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The Financial Ombudsman Service (FOS) provides an independent dispute resolution process for consumers and financial services providers. Disputes come within the FOS 'terms of reference' where the consumer and a financial services provider are unable to come to an agreement and the case is referred to FOS to resolve or where a consumer raises a concern directly with FOS. FOS will generally refer the latter cases to the provider to resolve in the first instance.
In 2009 there was an increase in the number of ANZ cases closed within the FOS terms of reference to 983 (from 615 in 2008). However as in previous years, we resolved the vast majority of these cases without the need for further investigation by FOS (95.3%).

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Customer Advocate contacts
The Customer Advocate advises the customer in writing of the internal complaints procedure and the ability to return to the Customer Advocate for further review. This process confirms to the customer that ANZ is committed to a fair and reasonable outcome.
Breakdown of completed matters Complaints by business unit are as follows: Mortgages (44%) Banking Products (15%) Consumer Finance (14%), Financial Planning (7%), Private Bank, ING, Trustees and Wealth (3.5%), Other(10%) – this category includes 4 breach of Privacy complaints and 4 Margin Lending complaints. Resolution outcomes show 21.5% of findings solely in favour of the customer; 48% of findings in favour of both the customer and the bank and 30%% solely in favour of the bank. Offers of compensation to customers totaled $751,595. Of this amount $235,000 related to two Storm Financial Services complaints;$189,000 related to Early Repayment Costs (40 with waivers of $1,000 plus three customers with total ERC waived); $140,457 related to three claims of poor financial advice; one payment of $70,000 had been decided by Risk and Compliance and was confirmed by the Customer Advocate. The number of files completed within 20 days has improved from 65% in 2008 to 80% in 2009. These complaints are complex most often because of the persistence of the customer and refusal to accept a resolution. They require time to gather and assess further information from the customer and ANZ and to negotiate outcomes.
* Includes a reimbursement offer of $76,000.00 confirmed by the Customer Advocate and an offer of USD$2,314.97 |
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The Financial Ombudsman Service commenced on 1 July 2008. It is a merger of the BFSO, the Financial Industry Complaints Service and the Insurance Ombudsman Service. The Banking and Finance division of FOS provides the dispute resolution services previously conducted by the BFSO. ANZ has taken part in the consultation process for the development of guidelines and policies for the merged service.
In 2008 there was, for the first time in five years, an increase in the number of ANZ cases 'closed within terms of reference' from 513 cases to 615. However as in previous years, a very high percentage, 92.3%, were resolved by ANZ without the need for further investigation by FOS.

Some customers will raise a complaint directly with FOS while others will refer their matter to FOS only after seeking resolution through their bank's dispute resolution processes. Of the ANZ cases dealt with by FOS, 95% were raised directly with FOS without prior involvement by ANZ's dispute resolution teams.
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The Customer Advocate is an advocate for a fair and reasonable outcome for the customer. The aim is to resolve complaints quickly, impartially and without the need for external review. The Customer Advocate completed 100 formal reviews, an increase of about one-third on the previous year. Five reviews remained uncompleted at 1 October 2008.
The number of files completed within 20 days has improved from 50% in 2007 to 65% in 2008. These complaints can be complex and require time to gather and assess further information from the customer and ANZ and to negotiate outcomes. In the review process the Customer Advocate listens to the customer, meeting with them if necessary, records concerns and closely reviews the facts including making further investigations if required. The Customer Advocate then negotiates an outcome with the customer and the relevant ANZ business unit and makes recommendations to prevent further complaints and improve service or products. Customer concerns can give the business valuable insights into their performance and service which will prevent more major issues arising. For example, a review of procedures for personal loan approvals in remote areas has been initiated following a complaint from a legal service that a client had entered into a credit facility without fully understanding the contract and without the ability to service the loan. The customer gained a satisfactory outcome. When completed, the review will recommend refinements to bank policy and procedures to further protect vulnerable customers in these areas. The Customer Advocate can act as an 'appeals' mechanism for customers dissatisfied with the result of their initial complaint or can intervene in difficult or potentially controversial complaints at an earlier stage, either through direct contact from a customer or at the request of ANZ staff who need advice on options for resolving or avoiding complaints.
* Includes offer not accepted. |
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The Customer Advocate office received approximately 456 email contacts from customers seeking a review. The majority of these issues are referred to specialist areas for resolution in the first instance. The customer is always advised in writing when their complaint has been referred and is offered the opportunity to return to the Customer Advocate for further review if they are not satisfied by the outcome of their complaint. |