Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (3) to (6) and section 15G, a person may, at any time, make a complaint (other than an excluded complaint) to the Tribunal, that a decision of an RSA provider in relation to a particular RSA holder or former RSA holder, is or was unfair or unreasonable.
Note: Although a complaint is about a decision of an RSA provider, the Tribunal may join an insurer and any other person, as parties to the complaint (see subsection 18(3A)). The Tribunal may then review any decision of the person joined that may be relevant to the complaint.
(2) If a person is given a notice by an RSA provider in respect of an RSA setting out:
(a) the RSA provider's decision in relation to the person's objection to the proposed payment of a death benefit under the RSA; 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 to the extent that it relates to the management as a whole of:
(a) an RSA provider; or
(b) an RSA provider's business; or
(c) an RSA provider's investments.
(5) The Tribunal cannot deal with a complaint under this section about a decision of an RSA provider relating to the payment of a disability benefit because of total and permanent disability unless the complaint is made within a period of one year after the making of the decision to which the complaint relates.
(6) The Tribunal cannot deal with a complaint under this section about a decision of an RSA provider relating to the payment of a disability benefit because of total and permanent disability if:
(a) before the making of the decision, the person permanently ceased particular employment because of the physical or mental condition that gave rise to the claim for disability benefit; and
(b) the claim was not lodged, or is not lodged, with the RSA provider, within one year after the person permanently ceased that employment because of that physical or mental condition.
(7) Without limiting the meaning of a decision of an RSA provider relating to the payment of a disability benefit in any other provision of this Act, that expression means, for the purposes of subsections (5) and (6), the original decision of the RSA provider in relation to the matter.
(8) For the purposes of subsection (7), if, as a result of a complaint about the original decision of the RSA provider under arrangements made under section 47 of the Retirement Savings Accounts Act 1997 , the original decision was confirmed or varied, or another decision was substituted for the original decision:
(a) the decision as so confirmed or varied, or the substituted decision, is taken to be the original decision; and
(b) the decision as so confirmed or varied, or the substituted decision, is taken to have been made at the time when the original decision was made.
(9) A complaint under this section is to be made by sending or delivering a written complaint to the office of the Tribunal.
(10) When a complaint is made under this section about a decision of an RSA provider under an RSA, 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 RSA; and
(b) to any action taken by the RSA provider that is contrary to the best interests of the RSA holder or any other person having an interest under the RSA.
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