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Discussion Paper

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Appendix 2: The Australian Benchmarks

The Australian Benchmarks for Industry-Based Customer Dispute Resolution Schemes are directly incorporated into the Act in section 52(2). They provide the key standards for schemes to meet. The benchmark principles were developed by the Consumer Affairs Division of the Australian Department of Industry, Science and Tourism, in consultation with the New Zealand Ministry of Consumer Affairs. The benchmarks were chosen as an illustration of international best practice in consumer dispute resolution schemes.

  • Accessibility: The scheme makes itself readily available to customers by promoting knowledge of its existence, being easy to use and having no cost barriers.
  • Independence: The decision-making process and administration of the scheme are independent from scheme members.
  • Fairness: The scheme promotes decisions which are fair and seen to be fair by observing the principles of procedural fairness, by making decisions on the information before it and by having specific criteria upon which its decisions are based.
  • Accountability: The scheme publicly accounts for its operations by publishing its determinations and information about complaints and highlighting any systemic industry problems.
  • Efficiency: The scheme operates efficiently by keeping track of complaints, ensuring complaints are dealt with by the appropriate process or forum and regularly reviewing its performance.
  • Effectiveness: The scheme is effective by having appropriate and comprehensive terms of reference and periodic independent reviews of its performance.

Examples of how the benchmarks might be incorporated into a scheme's rules are discussed in Part Four.

 

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