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Australian Timeshare Consumer Information

Consultation Paper 272

In November 2016, ASIC released the Consultation Paper 272 - Remaking ASIC class orders in November 2016. This consultation paper set out ASIC’s proposals to remake the class orders on time-sharing schemes. Under the Legislation Act 2003, these class orders will expire (‘sunset’) if not remade.

Clarification - ABC 7.30 Report

Click here to view response

Clarification - Timeshare Industry in response to media claims October 2016.

Click here to view response.

About AFCA

The Australian Financial Complaints Authority or ‘AFCA’ is a new external dispute resolution (EDR) scheme to deal with complaints from consumers in the financial system. It will be operated by a not-for-profit company limited by guarantee authorised by the responsible minister.

AFCA replaces the three existing EDR schemes of the Financial Ombudsman Service (FOS), the Credit and Investments Ombudsman (CIO) and Superannuation Complaints Tribunal (SCT) so that consumers have access to a single EDR scheme.

Membership of the company will be required under law or a licence condition of a financial firm. AFCA operations will be financed by contributions made by its members. The scheme will be free to consumers. AFCA will:

  • be the single point of contact for complainants for EDR services;
  • have higher monetary limits;
  • be more accountable to users, including by having an independent assessor to deal with complaints about its handling of disputes; and
  • have rules (terms of reference) to support its dispute resolution functions and legislation in the case of superannuation disputes.


Australian Financial Complaints Limited Constitution [PDF]

Fully Operational November 1, 2018

Consumer: FOS - Financial Ombudsman Service

The financial services regulator, the Australian Securities and Investments Commission (ASIC), issue Australian Financial Services Licenses (AFSL) to providers of financial services. One of the conditions of an AFSL is that the license holder must be a member of an approved External Dispute Resolution (EDR) scheme if they are dealing with retail clients. FOS is an approved EDR scheme.

As at the end of 2004 there were in excess of 2,500 providers of financial services who have nominated FOS as their EDR scheme. They are referred to as "Members" of FOS

The FOS process aims, in the first instance, to resolve complaints by mutual agreement between the parties. If this is not possible, the matter can be referred to the Panel or the Adjudicator who, pursuant to our Rules, has the ability to make a formal determination which is binding on the Member.

FOS role and terms of reference are specified in the Rules.

http://www.fos.org.au/centric/home_page.jsp

CIO – Credit Industry Ombudsman

The Financial Ombudsman Service (FOS) is an external dispute resolution (EDR) scheme that was established to provide free advice and assistance to consumers to help them in resolving complaints relating to members of the financial services industry, including life insurance, pooled superannuation trusts, funds management, financial advice, stock broking, investment advice and sales of financial or investment products. There is no charge to consumers for any service provided by FOS in handling complaints. FOS is a national service.

www.cio.org.au

Consumer Concerns

All Members of ATHOC are required to have an internal complaints resolution procedure that abide by the Australian Standards.

If any consumer or timeshare owner has a concern or complaint, it is essential that you contact that company and try to resolve your issue. Any external complaints organisation will send you to the company you have a complaint with first. As in any situation, it is important to discuss your issue with them and try to resolve any problems at this point.

Regarding a Resort Complaint
This will be handled internally by each individual organisation. If you are not satisfied with the outcome you should refer to the Office of Fair Trading in your State.

Regarding Promoters/Developers
If you gone through the complaints process with a promoter/developer and are not happy with the outcome, your Complaint should be forwarded to AFCA

1800 931 678

Members 1300 56 55 62

info@afca.org.au

acma-Australian Communications and Media Authority
The Australian Government's Do Not Call Register allows you to opt out of receiving most marketing calls or faxes on your home phone, mobile or fax.

www.donotcall.gov.au


Timeshare products are classed as managed investment schemes and are, therefore, regulated by the Corporations Act.

Timeshare operates under the Regulatory Guide 160

ASIC Report for 2017 Submitted 2018

Click here to view the report

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