Labor Senators' Minority Report

Labor Senators' Minority Report

Labor makes the following observations about the legislation.

Choice of Superannuation Funds

This is a further set of amendments to the main choice of Funds Bill with only a little over a week to the start up date of July 1, 2005.

It is unsatisfactory that important amendments are being finalised so late.

The issues dealt with are not new and have been raised by interested parties in previous years.

Taken together with the yet to be finalised regulations for the provision of simplified product disclosure statements (PDS) for consumer disclosure – a critical safeguard – to allow the maximum informed choice by consumers the Government should have been far better prepared for what is, by anyone's description a radical change to the nature of superannuation.

Employers and employees deserve greater certainty.

Labor has long argued that the Liberal Government's Choice of Fund regime is too complicated and unsafe.

Employers are faced with a substantial new red tape burden. New form filling and record keeping, ongoing, payments to multiple funds – all new costs. Employers have only just become aware of this with the notification by the tax office. Significant penalties apply – 2 years in gaol and /or $22,000 fine for giving advice in breach of FSR.

For employees, it is an unsafe regime with insufficient protection and regulation particularly on aspects of fees, charges and commissions. Exit fees and trail commissions which are a financial barrier and fundamental conflict of interest are not regulated. The disclosure regulation PDS referred to earlier, a fundamental aspect of the Liberal Government's inadequate protection regime is not finalised and will not be prior to the July 1 start up date.

RECOMMENDATION

Accordingly Labor recommends that:

Superannuation Bill 2005 and Consequential Amendments.

Labor has two concerns about this legislation.

This update has been carried out given the PSS is to be closed from July 1, 2005, and is critical information needed for a full public debate particularly in the context of the related Future Fund.

RECOMMENDATION

Accordingly Labor recommends that:

Senator Ursula Stephens
Deputy Chair

Senator Ruth Webber