AustraliaI'm a member of a super fund that merged with another fund without my consent. Is this valid?
Yes, a super fund can merge with another fund without your individual consent, provided it follows strict legal requirements under the Superannuation Industry (Supervision) Act.
What the Law Says
The Superannuation Industry (Supervision) Act 1993 (SIS Act) permits superannuation fund mergers without requiring individual member consent, but imposes strict procedural and governance safeguards.
Under the SIS Act, a trustee may merge a regulated super fund with another fund if the merger is permitted by the fund’s trust deed and complies with regulatory requirements. Member consent is not legally required.
The trustee must give members at least 30 days’ written notice before the merger takes effect. This notice must include key information such as the reasons for the merger, how it affects benefits and fees, and members’ rights to transfer out before completion.
The merger must also be approved by the Australian Prudential Regulation Authority (APRA) — or the Australian Securities and Investments Commission (ASIC), if the fund is an RSE licensee not supervised by APRA — and must not breach the fund’s governing rules or the SIS Act’s core duties.
Statutory TextA trustee of a regulated superannuation fund must not enter into an arrangement to merge the fund with another superannuation fund unless the arrangement is permitted by the governing rules of the fund.
— Superannuation Industry (Supervision) Act 1993, s. 62(1) — Merger of funds
Statutory TextThe trustee must give each member of the fund written notice of the proposed merger at least 30 days before the merger takes effect.
— Superannuation Industry (Supervision) Act 1993, s. 62(2) — Notice to members
What to Do
Check your fund’s latest Product Disclosure Statement (PDS) and trust deed to confirm merger authority and member rights.
Review the merger notice you received — ensure it includes all mandatory information and was issued at least 30 days before the merger date.
Contact your fund’s trustee or APRA if you believe the merger breached s. 62 of the SIS Act.
Consider transferring your balance to another fund before the merger completes — you generally retain this right unless restricted by preservation rules.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.