Superannuation (Portability) Act 1989

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

The Superannuation (Portability) Act 1989 sets out a system for portability of superannuation within the public sector, and is principally concerned with deferred retirement benefits. Section 5 of the Act sets out the ways in which a person may be entitled to a deferred retirement benefit.

Cases we can hear

Any dispute about benefit entitlements under the Act must be determined first by the administrators of the relevant statutory superannuation scheme.

If your interests are affected by a decision of the administrators, you may be able to apply to VCAT for a review of the administrators’ decision.

A dispute means any dispute:

• about the amount of any benefit payable under the Act
• where the administrators or a person entitled to a benefit consider that the benefit paid or payable is inappropriate, having regard to the governing instrument of the scheme.

Legislation that gives VCAT the power to hear these applications

Section 10 of the Superannuation (Portability) Act 1989

Documents you need to apply

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must apply within 28 days of:

the decision being made; or

if you requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998, the date on which you receive the statement of reasons or you were notified a statement of reasons will not be given.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

What can VCAT order?

Unless the relevant Act of Parliament gives us different powers, VCAT can:

• affirm the original decision, in which case the original decision will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and send back the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision maker to reconsider their decision at any time during the case.

Putting the original decision on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision. 

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay. 

It may not be possible to put the decision on hold if there would be no practical effect in doing so.

VCAT will ask the decision maker if they agree to any stay. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.