Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision - maker relating to the payment of a death benefit unless the person has an interest in the death benefit.
(2) A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision - maker relating to the payment of a death benefit if:
(a) the decision - maker gave the person notice:
(i) that the decision - maker proposed to make the decision; and
(ii) that the person may object to the proposed decision within 28 days after being given notice;
and the person did not, by notifying the decision - maker, object to the proposed decision within 28 days after being given notice; and
(b) the decision - maker gave the person notice:
(i) that the decision - maker had made the decision; and
(ii) that the person may make a complaint under the AFCA scheme relating to the decision within 28 days after being given notice;
and the person does not make the complaint to AFCA within 28 days after being given notice.
(3) If a person has not been given either of the notices referred to in subsection (2) relating to a decision by a death benefit decision - maker relating to the payment of a death benefit, the person cannot make a superannuation complaint under the AFCA scheme relating to the decision unless AFCA is satisfied that:
(a) the person has an interest in the death benefit; and
(b) it was unreasonable for the person not to be given those notices from the decision - maker.