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SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993


TABLE OF PROVISIONS

           Long Title

   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  
   4AA.    Application of the Criminal Code  
   4A.     Act applies to certain exempt public sector superannuation schemes  
   4B.     Modified meanings of beneficiary, member etc.  
   4C.     Application of Act in relation to Australian Defence Force Cover  
   5.      Act does not apply to an excluded fund  
   5A.     Severable operation of Act so far as complaints concerning death benefits are concerned  

   PART 2--ESTABLISHMENT AND CONSTITUTION OF THE SUPERANNUATION COMPLAINTS TRIBUNAL

   6.      Establishment  
   7.      Membership  
   7A.     Tribunal Chairperson  
   8.      Eligibility for appointment  
   9.      Constitution of Tribunal  
   10.     Disclosure of interests  

   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  

   PART 4--COMPLAINTS, PROCEDURAL MATTERS RELATING TO COMPLAINTS AND COMPLAINTS THE TRIBUNAL CANNOT DEAL WITH

   14AA.   Complaints may be made about discretionary or non-discretionary decisions  
   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  
   15CA.   Complaints about statements given to Commissioner of Taxation by superannuation provider  
   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  
   24AA.   Complaint against superannuation provider: 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  

   PART 5--CONCILIATION OF COMPLAINTS

   27.     Inquiries by Tribunal  
   28.     Tribunal may require attendance at 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  

   PART 6--REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF

           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  
   37CA.   Tribunal powers: complaint under section 15CA  
   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  

   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  

   PART 8--ADMINISTRATIVE PROVISIONS

           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  

           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  

   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.     Reference by Tribunal Chairperson of contraventions of the law or of the governing rules of a fund to APRA or ASIC or both  
   64A.    Reference by Tribunal Chairperson of breaches of terms and conditions to APRA or ASIC or both  
   65.     Failure of a party to a complaint to comply with a determination or direction by the Tribunal  
   66.     Conduct by directors, employees and agents  
   67.     Annual report  
   68.     Regulations  


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