Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 6 - REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF  

Division 3 - The review meeting  

SECTION 37E   TRIBUNAL POWERS - COMPLAINTS UNDER SECTION 15F  

37E(1)   [Complaints re RSA provider decision]  

For the purpose of reviewing the decision of an RSA provider in relation to an RSA where that decision is the subject of a complaint under section 15F :

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

(b) subject to subsection (6), must make a determination in accordance with subsection (3).

37E(2)   [Where insurer joined]  

If an insurer or other person has been joined as a party to a complaint under section 15F :

(a) the Tribunal must, when reviewing the RSA provider's decision, also review any decision of the insurer or other person that is relevant to the complaint; and

(b) for that purpose, has all the powers, obligations and discretions that are conferred on the insurer or other person; and

(c) subject to subsection (6), must make a determination in accordance with subsection (3).

37E(3)   [Contents of written determination]  

On reviewing a decision of an RSA provider, insurer or other person that is the subject of, or relevant to, a complaint under section 15F , the Tribunal must make a determination in writing:

(a) affirming the decision; or

(b) remitting the matter to which the decision relates to the RSA provider, insurer or other person 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.

37E(4)   [Restitution]  

The Tribunal may only exercise its determination-making power under subsection (3) 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 RSA provider's decision that is the subject of the complaint, no longer exists.

37E(5)   [Tribunal bound by law and contract]  

The Tribunal must not do anything under subsection (3) that would be contrary to law or to the terms and conditions of the RSA or the contract of insurance.

37E(6)   [Fair and reasonable decisions]  

The Tribunal must affirm a decision referred to in subsection (3) if it satisfied that the decision, in its operation in relation to:

(a) the complainant; and

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

(i) has become party to the complaint; and

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

was fair and reasonable in all the circumstances.