and

may keep the documents for as long as is necessary for the purpose of dealing with the complaint; and

must, while keeping the documents, permit a person who would be entitled to inspect any one or more of them (if the documents were not in the possession of AFCA) to inspect at all reasonable times such of the documents as that person would be so entitled to inspect.

each party to a superannuation complaint; and

any other person:

who, in AFCA’s opinion, is likely to be able to provide information relevant to the settlement of the complaint; or

whose presence at a conciliation conference would, in AFCA’s opinion, be likely to be conducive to settling the complaint;

give directions prohibiting or restricting the disclosure of documents or information relating to the complaint; and

give directions as to who may be present at any meeting held by AFCA relating to the complaint.

make the determination to which the question is relevant while the reference is pending; or

do anything that is inconsistent with the opinion of the Federal Court on the question.

made a decision to which the complaint relates; or

engaged in conduct (including any act, omission or representation) to which the complaint relates.

the decision, in its operation in relation to the complainant; or

the conduct;

the complainant; and

any other person joined under subsection 1056A(3) as a party to the complaint;

a decision (except a decision relating to the payment of a death benefit), in its operation in relation to the complainant; or

conduct;

the complainant; and

any other person joined under subsection 1056A(3) as a party to the complaint;

vary the decision;

set aside the decision and:

substitute a decision for the decision so set aside; or

remit the decision to the person who made it for reconsideration in accordance with any directions or recommendations of AFCA;

if the complainant was unfairly or unreasonably admitted into a life policy fund:

require a party to the complaint to repay all money, or particular money, received under the life policy to which the complaint relates; or

set aside the whole or part of the terms or conditions of the life policy in their application to the complainant; or

vary the governing rules of the life policy fund in their application to the complainant; or

cancel the complainant’s membership of the life policy fund or of any sub-plan of the fund;

if the complainant was unfairly or unreasonably sold an annuity policy, contract of insurance or RSA:

require a party to the complaint to repay all money, or particular money, received under the annuity policy, contract or RSA; or

set aside the whole or part of the terms or conditions of the annuity policy, contract or RSA in their application to the complainant; or

vary the terms or conditions of the annuity policy, contract or RSA in their application to the complainant.

law; or

subject to paragraph (6)(c), the governing rules of a regulated superannuation fund or an approved deposit fund to which the complaint relates; or

subject to paragraph (6)(d), the terms and conditions of an annuity policy, contract of insurance or RSA to which the complaint relates.

is, for all purposes (other than the making of a complaint about the decision) taken to be a decision of the other person; and

on the coming into operation of the determination by AFCA, unless AFCA otherwise orders, has effect, and is taken to have had effect, on and from the day on which the original decision has or had effect.

a superannuation complaint has been made concerning a disability benefit (whether under a contract of insurance or otherwise); and

a determination is made by AFCA that a person other than a member of the AFCA scheme is responsible for determining either or both of the existence and the extent of the disability; and

AFCA joins the person under subsection 1054(1) as a party to the complaint;

the decision-maker gave the person notice:

that the decision-maker proposed to make the decision; and

that the person may object to the proposed decision within 28 days after being given notice;

the decision-maker gave the person notice:

that the decision-maker had made the decision; and

that the person may make a complaint under the AFCA scheme relating to the decision within 28 days after being given notice;

the person has an interest in the death benefit; and

it was unreasonable for the person not to be given those notices from the decision-maker.

makes a decision relating to the payment of a death benefit; and

is notified by AFCA of a superannuation complaint made in accordance with section 1056 relating to the decision;

state that a complaint has been made to AFCA about the decision; and

set out the details of the complaint; and

state that the person may apply to be joined as a party to the complaint by giving notice to AFCA within 28 days after the person is given notice, or such longer period as AFCA allows.

the person applies in accordance with paragraph (2)(c) of this section; or

AFCA is satisfied that, in all the circumstances, the person should be joined as a party despite not so applying.

not later than the 28th day after the day on which a copy of the determination of AFCA is given to the person, or within such further period as the Federal Court (whether before or after the end of that day) allows; and

(b) in accordance with rules of court made under the Federal Court of Australia Act 1976.

an order affirming or setting aside the determination of AFCA; and

an order remitting the matter to be determined again by AFCA in accordance with the directions of the Court.

the determination or a part of the determination;

if the complaint relates to a decision of another person—the whole or part of the decision that is complained of, or of a decision of an insurer or other person who is a party to the complaint;

is subject to such conditions as are specified in the order; and

has effect until:

if a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or

if no period is so specified—the giving of a decision on the appeal.

AFCA must send to the Court all documents that were before AFCA in connection with the consideration of the matter to which the appeal relates; and

at the conclusion of the proceeding before the Court in relation to the appeal, the Court must return the documents to AFCA.

make a record of, or disclose to any person, court or investigating authority, any information acquired by the staff member under section 1054A or during a conference held under section 1054B in connection with a superannuation complaint; or

produce to any person, court or investigating authority a document so acquired; or

permit any person, court or investigating authority to have access to a document so acquired.

to ASIC; or

to APRA; or

to the Information Commissioner; or

to the Commissioner of Taxation; or

to a particular party to the complaint if the person who provided the information or document to the staff member consents in writing to the disclosure, production or access.

the disclosure is made in a way that does not enable the identification of the parties to a complaint; or

(b) the disclosure is made to a police officer (within the meaning of the Evidence Act 1995) because:

a threat has been made against an AFCA staff member or another person; or

the AFCA staff member believes that a party to a complaint may commit an act of self-harm.

(hba) decisions making, or forming part of the process of making, or leading up to the making of, determinations under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001);

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001), but not before the authorisation of the scheme comes into force; or

(b) under the Superannuation (Resolution of Complaints) Act 1993, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.

(aa) occurs when the person is satisfied that the disclosure of the information, or the production of the document, will assist the operator of the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001) to perform its functions or exercise its powers, and the disclosure or production is to that operator; or

(i) the operator of the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001); or

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001), but not before the authorisation of the scheme comes into force; or

(b) under Superannuation (Resolution of Complaints) Act 1993, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.section 15CA of the

(a) a determination of the Superannuation Complaints Tribunal under sections 37D to 37G of the Superannuation (Resolution of Complaints) Act 1993; or

(b) a determination made under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001);

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001), but not before the authorisation of the scheme comes into force; or

(b) under Superannuation (Resolution of Complaints) Act 1993, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act;section 15CA of the

a direction given under the AFCA scheme; or

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001), but not before the authorisation of the scheme comes into force; or

(b) under Superannuation (Resolution of Complaints) Act 1993, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.section 15CA of the

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001), but not before the authorisation of the scheme comes into force; or

(b) under Superannuation (Resolution of Complaints) Act 1993, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.section 15CA of the

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001), but not before the authorisation of the scheme comes into force; or

(b) under Superannuation (Resolution of Complaints) Act 1993, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.section 15CA of the

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001), but not before the authorisation of the scheme comes into force; or

(b) under Superannuation (Resolution of Complaints) Act 1993, but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.section 15CA of the

(a) must be a member of the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001); and

must be a member of the AFCA scheme; and

the day specified under subitem (2); or

(b) if no such day is specified—the day that is 12 months after the day on which the first authorisation of an external dispute resolution scheme, under Corporations Act 2001 as amended by Part 1 of this Schedule, comes into force.Part 7.10A of the

the day specified under subitem (2); or

(b) if no such day is specified—the day that is 12 months after the day (the Part 3 application day) on and after which the amendments made by Part 3 apply.

earlier than the Part 3 application day; or

later than 12 months after the Part 3 application day.

the day specified under subitem (2); or

(b) if no such day is specified—the day that is 12 months after the day (the Part 4 application day) on and after which the amendments made by Part 4 apply.

earlier than the Part 4 application day; or

later than 12 months after the Part 4 application day.

information given to ASIC under any of the following:

(i) subparagraph 912A(1)(g)(ii) or paragraph 1017G(1)(d) of the Corporations Act 2001;

(ii) paragraph 47(1)(ha) of the National Consumer Credit Protection Act 2009;

(iii) paragraph 47(1)(c) of the Retirement Savings Accounts Act 1997;

(iv) paragraph 101(1)(c) of the Superannuation Industry (Supervision) Act 1993; or

information derived from information of a kind referred to in paragraph (a).

if those financial services are provided to persons as retail clients:

have a dispute resolution system complying with subsection (2); and

give ASIC the information specified in any instrument under subsection (2A); and

particular financial products are, or have been, available for acquisition (whether by issue or sale) by a person or persons as retail clients; and

the issue or sale of those products is not covered by an Australian financial services licence;

have a dispute resolution system complying with subsection (2); and

give to ASIC the same information as the issuer or regulated person would be required to give under subparagraph 912A(1)(g)(ii) of that Act if the issuer or regulated person were a financial services licensee.

(ha) give to ASIC the same information it would be required to give under subparagraph 912A(1)(g)(ii) of the Corporations Act 2001 if it were a financial services licensee (within the meaning of Chapter 7 of that Act); and

(b) must have an internal dispute resolution procedure that complies with the standards, and requirements, mentioned in subparagraph 912A(2)(a)(i) of the Corporations Act 2001 in relation to financial services licensees; and

(c) must give to ASIC the same information as the RSA provider would be required to give under subparagraph 912A(1)(g)(ii) of the Corporations Act 2001 if the RSA provider were a financial services licensee; and

must ensure that written reasons are given, in accordance with requirements specified under subsection (2A) of this section, for any decision of the RSA provider (or failure by the RSA provider to make a decision) relating to a complaint.

the persons who must be given written reasons;

the matters that must be included in those reasons;

the times by which those reasons must be given;

the circumstances that constitute a failure to make a decision.

(b) must have an internal dispute resolution procedure that complies with the standards, and requirements, mentioned in subparagraph 912A(2)(a)(i) of the Corporations Act 2001 in relation to financial services licensees; and

(c) must give to ASIC the same information as the trustee would be required to give under subparagraph 912A(1)(g)(ii) of the Corporations Act 2001 if the trustee were a financial services licensee; and

must ensure that written reasons are given, in accordance with requirements specified under subsection (1B) of this section, for any decision of the trustee (or failure by the trustee to make a decision) relating to a complaint.

the persons who must be given written reasons;

the matters that must be included in those reasons;

the times by which those reasons must be given;

the circumstances that constitute a failure to make a decision.

the requirements of paragraphs 101(1)(c) to (e) of that Act as in force immediately before the commencement of this Part were the requirements specified under subsection 101(1B) of that Act as so amended; and

subsection 101(1A) of that Act as in force immediately before that commencement still had effect.

(c) Corporations Act 2001; orDivision 3 of Part 7.10A of the

(c) Corporations Act 2001; orDivision 3 of Part 7.10A of the

section 68A; and

a member of the Superannuation Complaints Tribunal;

(b) a member of the staff of the Australian Securities and Investments Commission who had been made available to the Superannuation Complaints Tribunal under Superannuation (Resolution of Complaints) Act 1993.section 62 of the

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.