SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

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

SECTION 18   PARTIES TO A COMPLAINT  

18(1)   [Parties to complaint under s 14]  

The parties to a complaint under section 14 are:


(a) the complainant; and


(b) the trustee; and


(c) if the subject matter of the complaint relates to a death benefit or a disability benefit under a contract of insurance between the trustee and an insurer and the Tribunal decides that the insurer should be a party to the complaint - the insurer; and


(d) if the subject matter of the complaint relates to a disability benefit (whether under a contract of insurance or otherwise) and the Tribunal decides that a person other than a trustee or insurer is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise) - that person; and


(e) if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint - that person.

18(2)   [Parties to complaint under s 14A]  

The parties to a complaint under section 14A concerning a decision to admit a person to a life policy fund are:


(a) the complainant; and


(b) the trustee; and


(c) if the Tribunal decides that the insurer who issued to the trustee a life policy covering the life of the person to whom the complaint relates should be a party to the complaint - the insurer; and


(d) if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint - that person.

18(3)   [Parties to complaint under s 15A or 15B]  

The parties to a complaint under section 15A or 15B are:


(a) the complainant; and


(b) the insurer; and


(c) if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint - that person.

18(3AA)   [Complaints re statement given to Commissioner of Taxation]  

The parties to a complaint under section 15CA are:


(a) the complainant; and


(b) the superannuation provider; and


(c) if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint - that person.

18(3A)   [Complaints re RSA providers]  

The parties to a complaint under section 15E or 15F are:


(a) the complainant; and


(b) the RSA provider; and


(c) if the subject matter of the complaint relates to a death benefit or a disability benefit in relation to a contract of insurance relating to an RSA, and the Tribunal decides that the insurer should be a party to the complaint - the insurer; and


(d) if the subject matter of the complaint relates to a disability benefit (whether in relation to a contract of insurance or otherwise) and the Tribunal decides that a person other than an RSA provider or insurer is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise) - that person; and


(e) if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint - that person.

18(3B)   [Complaints re insurers]  

The parties to a complaint under section 15H or 15J are:


(a) the complainant; and


(b) the insurer; and


(c) if the subject matter of the complaint relates to a death benefit or a disability benefit in relation to a contract of insurance relating to an RSA and the Tribunal decides that the RSA provider should be a party to the complaint - the RSA provider; and


(d) if the subject matter of the complaint relates to a disability benefit (whether in relation to a contract of insurance or otherwise) and the Tribunal decides that a person other than an RSA provider or insurer is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise) - that person; and


(e) if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint - that person.

18(4)   [Joinder of other parties]  

Nothing in this section implies that a person cannot be joined under this section as a party to a complaint after the Tribunal has started to deal with the complaint.




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