If a complaint cannot be resolved by inquiry/conciliation and has not been withdrawn by the Tribunal, it proceeds to Review. This means the Tribunal will meet to determine the outcome of the complaint. The Tribunal will consist of one or three Members.
Key components of the Review
The Review Process
- The parties receive a "Notice of Review Meeting" together with a copy of documents obtained by the Tribunal.
- They then have an opportunity to provide a written submission for consideration by the Review Meeting of the Tribunal.
- They will receive a copy of any submissions provided to the Tribunal by the other parties to the complaint and will be invited to comment on those submissions.
- The Tribunal will meet to determine the complaint.
- The parties will receive a copy of the Tribunal's decision in due course.
Do the parties need to attend the Review Meeting?
No. The Review Meeting is normally conducted on the basis of the papers on the Tribunal's file. If a party asks to give oral evidence, in exceptional circumstances, the Tribunal may approve the request.
What information is provided to parties?
A bundle of documents is enclosed with the Notice of Review Meeting to make sure that each party is provided with all the information the other parties have provided to the Tribunal. This ensures that the Tribunal makes its decision using information that all parties have seen and all parties have had the opportunity to comment on.
These documents include:
- Copies of the material provided to the Tribunal by the other parties to this complaint.
- A copy of the trust deed (for the parties who do not have a copy) which sets out the powers and duties of the Trustee and provisions relevant to the complaint.
- A copy of any relevant insurance contract (for the parties who do not have a copy).
Assistance in preparing a submission
A party is free to show the documents to any person who is assisting them with preparing their submission. However, strict privacy provisions apply and the exchange of documents between parties is for the purposes of the Review Meeting only and these documents must not be disclosed to any other person for any other purpose.
If you want some person (eg. a lawyer or knowledgeable friend) to be your representative, you must write to the Tribunal and include the reasons why you feel you need to be represented. The Tribunal will then advise you as to whether your request for representation has been granted.
A written submission gives each party the opportunity to :
- Comment on the material provided by the Tribunal.
- Summarise the case.
- Put their case to the Tribunal.
No party is obliged to make a submission.
Can a party comment on the other submissions?
Yes. Each party will receive a copy of the submissions provided to the Tribunal by the other parties to the complaint. They then have an opportunity to respond to those submissions by a set due date.
The Review Meeting
The Tribunal as constituted by one or three Tribunal members, will hold a meeting at which it will review the Fund Trustee/Life Company/RSA provider's disputed decision. The Tribunal will have available to it all the information the parties have provided to the Tribunal except material which was restricted to the conciliation conference. The Tribunal is able to consider evidence that was not available when then the Fund Trustee/Life Company/RSA provider made its original decision.
At the end of this review process, the Tribunal will make a determination. This determination is in writing and will give the Tribunal's reasons for its decision.