Superannuation Industry (Supervision) Legislation Amendment Act 1995 (144 of 1995)
Schedule 5 AMENDMENTS OF THE SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993
42 Section 17
Repeal the section, substitute:
Notification procedures on receipt of a complaint
"17.(1) If the complainant sends or delivers a complaint under section 14 or 14A to an office of the Tribunal, the Tribunal must:
(a) by notice in writing given to the complainant, acknowledge receipt of the complaint; and
(b) by notice in writing given to the trustee concerned:
(i) tell the trustee that a complaint has been made to the Tribunal and identify the complainant; and
(ii) give details of the complaint; and
(iii) tell the trustee of the trustee's obligations under section 24.
"(2) If the complainant sends or delivers a complaint under section 15A or 15B to an office of the Tribunal, the Tribunal must:
(a) by notice in writing given to the complainant, acknowledge receipt of the complaint; and
(b) by notice in writing given to the insurer concerned:
(i) tell the insurer that a complaint has been made to the Tribunal and identify the complainant; and
(ii) give details of the complaint; and
(iii) tell the insurer of the insurer's obligations under section 24.
Notification procedures relating to other persons joined or seeking to be joined as parties "17A.(1) If:
(a) a person has made a complaint under section 14; and
(b) the Tribunal decides, under subsection 18(1), that an insurer or other decision-maker or any other person should be joined as a party to the complaint;
the Tribunal must, by notice in writing given to the new party and to all of the existing parties to the complaint:
(c) tell them that it has so decided and of its reasons for so deciding; and
(d) tell the new party of the party's obligations under section 24.
"(2) If:
(a) a person has made a complaint under section 14A; and
(b) the Tribunal decides, under subsection 18(2), that an insurer or other person should be joined as a party to the complaint;
the Tribunal must, by notice in writing given to the new party and to all of the existing parties to the complaint:
(c) tell them that it has so decided and of its reasons for so deciding; and
(d) tell the new party of the party's obligations under section 24.
"(3) If:
(a) a person has made a complaint under section 15A or 15B; and
(b) the Tribunal decides, under subsection 18(3), that a person should be joined as a party to the complaint;
the Tribunal must, by notice in writing given to the new party and to all of the existing parties to the complaint:
(c) tell them that it has so decided and of its reasons for so deciding; and
(d) tell the new party of the party's obligations under section 24.
"(4) If:
(a) a person has made a complaint under section 14, 14A, 15A or 15B; and
(b) a person has applied to be made a party to the complaint (whether under section 24A or otherwise); and
(c) the Tribunal decides that the person does not have a sufficient interest to be joined under paragraph 18(1)(e), (2)(d) or (3)(c), as the case requires, as a party to the complaint;
the Tribunal must, by notice in writing given to the applicant, tell the applicant that it has so decided and of its reasons for so deciding.".