Complaints and Dispute Resolution Process

Usual process for resolving a complaint from start to finish


Step
1
Making a Complaint to us

�Complaint� means an expression of dissatisfaction made to us by you related to our Covered Services, or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected.

We will advise you on how we propose to resolve it by the earlier of:

  • 21 days or such later time agreed with you in order to obtain information or undertake the relevant assessment or investigation. If a later time is agreed, we will keep you informed of progress on a regular basis as is reasonable in the circumstances; and
  • such time limits required by law or the relevant ASIC-approved external dispute resolution scheme to which we belong.

If the Complaint is resolved and both parties are happy, the issue ends here. If not, the Complaint will proceed to step 2 as a Dispute.

Step
2
Dispute

�Dispute� means an unresolved Complaint.

If a Complaint is unresolved (for example, you tell us you are dissatisfied with our decision on a Complaint, or you or we ask to treat the Complaint as a Dispute) we will follow the procedure below.

We will refer the matter to our internal disputes resolution manager, who will consider and seek to resolve the dispute by the earlier of:

  • 21 days or such later time agreed with you in order to obtain information or undertake the relevant assessment or investigation. If a later time is agreed, the manager will keep you informed of progress on a regular basis as is reasonable in the circumstances; and
  • such time limits required by law or the relevant ASIC-approved external dispute resolution scheme to which we belong.

Our dispute resolution manager will:

  • advise you of any decision they have reached in writing, including clear reasons for the decision; and
  • if they have been unable to resolve a dispute with you through the above process, provide you with information on how you can seek to access the the Financial Ombudsman Service, or such other ASIC-approved independent external dispute resolution scheme we belong to (which is free of charge), as described in step 3 (right), and meet such other requirements of that scheme.

We will make information on our Complaints and Disputes resolution process available to you.

Step
3
Referral of Dispute to Financial Ombudsman Service (FOS)

Dispute Within FOS Terms of Reference

If FOS decides your dispute falls within its Terms of Reference (TOR) it will handle it in accordance with the TOR. Visit www.fos.org.au for more details.

Dispute within code terms

If FOS decides your dispute falls outside its TOR it will arrange, as Code Administrator, to determine if it falls with the terms of the Code. If so, it will follow the process below. See Code Procedures for more detail, located at www.niba.com.au

Reporting breach and resolution by Code Compliance Manager

  • Reporting a breach
    • For an alleged breach to be reviewed the required complaint form must be completed and provided to the Code Compliance Manager by a Client. If appropriate, they will assist the Client in completing the form.
  • Review of Code compliance
    • The Code Compliance Manager may conduct compliance reviews of any Code Member whether a complaint has been received or not.
  • Conciliation process
    • The Code Compliance Manager will, where appropriate, endeavour to resolve alleged breaches of the Code by a Code Member by conciliation. They do not have the power to make any decisions which bind a Code Member or the complainant. They will refer any unresolved matter to the Code Compliance Committee.

Binding determination by Code Compliance Committee

  • The Code Compliance Committee has the power to determine if there is a breach of the Code and make such orders and impose such permitted sanctions as are appropriate on the Code Member.
  • These bind the Code Member but not the complainant.