In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that organisations aspire to achieve in their efforts to ensure that they are aware of and take steps to comply with relevant laws, policies, and regulations.
Due to the increasing number of regulations and need for operational transparency, organisations are increasingly adopting the use of consolidated and harmonised sets of compliance controls.
This approach is used to ensure that all necessary governance requirements can be met without the unnecessary duplication of effort and activity from resources.
How to Complain
It is Arch Insurance Australia (“AUAL Australia”) intention to provide an excellent service to all our customers; however, we recognise that there may be occasions when you feel that this has not been achieved. If you are unhappy with any aspect of the service that you receive, please contact either your usual insurance adviser or:
The Complaints Manager
Arch Insurance Australia
Level 11, Suite 11.02
360 Collins Street
Telephone: +61 3 9629 5444
Email: [email protected]
Please state the nature of your complaint, and, if applicable, the policy and/or claim number, the name of any claim handling organisation with whom you have been dealing and their reference number.
- We will issue an acknowledgement of the complaint promptly, giving an indication of the action that will be taken and the time-scales.
- We will investigate the complaint and respond within 15 business days provided we have all necessary information and have completed any investigation required. In cases where further information, assessment or investigation is required, we will agree reasonable alternative timeframes.If you remain dissatisfied after our response, please contact Lloyds Australia Limited as explained onthe attached “What to do if you have a complaint” brochure.
The existence of this complaints procedure does not affect any right of legal action you may have against AUAL Australia.
What to do if you have a complaint?
Lloyd’s is the world’s specialist insurance and reinsurance market, bringing together an outstandingconcentration of underwriting expertise and talent.
In Australia, Lloyd’s is proud to be a member of the Insurance Council of Australia. Lloyd’s has adopted theGeneral Insurance Code of Practice subject to certain specific qualifications. You can obtain a copy of the code at www.codeofpractice.com.au
Our aim is to provide the highest service to our Australian policyholders and, to this end, we have developed thefollowing procedures for the fair handling of complaints from Lloyd’s policyholders.
How can we help you?
There are established procedures for dealing with complaints and disputes regarding your policy or claim. Policyholders may be able to take advantage of the complaints service, as may third party motor vehicle claimants who are uninsured and where the amount in dispute is less than $15,000.
Any enquiry or complaint relating to a Lloyd’s policy or claim should be addressed to either your Lloyd’sinsurance intermediary (“the coverholder”) or to the administrator handling your claim in the first instance – in most cases this will resolve your grievance.
They will respond to your complaint within 15 business days provided they have all necessary information and have completed any investigation required. Where further information, assessment or investigation is required, they will agree to reasonable alternative timeframes with you. You will also be kept informed of the progress of your complaint.
In the unlikely event that this does not resolve the matter or you are not satisfied with the way your complaint has been dealt with, you should contact:
Lloyd’s Australia Limited
Level 9, 1 O’Connell St
Sydney NSW 2000
Telephone: (02) 8298 0783
Email: [email protected]
We will usually require the following information:
- Name, address and telephone number of the policyholder;
- Details of the policy concerned (policy and/or claim reference numbers, etc);
- Details of the insurance intermediary through whom the policy was obtained;
- Reasons why you are dissatisfied;
- Copies of any supporting documentation you believe may assist us in addressing your dispute appropriately.
Following receipt of your complaint, you will be advised whether your matter will be handled by Arch Insurance Australia or the Lloyd’s Complaints team in the UK, or what other avenues are available to you:
- Where your complaint is eligible for referral to the Australian Financial Complaints Authority (AFCA), your complaint will generally be reviewed by a person at Lloyd’s Australia with appropriate authority todeal with your dispute.
- Where your complaint is not eligible for referral to AFCA, Lloyd’s Australia will refer your complaint to the Lloyd’s Complaints team in the UK if it falls within the jurisdiction of the UK Financial Ombudsman Service. They will review your complaint and liaise directly with you.
- For all other matters you will be advised of what other avenues may be available to you.
How long will the Stage 2 process take?
Your complaint will be acknowledged in writing within 5 business days of receipt, and you will be kept informed of the progress of our review of your complaint at least every 10 business days.
The length of time required to resolve a particular dispute will depend on the individual issues raised, however in most cases you will receive a full written response to your complaint within 15 business days of receipt, provided we have received all necessary information and have completed any investigation required.
External Dispute Resolution
If your complaint is not resolved in a manner satisfactory to you or we do not resolve your complaint within 45 calendar days of receiving it at Stage 1, you may refer the matter AFCA as follows:
AFCA can be contacted by:
Post: GPO Box 3, Melbourne VIC 3001
Phone: 1800 931 678
Email: [email protected]
More information can be found on their website www.afca.org.au
AFCA is an independent body that operate nationally in Australia and aim to resolve disputes between you and your insurer. AFCA provides fair and independent financial services complaint resolution that is free to consumers. Your dispute must be referred to AFCA within 2 years of the date of our final decision. Determinations made by AFCA are binding upon us.
Customers not eligible for referral to AFCA, may be eligible for referral to the UK Financial Ombudsman Service. Such referral must occur within 6 months of the final decision by the Complaints team at Lloyd’s. Further details will be provided with their final decision to you.
How much will this procedure cost you?
This service is free of charge to policyholders.
Arch Underwriting at Lloyd’s (Australia) Pty Ltd Public Family Violence Policy
This policy sets out Our commitment to assist Customers that may be affected by Family Violence. This policy only applies in relation to Retail Insurance.
We are committed to assisting Customers who may be experiencing Family Violence with sensitivity, dignity, respect, compassion and take into account such Customers’ security and financial hardship circumstances where applicable.
This may include arranging additional support in relation to your insurance arrangements or, for example, referring you to people, or services, with specialist training and experience to assist you with your personal circumstances.
Certain terms have special meaning as set out in the Definitions section below.
We provide appropriate training to all our employees to help them:
- understand if you may be vulnerable;
- identify, support and avoid harm to Customers affected by Family Violence;
- decide about how best, and to what extent, we can support you;
- protect private and confidential, and personal information of Customers affected by Family Violence.
- take account of your particular needs or vulnerability; and
- engage with you with sensitivity, dignity, respect and compassion — this may includearranging additional support, for example referring you to people, or services, with specialist training and experience.
We will review and update our training on a regular basis.
If you are in immediate danger
The safety of you and your family is of utmost importance.
Call the police on 000 if you or your family members are in immediate danger.
Once an emergency situation has passed you can later contact us in relation to your insurance needs.
Tell us about your situation if you can
Where you are in a position to tell our employees about your circumstances or concerns please do this so we can offer support and assistance in a timely manner.
[Note: This is not an obligation imposed on subscribers under the Code. It is more appropriate to include this in the internal policy.]
Support and Assistance
When we become aware that you may be in a Family Violence situation, we will make a record of this to try and minimise the need for you to make repeated disclosure to us about your situation.
We will discuss safe ways to communicate with you and record this on file for example:
- whether it is a good time to talk;
- if it’s safe to leave phone messages; or
- alternative ways to contact you or your support person.
Our employees may ask you questions about your current situation to understand whether it is safe to continue with the call at that time. For example, by asking if you are alone or with someone else at the time. This information may also assist us to refer you to an appropriate external service provider also for further help.
You can ask us to deal with a support person on your behalf at any time. We will need their contact details and consent from you to do this.
If we identify that you may be in a Family Violence situation we will ask in any case if you would like us to deal with a support person on your behalf (for example, a lawyer, consumer representative, counsellor, interpreter, relative or friend) and to provide us with their details if you can so that we can contact them to continue the call with your consent to reduce the risk of you being exposed to danger.
If you would prefer to only speak to an employee with a particular gender because of your circumstances we will arrange for this provided it is practical for us to do so. In time critical situations this may not always be the case.
Your policy details
We will ask you if you have more than one policy or account that needs to be amended due to Family Violence and will proactively search for other policies in your name to ensure that any protection we put in place for you applies across all the policies you hold with us.
We will help you to set up new insurance policies if required.
We will arrange for correspondence in relation to joint policies to be sent to different addresses (whether physical or email) for you and the alleged perpetrator if you request this.
We will inform you about the circumstances and nature of information that we have to share with the alleged perpetrator so that you can make arrangements accordingly.
Private and Confidential Information
We are committed to the security of your personal information and will engage with you to determine your preferred methods of communication.
We will minimise the need for you to repeat disclosure.
We will not disclose your personal information to the alleged perpetrator of the Family Violence if you tell us who they are, even if they are a joint policyholder, unless we are required to do so by law.
Where you have told us you are in a Family Violence situation we recommend that you update any personal security codes you may use to prevent access to your information by the alleged perpetrator, especially if they are based on information the alleged perpetrator may be aware of.
Our employees will handle a claim with sensitivity, flexibility and care if:
a. you and the alleged perpetrator are joint policyholders; or
b. the alleged perpetrator has caused the claim — for example, by damaging the property the
subject of the claim.
If you are affected by Family Violence and you made a claim with us, we will support you throughout the claims process depending on your circumstances, for example, we may fast track your claim, provide you with emergency payments or accommodation and/or review decisions that we made where there is ambiguity about cover.
We will not require you to do either of the following (unless you are comfortable doing so):
- make direct contact with the alleged perpetrator; or
- make a police report about the alleged perpetrator.
We will try to make sure any claim payment is made to the appropriate party or parties, as applicable and subject to any legal obligations we must abide by.
We will also ensure that anyone visiting your home or site on our behalf is trained and aware that you may be in danger, and be mindful that events that result in insurance claims can trigger violence.
Financial Hardship Assistance
If you tell us, or we identify, that you are being affected by Family Violence, we will ask about your financial situation to determine if you are experiencing Financial Hardship.
In addition to the Code’s existing requirements about Financial Hardship, we will:
- fast-track the financial hardship request; and
- provide options for you to retain your policy if you cannot pay the premium. Suchoptions could include:
- changing the benefit structure or the sum insured;
- reducing the benefits, or removing, or altering, benefit options; or
- pausing premium payments, without cancelling the policy.
If you have an outstanding debt with us, or if you are experiencing family violence which impacted on your financial wellbeing to meet your payment obligations, please contact us so we can discuss how we may help.
The following are a list of specialist service providers identified by the Insurance Council of Australia that may be able to assist customers experiencing Family Violence. We do not have any affiliation or relationship with these organisations and are not responsible for any assistance services they may provide.
- Kildonan UnitingCare
- 1800 RESPECT Ph. 1800 737 732
- Domestic and Family Violence Response Training
- Lifeline Australia Ph. 13 11 14
- Mensline Ph. 1300 78 99 78
Australian Capital Territory
- Legal Aid ACT
New South Wales
- NSW Health Education Centre Against Violence
- Women’s Domestic Violence Court Advocacy Service • Gendered Violence Research Network, UNSW
- Ask LOIS (Women’s Legal Service NSW)
- LawAccess NSW
- Legal Aid NSW
- Northern Territory Legal Aid Commission
- Queensland Centre for Domestic and Family Violence Research • Legal Aid Queensland
- Legal Services Commission of South Australia
- Legal Aid Commission of Tasmania
- Domestic Violence Resource Centre Victoria
- Victoria Legal Aid Western Australia
- Women’s Council for Domestic and Family Violence Services • Legal Aid WA
“Customer, you, your” means an individual insured, a third party beneficiary, a potential customer or an individual we are seeking to recover money from.
“Family Violence” means violent, threatening, or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful. Examples of behaviour that may constitute family violence include, but are not limited to the following:
- physical violence;
- emotional abuse;
- psychological abuse or controlling behaviour;
- sexual abuse;
- financial or economic abuse;
- damage to property;
- abuse of older Australians;
- technological abuse, such as abusive emails or tracking activity on phone and electronic devices;
- behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of behaviour referred to above.
Retail Insurance means a general insurance product that is provided to, or to be provided to, an individual or for use in connection with a Small Business, and is one of the following types:
a. a motor vehicle insurance product (Regulation 7.1.11);
b. a home building insurance product (Regulation 7.1.12);
c. a home contents insurance product (Regulation 7.1.13);
d. a sickness and accident insurance product (Regulation 7.1.14); e. a consumer credit insurance product (Regulation 7.1.15);
f. a travel insurance product (Regulation 7.1.16);
g. a personal and domestic property insurance product (Regulation 7.1.17), as defined in the Corporations Act 2001 and the relevant Regulations.
- Small Business means a business that employs:
a. less than 100 people, if the business is or includes the manufacture of goods; or
b. otherwise, less than 20 people.
“we, us, our” means Arch Underwriting at Lloyd’s (Australia) Pty Ltd ABN 27 139 250 605.
Arch Underwriting at Lloyd’s (Australia) Pty Ltd (“AUALA”) is a proud supporter of the intent of the Privacy Act 1988 as amended by the Privacy Amendment (Notifiable Data Breaches) Act 2017. OUR aim is to provide the highest service to OUR Australian Policyholders, and to that end, have developed the following procedures for the fair handling of personal information.
Why WE collect personal information
WE collect personal information in order to provide you with insurance and insurance related services. Only information necessary for the completion of the above services, AUALA business, or related activities will be collected. This includes information necessary to consider the risk, administer the insurance, assess a claim and determine competitive and appropriate premiums.
WE may also sometimes collect personal information for the development of better products and services, and for conducting marketing and customer service research. WE may sometimes share this information with OUR related companies in order to serve you better.
WE usually collect identifying information such as your name, address, contact telephone numbers and email addresses. If you are applying for a product WE may offer, WE may also need to collect specific information that will enable US to supply that product to you. WE will collect and store this information in a manner that allows US to assist you in the future.
Some products or services may require US to collect ‘sensitive information’, which may include (but is not limited to) your membership of associations, health data, and criminal records. WE will only collect this type of information where necessary to provide OUR services to you and in accordance with the Privacy Act 1988.
If you do not agree to provide US with the information WE request, WE may not be able to offer you the product or services you seek.
How WE collect personal information
Collection can take place through websites (from data input directly or through cookies and other web analytic tools), email, by telephone or in writing. WE collect it directly from you unless you have consented to collection from someone other than you, it is unreasonable or impracticable for US to do so or the law permits US to.
If you provide US with personal information about another person, you must only do so with their consent and agree to make them aware of this privacy notice.
Who WE disclose your Personal Information to
Your personal information will only be disclosed to third parties where the disclosure is reasonably required in order to carry out AUALA’s business or activities, unless you have authorised otherwise, or if required by law.
The third parties include: OUR related companies and OUR representatives who provide services for US, other insurers and reinsurers, OUR claim management partner(s), your agents, OUR legal, accounting and other professional advisers, data warehouses and consultants, investigators, loss assessors and adjusters, other parties WE may be able to claim or recover against, and anyone else appointed by US to review, and handle complaints or disputes, and any other parties where permitted or required by law.
Security of your personal information
WE will endeavour to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. WE maintain physical security over OUR paper and electronic data stores and premises, by means such as locks and security systems. WE also maintain computer and network security. For example, WE use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords, to control access to computer systems where personal information is stored.
WE may need to transfer your personal information overseas in order to properly carry out OUR business. The countries in which these recipients of your personal information are located will depend on the types of services WE provide to you, the location of the reinsurer and the location of other services providers. WE are unable to identify this location until such time as the services have been provided and this may be subject to change whilst the services are being provided.
In all cases WE will take reasonable steps to ensure all entities to whom WE transfer your personal information comply with the Privacy Act 1988 including ensuring appropriate security measures are taken by those entities to protect your personal information from unauthorised access and use.
Accuracy of and access to your personal information
WE will take reasonable steps to ensure that the personal information you provide is accurate, complete and up to date, whenever it is used, collected or disclosed. You are entitled to access your personal information if you wish and request correction if required. WE may request reasonable costs from you to cover retrieving this information.
If WE send you any information about services or products, or you do not want US to disclose your personal information to any other organisation you can opt out by contacting US by telephone on 02 8284 8400.
Notifiable Data Breach
If WE identify a breach or suspected breach of your personal information WE will make an assessment expeditiously and within 30 days to determine if a breach has occurred that is likely to cause you serious harm, an “eligible data breach”. If an eligible data breach is identified WE will notify you and the Australian Information Commissioner of the breach as soon as practicable. WE will also provide you with recommendations of the steps you should take in response to the breach. When making contact with you, WE will use the usual method of communication. If WE cannot contact you, WE will place a notice on OUR website.
Complaints regarding the handling of your personal information
If you are dissatisfied about how WE have handled your personal information you have the right to make a complaint about the matter.
In the first instance, please raise your complaint with AUALA by either writing to US at Arch Underwriting at Lloyd’s (Australia) Pty Ltd, Suites 4.01 & 4.02, Level 4, 68 York Street Sydney NSW 2000 or by telephone 02 8284 8400 or email [email protected] WE will investigate the matters raised by you and respond directly to you within 30 days.
If you are dissatisfied with OUR response, you should refer the matter to the Office of the Australian Information Commissioner:
GPO Box 5218, Sydney NSW 2001.
Phone toll free: 1300 363 992
TTY: 133 677 then ask for 1300 363 992
Email: [email protected]