Superannuation (Resolution of Complaints) Act 1993 (Repealed)

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

SECTION 19   TRIBUNAL NOT TO DEAL WITH COMPLAINT UNLESS THE COMPLAINANT HAS ATTEMPTED TO HAVE THE MATTER RESOLVED  

19(1)   [Complaints under s 14 or 14A]  

The Tribunal cannot deal with a complaint under section 14 or 14A unless the complainant satisfies the Tribunal that:

(a) a complaint about the same subject matter was previously made to an appropriate person under arrangements for dealing with such complaints made under section 101 of the Supervision Act; and

(b) the complaint so made was not settled to the satisfaction of the complainant within 90 days or such longer period as the Tribunal allows.

19(2)   [Complaints under s 15A or 15B]  

The Tribunal cannot deal with a complaint under section 15A or 15B unless the complainant satisfies the Tribunal that the complainant has made all reasonable efforts to have the complaint resolved by the insurer under the annuity policy to which the complaint relates.

19(2A)   [Where complaint relates to statement made to Commissioner of Taxation]  

The Tribunal cannot deal with a complaint under section 15CA unless the complainant satisfies the Tribunal that the complainant has made all reasonable efforts to have the complaint resolved by the superannuation provider to which the complaint relates.

19(3)   [Complaints re RSA providers]  

The Tribunal cannot deal with a complaint under section 15E or 15F unless the complainant satisfies the Tribunal that:

(a) a complaint about the same subject matter was previously made to an appropriate person under arrangements for dealing with such complaints made under section 47 of the Retirement Savings Accounts Act 1997 ; and

(b) the complaint so made was not settled to the satisfaction of the complainant within 90 days or such longer period as the Tribunal allows.

19(4)   [Complaints re insurers]  

The Tribunal cannot deal with a complaint under section 15H or 15J unless the complainant satisfies the Tribunal that the complainant has made all reasonable efforts to have the complaint resolved by the insurer who entered into the contract of insurance to which the complaint relates.