Superannuation (Resolution of Complaints) Act 1993 (Repealed)

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

SECTION 15H   COMPLAINTS ABOUT CONDUCT OF INSURERS CONCERNING SALE OF INSURANCE BENEFITS  

15H(1)   [Unfair or unreasonable conduct]  

A person who is, or claims to be, the holder, or the former holder, of an RSA may complain to the Tribunal that the conduct of an insurer, or of a representative of an insurer, in respect of the sale of insurance benefits in relation to a contract of insurance where the premiums are paid from an RSA, was unfair or unreasonable.

Note:

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

15H(2)   [Written complaints]  

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

15H(3)   [Matters to be regarded]  

When a complaint is made under this section concerning the conduct of the an insurer, or of a representative of an insurer, in respect of the entry into a contract of insurance in connection with an RSA, the Tribunal must, in determining whether the conduct of the insurer, or of a representative of the insurer, 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 entry into the contract.

15H(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 insurer or the insurer'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 insurer or the insurer's representative; and

(d) the importance of ensuring that insurers act with fairness, openness and propriety in relation to entering into contracts of insurance in connection with RSAs and take reasonable steps to ensure that their representatives also act with fairness, openness and propriety in relation to such conduct; and

(e) the objects of this Act; and

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