(1) The Governor may, by order published on the NSW legislation website, amend Schedule 1 or 2.(2) An order under subsection (1), and any other order revoking or varying such an order, may be made:(a) to take effect on and from a day specified in the order, whether or not the day specified is earlier than the day of publication of the order, and(b) to effect the amendment to which it relates with such limitations as are specified in the amendment, being limitations that do not operate to the prejudice of an existing employee.
28 Employer to provide information
(1) An employer shall submit to STC such information or evidence relating to employees of the employer as STC requires.(2) Where an employer fails to comply with subsection (1) in relation to an employee, STC may defer payment of a benefit to, or in relation to, an employee where the information sought is relevant to the right to receive the benefit.
29 Employee or claimant to provide information
(1) STC may require an employee or a claimant for payment of a benefit under this Act:(a) to provide STC with specified information or evidence referred to in subsection (2),(b) to provide STC with an authority to obtain from a third person any such information or evidence, or(c) in the case of a claimant for a benefit arising in relation to permanent physical or mental incapacity—to undergo a medical examination.(2) A requirement under subsection (1) may be made only in relation to information, evidence or a medical examination that is relevant to the assessment of an application made by the claimant for payment of the benefit.(3) Where:(a) the employee or claimant to whom a requirement under subsection (1) relates fails to comply with the requirement or, in purported compliance with the requirement, makes or provides an untrue statement, or(b) a person referred to in subsection (1) (b) fails to provide information or evidence that STC has been authorised to obtain from the person or, in purported compliance with the request by STC for the information or evidence, makes or provides an untrue statement,STC may take such action in relation to the benefit concerned as, in the opinion of STC, would place the claimant as nearly as possible in the same position as the claimant would be if the information or evidence had been provided or the medical examination made or if the statement had not been untrue.
(4) For the purposes of this section, untrue, in relation to a statement, includes:(a) misleading in the form and context in which the statement appears, and(b) misleading by reason of the omission from the statement of matter that is material.
(1) A purported assignment of, or purported charge over, a benefit is void.(2) Where, but for this subsection, a benefit would pass by operation of law to a person other than a person to whom the benefit is payable under this Act, the benefit does not so pass.(3) A benefit payable on the death of an employee is not an asset in the employee’s estate that is applicable in payment of the debts and liabilities of the deceased.(4) Nothing in this section prevents STC from making, at the request of a person to whom an amount by way of a benefit is payable, a payment of the whole or a part of the amount on behalf of the person.(5) Any payment made under subsection (4) shall be deemed to have been made to the person entitled to the benefit.
31 Payment without grant of probate etc
(1) Where an employee or former employee or a non-employee spouse dies and:(a) a benefit or family law superannuation payment is or becomes payable under this Act in relation to the deceased,(b) production to STC of probate of the will, or letters of administration of the estate, of the deceased has not been arranged, and(c) STC has not, within the period of 3 months that next succeeds the death of the deceased, received a notice of intention to apply for a grant of probate of the will, or letters of administration of the estate, of the deceased,STC may, if it so decides, make a payment of the whole or any part of the benefit or family law superannuation payment in accordance with subsection (2), being a payment that does not exceed $50,000 or, where some other amount is prescribed for the purposes of this section, that other amount.(2) Where STC makes a decision under subsection (1), STC may:(a) pay the whole or any part of the amount of the benefit or family law superannuation payment to an eligible person within the meaning of Chapter 3 of the Succession Act 2006,(b) after paying the funeral expenses of the deceased or reimbursing a person who has paid those expenses—pay the whole or any part of the balance to any person referred to in paragraph (a), or(c) in special circumstances, pay the whole or any part of the amount of the benefit or family law superannuation payment, or the balance referred to in paragraph (b), to some other person.(3) Where an employee or former employee or a non-employee spouse dies and STC is of the opinion that proceedings might be instituted under Chapter 3 of the Succession Act 2006 in relation to the estate, or notional estate, of the deceased, STC may, despite any other provision of this Act, pay to the personal representatives of the deceased any benefit or family law superannuation payment that, but for this subsection, would have been paid to some other person.
31A Restriction on manner of payment of benefit
STC must not pay, in cash or by a cheque which authorises payment in cash on presentation, a benefit or part of a benefit payable under this Act.
32 Recovery of money owing to STC
(1) STC may recover any money owing to STC under this Act by an employee, employer or other person, together with interest thereon as provided by subsection (3):(a) except in the case of unpaid contributions—as a debt in a court of competent jurisdiction,(b) where any amount is, or becomes, payable under this Act to the employee, employer or other person—by deduction from that amount, or(c) in the case of an employee—by deduction from the employee’s salary in accordance with subsection (2) by such instalments and at such times as STC determines.(2) An employer shall, at the written request of STC, make deductions from an employee’s salary as referred to in subsection (1) (c) and pay the amount thereof to STC, and an amount so deducted and paid shall be deemed to have been paid to STC by the employee from whose salary the deduction was made.(3) Interest at a rate from time to time determined by STC is payable on any amount owing to STC calculated from the date on which the amount became due for payment until the date on which the amount is recovered under subsection (1) or is otherwise paid.
32A Payment where beneficiary is missing
(1) If STC is unable, after reasonable inquiry, to find a person to whom a benefit is payable, STC may pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support of any person wholly or partly dependent on the person who would otherwise be entitled to the benefit.(2) Any payment made under this section is taken to have been made to the person who, but for this section, would be entitled to the benefit.
33 Payment where beneficiary incapable
(1) Where a person to whom a benefit under this Act is payable is, in the opinion of STC, incapable of administering his or her own affairs by reason of illness, imprisonment or any other cause, STC may pay the benefit to some other person to be applied wholly for the care, maintenance, benefit and support of the person to whom, but for this section, the benefit would be payable, or of any person wholly or partly dependent on him or her.(2) Any payment made under this section shall be deemed to have been made to the person entitled to the benefit.
33A Information that must be disclosed to employees
(1) STC must from time to time give to an employee or other person such information as STC determines under this section.(2) STC must determine, having regard to the information required to be provided by the trustee of a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, the information to be provided by STC to employees and other persons and the circumstances in which information must or may be provided.
(1) If STC makes a decision under this Act in relation to an employee or other person, STC must give to the employee or other person notice in writing of:(a) the decision, and(b) the right to dispute the decision, and(c) the time within which notice of a dispute must be served on STC.(2) An employee or other person who is aggrieved by a decision made by STC has a right to dispute that decision and to have the dispute determined under the Superannuation Administration Act 1996.(3) Notice of the dispute must be served on STC within 2 years after the aggrieved person is notified in writing of the right to dispute that decision.(4) This section applies to a decision made before, on or after the commencement of this section, except a decision in respect of which a dispute has been notified to STC before the commencement of this section.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Regulations may not be made unless the recommendation to the Governor for their making includes a certificate by a Minister to the effect that, in the formulation of the regulations, regard has been had to any relevant rules or guidelines for the time being in force in relation to superannuation benefits of the kind provided by this Act.
35 Savings and transitional provisions
Schedule 5 has effect.