Complaints Handling Procedure for AFSL

Purpose

The key objectives of this Policy are to:

• provide clear guidelines and procedures for dealing with customer complaints; 
• ensure that complaints are dealt with promptly, efficiently and equitably; and 
• ensure that systemic and recurring problems are identified and rectified. 
  

Greenlane Group Pty Ltd and its subsidiaries and related body corporates, including Greenlane Capital Pty Ltd, the Greenlane Contributory Mortgage Fund and sub-scheme Mortgage Investments (“Greenlane”) operate a complaints handling process which must be used for all client complaints, whether they be internal or external in relation to individuals (such as employees, representatives, directors or authorised representatives), companies (including Greenlane), managed investment schemes operated by Greenlane or privately. 

Although some managed investment schemes operated by Greenlane may specify customised complaints handling procedures in their constitutions, the procedures set out in this guide are intended to meet those requirements. 

The following procedures are compliant with Australian Standard ISO 10002:2018 (Customer satisfaction –Guidelines for complaints handling in organisations) and have given regard to ASIC has Regulatory Guide 271 (“RG271”) outlining the updated requirements for how AFSL holders deal with complaints under their Internal Dispute Resolution (“IDR”) processes. 

RG271 came into effect on 5 October 2021. For complaints received before 5 October 2021, Regulatory Guide 165 (“RG165”) will continue to apply. 

Culture

Greenlane aim to cultivate an organisational culture that welcomes feedback and values complaints. A positive complaint management culture can produce beneficial outcomes for both consumers and firms. Greenlane recognise that everyone has a right to complain and they are open to receiving complaints and demonstrating a commitment to resolving complaints through action.

Greenlane operate a modified internal dispute resolution process, for a small business (less than 100 employees) in s761G of the Corporations Act to align it with the broader definition in the AFCA Rules. This guarantees consistent dispute resolution access for small business complainants through both IDR and external dispute resolution (EDR).

What is a Complaint? 

Complaints handling is a crucial first step in the dispute resolution process and plays a vital role in maintaining relationships with clients.

A complaint is defined as an expression of dissatisfaction made to or about our organisation, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required.

If in doubt, then the expression of dissatisfaction should be recorded as a complaint and the complaints handling procedure followed.

Who is the Complaints Handling Officer?

The Complaints Handling Officer is Wayne Leverington.

Any complaints about a potential breach of a client’s privacy should be referred to the Finance and Compliance Officer and or Privacy Officer.

How a Complaint can be Received

If clients are dissatisfied with a service provided by Greenlane, they should in the first instance consider speaking directly with the staff member/s you have been dealing with.

If you are uncomfortable with this or consider the relevant staff member is unable to address your concerns you can lodge a complaint, addressed to the Complaints Handling Officer, with us in one of the following ways:

• By telephoning the General Manager on (08) 6444 1739
• By writing to us at 320 Rokeby Rd, Subiaco WA 6008
• By emailing us at admin@greenlanegroup.com.au

Procedure for Handling Complaints

Timeliness is central to effective complaint management and is a key performance measure of a firm’s IDR (internal dispute resolution) process.

Important measures of timeliness include the length taken to acknowledge a complaint and to provide the complainant with a response.

Receiving a Complaint

All complaints must be referred to the Complaints Handling Officer.

All complaints, regardless of how they are received, must be recorded on a Complaint Register, utilising the Complaint Form attached to this procedure.

Upon receipt of this form, the relevant officer must enter the relevant information into the Complaints Register.

Acknowledging a Complaint

The Complaints Handling Officer must acknowledge receipt of the complaint.

Greenlane will acknowledge receipt of each complaint promptly. Unless it is a verbal complaint which has already been resolved at the time of the complaint, we will, within 24 hours (or one business day) or as soon as practicable, acknowledge the receipt of the complaint in writing.

In responding to the complaint, the officer may require the assistance of any staff member or manager. All staff are required to co-operate fully with any such request from the relevant officer.

Greenlane will acknowledge a complaint verbally or in writing (email, post or social media channels).

The response to the complainant must include—

1. details of the Complaints Handling Procedure
2. the name, title and contact details of the Complaints Handling Officer
3. if the complaint isn’t dealt with fully in the first letter, then an estimate of the time it may take Greenlane to respond to the complaint, and
4. setting out Greenlane’s findings on material questions of fact and referring to the information that supports those findings; and
5. details of any remedies available to the complainant in respect of the complaint, if applicable.

Where practicable, standard complaints will be investigated and finalised within 30 calendar days after receiving the complaint. (RG 271.56).

Consideration of a Complaint

The relevant officer will inform the General Manager, Director and the Finance and Compliance Officer.

In the case of complaints relating to the operation of a managed investment scheme by Greenlane, the Complaints Handling Officer must also inform the Responsible Managers and Authorised Representatives (where relevant).

If resolution of the complaint is not possible within 30 calendar days after receipt of the complaint, then the relevant officer must contact the complainant monthly with the progress of the complaint and provide a further estimate of when the complaint may be resolved.

Resolving a Complaint

At all times, Greenlane, its staff and the relevant officers must act reasonably in attempting to resolve a complaint.

The relevant officer will confer with the General Manager and appropriate Directors, if necessary, in order to attempt to respond fully to a complaint.

The officers will keep the appropriate Directors informed of progress in relation to outstanding complaints at regular board meetings.

If the relevant officer believes they have either resolved the complaint or they have not resolved the complaint but can do nothing more to satisfy the complainant, then Greenlane must—

1. inform the complainant of the view Greenlane has reached, setting out clear and concise reasons, and 
2. inform the complainant of the avenues open to them if the complainant is not satisfied with the response of Greenlane. 
3. If, six months after receipt of a complaint, the complaint has not been satisfactorily resolved and/or reported to the Compliance Committee, then the Compliance Committee may take additional action to rectify the complaint, as detailed in the constitution for the relevant managed investment scheme. The

Complaint’s Handling Officer must review the record of complaints at least annually and any trends must be reviewed and reported to the Finance and Compliance Officer.

Further Avenues for Complaints

If the complainant is not satisfied, then the complainant can take any of the following action: Proceed under the dispute resolution procedures.

Lodge a complaint with Greenlane’s external complaints resolution body for complaints in relation to the provision of financial services or operation of a managed investment scheme, as follows:

Financial Ombudsman Service Limited 

Postal address: GPO Box 3, Melbourne, Victoria, 3001 

Telephone: (03) 9613 7366 

Toll free: 1800 367 287 

Facsimile: (03) 9613 6399 

Contact the Office of Australian Information Commissioner for complaints in relation to privacy issues, as follows:

Telephone: 1300 363 992 

Postal address: 
Director of Compliance 
Office of the Australian Information Commissioner 
GPO Box 5218
SYDNEY NSW 2001 

Any other action which is open to the complainant under the law.

Recording Complaints 

Records of complaints must include the following: 

1. Identity of the complainant. 
2. The nature of the complaint. 
3. Date the complaint was first lodged and reported to complaints officer. 
4. Date of all correspondence in relation to the complaint. 
5. The final response time. 
6. The person handling the complaint. 
7. Resolution of the complaint. 
8. Any other relevant information.

A Complaint Form is attached to this guide and copies are also available at the following places: 

Address: 320 Rokeby Rd, Subiaco WA 6008

Email: admin@greenlanegroup.com.au

Greenlane must disclose the existence of the Complaints Handling Procedure with a summary of the procedure in all disclosure documents, Financial Services Guides and privacy policy statements.