Complaints Handling Changes – Internal Dispute Resolution (IDR)

Complaints Handling (IDR)

What is it?

From 5 October 2021, the law and regulatory guide relevant to how complaints made by retail investors must be handled will change. It applies all AFS Licensees who can offer financial products or services to retail clients.

What will OIG be doing?

OIG will be reviewing our IDR procedures which may include amending the IMA to ensure complaints are referred by managers promptly. It may also require amendments to fund’s constitutions (definition and complaints handling procedure), PDS disclosures and periodic statements.

What OIG expects its managers to do?

Stay informed and if they have an AFS Licence that means they are a “financial firm”, amend their complaints handling process too. OIG expects its managers to work collaboratively with it to implement the necessary changes to comply with the law.

Summary

ASIC has published ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020/98 (Instrument). This contains updated requirements for how “financial firms”¹ deal with consumer and small business complaints under their Internal Dispute Resolution (IDR)
procedures, including reduced timeframes for responding to complaints.

ASIC has also issued Regulatory Guide RG 271 (RG 271), which deals with internal dispute resolution for financial firms, including Australian financial services (AFS) licensees. This updated guide aligns ASIC’s IDR requirements with the statutory regime introduced by the Treasury Laws Amendment (Putting Customers First – Establishment of the Australian Financial Complaints Authority) Act 2018 (Cth).

The instrument applies in relation to complaints received on or after 5 October 2021 by a financial firm. Complaints that are made to financial firms before 5 October 2021 will continue to be dealt with under the requirements in RG 165.

The Instrument and RG 271 form part of ASIC’s attempt to improve how consumer complaints are dealt with across the financial services industry and to make complaints handling performance transparent. Key areas of focus include the fair and timely resolution of complaints and the elimination of systemic issues.

What are the changes?

The Instrument:

  • Sets out new standards and requirements that ASIC has made and approved for the internal dispute resolution procedures (IDR procedures) of financial firms.
  • Clarifies that financial firms must comply with ASIC’s IDR procedures.
  • Modifies the definition of “small business” in relation to IDR in Chapter 7 of the Corporations Act so it aligns with the definition of “small business” in the Rules of the Australian Financial Complaints Authority in relation to external dispute resolution. Under AFCA, a small business is defined as an organisation with less than 100 employees.

RG 271:

  • Introduces reduced timeframes for responding to complaints.
  • Sets out what information firms must include in written IDR responses to allow consumers to decide whether to escalate their complaint.
  • Sets new timeframe requirements for customer advocate reviews of appeals against IDR decisions.
  • Provides guidance about how firms can deal with representatives who are not acting in consumers’ best interests.

What is a complaint?

ASIC has adopted the AS/NZS 10002:2014 definition of ‘complaint’ as:

“[An expression] of dissatisfaction made to or about an organization, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required.”

This is slightly different from the definition of a complaint previously required by ASIC to be included in a registered scheme constitution and accordingly we expect to have to amend the constitution of each registered scheme. OIG will be seeking legal advice that this amendment may be done without a meeting of members as an amendment not adverse to members’ rights.

ASIC maintains that it is unable to provide an exhaustive list of what is and is not a complaint. An issue may still be a “complaint” for the purposes of the IDR even where AFCA does not ultimately have jurisdiction.

A consumer or small business is not required to expressly state the word ‘complaint’ or ‘dispute’, or put their complaint in writing, to trigger a financial firm’s obligation to deal with a matter, according to ASIC’s IDR requirements.

Social media and complaints

ASIC interprets the words ‘or about an organization’ in the definition of complaint covers expressions of dissatisfaction made via social media.

ASIC says that the definition of complaint should only include complaints made on a social media channel or account owned or controlled by the financial firm that is the subject of the post, where the author is both identifiable and contactable.

It says complaints made to a firm on their social media channel or account should not be ‘played out’ publicly. Firms should redirect these complainants to an appropriate, private complaints process in a way that reduces additional friction as far as possible. This should alleviate any privacy concerns or issues with identifying complainants. Where the consumer fails to respond or cannot be identified, this may mean that the complaint cannot be reasonably dealt with.

Timeframes

ASIC has reduced the times allowed for responding to complaints.

ASIC expects that firms will acknowledge a complaint within 24 hours (or one business day) of receiving it, or as soon as practicable.

A financial firm must provide an IDR response to a complainant no later than 30 calendar days after receiving the complaint.

There are also different requirements for complaints closed within five business days of receipt.

Contents of IDR response

RG271 specifies the required content of an IDR response including when a financial firm rejects or partially rejects a complaint mandating the IDR response clearly set out the reasons for the decision to reject the complaint.

A complaint may go through the IDR process but remain unresolved, or may not be resolved within the relevant maximum IDR timeframe. In this instance, the IDR process must require the firm to inform the complainant that they have a right to pursue their complaint with AFCA; and provide
details about how to access AFCA.

IDR process

ASIC expects financial firms to comply with its IDR standards for the design, implementation, and ongoing improvement of financial firms’ IDR processes. ‘Process’ refers to the totality of all procedures, documents, policies, resources, systems, governance and arrangements in place to
manage complaints.

ASIC’s IDR standards reflect the requirements for effective complaint management set out in AS/NZS 10002: 2014 and other matters ASIC considers relevant.

The changes to the IDR will require changes to some registered scheme constitutions where the constitution sets out details of OIG’s complaints handling procedure. We will be seeking legal advice that this amendment may be done without a meeting of members as an amendment not adverse to members’ rights.

Firms should consider a broad range of possible remedies when attempting to resolve complaints.

In terms of complaints, OIG considers that its mangers may play an important role in complaints handling. RG 271 requires firms to –

  • encourage and enable staff to escalate possible systemic issues they identify from individual complaints;
  • regularly analyse complaint data sets to identify systemic issues; and
  • promptly escalate possible systemic issues to appropriate areas within the firm for investigation and action.

Visibility and accessibility

All changes to your Fund’s IDR/complaints processes will need to be widely publicised and will require updates to compliance plans, FSGs, PDSs, periodic statements and all online policies.

Importantly, the IDR process must be free, easy to understand and use and be accessible access to a diverse group of people, including those with disability or language difficulties. Further details can be made available on request.

Firms must continuously review the effectiveness of their IDR communications.


¹For OIG purposes, an AFS Licensee authorised to provide financial products or services to retail clients.

John O’Leary

Director, Corporate Trust

John has over 19 years’ experience in the financial services industry working for a number of both domestic and global organisations. 

Prior to joining OIG, John worked for UBS, State Street, RBC, NAB Asset Servicing and MLC and has extensive experience in investment operations, custody and administration. 

John has a Bachelor of Arts Degree in Accounting and Finance from Athlone Institute of Technology and a post graduate Higher Diploma from Maynooth University. 

Emma Brown

Director, Finance & Taxation

Emma has over 17 years’ experience in accounting and taxation working largely in chartered accounting firms servicing clients from various industries including professional services and real estate. Throughout this time Emma has partnered with various business leaders in delivering quality professional advice and commercial insight. 

Emma has a Bachelor of Commerce from University of Newcastle, is a member of Chartered Accountants ANZ and is a registered tax agent. 

Garry El Hassan

Head of Registry Services

Garry comes to OIG with close to 20 years experience in the Financial Services Industry. Garry’s wide ranging financial services experience encapsulates operational functions within Registry, listed and unlisted asset management, Regulatory Reporting, Systems and Platform Management, AML/CTF Management, Remediation and Complaints  Management, and Deceased Estates Management.  

As systems owner across multiple organisations, Garry has been instrumental in the implementation and development of Registry and Advice systems from inception to maturity. With a history of developing high performing teams and elevating organisational capacity and efficiency, Garry has built a brand in the industry around seeing opportunities for development and transforming them into functional deliverables that have significant uplift for organisations and the clients. 

Notable positions Garry has held include various management roles at Macquarie Wrap Adviser Services, CommSec CBA, State Super Financial Services, First State Super and Aware Super. Garry has a Bachelor’s of Economics/ Managerial Economics from Western Sydney University. 

Monique Sheehan

Director, Client Services

Monique is a highly experienced financial services executive with an extensive background spanning over 25 years. She has held key leadership positions in both domestic and global organisations with experience including investment operations, capital markets, platform operations, custody, fund accounting, and middle office. 

Monique brings her wealth of expertise and professionalism to One Investment Group gained from her diverse roles across Macquarie Bank Ltd, State Street Australia Ltd, Australian Unity, Link Group and OneVue. 

Lisa Wilson

Head of Fund Services

With over 25 years of experience in the Custody and Fund Services industry, Lisa has managed all client operational functions including Fund Accounting, Financial Reporting, Tax, Private Equity, Middle Office, Platform and Unit Registry.  

While initially beginning her career in Fund Accounting, Financial Reporting and Tax, she soon began to build a brand as someone who could take teams through a change journey and has done so on various business transformations including IFRS and TOFA implementations, off-shoring of processes, platform migrations, on-boarding large clients, establishment of new functions and a business closure. Lisa has since been specialising in evolving operating models and leading people through change to build high performing teams. 

With her career spanning across Australia, UK, USA and Luxembourg, Lisa brings a wealth of experience in global and local organisations. Lisa is a CPA and has a Bachelor of Commerce from the University of Western Sydney. 

Tom Hure

Chief Financial Officer

Tom has over 25 years’ experience as a financial executive having led teams at listed, unlisted, joint venture, divisional, national, and government levels. Tom’s industry experience includes financial services, transport, real estate, leasing, funds management, and structured finance.

Prior to joining OIG in January 2022, Tom was Chief Financial Officer of Indigenous Business Australia, an Australian Government entity with an asset base of nearly $2 billion across housing loan, business loan and investment portfolios. Tom has also held senior finance roles at the likes of Transdev Australasia, CIMIC Group, Mirvac, ING Real Estate and Allco Finance Group.

Tom holds a Bachelor of Commerce (Accounting) from the University of Western Sydney, a Master of Commerce (Professional Accounting) from Macquarie University and is a member of Chartered Accountants Australia and New Zealand.

Steve Beland

Head of Sales

Steve has 16 years’ experience in accounting and taxation gained in funds management, corporate and professional services. Prior to joining Unity Fund Services in October 2010, he has held Tax manager roles at both Brookfield Multiplex Ltd and Everest Financial Group Ltd.

Prior to this, Steve worked for Ernst & Young providing general tax advice to corporate clients as well as being involved in a numerous tax due diligence assignments for private equity transactions. He also worked for Horwath as a Supervisor specialising in the provision of taxation and business services to high-net-worth individuals and SME businesses including a secondment to the Chicago (USA) office.

Steve is a Chartered Accountant, Registered Tax Agent and Chartered Tax Adviser of the Tax Institute of Australia. Steve holds a Bachelor of Commerce (Accounting) and Master of Taxation from the University of Sydney.

Michael Sutherland

Head of Corporate Trustee Services

Michael has over 25 years’ experience in the financial services industry including 12 years’ experience in providing trustee, custody and administration services to the debt capital markets and funds management industry.  

In this time Michael spent 7 years at Perpetual Limited where he was a senior lawyer in Perpetual’s legal teams. Michael has also spent a number of years in other business and legal roles including working in large, medium and boutique fund managers, retail banks, investment banks, structured credit providers and hedge funds, such as ANZ, ABN AMRO, AMP, Everest and Absolute Capital.  

Michael also has experience acting as an executive director of Responsible Entities, ASX listed companies (executive director and company secretary) and acting as a member of investment, product, risk, audit and compliance committees. 

Michael holds a Bachelor of Laws from University of Technology Sydney and a Bachelor of Arts from Macquarie University. He is a member of the Australian Securitisation Forum, the Property Funds Association, the Banking and Financial Services Law Association and holds a current practicing certificate from the NSW Law Society. 

Sarah Wiesener

Head of Legal, Risk and Compliance

Sarah is a lawyer with over 20 years’ experience in the financial services arena across a range of roles, structures and asset classes.

She is a Chartered Company Secretary and has acted as Company Secretary to a number of listed property funds.

Sarah has been head of compliance for a number of listed property funds. She has been a member of investment committees and provided support to audit, risk, and compliance committees as well as remuneration and nomination committees.

Sarah has experience in structuring complex capital markets transactions in domestic and overseas jurisdictions (primarily debt, securitisation and collaterised debt structures) and has worked closely with management on a number of fund management products for wholesale and retail investors.

Sarah holds a Bachelor of Laws from Bristol University (Honours) and holds a current NSW practising certificate.

Frank Tearle

Founder & Chief Executive Officer

Frank co-founded One Investment Group in 2009, and since December 2018 has acted as its chief executive officer. 

Before founding One Investment Group, Frank spent 6 years working at a structured finance and funds management business.  He held a variety roles including  General Counsel, a fund manager of two funds and interim head of the Hong Kong office. 

Prior to this corporate experience, Frank was a practicing lawyer with more than 10 years’ experience working in major law firms in Australia and the United Kingdom, specialising in mergers and acquisitions, capital markets, funds management and corporate governance. 

Frank has been a non-executive director of several companies, including the corporate manager of a Singapore listed property trust and an APRA regulated insurance company. 

Frank has a Masters in International Business Law from the University of Technology, Sydney and a Bachelor of Law (with Honours) from the University of Leicester.