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Handling of complaints and resolution of disputes to be provided for in code of practice
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42. (1) A provider shall prepare, publish, keep updated and implement a code of practice for dealing with complaints and for settling relevant disputes.
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(2) A code of practice shall provide for the following matters:
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(a) first point of contact for complainants, including the channels of making complaints;
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(b) a means of recording complaints;
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(c) time-frames within which a provider shall respond to and resolve complaints;
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(d) procedures for resolving complaints;
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(e) informing the complainant that a dispute may be referred to the Commission where—
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(i) the dispute has been resolved in accordance with the code of practice and the complainant is dissatisfied with the resolution, or
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(ii) the dispute has not been resolved and at least 10 working days have passed since the day on which the complaint was first notified to the provider;
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(f) cases where reimbursement of payments, payments of compensation and payments in settlement of losses incurred will be made;
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(g) retention of records of complaints (including copies of the complaint, any response to it, any determination in respect of the complaint and any documentation considered in the course of such determination).
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(3) The Commission may specify requirements to be met for the purpose of ensuring compliance with subsection (1) and the manner of publication of a code of practice referred to in that subsection including, without limitation, any requirements to ensure that the code of practice and procedures for dealing with complaints and settling disputes are fair, prompt, transparent, inexpensive and non-discriminatory.
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(4) The Commission may serve a direction on a provider requiring that provider to make such alterations or additions to its code of practice as the Commission may specify in the direction.
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