Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 6 - REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF  

Division 3 - The review meeting  

SECTION 37CA   TRIBUNAL POWERS: COMPLAINT UNDER SECTION 15CA  

37CA(1)   [Complaints re statements made to Commissioner of Taxation]  

For the purpose of reviewing a decision of a superannuation provider that is the subject of a complaint under section 15CA :

(a) the Tribunal has all the powers, obligations and discretions that are conferred on the superannuation provider; and

(b) subject to subsection (4), must make a determination in accordance with subsection (2).

37CA(2)   [Content of written determination]  

On reviewing the decision, the Tribunal must make a determination in writing:

(a) affirming the decision; or

(b) remitting the matter to which the decision relates to the superannuation provider for reconsideration in accordance with the Tribunal's directions; or

(c) varying the decision; or

(d) setting aside the decision and substituting a decision for the decision so set aside.

37CA(3)   [Restitution]  

The Tribunal may only exercise its determination-making power under subsection (2) for the purpose of placing the complainant as nearly as practicable in such a position that the unfairness, unreasonableness, or both, that the Tribunal has determined to exist in relation to the superannuation provider's decision to which the complaint relates no longer exists.

37CA(4)   [Tribunal bound by law]  

The Tribunal must not do anything under subsection (2) that would be contrary to law.

37CA(5)   [Affirmation of fair and reasonable decision]  

The Tribunal must affirm a decision referred to in subsection (2) if it is satisfied that the decision, in its operation in relation to the complainant, was fair and reasonable in all the circumstances.