Commonwealth Consolidated Acts

SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993 - SECT 15B

             (1)  Subject to subsection (3) and to section 15C, a person may, at any time, complain to the Tribunal that a decision of the insurer under an annuity policy is or was unfair or unreasonable.

             (2)  If a person is given a notice by an insurer in respect of an annuity policy setting out:

                     (a)  the insurer's decision in relation to the person's objection to the proposed payment of a death benefit under the policy; and

                     (b)  the prescribed period within which the person must complain to the Tribunal about the decision;

the person may only complain to the Tribunal within that period.

             (3)  The Tribunal cannot deal with a complaint under this section that must be made within the prescribed period referred to in subsection (2) if the complaint is not made within that period.

             (4)  The Tribunal cannot deal with a complaint under this section unless the decision relates to a matter that is particular to the complainant.

             (5)  A complaint under this section is to be made by sending or delivering a written complaint to the office of the Tribunal.

             (6)  When a complaint is made under this section about a decision of an insurer under an annuity policy, the Tribunal must, in determining whether that decision is or was unfair or unreasonable, have regard, in particular:

                     (a)  to the seriousness of any failure to discharge an obligation under the terms of the policy; and

                     (b)  to any action taken by the insurer that is contrary to the best interests of the insured or any other person having an interest under the policy.

Note:          See section 3 for the definition of annuity policy .