Superannuation (Resolution of Complaints) Act 1993 (Repealed)

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

SECTION 26   OPERATION AND IMPLEMENTATION OF A DECISION THAT IS SUBJECT TO A COMPLAINT  

26(1)   [Effect of s 14 complaint on decision]  

Subject to this section, making a complaint under section 14 to the Tribunal concerning a decision of a trustee does not affect the operation of the decision, or, if an insurer or other decision-maker is joined as a party to the complaint, of a decision of the insurer or other decision-maker, or prevent the taking of action to implement any such decision.

26(1A)   [Effect of s 15B complaint on decision]  

Subject to this section, making a complaint under section 15B to the Tribunal concerning a decision of an insurer under an annuity policy does not affect the operation of the decision of the insurer or prevent the taking of action to implement any such decision.

26(1AA)   [Commissioner of Taxation able to act]  

Subject to this section, making a complaint under section 15CA about a decision of a superannuation provider to set out an amount in a statement given to the Commissioner of Taxation does not prevent the Commissioner from taking any action on the basis of the amount set out in the statement.

26(1B)   [Decisions of RSA providers]  

Subject to this section, making a complaint under section 15F to the Tribunal concerning a decision of an RSA provider in relation to an RSA does not affect the operation of the decision of the RSA provider or, if an insurer or other decision-maker is joined as a party to the complaint, of a decision of the insurer or other decision-maker, or prevent the taking of action to implement any such decision.

26(1C)   [Decisions of insurers]  

Subject to this section, making a complaint under section 15J to the Tribunal concerning a decision of an insurer in relation to a contract of insurance entered in connection with an RSA does not affect the operation of the decision of the insurer or, if an RSA provider or other decision-maker is joined as a party to the complaint, of a decision of the RSA provider or other decision-maker, or prevent the taking of action to implement any such decision.

26(2)   [Order staying or affecting decision subject of s 14 complaint]  

The Tribunal may, on a request being made by a person making a complaint under section 14 , if the Tribunal thinks that it is desirable to do so after taking into account the interest of any persons who may be affected by the request, make such order or orders staying or otherwise affecting the operation or implementation of the whole or part of the decision of the trustee concerned, or, if appropriate, of an insurer or other decision-maker whose decision is relevant to the subject matter of the complaint.

26(2A)   [Order staying or affecting decision of insurer]  

The Tribunal may, on a request being made by a person making a complaint under section 15B concerning a decision of an insurer under an annuity policy, if it thinks it is desirable to do so after taking into account the interests of any persons who may be affected by the request, make such order or orders staying or otherwise affecting the operation or implementation of the whole or part of a decision of the insurer.

26(2AA)   [Tribunal may order Commissioner not to act]  

The Tribunal may, on a request being made by a person making a complaint under section 15CA about a decision of a superannuation provider to set out an amount, in a statement given to the Commissioner of Taxation, as an amount of surchargeable contributions, if it thinks it is desirable to do so after taking into account the interests of any person who may be affected by the request, make an order preventing the Commissioner from taking any action on the basis of the amount set out in the statement.

26(2B)   [Stay of RSA provider decision]  

The Tribunal may, on a request being made by a person making a complaint under section 15F concerning a decision of an RSA provider in relation to an RSA, if it thinks it is desirable to do so after taking into account the interests of any persons who may be affected by the request, make an order or orders staying or otherwise affecting the operation or implementation of the whole or part of a decision of the RSA provider or, if appropriate, of an insurer or other decision-maker whose decision is relevant to the subject matter of the complaint.

26(2C)   [Stay of insurer decision]  

The Tribunal may, on a request being made by a person making a complaint under section 15J concerning a decision of an insurer in relation to a contract of insurance entered in connection with an RSA, if it thinks it is desirable to do so after taking into account the interests of any persons who may be affected by the request, make an order or orders staying or otherwise affecting the operation or implementation of the whole or part of a decision of the insurer, or if appropriate, of an RSA provider or other decision-maker whose decision is relevant to the subject matter of the complaint.

26(3)   [Variation or revocation of order]  

If an order is in force under subsection (2), (2A), (2AA), (2B) or (2C) (including an order that has previously been varied on one or more occasions under this subsection), the Tribunal may, on a request being made by a party to the complaint make an order varying or revoking the first-mentioned order.

26(4)   [Requirements for making order]  

The Tribunal must not:

(a) make an order under subsection (2), (2A), (2AA), (2B) or (2C) unless the relevant decision-maker has been given a reasonable opportunity to make a submission to the Tribunal in relation to the matter; or

(b) make an order varying or revoking an order in force under subsection (2), (2A), (2AA), (2B) or (2C) (including an order that has previously been varied on one or more occasions under subsection (3)) unless:

(i) the complainant; and

(ii) the decision-maker concerned; and

(iii) if the order under subsection (2), (2A), (2AA), (2B) or (2C) has previously been varied by an order or orders under subsection (3) - the person or persons who requested the making of the last-mentioned order or orders;

have been given a reasonable opportunity to make submissions to the Tribunal in relation to the matter.

26(5)   [Effect of order]  

An order that is in force under subsection (2), (2A), (2AA), (2B) or (2C) (including an order that has previously been varied on one or more occasions under subsection (3)):

(a) is subject to such conditions as are specified in the order; and

(b) has effect until:

(i) if a period for the operation of the order is specified in the order - the end of that period or, if the complaint is determined by the Tribunal before the end of that period, the determination of the Tribunal in relation to the complaint comes into operation; or

(ii) if no period is so specified - the determination of the Tribunal in relation to the complaint comes into operation.