DISPUTE RESOLUTION POLICY
COMMITMENT
The Directors Officers and employees of Austair and MBF are committed to dealing with queries, disputes and complaints made to MBF in a fair and reasonable manner, whilst taking into account the obligations to apply the Rules and policies of MBF impartially and independently.
PURPOSE
This DRP provides the framework for how MBF will conduct its administration of queries, disputes and complaints process and how MBF will deal with its members and their representatives.
This policy is for queries, disputes and complaints to be firstly dealt with internally by the employees, officers and Directors before members or other complainants seek recourse to mediation or the external complaints systems or engage in legal action.
COMPLIANCE WITH LAWS
MBF's activities will be conducted in accordance with all laws and regulations in force in Australia.
Nothing contained in this DRP overrides any relevant laws or regulations.
DEALING WITH QUERIES AND COMPLAINTS
A member or other agent or representative authorised in writing by the member (complainant) dealing with MBF is expected to undertake all reasonable steps to resolve a query or request to MBF, including, membership, claims and financial queries, disputes and complaints, by dealing with the designated employee or officer responsible for the applicable part of the business.
In the event the employee or officer who first engages with the interested party is unable to satisfy the query, dispute or the complaint and the circumstances are not clearly defined in regard to the application of the Rules or policies of MBF, the matter may be referred to a more senior employee or officer for review of the application of the Rules or policies of MBF.
If the matter remains unresolved and the complainant wishes to continue to pursue the matter, the complainant will be requested to follow the steps below:
- Complete the DRP form setting out the basis of the need for a review of the dispute or complaint.
- Provide valid copies of any documentary evidence to support the matters asserted.
- Sign the DRP form to verify that the facts provided are true and correct.
- MBF will process the complaint as follows:
- The facts of the matters raised in the complaint will be verified against MBF records and any otherinformation that is relevant and available.
- Any mismatch of facts supplied by the complainant compared to the information held or known by MBF will be communicated in writing to the complainant, generally within 14 working days but no longer than 30 days from when the complaint is received at the offices of MBF.
- The complainant will be requested to explain any mismatch of facts or provide further evidence supporting the complaint.
Trustee Directors, Officers or delegated employees will review all of the facts once the verification process has been completed. Written advice of the outcome will be provided to the complainant, generally within 14 working days, but no longer than 30 days from when the verification process is completed.
In the case where the complaint is referred to the Trustee Board the applicable Rules of MBF will be reviewed and the outcome advised within 14 days of the Trustee Board meeting. Such outcome will include reference to the particular Rules that the Board has considered.
OBLIGATIONS RELATIVE TO PRIVACY AND FAIR DEALING
The Trustee Directors, Officers and employees will follow MBF’s Code of Conduct in relation to the DRP.
MBF’s privacy and confidentiality policies will be applicable to dealing with queries and complaints.
REFERENCE TO INDEPENDENT MEDIATION
If a complainant wishes to challenge the outcome of a matter resulting from the full application of the internal review process they may request, in writing, the instigation of an independent mediation process.
MBF will notify the complainant in writing, within 14 days, of the names of independent mediators from the Law Society of Victoria, or from such other legal jurisdiction as may be suitable, having regard to the location of the complainant. The complainant will be invited to choose an independent mediator from the list of names provided.
If the complainant chooses an independent mediator the matter will proceed. However, if the complainant fails to advise their choice within 14 days, MBF will proceed to choose the mediator and advise the complainant in writing.
The dates and times for the mediation process shall be as set down by the independent mediator and as agreed with the two parties, so long as any agreement shall not be unreasonably withheld.
Where the parties cannot meet together in person for the independent mediation video or teleconferencing may be arranged to facilitate the mediation process.
REFERENCE TO EXTERNAL COMPLAINTS RESOLUTION SCHEME
If a complainant has not resolved their complaint through the DRP they have recourse to the external complaints resolution process of MBF.
The details of the external complaints resolution process and the rights of complainants to access it are as follows:
The Australian Financial Complaints Authority (AFCA). AFCA may be contacted:
By mail: GPO Box, Melbourne VIC 3001
By phone: 1800 931 678
Website: www.afca.org.au
Please include Austair’s AFCA membership number with your enquiry, which is 14886.
REVIEW OF THE DISPUTE RESOLUTION PROCEDURE
MBF will monitor compliance with the Dispute Resolution Procedure at least annually in line with the review of Policies. Suggestions for improvements or amendments to the Code of Conduct can be made by Directors, Officers and employees at any time.
PUBLICATION
The DRP will be available on MBF website (www.aapmbf.com.au) or by requesting a copy from the MBF office:
Level 1, 132-136 Albert Road
South Melbourne Vic 3205
T 03 9928 4500
Toll free 1300 380 300
Email: privacyofficer@aapmbf.com.au
