Appeal rights

Who can request reconsideration?

Under the PSS Rules, a person affected by a decision of Commonwealth Superannuation Corporation (CSC, Trustee of PSS), or a Delegate of CSC, may request reconsideration of the decision.

What do I need to do?

Your request for reconsideration must be made in writing and set out the particulars of the decision to be reconsidered. You may accompany your request with evidence that supports your contentions.

You will receive confirmation that your request has been received and you will be provided with an opportunity to submit further evidence in support of your request. Your claim will be investigated and you may be asked for additional evidence if necessary.

What happens when the investigation is complete?

When the investigation is complete,  the evidence and any recommendations will be referred to the Australian Public Service Reconsideration Committee (the Committee) for a decision.

The Committee must review the Delegate’s decision and affirm or vary the decision, or set aside and substitute another decision for it. The Committee must provide reasoning for the decision and you will be sent a copy of the Committee’s decision and reasoning following the determination.

How long will the reconsideration process take?

The length of the process will depend on the nature of the matter to be reconsidered and the ability to quickly obtain evidence.

In the event that the Delegate, in making his or her decision, referred your case to a Panel, we must again refer the decision to a Panel for a recommendation, prior to the final determination.

If you have not received a response from the Committee within 90 days of your request for reconsideration, you are entitled to request reasons as to why a decision has not yet been made. We must respond to a request of this nature within 28 days.

Additionally, if, after 90 days, you are not satisfied with the progress of your case, you may register a complaint with the Superannuation Complaints Tribunal (SCT), under the Superannuation (Resolution of Complaints) Act 1993 (the Complaints Act).  You may also register such a complaint if you are not satisfied with the outcome of the reconsideration. Further information may be obtained by visiting the SCT’s website at www.sct.gov.au or the office of the SCT can be contacted by telephone on 1300 884 114, facsimile (03) 8635 5588 or email at info@sct.gov.au.

Is there a fee involved?

There is no fee charged for the reconsideration of a Delegate’s decision. The reconsideration of a decision which has been made by the Committee may incur a fee.

Can I get any assistance?

There is no requirement for you to seek representation, but you are free to do so if you wish. Please note that you will not be reimbursed for any legal or other costs you incur in the reconsideration process.

You may call the PSS Customer Information Centre on 1300 000 377 and speak to a member of the Reconsideration Section for assistance in making a request. They will give you information about the process and the kinds of evidence you may submit. However, they are unable to advise you on the merits of your case.

Can I withdraw my request for reconsideration?

In some cases, you may withdraw your request for reconsideration before the determination is made.

The withdrawal must be made in writing to PSS.

What happens if I am unhappy with the reconsideration decision?

If you are unhappy with the decision of the Committee, you may lodge an appeal with the Superannuation Complaints Tribunal.

Alternatively, you may again request reconsideration under the PSS Rules. We will provide you with further information about your appeal rights when advising you of the Committee’s decision.

Appeal against a decision made before 1 July 1994

Please be advised that certain decisions which were made before 1 July 1994 fall outside the jurisdiction of the SCT.  

If you wish to seek the appeal of a decision made before 1 July 1994, please make further contact with ComSuper. 

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