City Index Limited
At City Index we take complaints very seriously. If you have any
complaint in relation to the services provided to you, you should
inform us immediately.
Set out below are the procedures for the handling of complaints
and disputes with respect to the provision of financial services by
City Index.
1. Dispute resolution system
(a) Internal Dispute Resolution (IDR) procedures that comply
with Australian Securities and Investments Commission ("ASIC")
standards and that cover complaints made by retail clients about
the financial services provided;
(b) membership of Financial Ombudsman Service (FOS), an external
dispute resolution scheme, approved by ASIC, that covers complaints
made by retail clients in relation to the financial services
provided by City Index.
1.1. How complaints are received and dealt with
When a client complains, the person to whom the complaint is
directed has 24 hours to attempt to resolve the complaint directly
with the client.
If the complaint cannot be resolved within 24 hours by the relevant
staff member it must be escalated to The Compliance Officer,
Australia.
Within 5 business days of being notified of the complaint, The
Compliance Officer, Australia will ensure that an acknowledgement
letter is sent to the client identifying themselves as the person
who will handle the complaint and to explain the complaints
handling process and any rights they have.
1.2. Maximum time frame for dealing with a complaint
The Compliance Officer, Australia will act as an impartial
investigator and will attempt to resolve the complaint with the
client within 4 weeks of the acknowledgement letter being
sent.
If the complaint cannot be resolved within the 4 week period then a
more detailed letter will be written to the client explaining this
fact and, if necessary, seeking further information. The Compliance
Officer, Australia will then have an additional 4 weeks to resolve
the complaint.
1.3. Remedies for resolving complaints
Each complaint received by City Index is handled case-by-case,
and applicable remedies will vary due to the unique circumstances
of each complaint. These remedies include, but are not limited
to: written or verbal explanation of the issue; referring to
and explaining disclosure documents and inherent risks; offering a
product or subscription service for a reduced rate; refunding or
crediting a client account; assisting complainants in formulating
or lodging complaints; and determining and implementing
case-specific remedies. Complaints will be handled at no charge to
the complainant, subject to statutory requirements.
1.4. Referring unresolved complaints to an External Dispute
Resolution scheme (EDR Scheme)
A final determination letter will be sent after 8 weeks of
investigation and it will explain the options the client may have
to further pursue the matter, ie, pursuing the matter with City
Index Australian EDR Scheme, FOS.
In addition, any Product Disclosure Statement ("PDS") and Financial
Services Guide ("FSG") issued by City Index will detail the
procedures for making a complaint and will note that if a client is
not satisfied with the outcome of the complaint resolution
procedures, the client has the right to contact FOS.
1.5. Recording and monitoring of complaints
The Compliance Officer, Australia ensures that a register of all
complaints is maintained.
The Compliance Officer, Australia, at a minimum, reviews the
complaints history twice a year, and documents the results and any
comments or recommendations in the relevant monthly compliance
report.
In addition, City Index complaints history will be reviewed as part
of the annual compliance audit/compliance monitoring program. The
results of the review and any comments or recommendations will be
detailed in the post compliance audit report.
The information that relates to individuals (or systems) is shared
with the relevant people, their supervisors, and HR and forms part
of the consideration of the individuals and their managers'
competence assessments and personal development plans.
1.6. Guides to Internal Dispute Resolution procedures (IDR
Procedures) available to clients
City Index provides all clients with terms and conditions which
detail the IDR procedures and which are also available from City
Index on request.
Any PDS and FSG issued by City Index will also detail the
procedures for making a complaint. A PDS and FSG will be provided
to every retail client in accordance with the Corporations Act 2001
(Cth).
1.7. Documenting IDR Procedures
All City Index staff members are made aware of the procedures
for handling complaints. Upon joining City Index, new staff members
are given an electronic copy of the Compliance Procedures Manual
and are asked to sign that they undertake and agree to comply with
its requirements. A full copy of the Compliance Procedures Manual
is available online for reference by staff members at all
times.
2. EDR Scheme
2.1. Membership to FOS
The Financial Ombudsman Service (FOS) is an ASIC approved EDR
scheme which can deal with complaints about all of the financial
services that City Index will provide to retail clients under its
AFS licence namely:
- provide financial product advice
- make a market and
- deal
in derivatives and foreign exchange products.
The Compliance Officer, Australia, has the primary
responsibility for dealing with FOS.
Complaints that cannot be resolved via the internal procedure
detailed above may be referred to FOS.
In most cases FOS will then facilitate discussion and, as
appropriate, negotiation between the parties. At this stage the
issues that are in dispute will be identified. If the dispute
cannot be resolved through discussion, FOS will facilitate
conciliation between the parties. The conciliation will attempt to
assist the parties to settle the dispute and agree on the terms of
a settlement.
We understand that if a conciliation does not result in a
resolution of the dispute, the matter can be referred to relevant
law, fairness and reasonableness of the dispute. As a member of
FOS, any decision by the adjudicator or panel is binding on City
Index and on you if you accept it. If you do not accept the
decision, you may pursue the dispute in another forum.
Further information can be found on their website http://www.fos.org.au/
Pursuant to the requirement in condition 19 of City Index Ltd's
AFS licence, if City Index Ltd ceases to be a member of FOS or
other EDR Scheme, The Compliance Officer, Australia is to notify
ASIC within 3 business days, stating:
- the date City Index Ltd ceases membership;
- the reasons City Index Ltd membership of the EDRS(s) has ceased
(including circumstances where the EDRS is no longer operating,
failure by the licensee to renew their membership of the EDRS or
where the EDRS has terminated the licensee's membership of the
EDRS);
- details of the new EDRS(s) City Index Ltd intends to or has
joined (including the date the membership commences and the name of
the EDRS); and
- details that provide confirmation that City Index Ltd is
covered by EDRS(s) covering complaints made by retail clients in
relation to the provision of all of the financial services
authorised by this licence.