An alternative to the traditional court and tribunal system is to utilise private dispute resolution schemes. The particular industry you are dealing with might operate such a scheme, which include the following:
• The Energy and Water Ombudsman Victoria (EWOV) investigates and facilitates the resolution of complaints and disputes by consumers against electricity, gas and water providers. Binding determinations can be made up to the value of $20 000 or $50 000 with the consent of all parties.
• The Telecommunications Industry Ombudsman (TIO) investigates and facilitates the resolution of complaints and disputes by consumers against telecommunications service providers, including landline, mobile phone and internet services. The TIO can handle complaints where the consumer became aware of the complaint event up to six years before coming to the TIO. However, the TIO will not investigate complaints where legal proceedings have commenced. The TIO can make binding decisions (up to $50 000) and recommendations (up to $100 000).
• The Australian Financial Complaints Authority (AFCA) replaced the Financial Ombudsman Service, the Credit and Investments Ombudsman, and the Superannuation Complaints Tribunal on 1 November 2018. AFCA deals with complaints from consumers and small businesses about all financial service entities (including banks, credit unions, brokers, financial planners, insurers, superannuation funds, finance companies, payday lenders, and debt collectors). AFCA can consider consumer complaints worth up to $1 million and can award up to $500 000 in compensation. For small businesses, compensation is capped at $2 million. AFCA can consider disputes about credit facilities of up to $5 million.
• Domestic Building Dispute Resolution Victoria (DBDRV) is an independent government agency that resolves domestic (residential) building disputes. The focus is on conciliation, which involves bringing together both parties to discuss and resolve matters in dispute. The DBDRV can appoint qualified expert assessors to conduct building assessments to assist the resolution process. If conciliation does not resolve the dispute, the Chief Dispute Resolution Officer has the power to issue binding dispute resolution orders and certificates.
Parties involved in DBDRV dispute resolution have the right to apply to VCAT for a review of certain actions and decisions made by the DBDRV.
• The Public Transport Ombudsman (PTO) investigates and facilitates the resolution of complaints from people using and affected by public transport in Victoria. This includes complaints about metropolitan and regional trains, trams and buses, as well as ticketing systems and impacts of public transport works. The PTO can deal with complaints about:
– service delivery and disruptions;
– ticketing and myki, including refunds and reimbursements;
– conduct of public transport staff;
– public transport infrastructure, land and vehicles; and
– public transport works.
The PTO will attempt to resolve the complaint by agreement, but in the absence of an agreed outcome, the PTO can make a binding determination up to the value of $5000. The PTO cannot investigate complaints about fare increases, government policy or public transport fines. As well as individual complaints, the PTO can also investigate broader systemic problems relating to public transport.
All these schemes are independent and free, and are less formal and generally speedier than tribunals and courts. You are generally required to give the business a chance to resolve the complaint before the scheme will consider it. When resolving a dispute the schemes are required to take account of law, good industry practice and what is fair and reasonable in all the circumstances.
For a list of alternative dispute resolution schemes, see “Contacts”.