If a complaint has not been resolved by conciliation and has not been withdrawn by the Tribunal, it proceeds to review. This means a Tribunal panel will meet to determine whether the decision or conduct complained about operated unfairly or unreasonably in relation to you in the circumstances. See The Determination
- The review process
- Do I need to attend the review meeting?
- What information is provided to parties?
- Assistance in preparing a submission
- Can I comment on the other submissions?
- The review meeting
The review process
- You and the other parties to the complaint will receive a 'Notice of Review Meeting' together with a copy of documents provided to the Tribunal by each party.
- All parties then have an opportunity to provide written submissions for consideration by the Tribunal members.
- All parties will receive a copy of any submissions provided to the Tribunal by any other parties to the complaint and will be invited to comment on those submissions.
- The Tribunal members will meet to determine the complaint.
- The Tribunal will advise you, and any other party to the complaint, in writing of its determination and the reasons for the determination. The Tribunal aims to issue the determination within 8 weeks of the date of the review meeting.
Do I 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 you ask 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 an opportunity to comment on.
These documents include:
- Copies of the material provided to the Tribunal by the other parties to the 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
You are free to show the documents to anyone who is assisting you prepare your submission. However, the exchange of information between parties is for the purposes of the review meeting only and must not be disclosed for any other purpose.
If you want someone (e.g. 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.
You may make a written submission to:
- Comment on the material provided by the Tribunal
- Summarise the case
- Put your case to the Tribunal
You are not 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. You then have an opportunity to respond to those submissions by a set due date.
The review meeting
The Tribunal, as constituted by one or two Tribunal members, will meet to review the superannuation provider's disputed decision. The Tribunal Chairperson has formulated guidelines setting out how the Tribunal will usually be constituted for the purposes of dealing with different classes of complaints (see below).
The Tribunal members will have available to them all the information the parties have provided to the Tribunal except material which was restricted to the conciliation conference. The Tribunal members are able to consider evidence that was not available when then the superannuation provider made its original decision.
The review meeting will be conducted in accordance with the procedural rules established by the Tribunal Chairperson (see below). At the end of this review process, the Tribunal members will make a determination. This determination is in writing and will give reasons for the decision.