Letter · Superannuation

Request for the reasons and documents relied on in a superannuation disability decision

A letter asking the insurer, and the trustee where the trustee owns the policy, for the reasons for a decision on income protection or disablement cover and for copies of the documents relied on. It is not itself a complaint.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Victoria, Queensland, New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the 5 authorities it cites, for Victoria, Queensland and New South Wales.
Version
1
Source
Written for this library

When to use it

Use after a decision that declines, closes or limits an income protection or total and permanent disablement claim on cover held in superannuation. Do not use it as the Corporations Act information request to a trustee, as the internal complaint, or as an AFCA complaint.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer and the tool draft the request from the decision notice, and the lawyer checks that the notice, the date and the list of missing documents match the file before it is sent.

AI may

  • Quote the decision and its date from the notice
  • Ask for the reasons if the notice did not state them, and for copies of the documents relied on
  • Send the request to the insurer, the trustee, or both, as the notice shows who decided

AI must not

  • Must not call this letter a complaint or an AFCA complaint
  • Must not invent a document that the notice does not suggest was relied on
  • Must not ask the insurer to swear a statutory declaration
  • Must not use this letter in place of the Corporations Act request for fund information

The lawyer checks

  • The decision date and the maker of the decision are taken from the notice
  • The 10 business days are asked for only where clause 5.58 or clause 7.14 of the Life Code applies, and only if the insurer subscribes
  • Medical documents that come back stay in the firm's approved tool
  • Draft only in the firm's approved tool. In Victoria and New South Wales, do not disclose confidential client information without authority under Australian Solicitors' Conduct Rules r 9.2.1. A Queensland solicitor checks the local conduct rules.
  • If client information leaves the approved environment, check APP 11 and whether there is an eligible data breach under the Privacy Act notifiable data breach scheme.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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