Commonwealth Consolidated Acts

SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993 - SECT 18

             (1)  The parties to a complaint under section 14 are:

                     (a)  the complainant; and

                     (b)  the trustee; and

                     (c)  if the subject matter of the complaint relates to a death benefit or a disability benefit under a contract of insurance between the trustee and an insurer and the Tribunal decides that the insurer should be a party to the complaint--the insurer; and

                     (d)  if the subject matter of the complaint relates to a disability benefit (whether under a contract of insurance or otherwise) and the Tribunal decides that a person other than a trustee or insurer is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise)--that person; and

                     (e)  if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint--that person.

             (2)  The parties to a complaint under section 14A concerning a decision to admit a person to a life policy fund are:

                     (a)  the complainant; and

                     (b)  the trustee; and

                     (c)  if the Tribunal decides that the insurer who issued to the trustee a life policy covering the life of the person to whom the complaint relates should be a party to the complaint--the insurer; and

                     (d)  if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint--that person.

             (3)  The parties to a complaint under section 15A or 15B are:

                     (a)  the complainant; and

                     (b)  the insurer; and

                     (c)  if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint--that person.

       (3AA)  The parties to a complaint under section 15CA are:

                     (a)  the complainant; and

                     (b)  the superannuation provider; and

                     (c)  if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint--that person.

          (3A)  The parties to a complaint under section 15E or 15F are:

                     (a)  the complainant; and

                     (b)  the RSA provider; and

                     (c)  if the subject matter of the complaint relates to a death benefit or a disability benefit in relation to a contract of insurance relating to an RSA, and the Tribunal decides that the insurer should be a party to the complaint--the insurer; and

                     (d)  if the subject matter of the complaint relates to a disability benefit (whether in relation to a contract of insurance or otherwise) and the Tribunal decides that a person other than an RSA provider or insurer is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise)--that person; and

                     (e)  if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint--that person.

          (3B)  The parties to a complaint under section 15H or 15J are:

                     (a)  the complainant; and

                     (b)  the insurer; and

                     (c)  if the subject matter of the complaint relates to a death benefit or a disability benefit in relation to a contract of insurance relating to an RSA and the Tribunal decides that the RSA provider should be a party to the complaint--the RSA provider; and

                     (d)  if the subject matter of the complaint relates to a disability benefit (whether in relation to a contract of insurance or otherwise) and the Tribunal decides that a person other than an RSA provider or insurer is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise)--that person; and

                     (e)  if any other person has applied to the Tribunal to be made a party to the complaint (whether under section 24A or otherwise) and the Tribunal decides that the person should be a party to the complaint--that person.

             (4)  Nothing in this section implies that a person cannot be joined under this section as a party to a complaint after the Tribunal has started to deal with the complaint.