Affirm the original decision made by the Fund Trustee/Life Company/RSA provider; or
Remit the matter to the Fund Trustee/Life Company/RSA provider or other decision maker for reconsideration of its decision in accordance with the directions of the Tribunal; or
Vary the decision; or
Set aside the decision and substitute its own decision.

Note: If the Tribunal is satisfied that the decision in its operation in relation to the complainant was fair and reasonable in all the circumstances, then the Tribunal must affirm the decision. (In death benefit reviews, other persons with an interest who have been joined as a party must be considered.)

Where a determination relates specifically to the sale of life policies and annuity policies the Tribunal may do all or any of the following:

Set aside the whole or part of the policy as it applies to the complainant.
Vary the terms of the policy.
Require any party to the policy to repay monies received under a policy with appropriate interest.

Implementation of Determinations

The Fund Trustee/Life Company/RSA Provider must implement the decision of the Tribunal. If the Fund Trustee/Life Company/RSA Provider fails to do so, the Australian Securities and Investments Commission can use its extensive powers, on the complainant's behalf, to enforce the Tribunal's decision. These may include court action for a performance injunction requiring the Fund Trustee/Life Company/RSA Provider to implement the decision of the Tribunal.

How long do you have to wait for a determination?

It is not possible to estimate the time it will take to issue a particular determination as many factors (eg the complexity of the circumstances surrounding the complaint) affect how long it takes for the determination to be drafted, written and signed off by the Tribunal Members.