SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

PART 6 - REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF  

Division 3 - The review meeting  

SECTION 37A   TRIBUNAL POWERS - COMPLAINTS UNDER SECTION 14A  

37A(1)   [Tribunal's powers when reviewing decision of trustee]  

For the purpose of reviewing the decision of a trustee that is the subject of a complaint under section 14A :


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


(b) subject to subsection (7), must make a determination in relation to the trustee's decision in accordance with subsection (2).

37A(2)   [Tribunal's determination]  

On reviewing the decision of the trustee that is the subject of a complaint under section 14A , the Tribunal must make a determination in writing:


(a) affirming the decision; or


(b) remitting the matter to which the decision relates to the trustee 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.

37A(3)   [Tribunal's determination concerning life policy]  

If an insurer has been joined as a party to a complaint under section 14A , the determination of the Tribunal must also, so far as concerns the life policy covering the person to whom the complaint relates, either:


(a) do all or any of the following:


(i) set aside the whole or a part of the policy in its application to the complainant;

(ii) vary the terms of the policy in their application to the complainant;

(iii) require any party to the policy to repay all money or particular money received under the policy, together with interest worked out in the manner prescribed in the regulations; or


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

37A(4)   [Other remedies relating to determination concerning life policy]  

On reviewing a decision of the trustee that is the subject of a complaint under section 14A , the Tribunal may do all or any of the following:


(a) cancel the complainant's membership of the fund to which the complaint relates or of any sub-plan of the fund;


(b) vary the governing rules of the fund in their application to the complainant;


(c) require one or both of the complainant and the trustee to repay all or any money received in relation to the fund together with interest worked out in the manner prescribed in the regulations.

37A(5)   [Extent of determination]  

The Tribunal may only exercise its powers in subsections (2), (3) and (4) 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 trustee's decision that is the subject of the complaint under section 14A no longer exists.

37A(6)   [Determination must not be contrary to law or governing rules]  

The Tribunal must not do anything under subsection (2) that would be contrary to law or, subject to paragraph (4)(b), to the governing rules of the fund.

37A(7)   [Decision to be affirmed if fair and reasonable]  

The Tribunal must:


(a) affirm a decision mentioned in subsection (2); and


(b) if an insurer has been joined as a party to the complaint relating to the decision - make a declaration under paragraph (3)(b);

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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