Superannuation (Resolution of Complaints) Act 1993 (Repealed)

SECTION 48B NOTICE TO PARTIES TO A COMPLAINT  
48B(1)
This section applies if the Tribunal has tried to settle a complaint by conciliation under Part 5 but has not been successful.

48B(2)
The Tribunal must give written notice to the parties to the complaint telling them that if, within 28 days after the date of receipt of the notice or within such further period as the Tribunal allows:

(a) the complainant, trustee, insurer or other person to whose decision or conduct the complaint relates, and any other parties to the complaint who wish to do so, enter into an agreement, in a form approved by the Tribunal, to refer the complaint to arbitration by the Tribunal; and

(b) the arbitration agreement is lodged with the Tribunal;

the Tribunal will conduct an arbitration in respect of the complaint in so far as it affects the parties entering into the arbitration agreement.

48B(3)
A notice under subsection (2) must be accompanied by a form of arbitration agreement approved by the Tribunal.

48B(4)
An arbitration agreement does not have any effect for the purposes of this Part unless:

(a) it is executed, by the parties entering into it, under seal as a deed; and

(b) it nominates the law of a particular State or Territory (the nominated State or Territory ) as being the law that is to govern the operation of the agreement.

48B(5)
If an arbitration agreement referring a complaint to arbitration by the Tribunal is entered into, the Tribunal must conduct an arbitration in respect of the complaint in so far as it affects the parties to the arbitration.

48B(6)
The parties to the arbitration are the parties to the complaint who have entered into the arbitration agreement.