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Pension giant fined, slammed for inexcusable behaviour

Australia’s largest superannuation fund, AustralianSuper, has been fined A$27 million and criticised for “inexcusable” behaviour and betraying the trust of its 3.5 million-plus members. The penalty was imposed by the Federal Court which found the $365 billion fund failed to merge the accounts of 90,700 members, in accordance with section 108A of the Superannuation Industry Act, costing $69 million in multiple administration fees, insurance premiums and lost investment earnings, which has been remediated. “The Court held this to be a breach of the fundamental duties and obligations AustralianSuper owed to its members, and that it was inexcusable for Australian Super not to have had the processes and systems in place to ensure compliance,” the Australian Securities and Investments Commission (ASIC) said in a media release. Justice Lisa Hespe said AustralianSuper’s failures to comply with s108A for almost nine years after the section came into effect, identify its non-compliance and remedy it were systemic failings and the result of failing to have appropriate systems and processes. “The failures should not have happened. The failures are serious and highly concerning,” Hespe said in her judgement. ASIC Deputy Chair Sa