Superannuation (Resolution of Complaints) Act 1993 (Repealed)
View history note
Hide history noteFor the purpose of reviewing a decision of a superannuation provider that is the subject of a complaint under section 15CA :
(a) the Tribunal has all the powers, obligations and discretions that are conferred on the superannuation provider; and
(b) subject to subsection (4), must make a determination in accordance with subsection (2). 37CA(2) [Content of written determination]
On reviewing the decision, the Tribunal must make a determination in writing:
(a) affirming the decision; or
(b) remitting the matter to which the decision relates to the superannuation provider for reconsideration in accordance with the Tribunal's directions; or
(c) varying the decision; or
(d) setting aside the decision and substituting a decision for the decision so set aside. 37CA(3) [Restitution]
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 superannuation provider's decision to which the complaint relates no longer exists.
37CA(4) [Tribunal bound by law]The Tribunal must not do anything under subsection (2) that would be contrary to law.
37CA(5) [Affirmation of fair and reasonable decision]The Tribunal must affirm a decision referred to in subsection (2) if it is satisfied that the decision, in its operation in relation to the complainant, was fair and reasonable in all the circumstances.
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