Misrepresenting the Tribunal’s Statutory Powers

Fraudulent Trustees will misrepresent the Statutory Powers of the Superannuation Complaints Tribunal to conceal the theft of moneys from Members.

Here is an extract of “advice” provide by one Trustee

The Trustee claims that the Tribunal can deal with complaints on the grounds that the Trustee’s decision was:

  • (i) in excess of the Trustee’s powers, or
  • (ii) was an improper use of the Trustee’s powers, or
  • (iii) was unfair or unreasonable.

However since 1995 only the third falls within the jurisdiction of the Tribunal.

This it is very easy to deceive Members when the Tribunal sends them a letter stating their complaint was “misconceived” when this just means that the complaint about a Breach of Trust (ie theft of money) falls outside of the jurisdiction of the Tribunal.

Furthermore Trustees have “Duties” and “Powers“.

Duties” are the things the Trustee must do such as pay a benefit strictly in accordance with the Trust Deed and Rules.

Powers” enable the Trustee to do things that are discretionary such as amending the Rules of the Fund provided certain requirements are met or deciding whether a Member has been sufficiently disabled to receive a total and permanent disablement benefit before the normal retirement age.

 

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