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Wednesday, 17 November 1993
Page: 2997


Senator SHERRY (Parliamentary Secretary to the Minister for Primary Industries and Energy) (12.02 p.m.) —I just do not agree with Senator Watson on that matter. The delay in payment occurs at the present time anyway. If the trustees have a dispute before them, they will delay payment for as long as it takes for them to resolve it, so delays can already occur.

  I turn to the way in which the tribunal addresses this issue and refer to the argument that I advanced earlier. Clause 36 of the Superannuation (Resolution of Complaints) Bill under `meeting procedure' states that the tribunal is required to take into account not just the interests of the person who is making a claim before the tribunal, but also the interests of all the members of the fund. I would argue that that gives the tribunal sufficient power not to award double payments in these circumstances, because it is required to take into account the interests of members of the fund. In doing so, it can avoid the situation advanced by Senator Watson.