Superannuation (Resolution of Complaints) Act 1993 (Repealed)

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

SECTION 15K   WHO MAY MAKE A COMPLAINT UNDER SECTION 15J  

15K(1)   [Categories of complainants]  

A person may make a complaint under section 15J concerning a decision of an insurer in relation to a contract of insurance entered into in connection with an RSA only if:

(a) in the case of a decision that relates to the payment of a death benefit:

(i) the person has an interest in the benefit; or

(ii) the person claims to be, or to be entitled to benefits through, a person referred to in subparagraph (i); or

(iii) the person is acting for a person referred to in subparagraph (i) or (ii); or

(b) in the case of a decision that does not relate to the payment of a death benefit - the person is:

(i) the holder or the former holder of the RSA; or

(ii) a person acting for the holder or the former holder of the RSA, or for the estate of such a person.

15K(2)   [Interest in death benefit]  

A person does not have an interest in a death benefit for the purposes of paragraph (1)(a) unless:

(a) the person:

(i) has been given written notice by the insurer of the proposed payment of the benefit; and

(ii) has been given written notice by the insurer of the prescribed period within which the person may object; and

(iii) has objected to the insurer within the prescribed period; or

(b) the person has not been notified by the insurer of the proposed payment of the benefit and the failure to notify was unreasonable; or

(c) the person has been notified by the insurer of the proposed payment of the benefit but was not notified of the prescribed period to object to the payment; or

(d) the person has been notified by the insurer of the proposed payment of the benefit but was notified of a period less than the prescribed period for the purposes of subparagraph (a)(ii).