INSURANCE COMMISSION OF WA

Complaints Policy

This Complaints Policy establishes procedures for the Insurance Commission of Western Australia (Insurance Commission) to effectively manage and resolve complaints from clients and members of the public. It meets the criteria for effective Complaints Handling laid down by the Australian Standard (AS 4269-1995).

1. Introduction

Our management and staff respect the right of members of the community to complain about the standard of services that we provide. Our commitment to fair, equitable and timely resolution of complaints is described in this Policy and related documents.

2. Purpose

The purpose of our Complaints Policy is to:

  • Recognise, promote and protect customers’ rights, including the right to comment and complain.
  • Provide an efficient, fair and accessible mechanism for resolving customers’ complaints.
  • Provide information to customers on the Insurance Commission’s complaints handling process.
  • Monitor complaints in an endeavour to improve the quality of products and services.
  • Increase the level of customer satisfaction with the delivery of services.

We have a customised computerised Complaints System which will provide benefits to the community and opportunities to our organisation to improve customer service in all areas by:

  • creating a second chance to provide service and satisfaction to dissatisfied customers;
  • ensuring a consistent method of management, monitoring and reporting of complaints,
  • identifying areas that need improvement;
  • providing opportunities to strengthen community support for the Insurance Commission; and
  • assisting in planning and in the allocation of resources.

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3. Definitions

Claimant means a person who has a claim with the Insurance Commission.

Complaint means a genuine expression of dissatisfaction or concern regarding the Insurance Commission's services, or the complaints handling process itself, made to the Insurance Commission by, or on behalf of:

  • a claimant;
  • an individual client - including government agencies;
  • a group or member of the public.

Complaint does not mean a dispute with a decision or policy of the Insurance Commission. In particular, a complaint does not mean a dispute with:

  • the Insurance Commission's assessment of liability (i.e. fault) with respect to a claim;
  • the Insurance Commission's settlement offer on a claim;
  • the Insurance Commission's assessment of, and payments for;
    • Special Damages, being reasonable expenses related to the treatment of injuries received in a crash, together with compensation for any loss of earning capacity sustained.
    • General Damages (Non Pecuniary Loss), being damages awarded for pain, suffering and inconvenience experienced as a result of injuries, together with any disability.

A complaint may be made in person, by phone, fax, email, in writing and via the Insurance Commission’s Internet. Verbal complaints will be documented immediately by the employee who receives the complaint.

Complainant means the person or organisation making the complaint.

Client/Customer means a person or organisation receiving advice, a service, using the facilities, or engaged in a business relationship, or any other person or organisation having an interest in the functions or activities of the Insurance Commission.

Dispute means a customer’s formal disagreement which leads to some type of internal or external review or determination.

Organisation means a company, firm, enterprise or association, or part thereof, whether incorporated or not, public or private, that has its own function(s) and administration.

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4. Commitment

We are committed to efficient and effective complaints management. Our commitment involves:

  • all levels of the Insurance Commission, particularly the organisation’s Executive Committee;
  • encouraging an organisational culture that welcomes complaints as an opportunity to improve services by having a computerised Complaints System to manage complaints;
  • the adoption and dissemination of this policy – ‘Insurance Commission Complaints Handling Policy'; and
  • reporting information about complaints management in our Annual Report, including the number of complaints received, the amount of time taken to resolve the complaints, and service improvements made as a result of the complaints received.

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5. Fairness

We recognise the need to be fair to both the complainant and the Insurance Commission or employee against whom the complaint is made.

If a customer complains, we will:

  • treat the complainant with tact, courtesy and fairness at all times;
  • maintain appropriate confidentiality of the complaint at all times;
  • not victimise or harass the complainant as a result of any complaint he/she makes against us;
  • not discriminate against the complainant because of any disability,
  • his/her colour, race, religion, age, sex or sexual orientation.

The complainant can provide and request all relevant material to support the complaint within the boundaries of the Freedom of Information Act 1992. Information that is considered privileged information under the Act will not be made available to the complainant.

We will provide a response to the complainant and inform the complainant of our decision and the reasons for that decision.

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6. Complaints about employees

If you have a complaint about one of our employees, please lodge your complaint against 'person' on the Complaint Form if you are completing it online. If you are lodging your complaint in another way (e.g. phonecall, letter, fax) please address it to or ask to speak to the employee's Supervisor or Manager. If you do not know the employee's full name, please provide their first name and your Claim Reference Number (if you have one).

All complaints about employees are referred on to the relevant Divisional Manager. Where and when appropriate, and in consideration of our obligations under the Public Interests Disclosure Act 2003, the employee will be: given the opportunity to comment; informed of the final resolution/decision and the reason for that decision; and provided with a copy of the final reply to the complainant.

If the relevant Manager deems it appropriate, the employee will receive appropriate training and/or counselling.

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7. Resources

We have resources committed to the handling of complaints by way of a customised computerised Complaints System that is available to all employees for the recording of, and management of, complaints.

In addition, we provide employees with training in our Complaints Policy, Complaints System and in the skills of listening, problem solving, and conflict resolution. This is to ensure that our employees are skilled, motivated and empowered to be sensitive to, and welcome complaints and feedback. This training is part of the induction for new employees, and is regularly reinforced and updated.

8. Visibility of the complaints process

We promote the existence of our Complaints Policy and Complaints System through:

(a) A direct link to ‘Complaints’ on the front page of our website.

(b) A sign that welcomes feedback, including complaints, which is displayed prominently in our foyer.

(c) A brochure titled How to make a complaint which is available freely from the Insurance Commission website , display stands at the Insurance Commission reception, or upon request.

(d) Publishing the numbers and categories of complaints we receive and the resulting improvements we have made to our processes in our Annual Report.

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9. Access to the complaints process

A person wishing to make a complaint may do so in person, by telephone, by letter, by fax, by e-mail or via our website.

All complaints made with us will be lodged via a ‘Complaint Form’, and recorded on to our Complaints System.

A person may lodge a complaint by filling out and completing a ‘Complaint Form’ the Insurance Commission's website. For complaints made in person or by telephone, letter, fax, or e-mail, one of our staff members will complete a Complaint Form on behalf of the complainant and attach any associated correspondence that has been received (e.g letter, fax, email).

Where a complaint is made in person at the Insurance Commission, we will respect that the customer may wish to make the complaint in a private area where he/she may feel more comfortable.

Complaints are best made to the member of staff with whom the customer has been dealing. They can, however, be directed to the Public Relations Manager or a Supervisor or Manager. Approaching independent external sources for assistance is another option available.

10. Assistance with lodging complaints

Our staff will assist people who may have difficulty making a complaint. For example, interpreters will be provided to assist people with limited English who would prefer an interpreter.

In addition, staff will complete a Complaints Form on behalf of anyone making a complaint over the phone or in person. They will also assist those with limited literacy skills by confirming the details of the complaint verbally.

11. Complaints made on behalf of another person

If it is difficult for a customer to personally make a complaint, a complaint may be made on his/her behalf by another person.

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12. Responding to complaints

If a customer complains, we will:

  • attempt to resolve the complaint at the first point of contact, where possible;
  • acknowledge receipt of the complaint no later than five working days;
  • where a complaint is not fully understood, telephone the person who lodged the complaint to ensure we understand the issues correctly; and
  • for complaints not resolved "on the spot", aim to resolve the complaint and issue a response within 15 working days.

If these time frames cannot be met, we will tell the complainant why and give some idea of when we will reply in full.

We may, at any time after receiving a complaint, decide not to deal with the complaint, or to stop dealing with the complaint, because:

a) it does not relate to a matter we have power to deal with;
b) it is frivolous, vexatious, misconceived or lacking in substance; or
c) having regard to all the circumstances of the case, the enquiries into, or the continuance of the enquiries into the matter raised in the complaint, is unnecessary or not justified.

The Public Relations Manager, in consultation with other relevant senior staff, will make decisions of this nature where appropriate. If we decide not to deal with a complaint, or to stop dealing with a complaint, we will inform the complainant of the decision and the reason(s) for the decision.

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13. Charges

We will not apply any fee or charge for the lodgement of a complaint.

14. Complaints System

We have a customised computerised Complaints System for the recording and acknowledgment of complaints, and reporting of complaints. This system enables complaints to be managed at various stages.

First stage: Recording and acknowledgment of the complaint and attempted resolution by front line staff.

Second stage: If the complainant is still not satisfied, a more senior staff member such as a Supervisor or Manager will review the person’s complaint and the results of the review will be reported to the complainant.

If the complainant remains dissatisfied, we will consider other options that may available to achieve a resolution.

Third stage: Iif the complaint cannot be resolved within the organisation, the complainant will be referred to an outside agency, such as the Ombudsman.

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15. Remedies

We will endeavour to resolve all complaints received as fairly as possible and in a timely manner. Some of the remedies that we may use to help resolve complaints include:

Rectify mistakes
Where we have made a mistake, taken too long to follow up a matter, or simply overlooked a matter, we will take immediate action to rectify the mistake or situation as soon as practicable.

Information
We have a Freedom of Information (FOI) brochure that clearly explains the documents we hold, how to make a FOI application and rights of review.

Employee training and counselling
Where a complaint is made about an employee, whether it is about the employee's general manner or about the employee providing wrong information, and after investigation if we consider the complaint is justified, the employee will be provided with training and/or counselling.

Referral
As outlined in this Complaints Policy, if a complaint cannot be resolved by us, the complainant will be referred to the Ombudsman for Western Australia.

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16. Collecting and recording information about complaints

Complaint data will be recorded using the Complaint Form. Complaint data will be collected, analysed and reported using our Complaint Management System. Complaint data, enquiry outcomes and service improvements will be reported regularly to our Executive Committee and Board of Commissioners.

17. Storage of complaint records

Records of all complaints will be retained in our Complaints System, both for reasons for confidentiality and for monitoring and evaluation purposes. For example, complaints received from claimants will not be kept on Claims File, instead they will be retained in the Complaints System. Access to the complaints records will be restricted to authorised staff.

18. Categorising complaints

Complaint data is collected, collated and reported in categories to enable us to identify policies, practices, facilities, etc. that are in need of review and that also contribute to improved customer focus and business outcomes.

19. Evaluation

Service improvements recommended or implemented as a result of complaints (and/or suggestions) are to be reported to our Executive Committee for incorporation into reports prepared for our Board of Commissioners.

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20. Review

The Complaints Policy will be reviewed at regular intervals to ensure it meets the needs of the Insurance Commission and its customers.

21. Enquiries

Please direct enquiries about the Complaints Policy to:

Public Relations Manager
Insurance Commission of Western Australia
The Forrest Centre
221 St Georges Terrace
Perth WA 6000

Postal Address:
GPO Box U1908
PERTH WA 6485

Telephone: (08) 9264 3374
Facsimile: (08) 9264 3396
E-mail: Public Relations Manager

22. Acknowledgements

Our Complaints Management Committee has prepared this document based from the principles listed in the Australian Standards Complaints Handling (AS 4269-1995).

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