Run the internal dispute resolution timetable for a fund complaint
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the complaint and the register, record the date it was received, the channel, the issues the complainant stated, and whether the fund has classified it as a death benefit distribution. If it is not a death benefit distribution, count 45 calendar days from receipt for the response and note ASIC's expectation of an acknowledgement within 24 hours or one business day. Do not classify the complaint, and do not write the response.
- What the lawyer must review
- The lawyer classifies the complaint and writes the response. Regulatory Guide 271 applies to the trustee of a regulated superannuation fund other than a self-managed superannuation fund, and to a trustee of an approved deposit fund or an RSA provider. Those trustees must be members of AFCA and have an internal dispute resolution procedure. Table 2 sets 45 calendar days for a superannuation trustee complaint other than a death benefit distribution. A death benefit distribution is a different timeframe, 90 calendar days after the 28-day objection period in section 1056(2)(a) of the Corporations Act, and is not this task. RG 271.51 expects acknowledgement within 24 hours or one business day, or as soon as practicable. Under RG 271.53 the response tells the complainant the final outcome, the right to go to AFCA, and AFCA's contact details. If the complaint is rejected or partly rejected, RG 271.54 requires the reasons to identify and address the issues raised. The lawyer does not use this timetable for a self-managed fund.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the complaint and the register, record the date it was received, the channel, the issues the complainant stated, and whether the fund has classified it as a death benefit distribution. If it is not a death benefit distribution, count 45 calendar days from receipt for the response and note ASIC's expectation of an acknowledgement within 24 hours or one business day. Do not classify the complaint, and do not write the response. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the received date against the complaint register, including the channel it came in on.
- Do not apply the 45-day period to a complaint the lawyer has classified as a death benefit distribution.
- Confirm the response the lawyer writes contains the outcome, the AFCA right and the AFCA contact details, and that the tool has not drafted it.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.