Former and current Australian Government employees may be entitled to more super

15 February 2012

On 20 April 2007, Mr John Cornwell - a retired Australian Government employee - succeeded in a claim against the Australian Government which awarded him more superannuation.

AWU National Secretary Paul Howes urged past and present Australian Government employees to seek advice as to their own eligibility to join the Commonwealth (CSS) or Public Sector Superannuation Schemes (PSS).

"This is an important claim which could have ramifications for some of our members," Mr Howes said.

"I would strongly encourage any of our members who have previously worked for the Australian Government and who think they may be affected by this High Court decision to seek more information about their own circumstances."

Claimant was entitled to join superannuation scheme earlier then advised

Mr. Cornwell's claim succeeded on the basis that he should have been entitled to join the CSS from a much earlier date than he did – and consequently would have received a higher superannuation benefit.

His failure to join arose as a result of incorrect advice he was given about his eligibility to apply to join the CSS.

Do you qualify to make a 'Cornwell' claim?

If you believe you have previously been given incorrect advice in relation to your eligibility to apply to join the CSS or PSS, you can download the 'Cornwell' decision flyer or get more information online at http://www.finance.gov.au/comcover/cornwell.html

You can also register a claim with the Department of Finance and Deregulation by completing a questionnaire on the same website at http://www.finance.gov.au/comcover/cornwell.html

Currently, the criteria you must demonstrate to succeed in a 'Cornwell' claim is:

• That you were eligible to join the relevant Commonwealth superannuation scheme in accordance with the superannuation rules applicable at the time;
• That you received incorrect advice (a negligent misstatement) from a person in authority,
  that you were not eligible to join the relevant superannuation scheme;
• That you relied on that advice and would have applied to join and would have been accepted into the superannuation scheme were it not for that incorrect advice;
• That you submit a claim within 6 years of the date you retire, or from another statutory trigger which allows you to access your superannuation benefits; and
• That you can demonstrate that you suffered a quantifiable financial loss as a result of the incorrect advice.