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Unit Standard No.12164Page 150

The following excerpt from the FAIS General Code of Conduct deals with the handing of complaints by the FSP:

PART XI

COMPLAINTS

General

16.  (1) In this Part-

“complaint” means a complaint as defined in section 1(1) of the Act (excluding the reference to section 26(1)(a)(iii) therein), submitted by a client to a provider for purposes of resolution by the provider;

“internal complaint resolution system and procedures”, in relation to a provider and a client, means the system and procedures established and maintained by the provider in accordance with this Code for the resolution of complaints by clients;

“Ombud” means the Ombud for Financial Services Providers referred to in section 20(2) of the Act;

“resolution”, or “internal resolution”, in relation to a complaint and a provider, means the process of the resolving of a complaint through and in accordance with the internal complaint resolution system and procedures of the provider;

“Rules” means the Rules on Proceedings of the Office of the Ombud for Financial Services Providers, 2002.

(2) A provider must-

(a) request that any client who has a complaint against the provider must lodge such complaint in writing;

(b) maintain a record of such complaints for a period of five years;

(c) handle complaints from clients in a timely and fair manner;

(d) take steps to investigate and respond promptly to such complaints; and

(e) where such a complaint is not resolved to the client’s satisfaction, advise the client of any further steps which may be available to the client in terms of the Act or any other law.

Basic principles of systems and procedures

17. A provider, excluding a representative must maintain an internal complaint resolution system and procedures based on the following:

(a) Maintenance of a comprehensive complaints policy outlining the provider’s commitment to, and system and procedures for, internal resolution of complaints;

(b) transparency and visibility: ensuring that clients have full knowledge of the procedures for resolution of their complaints;

(c) accessibility of facilities: ensuring the existence of easy access to such procedures at any office or branch of the provider open to clients, or through ancillary postal, fax, telephone or electronic helpdesk support; and

(d) fairness: ensuring that a resolution of a complaint can during and by means of the resolution process be effected which is fair to both clients and the provider and its staff.

Resolution of complaints

18. The internal complaint resolution system and procedures of the provider excluding a representative must be designed to ensure the existence and maintenance of at least the following for purposes of effective and fair resolution of complaints:

(a) availability of adequate manpower and other resources;

INSMAT final materials31/10/03

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