Dispute Resolution Process

Managed Builder Program Complaints and Disputes Handling Procedures:

1.1 Contact details

ABS contact person: Phil Sim
ABS telephone number: 02 8713 1800
ABS e-mail address: info@abshow.com.au

1.2 Definitions

Complaint: any expression of dissatisfaction with a product or service offered or provided by the Home Warranty Insurance Fund (HWIF) or ABS.

Dispute: a complaint that has been considered and responded to by ABS and the complainant is not satisfied with the outcome.

Note: A complaint is to be distinguished from an enquiry. A complaint will only arise for the purposes of reporting to HWIF where the person making the complaint requests the complaint to be registered or to be referred to the internal dispute handling process of ABS. If ABS receives a complaint ABS must ask the complainant whether or not that person wishes the complaint to be registered or referred to the internal dispute settlement process.

A complaint or dispute may be made by a builder or broker on behalf of a builder.

1.3 Overview of the complaint handling process

Complaints

In the first instance, complaints regarding service standards, conduct or alleged breaches of the Managed Builder Program (MBP) Agreement by ABS (whether lodged personally, by telephone, e-mail or in writing) will be handled by ABS in accordance with ABS's complaint handling and dispute resolution procedures (this document). The response to the complaint will provide information about the dispute resolution process of the HWIF and how to access the dispute resolution process.

Referral of Disputes to HWIF

Where a complainant is not satisfied with the outcome of ABS's review of the original complaint they may request that the matter to be referred by ABS to the HWIF for review. A referral to the HWIF is to be formally submitted by ABS, in writing (including e-mail) to the HWIF and be accompanied by all case information (including supporting documentation submitted by, or on behalf of, the complainant) in order for a review to be undertaken.

Disputes arising from a decision of ABS in relation to a matter that is within the scope of the MBP or any instructions, guidelines or written directions given from time to time by the HWIF and which is based on factual evidence are not generally to be referred to the HWIF unless directed or otherwise agreed by the HWIF. For example, the HWIF will not consider a dispute that arises from ABS undertaking the services listed in the sample MBP Agreement available on the Home Warranty Insurance Fund website at www.homewarranty.nsw.gov.au.

The HWIF will consider the submissions of the complainant and ABS and then determine the dispute and notify ABS of the decision. ABS is to implement the decision, which is final and binding, as soon as practicable. ABS is also to notify the complainant of the decision and include contact details for the HWIF should information be required about the decision.

Registering complaints

ABS is required to establish a register of complaints or disputes and on the register record the nature of each complaint or dispute and how it was resolved.

ABS reports to the HWIF information from the register in respect of complaints each month.

1.4 Complaints service levels - ABS

• Complaints regarding service standards, conduct or alleged breaches of the MBP Agreement by ABS (whether lodged personally, by telephone, e-mail or in writing) will be handled by ABS in accordance with its internal complaint handling and dispute resolution procedures (this document).
• Oral complaints will be acknowledged immediately and written complaints within 3 business days advising the complainant of the complaint handling procedure.
• Complaints will be investigated and a response provided in writing within 15 business days of receipt of the complaint provided ABS has all the necessary information and has completed any investigation that may be required.
• In cases where further information, assessment or investigation is required, reasonable alternative timeframes will be agreed.
• Complainants will be kept informed of the progress of the response to their complaint.
• The response to the complaint will provide information about the dispute resolution process of the HWIF and how to access the dispute resolution process.
• If a complainant is not satisfied with the outcome of ABS's review of the original complaint they may request that the matter to be referred by ABS to the HWIF for review.
• Referral of a dispute to the HWIF by ABS will occur within 3 business days of ABS being notified of the complainant's request that the dispute be referred to the HWIF.
  A referral to the HWIF will be formally submitted by ABS in writing (including e-mail) to the HWIF and be accompanied by all case information (including supporting documentation submitted by, or on behalf of, the complainant) in order for a review to be undertaken.
• The HWIF will contact the complainant within 5 business days of receiving a dispute to acknowledge receipt and to provide a contact name for enquiries and a timeframe for determining the matter.
• The HWIF will consider and determine the dispute and respond to ABS within 13 business days of receipt by the HWIF of the dispute.
• ABS will implement the decision, which is final and binding, as soon as practicable.
• ABS will notify the complainant in writing of the decision within 3 business days of its receipt of the decision and include contact details for the HWIF should information be required about the decision.

1.5 Complaint handling and dispute resolution process flow