NZQA Expiring unit standard 24756 version 2 Page 1 of 5 Title Resolve disputes in the financial services industry Level 4 Credits 5 Purpose People credited with this unit standard are able to: – demonstrate knowledge of in-house and appropriate external dispute resolution services for the financial services industry; – establish that a dispute exists in the financial services industry; – investigate a dispute and determine action to be taken in the financial services industry; – implement dispute resolution procedures in the financial services industry; and – finalise a dispute in the financial services industry. Classification Financial Services > Financial Services - Organisational Skills Available grade Achieved Explanatory notes 1 This unit standard has been based on the Australian unit of competency FNSICGEN404B, Resolve disputes available at http://ntis.gov.au. This is supported and endorsed by the Australian standard setting body Innovation and Business Services Australia and ETITO (ElectroTechnology Industry Training Organisation). 2 Assessment against this unit standard may be on job, or off job in a simulated work environment or a combination of these within the financial services industry context. 3 References Disputes Tribunals Act 1988; Disputes Tribunals Rules 1989; Arbitration Act 1996; and all subsequent amendments and replacements. 4 All activities must comply with any policies, procedures, and requirements of the organisations involved; the standards of relevant professional bodies including codes of ethics; and any relevant legislative and/or regulatory requirements. Outcomes and evidence requirements Outcome 1 Demonstrate knowledge of in-house and appropriate external dispute resolution services for the financial services industry. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard Range 24756 version 2 Page 2 of 5 external dispute resolution services may include but are not limited to – candidate’s professional body, Disputes Tribunal, the Banking Ombudsman, Insurance and Savings Ombudsman, Arbitrators’ and Mediators’ Institute of New Zealand Inc; evidence of the in-house dispute resolution service and at least one external dispute resolution service relevant to candidate’s own role is required. Evidence requirements 1.1 Jurisdiction and powers of the dispute resolution service are described in terms of its functions. 1.2 Limitations of amounts of claim by applicant are identified in accordance with dispute resolution service procedures. 1.3 Right of persons to appear and summons to witnesses are outlined in accordance with dispute resolution service procedures. 1.4 Procedure for implementing service’s dispute resolution processes are explained in accordance with dispute resolution service procedures. Range 1.5 may include but is not limited to – prescribed forms to be completed, appointment processes. Appeals processes are described in accordance with dispute resolution service procedures. Outcome 2 Establish that a dispute exists in the financial services industry. Evidence requirements 2.1 All documentation relating to the original problem is identified and clarified in terms of the grounds for the dispute. Range 2.2 Contact is made with all parties to identify and clarify the disputed issues in accordance with in-house dispute resolution procedures. Range 2.3 grounds for the dispute may include – interpretation of terms and conditions, claims, liability, validity of contract, failure to provide agreed service, provision of inaccurate advice, fraud. all parties may include – employer, insurer, claimant, risk manager, service providers, brokers, investigators or assessors, industry and professional organisations, unions. The fact that the customer has a dispute is established in terms of legitimacy and that the initial complaint has not already been settled to the customer's satisfaction. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 24756 version 2 Page 3 of 5 2.4 All information is evaluated against the organisational operating procedures in accordance with in-house dispute resolution procedures. 2.5 Information relevant to the dispute resolution process is provided to the customer. Range includes – organisation's obligations, organisational procedures and timeframes; may include – customer details, customer's past history with the company and other companies, type of business and product or service. Outcome 3 Investigate a dispute and determine action to be taken in the financial services industry. Evidence requirements 3.1 All information evaluated in performance criterion 2.4 is reviewed and further investigations are undertaken in accordance with in-house dispute resolution procedures. Range 3.2 investigations may include but are not limited to consideration of – has the correct procedure been followed, has the customer been kept informed of the progress of the dispute, was the initial decision that is being disputed based on adequate information. Timelines are established and adhered to in accordance with in-house dispute resolution procedures. Range includes but is not limited to – customer notification. 3.3 Action to be taken is determined in accordance with the facts, legislation, organisational procedures and policies, and industry codes of practice. 3.4 Appropriate personnel are informed of action to be taken in accordance with organisational procedures. Outcome 4 Implement dispute resolution procedures in the financial services industry. Evidence requirements 4.1 The customer is informed of the decision, and negotiations are carried out with claimant or representative in accordance with in-house dispute resolution procedures. Range The Skills Organisation SSB Code 100401 may include but is not limited to – giving reasons for the decision if appropriate. New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 24756 version 2 Page 4 of 5 4.2 In-house dispute resolution procedures are implemented in a manner that is timely and, as far as practicable, non-litigious, and respectful of the rights of the customer. 4.3 Unresolved disputes are referred to formal external dispute resolution services. external dispute resolution services may include – candidate’s professional body, Disputes Tribunal, the Banking Ombudsman, Insurance and Savings Ombudsman, Arbitrators’ and Mediators’ Institute of New Zealand Inc. Range Outcome 5 Finalise a dispute in the financial services industry. Evidence requirements 5.1 All outcomes of the dispute resolution process are recorded in accordance with dispute resolution service procedures. 5.2 All parties affected by the resolution decision are clearly and promptly advised on the outcome and their rights in relation to review of the decision. 5.3 Relevant documentation is prepared according to legislation, regulations and codes of practice for unresolved disputes which have been referred to formal external dispute resolution services. 5.4 Actions required by the resolution decision are attended to in accordance with dispute resolution service procedures. may include – in-house resolution, external dispute resolution service. Range 5.5 All documentation is completed in accordance with legislation and organisational procedures. This unit standard is expiring. Assessment against the standard must take place by the last date for assessment set out below. Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 20 June 2008 31 December 2017 Review 2 18 June 2014 31 December 2017 Consent and Moderation Requirements (CMR) reference 0003 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 24756 version 2 Page 5 of 5 Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMR). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016