Section 1056A — Corporations Act 2001 (Cth)

(1) If a death benefit decision‑maker:

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

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

the decision‑maker must, within 28 days after being so notified, give notice to each person (other than the complainant) whom the decision‑maker believes, after reasonable enquiry, may have an interest in the death benefit.

(2) A notice given to a person under subsection (1) must:

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

(b) set out the details of the complaint; and

(c) 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.

(3) A person (other than a person referred to in any of paragraphs 1054(1)(b) to (f)) may be joined as a party to the complaint under section 1054 only if:

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

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

Related sections

• s 1055C — Evidence of determination of superannuation complaint
• s 1055D — Compliance with determinations under the AFCA scheme
• s 1056 — When superannuation complaint cannot be made in relation to decision about the payment of death benefit
• s 1057 — Appeals to the Federal Court from determination of superannuation complaint
• s 1057A — Operation and implementation of determination that is subject to appeal
• s 1057B — Sending of documents to, and disclosure of documents by, the Federal Court

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