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SOCAP CONFERENCE 27 – 29 OCTOBER 2004 Alison Maynard Chief Executive. INTRODUCTION. Case Trends What’s new? Issues for FICS. NEW COMPLAINTS AND ENQUIRIES. Telephone Enquiries 2004 1/1-30/9/04 Total 5,757 New Complaints (moved to Case Manager)
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SOCAP CONFERENCE 27 – 29 OCTOBER 2004 Alison Maynard Chief Executive
INTRODUCTION • Case Trends • What’s new? • Issues for FICS
NEW COMPLAINTS AND ENQUIRIES Telephone Enquiries 2004 1/1-30/9/04 Total 5,757 New Complaints (moved to Case Manager) 2002 2003 1/1 -30/9/2004 Life Insurance 520 441 371 Financial Planning 257 419 226 Stockbroking 135 95 47 Managed Investments 61 83 98 Total 973 1038 742
TOP CATEGORIES OF PREDOMINANT COMPLAINT 01/01/04 – 30/09/04 01/01-30/03 01/04-30/06/04 01/07–30/09/04 Insurance Denial of Claim 58.3% 68.7% 61.9% Standard of Service 14.6% 10.0% 11.0% Misrepresentation 8.7% - 9.3% Policy Terms & Conditions - 6.7% 10.2% Financial Planning Inappropriate Advice 49.3% 59.0% 59.2% Standard of Service 25.4% 15.7% 14.5% Misrepresentation 10.4% 10.8% - Non-disclosure –fees/charges - 10.8% 13.2%
TOP CATEGORIES OF PREDOMINANT COMPLAINT 01/01/04 – 30/09/04 01/01-30/03 01/04-30/06/04 1/7-30/09/04 Stockbroking Standard of Service 38.5% 19.0% 23.1% Inappropriate Advice 23.1% 52.4% 46.2% Share Transaction 38.5% 23.8% 23.1% Misunderstanding Managed Investments Standard of Service 12.8% 47.9% 18.2% Inappropriate Advice 17.9% 20.8% 36.4% Misrepresentation 66.7% 18.8% 36.4%
COMPLAINT OUTCOMES 01/01/04 – 30/09/04 In favour In favour Outside Withdrawn Conciliation Resolved of Member of Cmplnt Jurisdiction Conference Member Agreement Insurance 35.2% 41.2% 6.3% 9.5% 0.9% 6.9% Financial Planning 27.7% 47.8% 5.9% 10.7% 1.6% 6.3% Stockbroking 33.3% 51.1% 3.3% 7.8% nil 4.4% Managed Investments 22.2% 31.8% 11.1% 9.5% 4.8% 20.6%
WHAT’S NEW? • Formal conciliation process • Rules Review • IDR Training for Members
NUMBER AND DIVERSITY OF MEMBERS • 1991 – 30 Members • 2004 – 2,500 Members • Large Life Insurer • Single Financial Planner
ISSUES AT FICS • Compliance with Rules and responses by some Members poor • Some argumentative Members (including legal action) • Some Members have poor internal and external dispute resolution skills • Difficulties with suitability of monetary limits • Educating large numbers of diverse Members
TACKLING THE ISSUES • Bulletins • Member Information Seminars • Work with Industry Associations • Reviewing Rules • Tightening Constitution • Focus on individual difficult Members
SYSTEMIC ISSUES • Obligation to identify, record and report • Can resolve with Member without reporting to ASIC • Anonymous reporting in this circumstance.
ISSUES RE SYSTEMIC ISSUES • How far can FICS go in investigating an issue? • Do we take a Member’s ‘word’ for it? • Changing focus to Member conduct • Is IDR being performed properly? • Are they cooperating with the Service?
ASIC NOTICES • What happens now? • Increased use in future
CONCLUSION • There is no going back • There are challenges for FICS • FICS specific • EDR cooperative environment • Relationship with regulator • We are making progress.