Review of Decision Fact Sheet: NTG-P22-V02

The purpose of this fact sheet is to explain:
  1. your rights to seek review of decisions made under the NT Government and Public Authorities Superannuation Scheme (NTGPASS); NT Government Death and Invalidity Scheme (NTGDIS); NT Supplementary Superannuation Scheme (NTSSS); and NT Police Supplementary Benefit Scheme (NTPSBS); and
  2. how to request a review of a decision.

What decisions can be reviewed?

A decision is the approval or non-approval of a benefit or other entitlement under the Superannuation Act, the NTSSS Instrument or the NTPSBS Trust Deed.

For example, under NTGPASS a person may apply for the payment of a benefit by submitting the relevant application forms. The Commissioner will make an assessment and issue a payment notice. It is this notice that constitutes a decision to pay (or not pay) a particular benefit. This decision is subject to review.

Review is also available for an action that the Commissioner is authorised or required to take. This means that if a person is affected by an action of the Commissioner undertaken in the exercise of his/her duties under the Superannuation Act then that person may submit a request to the Commissioner for review.

Right to review

From 1 July 2015, the Northern Territory Civil and Administrative Tribunal (NTCAT) has jurisdiction to review decisions made for various NT superannuation schemes. The application and review process is set out in Part 5A of the Superannuation Act.

NTGPASS/NTGDIS

If a person is aggrieved by a decision or action of the Commissioner they may request, under section 49C of the Superannuation Act, that the Commissioner reconsider the decision.

Time frames apply for making an application for review of the Commissioner’s original decision: the application must be made within 30 days for a death benefit; within 2 years for an invalidity retirement benefit; or 12 months for all other decisions. After receiving the request the Commissioner will reconsider the decision within 30 days for a death benefit or 90 days for other benefits, and will provide written reasons for either confirming or revising their earlier decision or action.

If a person has requested review by the Commissioner and disagrees with the reviewed decision, the person may further apply under section 49G of the Superannuation Act, to the NTCAT for a review of the Commissioner’s decision.

An application to the NTCAT for review of the Commissioner’s decision (decision on review) must be made: within 30 days of the decision on review for a death benefit; within 2 years of the decision on review for an invalidity retirement benefit; or within 12 months of the original decision for all other benefits.

NTSSS

The NTSSS Instrument (clause 13) provides that if a person is aggrieved by a decision, the person may seek to have the decision reviewed by the Commissioner, and if the person is still aggrieved, by the NTCAT, under Part 5A of the Superannuation Act. The same timeframes relevant to NTGPASS apply.

NTPSBS

Under clause 27(b) of the NTPSBS Trust Deed, a member or former member who is aggrieved by a decision of the Trustee may within 30 days after receiving notice of the decision for a death benefit or 90 days for all other benefits, request that the Trustee reconsider the decision. After receiving the request the Trustee will reconsider the decision within 30 days for a death benefit or 90 days for all other benefits, and provide written reasons for either confirming or revising the earlier decision.

If a person has requested review by the Trustee and disagrees with the reviewed decision, the person may further apply to the NTCAT for a review of the Trustee’s decision, within 30 days for a death benefit or 90 days for all other benefits.

How to request review by Commissioner or Trustee

Notice in Writing

Under all schemes, a review must be requested by notice in writing to the relevant person (for example the Commissioner or Superannuation Trustee Board). The notice must include a detailed explanation of why the decision should be reviewed and all relevant material should be attached.

Address for service

The notice in writing may be addressed to the relevant person, and sent by post or email to the Superannuation Office. Upon receipt of the notice, the Superannuation Office will send a confirmation letter advising that the request for review has been received.

How to request review by NTCAT

For more information on how to make an application go to the Northern Territory Civil and Administrative Tribunal website.

Email: agd.ntcat@nt.gov.au
Phone: +61 8 8944 8720 or 1800 604 622

Complaint management process

For information about lodging complaints refer to the Complaints Management Procedure and Policy.

Last updated: 27 March 2018