Position Description Title: Investigator/Senior Investigator Reports to: Banking Ombudsman Location: Wellington Our work The Banking Ombudsman Scheme (the Scheme) was set up in 1992 as a free and independent process to help people sort out their unresolved problems with banks. The Scheme also has a number of non-bank participants. These are deposit takers that are regulated by the Reserve Bank and that meet our financial stability and customer focus criteria. The Scheme is available to anyone who has a complaint against any of our participants. We investigate and resolve complaints that fall within our Terms of Reference which can be found, along with other information about us, at www.bankomb.org.nz We aim to be New Zealand’s premier investigation and dispute resolution scheme. Our goals are to: resolve disputes between customers and Scheme members fairly and efficiently help prevent future complaints improve the customer experience. By doing our job well we aim to lift standards in the banking and financial services sector Our office is located in Wellington, and our staff are a hard-working and dedicated group of professionals who uphold a tradition of being easy to access, independent and fair. We also pride ourselves on our ability to listen, resolve and learn. This means: listening to both sides of a dispute to ensure we understand the problems helping to resolve the problems identified helping reduce future complaints by sharing the learning from the mistakes made. Purpose of the role The Investigator/Senior Investigator is responsible for assisting the Ombudsman to investigate and, where possible, resolve complaints and disputes in accordance with the Banking Ombudsman Scheme Terms of Reference. Investigators report to the Deputy Banking Ombudsman. Investigator/Senior Investigator, January 2011 1 Key relationships External Internal Scheme Participants Complainants NZ Public Appropriate government agencies Other Ombudsman and dispute resolution services Citizens Advice Bureau Police Families Commission Human Rights Commission Privacy Commissioner Other key stakeholders The Deputy Banking Ombudsman The Banking Ombudsman Other members of the Office Key Result Areas Listen When a file is received by the Office, it is first assessed at a triage meeting to see whether it raises any particular issues such as a need for priority or the extent to which it raises issues that may affect a wider set of customers. Once allocated for investigation, the Investigator/Senior Investigator is responsible for completing a preliminary case assessment to understand the issues and determine the most appropriate method of resolution: facilitation, conciliation or written assessment. Key tasks Review all background information available. Contact complainant and participant to understand the nature of the complaint. Identify and gather any further required information from both parties. Identify any reason for declining to (further) investigate a complaint and drafting provisional jurisdiction decision for Banking Ombudsman to consider. Analyse all information pertaining to the complaint. This may include reconstruction of account histories, calculation of interest schedules and collation of evidence from both parties. Gather expert opinion, where necessary, in relation to areas of the law, banking, accounting or other professional areas. Provide a clear audit trail documenting the complaint process, correspondence, time limits and any other action taken. Keep both parties informed on progress of investigation, in particular on any reasons for delay in decision making process. Investigator/Senior Investigator, January 2011 2 Resolve The Investigator/Senior Investigator is responsible for resolving the complaint. This may include facilitation, conciliation or written assessment. Key tasks As appropriate: Facilitate the process enabling settlement to be reached between the Complainant and the Scheme Participant. Organise and conduct conciliation conferences. Conduct a full investigation of issues raised and complete a high quality written initial assessment. This involves: o writing to the complainant and bank, explaining the process and timeline for reply o providing a clear rationale for the proposed decision taking into account relevant legislation, general principles of good banking practice and the Code of Banking Practice, previous decisions (for consistency) and what is fair and reasonable in the circumstances o ensuring the Initial Assessment is clear, concise, compelling and compassionate and uses neutral language to demonstrate impartiality o ensuring any comments on the initial assessment are sent to the other party for information and comment where necessary. Where the Initial Assessment is not accepted by both parties, the Investigator/Senior Investigator is responsible for completing the Formal Recommendation process. This involves: o reviewing all documentation associated with a particular case, including the background information, Initial Assessment and the submissions received from both sides on the Initial Assessment o preparing a formal recommendation for the Banking Ombudsman. Manage the case closure process, including receipt of acceptance form and classification of complaint. Learn The investigator/Senior Investigator assists with identifying opportunities to improve the Banking Ombudsman’s schemes resolution processes and with helping both participants and customers avoid future complaints. Key tasks Develop case notes, Quick Guides and other material for publication on the Office website, as required. Update guidelines, policies and procedures. Identify opportunities for improvement in bank practices such as issues for regular bank staff training. Identify opportunities to streamline and improve internal BOS processes. Investigator/Senior Investigator, January 2011 3 Relationship Management The Investigator/Senior Investigator, in consultation with the Deputy Banking Ombudsman, is responsible for identifying, developing and maintaining strategic relationships with participants and key sector stakeholders. Key Tasks Manage relationships with participants’ operational staff, including Complaints Managers. Develop and maintain relationships with agreed key sector stakeholders. Utilise relationships to identify opportunities and risks in the sector, enabling the Office to be best positioned to achieve its objectives. Advice and Training The Investigator/Senior Investigator is responsible for the provision of sound, well researched and evidence based advice to the Deputy Banking Ombudsman, the Banking Ombudsman, Scheme Participants, Complainants and other less experienced members of the Office. Key tasks Research and provide advice on new banking products to enable investigation of relevant complaints. Provide back-up support to the Enquiries Team. Over time, investigators will: o Recommend approaches to novel and/or systemic issues. o Assist with new Scheme Participants’ inductions into the Scheme. Representation The Investigator/Senior Investigator will represent the Banking Ombudsman, as required, at various meetings, conferences and other forums to raise awareness of the role of the Banking Ombudsman, the Scheme’s Purpose and to gather feedback on the Scheme’s effectiveness. Key Tasks Represent the Banking Ombudsman at meetings with key stakeholder groups such as the Citizens Advice Bureau and Families Commission. Represent the Banking Ombudsman at Scheme Participants’ forums, such as the Complaint Officers’ Forum, to share information on the effectiveness of the Scheme and enhance participants’ understanding of current issues and trends. Investigator/Senior Investigator, January 2011 4 Competency Summary Execution Relationships Personal Qualities Investigative Analysis and DecisionMaking Collaboration Commitment to Excellence Works co-operatively and effectively as a member of a team to accomplish goals and resolve problems. Team can be defined as a work group or inter-disciplinary/ project team. Sets high personal and professional standards for self and others; assumes responsibility and accountability for the successful completion of projects, assignments or tasks. Consistently gives careful attention to all the detailed aspects of a role, shows a high concern for accuracy. Stakeholder Focus Communicating Effectively Integrity Focuses attention on understanding the needs of stakeholders; makes every effort to ensure that stakeholders are listened to by self and others; ensures stakeholders understand the rationale for findings/decisions made Expresses and conveys information effectively to other people. This includes speaking, writing and listening. This covers formal and informal situations. Acts in a manner that conveys the principles important to the organisation, including impartiality, fairness, honesty, openness, sound business ethics and respect for others Undertakes thorough analysis through accurately defining problem or identifying outcome; gathers all relevant information and applies sound, analytical techniques in order to develop a recommendation taking into account factual information and/or logical assumptions, resources, potential risks and opportunities; makes sound recommendations. Investigator/Senior Investigator, January 2011 5 Information Management Knowledge Transfer Initiative/Innovation Stores and manages information systems to enable the efficient and effective use of information. Facilitates the improved performance of others by giving advice and guidance. Takes action to achieve objectives beyond what is necessarily called for; recognises and seizes opportunities to improve on own and the organisation’s performance; generates innovative and practical ideas to meet needs. Planning and Organising Personal Effectiveness Plans and manages activities and projects for self and others; organises tasks to make best use of time and resources, and focuses attention on key objectives Maintains effective performance when under pressure, (such as time pressure, shifting/conflicting priorities or job ambiguity) when facing opposition from others or in ambiguous environments, acts professionally at all times. Professional/Technical Skills and Knowledge Applies the breadth of knowledge and understanding in related area achieved through study and/or experience. Excellent understanding of investigation, complaint handling and dispute resolution processes Previous experience in interpreting or administering legislation Understanding of relevant laws and Code of Banking Practice Financial literacy Maintains knowledge through belonging to appropriate professional bodies and attendance at appropriate conferences, seminars, networking meetings. A relevant tertiary qualification A general interest in the banking sector An understanding of business systems, databases and software particularly with regard to information and customer relationship management Desirable Law degree Previous experience in a similar role Investigator/Senior Investigator, January 2011 6 Confirmation of Job Description Full name of employee: __________________________________ Signature: __________________________________ Date: __________________________________ Signed on behalf of the Banking Ombudsman by: Signature: __________________________________ Date: __________________________________ Investigator/Senior Investigator, January 2011 7