DPM Incidents Complaints and Dispute Resolution Policy

DPM Incidents Complaints and Dispute Resolution Policy Prepared for Internal and external use Version September 2015 Contact The Dispute Resolution Manager

Table of Contents Introduction and overview... 3 1. Responsibility... 3 2. Policy... 4 3. Procedure... 5 1.1. General Notification... 5 1.2. The complainant s issue will be referred to the most appropriate person to manage the complaint;... 5 4. Dealing with complaints... 6 1.1. The Dispute Resolution Manager will:... 6 1.2. Timeframes and Limitations... 6 1.3. Oral Complaints Guidelines for employees, partners, representatives... 7 1.4. Oral Complaints Guidelines for employees, partners, representatives... 8 5. Complaints register... 9 6. Further action... 10 7. Monitoring and reporting... 10 1.1. The Board, the Corporate Governance Committee and the Dispute Resolution Manager will focus on the following questions:... 10 1.2. The Dispute Resolution Manager must ensure the process is being adhered to by:... 11 8. Remedies and outcomes... 12 9. Data collection... 13 10. Notifying the professional indemnity insurer... 13 11. Training... 13 Annexures DPM Incidents, Complaints and Dispute Resolution Policy PAGE 2

Introduction and overview DPM Group is required to have, an internal policy and procedure in place to ensure that incidents, complaints and disputes, in respect of advice, products and services provided to DPM clients by DPM Group or any of its employees, partners and/or representatives, are dealt with efficiently and timely and in accordance with legislative requirements. The Board of DPM Group (Board) has adopted this document, the DPM Incidents, Complaints and Dispute Resolution Policy (the Policy) to fulfil this requirement. The Policy is to be followed by all employees, partners and/or representatives of DPM Group and a copy can be located on DPM s intranet. 1. Responsibility This Policy is reviewed annually by the Corporate Governance Committee. All incidents, complaints or disputes are to be referred immediately to the Dispute Resolution Manager who is the Responsible Person for the DPM Group. This will apply in all cases unless the Dispute Resolution Manager is actually the subject of the Complaint or directly involved in the Complaint in which case the matter is to be reported to a member of the Board. The Board will then appoint another party to act as the Dispute Resolution Manager for this complaint. This is so as to avoid any actual or perceived conflict of interest for the Dispute Resolution Manager. The Dispute Resolution Manager will: Have completed sufficient training to be competent to deal with complaints or disputes; Hold the authority to settle complaints OR has ready access to the person who has the necessary authority to settle complaints; Ensure that a system is in place to handle complaints genuinely, promptly, fairly and consistently; Ensure that all employees, partners and/or representatives of DPM Group have an understanding of the complaints handling procedure; Conduct training, and maintain training records; Where necessary introduce procedural changes; Where necessary and in conjunction with the Manager People and Development introduce training and/or disciplinary action that may be required as a result of the complaint; and Provide a summary of any complaint at relevant board meetings. DPM defines a complaint (and/or a dispute) as an expression of dissatisfaction made by a complainant related to DPM s advice, products or services, or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected. This definition and the policy have been developed with reference to the Essential Elements of Australian Standard ISO 10002-2006, and the minimum requirements of ASIC s RG 165. There is no charge payable by a complainant for making a complaint to DPM. The most effective method of dealing with a complaint is to convert a dis-satisfied complainant into a satisfied complainant by dealing with the complaint quickly and offering effective remedies. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 3

It is important to note that regardless of whether a complaint is made in writing or verbally, a complaint must be dealt with in accordance with these procedures. Responsibility 1. Board of Directors 2. Dispute Resolution Manager Selection of Dispute Resolution Manager The Dispute Resolution Manager (currently David Gaylard) is appointed by the Board to manage the implementation and ongoing maintenance of the Policy and report to the Board. The person who fills this role must have the following attributes: Availability to review/handle a complaint within required timeframes in accordance with procedures; Understanding and impartial attitude to complainant; Broad knowledge of DPM s products, advice processes and services; Good written and oral communication skills 2. Policy DPM acknowledges the importance of having effective and efficient procedures for identifying and handling incidents and complaints. DPM adopts a customer-focused approach, is open to feedback, and demonstrates its commitment in its actions and the resources it makes available for dispute resolution. DPM will also comply with all legislative requirements. Definitions Complaint In accordance with the Australian Standard AS IS 10002-2006 Customer satisfaction Guidelines for complaints handling in organisations defines a complaint as: An expression of dissatisfaction made to an organisation related to its products, or the complaints-handling process itself, where a response or resolution is explicitly or implicitly expected. This includes where an employee, partner and/or representative recognises that because of action (including inaction) by DPM or from correspondence received from the complainant and/or a third party a dispute is likely to arise. Further it includes situations where but for action by DPM a dispute would have arisen. An expression of dissatisfaction either oral or written with a product or service offered by the DPM Group. For purposes of this policy the word Complaint will also be used to cover Incident. Complainant EDR (External Disputes Resolution Scheme) Person who lodges a complaint. Certain businesses/divisions within the DPM Group are required to be a member of an ASIC approved external disputes resolution scheme. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 4

Dispute IDR (Internal Disputes Resolution Scheme) Minor Grievance Systemic problems A complaint that is not resolved to the satisfaction of the complainant. An occurrence whether detected internally or raised by a person or third party which while not currently a complaint or dispute could lead to a complaint/dispute in the future. For the purposes of this policy the word Complaint will also be used to cover Incident A complaint that may be able to be resolved within 5 business days by; Calling the complainant to advise them of the status of their service. These types of complaints may relate to processing delays, errors or delays with documentation or services issues. Calling the complainant to apologise and/or provide an explanation in relation to the complainant s misunderstanding of the process or applicable fees and charges, or about service or privacy issues. Problems resulting from failures in product or service, delivery or organisational policies or procedures. 3. Procedure 1.1. General Notification Complainants must be notified of the existence of the Policy to deal with complaints. All employees, partners and/or representatives of DPM Group must: Immediately refer the matter to the Dispute Resolution Manager. The Dispute Resolution Manager will issue the Complainant Complaint Brochure (Annexure 1) together with a complaint acknowledgement letter (Annexure 2); For both verbal and written complaints, an acknowledgement letter will be sent as soon as practical, usually within 2 business days. 1.2. The complainant s issue will be referred to the most appropriate person to manage the complaint; The complainant s issue will be recognised with a letter by the Dispute Resolution Manager (and if deemed appropriate a follow up telephone call); The Dispute Resolution Manager will investigate the matter. This may involve collection of information or written documents from the business unit(s) responsible, discussion with the relevant employee(s), or legal adviser if required; DPM Incidents, Complaints and Dispute Resolution Policy PAGE 5

If the resolution of the complaint is likely to be protracted the Dispute Resolution Manager will advise the complainant that investigations are continuing and may take time to resolve; Monetary claims for allegations of incompetence, or breaching contractual or legal obligations will be referred to the Dispute Resolution Manager and to the Board. If necessary The Dispute Resolution Manager will notify the professional indemnity broker/insurer of any complaint. Legislation governing the provision of some of DPM s services gives complainants the right to have their complaints considered by an external disputes resolution scheme if the complaint can not be dealt with satisfactorily internally. 4. Dealing with complaints 1.1. The Dispute Resolution Manager will: Keep an open mind; Investigate the complaint objectively; Discuss with any employees, partner, representative involved with the complaint; Gather information from the complainant and any employees or other parties involved; Keep the complainant informed of the situation and delays that may prevent a resolution within the quoted timeframe; Enter or ensure that details have been entered into the complaints register at each stage of the process; Keep accurate records of conversations with the complainant and any other party/ies involved in the complaint; Ensure that resolutions are realistic and within the policy guidelines; Ensure any resolution that has been accepted is transacted within 5 business days; and Issue a confirmation letter to the complainant within 48 hours of receipt of the complaint. The letter will detail the process and if applicable, the availability of an external dispute resolution body if the complaint is not resolved to their satisfaction. 1.2. Timeframes and Limitations Within 2 business days Within 14 business days Within 20 business days An acknowledgement letter must be issued to the complainant upon receipt of the complaint. This will be issued by the Dispute Resolution Manager. The complainant s response is required to comply with stipulated response times. An offer of resolution of a complaint must be made and written confirmation issued. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 6

If unresolved after 20 business days Within 5 business days of acceptance of the remedy offer Within 45 business days If it is not possible to resolve the complaint within 20 business days, an explanation must be provided to the complainant before the time limit expires and another deadline (realistic) set. If the DPM business division is required to be a member of an external dispute resolution scheme, the complainant must be also be formally informed of the opportunity to take the complaint to the external disputes resolution scheme of which DPM is a member. Accepted resolutions must be transacted within 5 business days, including the issuance of confirmation documentation and or cheques. Complaints should be resolved internally as soon as practicable or in any case within 45 business days of lodgement of the complaint by the complainant. 1.3.Oral Complaints Guidelines for employees, partners, representatives Identify yourself Listen carefully Clarify Be courteous & empathetic DO NOT DO NOT DO NOT Resolve Advise of contact details REFER Maintain MYOB File Note Record Name, position, contact details. Record the details including the resolution that the complainant is seeking. Repeat details back to the complainant to ensure you ve correctly recorded. Treat the complainant in a courteous manner, this will assist in relieving tension and promote discussion with the complainant. Attempt to lay blame or be defensive or argue with the complainant. Create false expectations. Accept responsibility for the complaint; this will be determined by subsequent investigation. Resolve the complaint if possible or COMMIT to doing something immediately, irrespective of who will ultimately handle the complaint. Advise who will be formally dealing with the complaint (Dispute Resolution Manager David Gaylard). Refer the matter immediately to the Dispute Resolution Manager (even if you resolve the matter). Document a file note detailing the discussion with the complainant recording the summary and action taken. Record the date and time of the complaint in file notes. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 7

You must immediately pass the details of the incident, complaint or dispute to the Dispute Resolution Manager who will be attending to the complaint. 1.4.Oral Complaints Guidelines for employees, partners, representatives Immediately send the complaint letter together with the Tell Us About Your Complaint Form (Annexure 3) and relevant file notes to the Dispute Resolution Manager. If a written complaint is received and does not clearly state the grievance, the employees member/consultant must seek advice from the Dispute Resolution Manager on how to proceed. A written complaint should be addressed to: The Dispute Resolution Manager DPM Group PO Box 810 SOUTH MELBOURNE VIC 3205 Email: disputeresolutionmanager@dpmfs.com.au Where a written complaint is received, it must be date stamped and that day given to the Dispute Resolution Manager. The Dispute Resolution Manager will register this in the Complaints Register. Following the registration of the complaint, a written acknowledgement of receipt will be sent to the complainant within 2 business days. The letter will: Inform the complainant that the complaint will attempt to be resolved within 45 business days. Outline the dispute resolution process and the availability of the relevant External Dispute Resolution, including relevant contact and membership details. The letter will include the relevant external dispute resolution contact details. The Dispute Resolution Manager will consider the complaint and where necessary seek appropriate supporting information and advice, within 7 business days. Should supporting documentation be required; the request for additional information or clarification from the complainant must clearly state that the complainant's response is required within 14 business days to comply with the stipulated response times. Where possible, the Dispute Resolution Manager will ask the complainant to sign file notes of relevant conversations to confirm they contain a complete and accurate record of the complaint and subsequent negotiations. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 8

All complaints and copy responses must be advised to the Dispute Resolution Manager for inclusion in the Complaints Register. 5. Complaints register All complaints must be reported in writing to the Dispute Resolution Manager who will enter details in the complaint register immediately upon receipt. The details to be entered in the complaint register include: Date Method Name MYOB code DPM employee/consultant Incident/complaint number Nature/detail Service/Service division Employee Date of acknowledgment Any promised deadlines Action taken/result Report to PI Insurer Resolution & Date Result of resolution Confirmation of sign off Complaint received Of receipt of complaint (email/ verbal etc.) Of complainant Of complainant Who took initial complaint Of complaint Of the complaint About which the complaint has been made Responsible for dealing with the complaint through to resolution Letter issued For responses Correspondence trail ((incl. need to escalate to EDR) Date notified to PI, broker number and claim number Offered & date offered Due / Accepted / Rejected / Referred to external body That resolution if accepted has been enacted DPM Incidents, Complaints and Dispute Resolution Policy PAGE 9

6. Further action If the complainant is dissatisfied with the manner in which their complaint has been handled, they may have a right to refer the matter to the relevant external dispute resolution bodies: DPM service division Tax & Accounting Relevant External Dispute Resolution Body Institute of Chartered Accountants in Australia CPA Australia Tax Practitioners Board Contact details www.charteredaccountants.com.au www.cpaaustralia.com.au www.tpb.gov.au 1300 137 322 1300 73 73 73 1300 362 829 All Insurance Private Wealth SMSF Finance Australian Securities and Investment Commission (ASIC) The Financial Ombudsman Service (FOS) Credit and Investments Ombudsman (CIO) www.asic.gov.au 1300 300 630 www.fos.org.au 1800 367 287 www.cio.org.au 1800 138 422 7. Monitoring and reporting The Corporate Governance Committee will be responsible for monitoring and reviewing the Complaints Register on a quarterly basis. 1.1. The Board, the Corporate Governance Committee and the Dispute Resolution Manager will focus on the following questions: Are there systemic problems, trends, patterns, issues or conduct? Are they being addressed? Are problems being reported to the Dispute Resolution Manager in a timely manner? Are the complaints being handled efficiently and fairly? DPM Incidents, Complaints and Dispute Resolution Policy PAGE 10

1.2. The Dispute Resolution Manager must ensure the process is being adhered to by: Weekly complaints register checks Referring any complaint unresolved after 15 business days to the person nominated in the complaints register as dealing with the complaint. Preparing reports Preparing monthly reports for the Corporate Governance Committee and the Board: Outstanding complaints Breaches of law; such as; failure to provide relevant disclosure documentation; failure to disclose remuneration; failure to provide adequate advice; misleading conduct; inappropriate advice; failure to meet consumer protection standards or codes of conduct; fraud; and hardship timeframes Monitoring timeframes Grouping of complaints Reviewing disputes to external bodies Detail complaints for legal advice Complaint outcomes Recommendations Recommending procedures or training to the areas affected by complaints. Periodic review Periodically reviewing written communications on complaints and listen in on telephone conversations involving complaints. Employee tools Ensuring that employees have access to the appropriate tools to fulfil the requirements for dealing with complaints. Co-operation with external dispute resolution schemes Ensure full cooperation with the external dispute resolution scheme for any complaints that escalate to disputes. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 11

8. Remedies and outcomes Where appropriate the complainant and the Dispute Resolution Manager will meet to enable both parties to more openly discuss the matter. This meeting should be regarded as a discovery, mediation or settlement meeting. When determining a response the Dispute Resolution Manager must consider the complaint in an objective and fair manner. When considering the appropriate remedy, the Dispute Resolution Manager will consider: Relevant legal principles; Relevant codes of conduct; Fairness; and Relevant industry best practice. DPM Group has identified the options for settlement of a complaint. Where appropriate, the Dispute Resolution Manager will provide the complainant with a remedy, which may include: Apology; Rectification; Refund; Compensation; Replacement; No further action; and Referral to the relevant External Disputes Scheme. Note: the Dispute Resolution Manager must consider action to ensure that other clients (or third parties) have not or will not be affected. Complaints should be resolved as soon as practicable or in any case within 45 business days of lodgement of the complaint by the complainant. Where there are special circumstances relating to the complaint such that it is not reasonable for it to have been resolved within 45 business days of lodgement, the Dispute Resolution Manager must inform the complainant of the reasons for the delay and that the complainant may refer it to the relevant External Disputes Scheme. If the complaint is not able to be resolved satisfactorily, the Dispute Resolution Manager will write to the complainant explaining the outcome and why the outcome was reached. The Dispute Resolution Manager will brief the relevant business unit head and/or employee(s) if the matter is contentious or likely to amount to an admission of guilt. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 12

9. Data collection DPM will keep data concerning the complaint in such form and manner as it thinks fit. Type of complaint Subject of complaint Outcome of complaint Timeliness of response Subject to legal constraints including privacy obligations, DPM may make complaint related information available to EDR scheme and/or ASIC upon their request, in circumstances where the complainant has referred their complaint to the relevant EDR Scheme or ASIC. 10. Notifying the professional indemnity insurer Only the Dispute Resolution Manager will notify the Professional Indemnity Insurer. DPM must comply with the duty of disclosure in relation to notifying the Professional Indemnity Insurer. Also, the policy itself requires disclosure during the currency of the policy of any facts or circumstances that may give rise to a claim. 11. Training The Dispute Resolution Manager will ensure that all employees, partners and/or representatives undergo training and are kept up to date with changes in dealing with complaints procedures and techniques. In particular: 1. All employees, must attend a training session on dealing with complaints and be assessed as competent; to know the contact details for our Dispute Resolution Manager to know how to transfer a customer who has a complaint to DPM Dispute Resolution Manager to understand what details are to be obtained with relation to the complaint and to obtain contact details for the complainant 2. The training on dealing with complaints must be incorporated into the induction training for new employees; 3. The training program will include explanation of the procedures and remedies; 4. Continual review of the complaints procedure and amend the training, both ongoing and initial, to address any weaknesses identified; and 5. Maintaining records of participants attending training. DPM Incidents, Complaints and Dispute Resolution Policy PAGE 13

Annexure 1: Complaint Acknowledgement Letter [Insert date] Ref: «DocumentRef» «Addressee_Name» «MailingName» «Address1» «Address2» «Address3» «Town» «County» «PostCode» «Country» Dear «Salutation» COMPLAINT ACKNOWLEDGEMENT Thank you for [your letter/your email] received on [date]. We are sorry that you feel you have cause for complaint and thank you for making us aware of this issue. Your complaint will be thoroughly investigated and we will make every effort to ensure this matter is dealt with promptly. As I understand it, you are concerned that [insert your understanding of the issues of concern, using a bulleted or numbered list if there is more than one point]. Please contact me straight away if I have misunderstood your concerns. DPM follow Australian Standard AS IS 10002-2006 for responding to complaints. The attached brochure How we will handle your complaint sets out our complaints procedure. A further response will be provided to you within two weeks and we will endeavour to resolve your complaint within 45 business days. If, at that time the matter is still not adequately resolved you may refer the matter to the relevant External Dispute Resolution body. Should you have any queries, or wish to provide any additional information, please do not hesitate to contact me, my email and phone number is below. Yours sincerely David Gaylard Dispute Resolution Manager disputeresolutionmanager@dpmfs.com.au 03 9621 7028

Annexure 2: Confirmation of Resolution Letter [Insert date] Ref: «DocumentRef» «Addressee_Name» «MailingName» «Address1» «Address2» «Address3» «Town» «County» «PostCode» «Country» Dear «Salutation» CONFIRMATION OF RESOLUTION TO COMPLAINT RAISED / / Thank you for discussing your concerns about [insert summary/description about the complaint] with us. We regret that you experienced dissatisfaction with the quality of our service. We have looked into your complaint, discussed these issues with you and agreed on the following outcome and resolution: [insert details about agreed facts and agreed resolution, including any actions taken or promised to be taken] For example: Issue 1: XXXX It was agreed that. Issue 2: XXXX It was agreed that.. We trust that you are satisfied with the resolution of your complaint; please let me know if there is anything further that you wish to discuss with me. Thank you for taking the time to raise your concerns with us. We view all complaints as an opportunity to improve the services we deliver and appreciate your assistance in the ongoing improvement of the service we provide. Yours sincerely David Gaylard Dispute Resolution Manager