Commonwealth Numbered Regulations

SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS (AMENDMENT) 1997 No. 152 - REG 4

4.1 After regulation 6.19, insert: Release of benefits on compassionate
grounds

"6.19A. (1) A person may apply to the Commissioner for a determination that an
amount of the person's preserved benefits, or restricted non-preserved
benefits, in a superannuation entity may be released on the ground that it is
required:

   (a)  to pay for medical treatment or medical transport for the person or a
        dependant; or

   (b)  to enable the person to make a payment on a loan, to prevent:

        (i)    foreclosure of a mortgage on the person's principal place of
               residence; or

        (ii)   exercise by the mortgagee of an express, or statutory, power of
               sale over the person's principal place of residence; or

   (c)  to modify the person's principal place of residence, or vehicle, to
        accommodate the special needs of the person, or a dependant, arising
        from severe disability; or

   (d)  to pay for expenses associated with the person's palliative care, in
        the case of impending death; or

   (e)  to pay for expenses associated with a dependant's:

        (i)    palliative care, in the case of impending death; or

        (ii)   death; or

        (iii)  funeral; or

        (iv)   burial.

"(2) The Commissioner must determine, in writing, that the person has
satisfied, for the purposes of subregulation 6.18 (1) or 6.19 (1), a condition
of release on a compassionate ground if the Commissioner is satisfied that:

   (a)  the release is required on a ground mentioned in subregulation (1);
        and

   (b)  the person does not have the financial capacity to meet an expense
        arising from that ground.

"(3) The Commissioner cannot be satisfied that money is required for medical
treatment unless 2 registered medical practitioners (at least one of whom must
be a specialist) certify that:

   (a)  the medical treatment is necessary to:

        (i)    treat a life threatening illness or injury; or

        (ii)   alleviate acute, or chronic, pain; or

        (iii)  alleviate an acute, or chronic, mental disturbance; and

   (b)  the treatment is not readily available to the person, or the
        dependant, through the public health system.

"(4) The Commissioner cannot be satisfied that money is required for medical
transport unless the medical treatment for which the medical transport is
required has been certified, under subregulation (3), as necessary for a
reason mentioned in paragraph (3) (a).

"(5) The Commissioner cannot be satisfied that money is required on the ground
mentioned in paragraph (1) (b) unless the person gives to the Commissioner a
written statement from the mortgagee that:

   (a)  payment of an amount is overdue; and

   (b)  if the person fails to pay the amount, the mortgagee will:

        (i)    foreclose the mortgage on the person's principal place of
               residence; or

        (ii)   exercise its express, or statutory, power of sale over the
               person's principal place of residence.

"(6) A statement under subregulation (5) must include the following
information:

   (a)  the amount that is equal to 3 months' repayments under the mortgage;
        and

   (b)  the amount that is 12 months' interest on the outstanding balance of
        the loan at the time the statement is made.

"(7) In this regulation:
'medical transport' means transport, for medical attention, by land, water or
air.".