Document ID: chunk:federal_register_of_legislation:C2004A05169:clause:4_37ca
Version: federal_register_of_legislation:C2004A05169
Segment Type: clause
Provision Reference: sch 4 cl 37CA
Character Range: 22731–24186

37CA  Tribunal powers: complaint under section 15CA
 (1) For the purpose of reviewing a decision of a superannuation provider that is the subject of a complaint under section 15CA:
 (a) the Tribunal has all the powers, obligations and discretions that are conferred on the superannuation provider; and
 (b) subject to subsection (4), must make a determination in accordance with subsection (2).
 (2) On reviewing the decision, the Tribunal must make a determination in writing:
 (a) affirming the decision; or
 (b) remitting the matter to which the decision relates to the superannuation provider for reconsideration in accordance with the Tribunal's directions; or
 (c) varying the decision; or
 (d) setting aside the decision and substituting a decision for the decision so set aside.
 (3) The Tribunal may only exercise its determination‑making power under subsection (2) for the purpose of placing the complainant as nearly as practicable in such a position that the unfairness, unreasonableness, or both, that the Tribunal has determined to exist in relation to the superannuation provider's decision to which the complaint relates no longer exists.
 (4) The Tribunal must not do anything under subsection (2) that would be contrary to law.
 (5) The Tribunal must affirm a decision referred to in subsection (2) if it is satisfied that the decision, in its operation in relation to the complainant, was fair and reasonable in all the circumstances.