Code General Standards
Meet any relevant standard required by law
Under the Corporations Act any Australian Financial Services Licensees providing financial services to persons as retail clients must have a dispute resolution system complying with the following requirements:
- an internal dispute resolution procedure that complies with standards, and requirements, made or approved by ASIC - See ASIC Regulatory Guide RG 165; and
- membership of an ASIC approved external dispute resolution schemes (Most Code Members would belong to AFCA), that covers complaints against the licensee made by retail clients in connection with the provision of all financial services covered by the licence.
The Code General Standards are designed not to be inconsistent with the ASIC guidance regarding internal complaints and disputes handling process for Covered Services (e.g the definition of a "complaint" is practically the same but adapted for Code purposes), having regard to the fact that the Code covers more than retail client complaints and disputes.
Code Members need to ensure that for retail clients they meet any applicable specific ASIC requirements, especially regarding time limits.