Merge, rescue or replace the Ramsay ERD choices
A panel appointed by the Treasurer to review external dispute resolution processes in the financial services industry will consider several options for expanding the scope of EDR and improving consumer outcomes, including a merger of existing schemes, a "triage" overlay and the creation of a new body to deal with small business complaints.Treasury has released a consultation paper and called for responses from interested parties.The panel, headed by Melbourne Law School professor of commercial law Ian Ramsay, will issue an interim report in November.The Government has asked the panel to examine the Financial Ombudsman Service, the Credit and Investments Ombudsman and the Superannuation Complaints Tribunal and consider whether changes to current dispute resolution and complaints schemes in the financial services industry are needed to deliver more effective outcomes for users.The panel will look at how accessible the schemes are and how easy it is for consumers to communicate with them. It will look at how effective they are, whether their jurisdictions and monetary limits are appropriate, and whether consumers get consistent and comparable outcomes.It will also look at whether the level of regulatory oversight of EDR schemes is appropriate. Currently ASIC's role is limited to high-level policy settings.When the Treasurer announced the review in April he floated the prospect of a one-stop shop for financial services external dispute resolution.The consultation paper says a one-stop shop could reduce confusion among consumers, ensure greater consistency of outcomes and create efficiencies.The UK Government did this in 2000, when it merged eight schemes to create the Financial Ombudsman Service.As an alternative, the established schemes could remain in place and have their services co-ordinated by a triage service that would be an entry point for consumers and guide them in making a complaint.A third option is to establish a new scheme that would deal with small business complaints.The Government has said it sees merit in extending the jurisdiction of one or more of the EDR schemes to cover small business lending.Currently FOS can only deal with businesses that have fewer than 20 employees (100 employees if the business is a manufacturer) and it has a credit facility limit of A$2 million. FOS cannot consider a debt related dispute by a small business when the credit facility is above this amount.The claim limit for small business credit disputes is $500,000.FOS has proposed that the definition of a small business would not change but that the credit facility limit be increased to $10 million and the claim limit increased to $2 million.A fourth option for the review to consider is to set up an administrative tribunal to review EDR determinations.The EDR schemes have pushed back against this option. FOS said: "We want to see less rather than more complexity for consumers in resolving financial disputes. We also want to avoid changes that could lead to a more costly, adversarial and legalistic approach to dispute resolution."The Credit and Investment Ombudsman said: "The types of disputes referred to in the current debate about the need for a new body