Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 4 - COMPLAINTS, PROCEDURAL MATTERS RELATING TO COMPLAINTS AND COMPLAINTS THE TRIBUNAL CANNOT DEAL WITH  

SECTION 24   GIVING MATERIAL DOCUMENTS TO THE TRIBUNAL  

24(1)   [Document to be given by trustee, insurer or RSA provider]  

Subject to subsection (4), if, in relation to a complaint under section 14 , 14A , 15A , 15B , 15E , 15F , 15H or 15J , a trustee, insurer or RSA provider is notified under section 17 of the making of the complaint, the trustee, insurer or RSA provider must, within 28 days after receiving the notice or such longer period as the Tribunal allows, give to the Tribunal a copy of all documents or parts of documents:

(a) that are in the possession, or under the control, of the trustee, insurer or RSA provider; and

(b) that are considered by the trustee, insurer or RSA provider to be relevant to the complaint.

24(2)   [Provision within 28 days]  

Subject to subsection (4), if, in relation to a complaint under section 14 , 14A , 15E , 15F , 15H , or 15J , a relevant person (as determined under subsection (3)) is notified under section 17A that the person has been joined as a party to the complaint under section 18 , the person must, within 28 days after receiving notice of the joinder, or such longer period as the Tribunal allows, give to the Tribunal a copy of all documents or parts of documents:

(a) that are in the possession, or under the control, of the person; and

(b) that are considered by the person to be relevant to the complaint.

24(3)    
The following table sets out the persons who are relevant persons for the purposes of subsection (2) in relation to particular complaints:

Relevant persons for the purposes of subsection (2)
Item	Section under which complaint is made	Relevant persons
1	14	insurer or other decision-maker
2	14A	insurer
3	15E	insurer
4	15F	insurer or other decision-maker
5	15H	RSA provider
6	15J	RSA provider or other decision-maker

24(4)   [Summary of documents may be allowed]  

The Tribunal may, on a request being made by the trustee, an insurer, the RSA provider or another decision-maker, allow the trustee, insurer, RSA provider or other decision-maker to give a summary of all documents or relevant parts of documents referred to in subsection (1), (2) or (3), as the case requires, within the period allowed by the Tribunal for the purpose.

24(5)   [Request to give summary of documents]  

A request under subsection (4) must be made within the period allowed for giving the Tribunal copies of documents or parts of documents under subsection (1), (2) or (3) or such longer period as the Tribunal allows under that subsection.

24(6)   [Documents to be given by person joined as party]  

If:

(a) in relation to a complaint under section 14 , a person other than an insurer or other decision-maker is notified under subsection 17A(1) ; or

(b) in relation to a complaint under section 14A , a person other than an insurer is notified under subsection 17A(2) ; or

(c) in relation to a complaint under section 15A , 15B , 15E , 15F , 15H or 15J , a person is notified under subsection 17A(3) ;

that the person has been joined as a party to the complaint, the Tribunal may, by notice in writing given to the person before, or while, the complaint is being dealt with, require the person to give to the Tribunal, within a period specified in the notice or such longer period as the Tribunal allows, copies of such documents relevant to the complaint as the Tribunal specifies in the notice.

24(7)   [Penalty for non-compliance]  

The trustee, insurer, RSA provider, other decision-maker or any other person joined as a party to the complaint, must not intentionally or recklessly refuse or fail to comply with this section.

Penalty: Imprisonment for 6 months.