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Superannuation (Resolution of Complaints) Act 1993
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Department of the Treasury
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C2025C00222 (C05)
02 June 1997
-
04 June 1997
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Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Definition of decision made by a trustee, insurer, RSA provider or another decision maker
4A Act applies to certain exempt public sector superannuation schemes
5 Act does not apply to an excluded fund
5A Severable operation of Act so far as complaints concerning death benefits are concerned
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Part 2—Establishment and constitution of the Superannuation Complaints Tribunal
6 Establishment
7 Membership
8 Eligibility for appointment
9 Constitution of Tribunal
10 Disclosure of interests
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Part 3—Objectives and functions of the Tribunal
11 Tribunal objectives
12 Functions
13 Tribunal to issue a memorandum explaining how complaints are to be dealt with
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Part 4—Complaints, procedural matters relating to complaints and complaints the Tribunal cannot deal with
14 Complaints about decisions of trustees other than decisions to admit persons to life policy funds
14A Complaints about decisions of trustees to admit persons to life policy funds
15 Who may make a complaint under section 14
15A Complaints about conduct of insurers concerning sale of annuity policies
15B Complaints about decisions of insurers under annuity policies
15C Who may make a complaint under section 15B
15D Tribunal cannot deal with certain complaints
15E Complaints about conduct of RSA providers concerning opening of RSAs
15F Complaints about decisions of RSA providers
15G Who may make a complaint under section 15F
15H Complaints about conduct of insurers concerning sale of insurance benefits
15J Complaints about decisions of insurers
15K Who may make a complaint under section 15J
16 Tribunal to help complainants to make complaints
17 Notification procedures on receipt of a complaint
17A Notification procedures relating to other persons joined or seeking to be joined as parties
18 Parties to a complaint
19 Tribunal not to deal with complaint unless the complainant has attempted to have the matter resolved
20 Tribunal not to deal with complaint if subject matter of complaint is subject of court proceedings
21 Withdrawal of complaint
22 Power to treat a complaint as having been withdrawn
22A Tribunal may refer complaint or part complaint to other complaint handling body
23 Right to representation in relation to a complaint
24 Giving material documents to the Tribunal
24A Other parties may join a complaint
25 Power to obtain information and documents
26 Operation and implementation of a decision that is subject to a complaint
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Part 5—Conciliation of complaints
27 Inquiries by Tribunal
28 Requests to attend conciliation conferences
29 Conferences may be conducted by telephone or other means of communication
30 Statements at conference to be privileged
31 Tribunal to implement settlements
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Part 6—Review of decisions or conduct complained of
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Division 1—Preliminary procedures
32 Arrangements for review meetings
Division 2—How the Tribunal informs itself about the decision or conduct under review
33 Submissions to Tribunal
34 Tribunal meetings
35 Tribunal may allow telephone and other submissions
Division 3—The review meeting
36 Meeting procedure
37 Tribunal powers—complaints under section 14
37A Tribunal powers—complaints under section 14A
37B Tribunal powers—complaints under section 15A
37C Tribunal powers—complaints under section 15B
37D Tribunal powers—complaints under section 15E
37E Tribunal powers—complaints under section 15F
37F Tribunal powers—complaints under section 15H
37G Tribunal powers—complaints under section 15J
38 Meeting to be private
39 Reference of questions of law to Federal Court
40 Tribunal to give reasons
41 Operation of determination
Division 4—Other procedural matters
42 Adjournment of review meetings
43 Evidence of determination
Division 5—Notification of determination and appeal rights
44 Notification of determination
45 Notification of appeal rights
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Part 7—Appeals
46 Appeals to Federal Court of Australia from determinations of the Tribunal
47 Operation and implementation of a determination that is subject to appeal
48 Sending of documents to, and disclosure of documents by, the Federal Court
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Part 8—Administrative provisions
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Division 1—Administrative provisions relating to Tribunal Chairperson and Deputy Chairperson
49 Terms and conditions of appointment
50 Remuneration and allowances
51 Leave of absence
52 Resignation
53 Termination of appointment
54 Acting Tribunal Chairperson or Deputy Chairperson
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Division 2—Administrative provisions relating to other Tribunal members
55 Terms and conditions of appointment
56 Remuneration and allowances
57 Resignation
58 Termination of appointment
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Part 9—Miscellaneous
59 Certain powers of the Tribunal to be exercised by Tribunal Chairperson or staff member
60 Legal professional privilege
61 Liability for damages
62 Staff and facilities
63 Secrecy
64 Tribunal Chairperson to refer contraventions of the law or of the governing rules of a fund to the Commissioner
64A Tribunal chairperson to refer breaches of terms and conditions to the Commissioner
65 Failure of a party to a complaint to comply with a determination or direction by the Tribunal
66 Conduct by directors, servants and agents
67 Annual report
68 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history