Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 4 - COMPLAINTS, PROCEDURAL MATTERS RELATING TO COMPLAINTS AND COMPLAINTS THE TRIBUNAL CANNOT DEAL WITH  

SECTION 15E   COMPLAINTS ABOUT CONDUCT OF RSA PROVIDERS CONCERNING OPENING OF RSAs  

15E(1)   [Holders and former holders]  

A person who is, or claims to be, the holder, or the former holder of an RSA may make a complaint (other than an excluded complaint) to the Tribunal, that the conduct of the RSA provider, or of a representative of the RSA provider, in respect of the opening of the RSA, was unfair or unreasonable.

Note:

Although a complaint is about the conduct of an RSA provider, the Tribunal may join an insurer and any other person, as parties to the complaint (see subsection 18(3A) ). The Tribunal may then review any conduct of the person joined that may be relevant to the complaint.

15E(2)   [Sending of written complaint]  

A complaint under this section is to be made by sending or delivering a written complaint to the office of the Tribunal.

15E(3)   [Matters to be regarded]  

When a complaint is made under this section concerning the conduct of the RSA provider, or of a representative of the RSA provider, in respect of the opening of an RSA, the Tribunal must, in determining whether the conduct of the RSA provider or of a representative of the RSA provider was unfair or unreasonable, have regard, in particular, to the question whether that conduct involved:

(a) undue influence or pressure on the RSA holder; or

(b) material misrepresentation made to the RSA holder;

in relation to the opening of the RSA.

15E(4)   [Matters to be taken into account]  

For the purposes of subsection (3), the Tribunal may take into account:

(a) the age, physical and mental condition, educational attainments and financial means of the RSA holder; and

(b) the relative bargaining positions of the RSA provider or the RSA provider's representative and of the RSA holder or any person acting for the RSA holder; and

(c) the insurance and personal superannuation needs of the RSA holder or of any other person having, or claiming to have, an interest in the RSA as known to, or reasonably ascertainable by, the RSA provider or the RSA provider's representative; and

(d) the importance of ensuring that RSA providers act with fairness, openness and propriety in relation to the opening of RSAs and take reasonable steps to ensure that their representatives also act with fairness, openness and propriety in relation to the opening of RSAs; and

(e) the objects of this Act; and

(f) any other matter that the Tribunal considers relevant.