Superannuation Industry (Supervision) Legislation Amendment Act 1995 (144 of 1995)

Schedule 5   AMENDMENTS OF THE SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

52   Section 24

Repeal the section, substitute:

Giving material documents to the Tribunal

"24.(1) Subject to subsection (4), if, in relation to a complaint under section 14, 14A, 15A or 15B, a trustee or insurer is notified under section 17 of the making of the complaint, the trustee or insurer must, within 28 days after receiving the notice or such longer period as the Tribunal allows, give to the Tribunal a copy of all documents or parts of documents:

(a) that are in the possession, or under the control, of the trustee or insurer; and

(b) that are considered by the trustee or insurer to be relevant to the complaint.

"(2) Subject to subsection (4), if, in relation to a complaint under section 14, an insurer or other decision-maker is notified under subsection 17A(1) that the insurer or other decision-maker has been joined under section 18 as a party to the complaint, the insurer or other decision-maker must, within 28 days after receiving notice of the joinder, or such longer period as the Tribunal allows, give to the Tribunal a copy of all documents or parts of documents:

(a) that are in the possession, or under the control, of the insurer or other decision-maker; and

(b) that are considered by the insurer or other decision-maker to be relevant to the complaint.

"(3) Subject to subsection (4), if, in relation to a complaint under section 14A, an insurer is notified under subsection 17A(2) that the insurer has been joined under section 18 as a party to the complaint, the insurer must, within 28 days after receiving notice of the joinder, or such longer period as the Tribunal allows, give to the Tribunal a copy of all documents or parts of documents:

(a) that are in the possession or under the control of the insurer; and

(b) that are considered by the insurer to be relevant to the complaint.

"(4) The Tribunal may, on a request being made by the trustee, an insurer or another decision-maker, allow the trustee, insurer or other decision-maker to give a summary of all documents or relevant parts of documents referred to in subsection (1), (2) or (3), as the case requires, within the period allowed by the Tribunal for the purpose.

"(5) A request under subsection (4) must be made within the period allowed for giving the Tribunal copies of documents or parts of documents under subsection (1), (2) or (3) or such longer period as the Tribunal allows under that subsection.

"(6) If:

(a) in relation to a complaint under section 14, a person other than an insurer or other decision-maker is notified under subsection 17A(1); or

(b) in relation to a complaint under section 14A, a person other than an insurer is notified under subsection 17A(2); or

(c) in relation to a complaint under section 15A or 15B, a person is notified under subsection 17A(3);

that the person has been joined as a party to the complaint, the Tribunal may, by notice in writing given to the person before, or while, the complaint is being dealt with, require the person to give to the Tribunal, within a period specified in the notice or such longer period as the Tribunal allows, copies of such documents relevant to the complaint as the Tribunal specifies in the notice.

"(7) The trustee, insurer, other decision-maker or any other person joined as a party to the complaint, must not intentionally or recklessly refuse or fail to comply with this section.

Penalty: Imprisonment for 6 months.".