Commonwealth of Australia Explanatory Memoranda

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SUPERANNUATION LEGISLATION (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2010

                                   2008-2009-2010

       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

                         HOUSE OF REPRESENTATIVES

          SUPERANNUATION LEGISLATION (CONSEQUENTIAL

      AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2010



             SUPPLEMENTARY EXPLANATORY MEMORANDUM

               Amendments to be moved on behalf of the Government

        (Circulated by authority of the Minister for Finance and Deregulation,
                        The Honourable Lindsay Tanner MP)


Membership of Defence Force Case Assessment Committee
Amendments (1), (2) and (3) are concerned with the membership of the Defence
Force Case Assessment Committee. The purpose of the amendments is to better
protect the interests of members of the military schemes in light of the existing
military trustee boards - the Military Superannuation and Benefits Board and the
Defence Force Retirement and Death Benefits Authority (DFRDB Authority) -
being merged with the existing civilian trustee board to form a single trustee body
known as CSC (short for Commonwealth Superannuation Corporation).

The Defence Force Case Assessment Committee can be established by CSC to review
and reconsider decisions of CSC in relation to the Defence Forces Retirement Benefit
Scheme and the Defence Force Retirement and Death Benefits Scheme, which were
previously the responsibility of the DFRDB Authority.

The amendments provide for the Chair of the Defence Force Case Assessment
Committee to be one of the directors of the governing Board of CSC who was
originally nominated by the Chief of the Defence Force. As the Governance of
Australian Government Superannuation Schemes Bill 2010 provides for the Chief of
the Defence Force to nominate two directors, CSC will determine which of these
directors will be the Chair of the Defence Force Case Assessment Committee.

Reviewable decisions
Amendment (4) is concerned with reviewable decisions under the Papua New
Guinea (Staffing Assistance) Act 1973. The amendment expands the meaning of the
term "decision of CSC" to also include decisions under the regulations. This will
remove the need for a similar review framework as in the Act to be set up in the
regulations.