Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 6 - REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF  

Division 3 - The review meeting  

SECTION 37F   TRIBUNAL POWERS - COMPLAINTS UNDER SECTION 15H  

37F(1)   [Complaints re conduct of insurers]  

For the purpose of reviewing the conduct of an insurer, or of a representative of an insurer, that is the subject of a complaint under section 15H concerning the entry into a contract of insurance in connection with an RSA:

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

(b) subject to subsection (4), must make a determination in accordance with subsection (3).

37F(2)   [Where RSA provider joined]  

If an RSA provider has been joined as a party to a complaint under section 15H :

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

(b) for that purpose, has all the powers, obligations and discretions that are conferred on the RSA provider; and

(c) must make a determination in accordance with subsection (5).

37F(3)   [Contents of written determination]  

On reviewing the conduct of an insurer, or a representative of an insurer, that is the subject of a complaint under section 15H , the Tribunal must make a determination in writing, so far as concerns the contract of insurance to which the complaint relates, either:

(a) doing all or any of the following:

(i) setting aside the whole or a part of the terms and conditions of the contract of insurance in their application to the complainant;

(ii) varying the terms and conditions of the contract of insurance in their application to the complainant;

(iii) requiring any party to the contract of insurance to repay all money or particular money received under the contract;

(iv) requiring any party to the contract of insurance to pay any additional interest, worked out in a manner prescribed in the regulations; or

(b) declaring that, in all the circumstances of the case, action of a kind referred to in paragraph (a) is not appropriate.

37F(4)   [Fair and reasonable conduct]  

The Tribunal must not make a determination under subsection (3) to take action of a kind referred to in paragraph (3)(a) in respect of a complaint under section 15H concerning the conduct of an insurer, or of a representative of an insurer, if the Tribunal is of the view that the conduct of the insurer, or of the representative, was fair and reasonable in all the circumstances.

37F(5)   [Written determination re RSA provider]  

On reviewing the conduct of an RSA provider, or a representative of an RSA provider, that is joined as a party to a complaint under section 15H , the Tribunal must make a determination in writing, so far as concerns the RSA to which the complaint relates, either:

(a) doing all or any of the following:

(i) setting aside the whole or a part of the terms and conditions of the RSA in their application to the complainant;

(ii) varying the terms and conditions of the RSA in their application to the complainant;

(iii) requiring any party to the RSA to repay all money or particular money received under the RSA;

(iv) requiring any party to the RSA to pay any additional interest, worked out in a manner prescribed in the regulations; or

(b) declaring that, in all the circumstances of the case, action of a kind referred to in paragraph (a) is not appropriate.

37F(6)   [Limit of Tribunal powers]  

The Tribunal may only exercise its determination-making power under paragraph (3)(a) or (5)(a) 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 that is the subject of the complaint, no longer exists.