What can you expect from us?
At the Superannuation Complaints Tribunal, we deal with complaints about superannuation that have been received on or before 31 October 2018.
New complaints must be made to the Australian Financial Complaints Authority (AFCA). You can learn more about AFCA at www.afca.org.au.
If you send a complaint to the Tribunal on or after 1 November 2018, it will be returned to you with instructions to contact AFCA.
If you lodged a complaint with us on or before 31 October 2018, you can expect one of four possible outcomes for your complaint.
1. Outside jurisdiction
The first thing we do when we receive a complaint is 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 tell you why. We may also refer you to another organisation that may be able to deal with your complaint.
The complaint can be withdrawn either:
- by you; you can withdraw your complaint at any stage in the process
- by the Tribunal; we might withdraw your complaint if, for example, your complaint is misconceived or lacking in substance. If we withdraw your complaint, we will write to you and tell you why.
If the Tribunal can deal with the complaint, we must try to resolve it by conciliation. Conciliation aims to reach a settlement where all parties agree.
If conciliation is unsuccessful and the complaint is not withdrawn, a Tribunal review panel will meet to determine whether the decision or conduct complained about operated unfairly or unreasonably in relation to you in the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.
Once the determination is issued, the complaint is closed. A Tribunal determination is binding on all parties and, if necessary, will be enforced by the Australian Securities and Investments Commission.
If any party to the complaint disagrees with the determination, they can lodge an appeal with the Federal Court on a question of law. For more information regarding appeals, please visit our page, Appealing the determination.
You can also appeal Tribunal decisions to withdraw a complaint or a finding that a complaint is outside the Tribunal's jurisdiction to the Federal Court for judicial review of the decision.
Whatever happens with your complaint, you can expect courtesy and respect from us. We will keep you updated on the progress of your complaint, and answer any queries you may have along the way.