What can you expect?

There are four possible outcomes for a complaint. 

  1. Outside jurisdiction

    The first thing the Tribunal does when it receives a complaint is to decide if we can deal with it (i.e. if it is within our jurisdiction).  If we do not have jurisdiction, we will write to you and give you reasons why.  We may also refer you to another organisation that may be able to deal with your complaint.
  1. Withdrawal
  • By you. You can withdraw your complaint at any stage in the process.
  • By the Tribunal. The Tribunal might withdraw your complaint if, for example, your complaint is misconceived or lacking in substance.
  1. Conciliation

    If the Tribunal can deal with the complaint, it must try to resolve it by conciliation. Conciliation aims to reach a settlement where all parties agree.
  1. Review

    If conciliation is unsuccessful, the Tribunal must review the complaint. A Tribunal review panel will meet to determine whether the decision or conduct complained about operated unfairly or unreasonably in relation to you in the circumstances. This will focus on the consequence or outcome of the decision in its practical operation and any loss or detriment arising.

    A Tribunal determination is binding on all parties and, if necessary, will be enforced by the Australian Securities and Investment Commission.

    Appeals against Tribunal determinations can be made to the Federal Court but only on a question of law.

    Appeals against Tribunal decisions to withdraw a complaint or that a complaint is outside the Tribunal's jurisdiction can be made to the Federal Court for judicial review of the decision.

    Click to view the Lifecycle of a complaint PDF >>