Ray v Superannuation Complaints Tribunal [2004] FCA 1120

FEDERAL COURT OF AUSTRALIA

Ray v Superannuation Complaints Tribunal [2004] FCA 1120 ADMINISTRATIVE LAW – superannuation – claim for disability benefit – application for review – decision that Superannuation Complaints Tribunal had no jurisdiction to hear complaint – time limit on making complaint to Tribunal – whether a 'decision' was in fact made by Trustee – proper decision‑maker – delegation of authority – presumption of regularity. WORDS AND PHRASES – "determination" within meaning of s 46 of Superannuation (Resolution of Complaints) Act 1993 (Cth)

Judiciary Act 1903 (Cth), s 39B Superannuation Industry (Supervision) Act 1993 (Cth), s 101 Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 19, 37 Superannuation (State Public Sector) Act 1990 (Qld), s 6F Superannuation (State Public Sector) Deed 1990 (Qld), ss 4, 32, 46, 49, 59

The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13, followed BTR plc v Westinghouse Brake and Signal Company (Australia) Ltd (1992) 34 FCR 246, referred to TXU Electricity Ltd v Office of the Regulator‑General (2001) 3 VR 93, referred to Geographical Indications Committee v O'Connor (2000) 64 ALD 325, referred to Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154, followed Morris v Kanssen [1946] AC 459, followed

DALE PATRICK RAY v SUPERANNUATION COMPLAINTS TRIBUNAL, FIONA POWER and BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME V 73 of 2003 GOLDBERG J 30 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 73 of 2003

BETWEEN: DALE PATRICK RAY

Applicant

AND: SUPERANNUATION COMPLAINTS TRIBUNAL

First Respondent

FIONA POWER

Second Respondent

BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME