37DTribunal powers—complaints under section 15E

#### 37D Tribunal powers—complaints under section 15E (1) For the purpose of reviewing the conduct of an RSA provider, or of a representative of an RSA provider, that is the subject of a complaint under section 15E concerning the opening of an RSA: (a) the Tribunal has all the powers, obligations and discretions that are conferred on the RSA provider; and (b) subject to subsection (4), must make a determination in accordance with subsection (3). (2) If an insurer has been joined as a party to a complaint under section 15E: (a) the Tribunal must, when reviewing the RSA provider’s conduct, also review any conduct of the insurer that is relevant to the complaint; and (b) for that purpose, has all the powers, obligations and discretions that are conferred on the insurer; and (c) must make a determination in accordance with subsection (5). (3) On reviewing the conduct of an RSA provider, or a representative of an RSA provider, that is the subject of a complaint under section 15E, the Tribunal must make a determination in writing, so far as concerns the RSA to which the complaint relates, either: (a) doing all or any of the following: (i) setting aside the whole or a part of the terms and conditions of the RSA in their application to the complainant; (ii) varying the terms and conditions of the RSA in their application to the complainant; (iii) requiring any party to the RSA to repay all money or particular money received under the RSA; (iv) requiring any party to the RSA to pay any additional interest, worked out in a manner prescribed in the regulations; or (b) declaring that, in all the circumstances of the case, action of a kind referred to in paragraph (a) is not appropriate. (4) The Tribunal must not make a determination under subsection (3) to take action of a kind referred to in paragraph (3)(a) in respect of a complaint under section 15E concerning the conduct of an RSA provider, or of a representative of an RSA provider, if the Tribunal is of the view that the conduct of the RSA provider, or of the representative, was fair and reasonable in all the circumstances. (5) On reviewing the conduct of an insurer, or a representative of an insurer, that has been joined as a party to a complaint under section 15E, the Tribunal must make a determination in writing, so far as concerns the contract of insurance to which the complaint relates, either: (a) doing all or any of the following: (i) setting aside the whole or a part of the terms and conditions of the contract of insurance in their application to the complainant; (ii) varying the terms and conditions of the contract of insurance in their application to the complainant; (iii) requiring any party to the contract of insurance to repay all money or particular money received under the contract; (iv) requiring any party to the contract of insurance to pay any additional interest, worked out in a manner prescribed in the regulations; or (b) declaring that, in all the circumstances of the case, action of a kind referred to in paragraph (a) is not appropriate. (6) The Tribunal may only exercise its determination‑making power under paragraph (3)(a) or (5)(a) 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 conduct that is the subject of the complaint, no longer exists.