Financial Sector Legislation Amendment Act (No. 1) 2003 (116 of 2003)

Schedule 7   Superannuation (Resolution of Complaints) Act 1993

13   Section 28

Repeal the section, substitute:

28 Tribunal may require attendance at conciliation conferences

(1) The purpose of this section is to help the Tribunal to settle a complaint in accordance with section 27.

(2) The Tribunal may, if it thinks it desirable to do so after considering any documents given to it, by notice in writing given to:

(a) each party to the complaint; and

(b) any other person:

(i) who, in the Tribunal's opinion, is likely to be able to provide information relevant to the settlement of the complaint; or

(ii) whose presence at the conference would, in the Tribunal's opinion, be likely to be conducive to settling the complaint;

require the party or other person to attend a conciliation conference.

(3) The notice must also fix the date, time and place for the conference.

(4) If the complainant fails to attend the conference, the Tribunal may deal with the complaint as if it had been withdrawn by the complainant under section 21.

(5) A person, other than the complainant, commits an offence if he or she does not attend a conference when required to do so under this section.

Penalty: 30 penalty units or imprisonment for 6 months.

(6) If a party attending a conference is not proficient in English, the Tribunal may recommend that communication with the party at the conference proceed through an interpreter.

(7) The Tribunal is to formulate in writing, and make available to the public in any way that it thinks appropriate, guidelines indicating the kinds of circumstances in which it would ordinarily require persons to attend a conciliation conference.