Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 6 - REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF  

Division 3 - The review meeting  

SECTION 37C   TRIBUNAL POWERS - COMPLAINTS UNDER SECTION 15B  

37C(1)   [Tribunal's powers when reviewing decision of insurer]  

For the purpose of reviewing the decision of an insurer under an annuity policy where that decision is the subject of a complaint under section 15B :

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

(b) subject to subsection (5), must make a determination in accordance with subsection (2).

37C(2)   [Tribunal's determination]  

On reviewing a decision of an insurer under an annuity policy that is subject to a complaint under section 15B , the Tribunal must make a determination in writing:

(a) affirming the decision; or

(b) remitting the matter to which the decision relates to the insurer for reconsideration in accordance with the directions of the Tribunal; or

(c) varying the decision; or

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

37C(3)   [Extent of determination]  

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 conduct of the insurer, or of a representative of the insurer, that is the subject of the complaint no longer exists.

37C(4)   [Determination must not be contrary to law or provisions of policy]  

The Tribunal must not do anything under subsection (2) that would be contrary to law or to the provisions of the annuity policy.

37C(5)   [Decisions to be affirmed if fair and reasonable]  

The Tribunal must affirm a decision referred to in subsection (2) if it is satisfied that the decision, in its operation in relation to:

(a) the complainant; and

(b) so far as concerns a complaint regarding the payment of a death benefit - any person (other than the complainant, insurer or a trustee) who:

(i) has become a party to the complaint; and

(ii) has an interest in the death benefit or claims to be, or to be entitled to benefits through, a person having an interest in the death benefit;

was fair and reasonable in all the circumstances.