Superannuation (Resolution of Complaints) Act 1993 (Repealed)

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

SECTION 24A   OTHER PARTIES MAY JOIN A COMPLAINT  

24A(1)   [Notice by trustee]  

If:

(a) a complaint under section 14 has been made concerning a decision of the trustee; and

(b) the decision complained of concerns the payment of a death benefit;

then, within 28 days or such longer period as the Tribunal allows after the trustee receives notice of the complaint under subsection 17(1) , the trustee must give written notice in accordance with subsection (3) to all persons (other than the complainant) whom the trustee believes, after reasonable inquiry, may have an interest in the outcome of the complaint.

24A(2)   [Notice by insurer]  

If:

(a) a complaint under section 15B has been made concerning a decision of an insurer; and

(b) the decision complained of concerns the payment of a death benefit;

the insurer must, within 28 days or such longer period as the Tribunal allows after the insurer receives a notice of the complaint under subsection 17(2) , give written notice in accordance with subsection (3) to all persons (other than the complainant) whom the insurer believes, after reasonable inquiry, may have an interest in the outcome of the complaint.

24A(2A)   [Provider decision re death benefits]  

If:

(a) a complaint under section 15F has been made concerning a decision of an RSA provider; and

(b) the decision concerns the payment of a death benefit;

the RSA provider must, within 28 days, or such longer period as the Tribunal allows, after the RSA provider receives a notice of the complaint under subsection 17(3) , give written notice in accordance with subsection (3) to all persons (other than the complainant) whom the RSA provider believes, after reasonable inquiry, may have an interest in the outcome of the complaint.

24A(2B)   [Insurer decision re death benefits]  

If:

(a) a complaint under section 15J has been made concerning a decision of an insurer; and

(b) the decision concerns the payment of a death benefit;

the insurer must, within 28 days, or such longer period as the Tribunal allows, after the insurer receives a notice of the complaint under subsection 17(4) , give written notice in accordance with subsection (3) to all persons (other than the complainant) whom the insurer believes, after reasonable inquiry, may have an interest in the outcome of the complaint.

24A(3)   [Details in notice]  

A notice under subsection (1), (2), (2A) or (2B) must inform each of the persons to whom the notice relates:

(a) that a complaint has been received by the Tribunal; and

(b) of the details of the complaint; and

(c) that to become a party to the complaint, the person must, within 28 days of the giving of the notice, or within such further period as the Tribunal allows, apply to the Tribunal to be made a party to the complaint.

24A(4)   [Trustee, insurer or RSA provider to inform Tribunal of persons to whom notice given]  

If a trustee, insurer or RSA provider is required under subsection (1), (2), (2A) or (2B), as the case requires, to give a person notice relating to a complaint, the trustee, insurer or RSA provider must, at the same time as that notice is given, by notice in writing inform the Tribunal of:

(a) the names of the person to whom it has given the notice; and

(b) the period within which, unless the Tribunal allows a further period, an application by the person to be joined as a party to the complaint must be made; and

(c) either:

(i) if the trustee, insurer or RSA provider has the address and telephone number at which the person can be contacted - that address and telephone number; or

(ii) if the trustee, insurer or RSA provider does not have those details but has other details that would enable the Tribunal to contact the person - those other details.

24A(5)   [Effect of failure to apply to join as party]  

If:

(a) a person has been informed that to become a party to a complaint the person must apply to the Tribunal within a particular period; and

(b) the person does not so apply within that period;

the person may not, unless the Tribunal otherwise decides, be joined as a party to the original complaint.

24A(6)   [Joinder by other persons]  

A person, other than a person given a notice under this section, who considers that he or she is affected by:

(a) a decision that is the subject of a complaint under section 14 , 14A , 15B , 15CA , 15F , or 15J ; or

(b) conduct that is the subject of a complaint under section 15A , 15E or 15H ;

may, at any time before, or during, the period while the complaint is being dealt with, make a request in writing, to the Tribunal, to be joined under section 18 as a party to the complaint.

24A(7)   [Intentional or reckless non-compliance]  

A person must not intentionally or recklessly fail to comply with subsection (1), (2), (2A) or (2B).

Penalty: 50 penalty units.