CONTENTS

31st Report Resolving Superannuation Complaints
Options for dispute resolution following the Federal Court decision in Wilkinson V CARE

CONTENTS

CHAPTER 1 - Background
History and functions of the Superannuation Complaints Tribunal
The Wilkinson v CARE decision
Senate reference
Background briefing paper
Conduct of the Forum

CHAPTER 2 - Government and Industry Briefing
Government
Industry


CHAPTER 3 - Forum Process
Framework of forum
Essential elements
Options


CHAPTER 4 - Interim Solution
Introduction
Effect of Federal Court ruling
Proposed interim solution
Implementation
Conclusion
Recommendation

CHAPTER 5 - Industry Complaints Body
Outline of the option
Existing models
Forum views
Enforcement and certainty
Funding
Evaluation
Conclusions


CHAPTER 6 - Reconstitute the SCT as Part of the Federal Court
Outline of the option
Precedent
Forum views
Evaluation
Conclusions


CHAPTER 7 - Amend the Complaints Act and Other Legislation
Outline of the option
Forum views
Evaluation
Conclusion

CHAPTER 8 -State Based Body
The option
Precedents
Forum views
Evaluation against criteria
Conclusions

CHAPTER 9 - Status of Matters Already Decided by the SCT
Introduction
Conclusion
Recommendation

CHAPTER 10 - Conclusions

APPENDIX A - List of Participants at Public Forum
Sydney, 28 April 1998

APPENDIX B - Background Briefing Paper Prepared by Andrew Fairley of IFS Fairley (copies can be obtained from the Secretariat)

APPENDIX C - List of Committee Reports