When superannuation complaint cannot be made in relation to decision about the payment of death benefit
(1) A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision‑maker relating to the payment of a death benefit unless the person has an interest in the death benefit. (2) A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision‑maker relating to the payment of a death benefit if: (a) the decision‑maker gave the person notice: (i) that the decision‑maker proposed to make the decision; and (ii) that the person may object to the proposed decision within 28 days after being given notice; and the person did not, by notifying the decision‑maker, object to the proposed decision within 28 days after being given notice; and (b) the decision‑maker gave the person notice: (i) that the decision‑maker had made the decision; and (ii) that the person may make a complaint under the AFCA scheme relating to the decision within 28 days after being given notice; and the person does not make the complaint to AFCA within 28 days after being given notice. (3) If a person has not been given either of the notices referred to in subsection (2) relating to a decision by a death benefit decision‑maker relating to the payment of a death benefit, the person cannot make a superannuation complaint under the AFCA scheme relating to the decision unless AFCA is satisfied that: (a) the person has an interest in the death benefit; and (b) it was unreasonable for the person not to be given those notices from the decision‑maker.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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