Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 6 - REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF  

Division 3 - The review meeting  

SECTION 37G   TRIBUNAL POWERS - COMPLAINTS UNDER SECTION 15J  

37G(1)   [Complaints about insurer decisions]  

For the purpose of reviewing the decision of an insurer in relation to a contract of insurance entered in connection with an RSA where that decision is the subject of a complaint under section 15J :

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

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

37G(2)   [Where RSA provider joined]  

If an RSA provider or another person has been joined as a party to a complaint under section 15J :

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

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

37G(3)   [Determination to be made]  

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

(a) affirming the decision; or

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

37G(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 insurer's decision that is the subject of the complaint, no longer exists.

37G(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 contract of insurance or the RSA.

37G(6)   [Fair and reasonable decision]  

The Tribunal must affirm a decision referred to in subsection (3) if it is 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 insurer) 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.