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.".