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ISP's should have appropriate complaints procedures in place for
disputes with customers. The Internet Code of Practice is also proposed
to include an alternative dispute resolution procedure facilitated by
the executive body.
Internal Procedures
The Internet Code of Practice will ensure that there are minimum
standards for internal complaints procedures of ISP's. Customers should
be able to make complaints through various forms, and the process
should not impose unreasonable costs on the complainant. Records of
complaints and their outcomes should be kept. Complainants should also
be treated according to standards of procedural fairness, and there
will be appropriate timeframes for responses to complaints.
ISP's may wish to provide for forms of dispute resolution such as
arbitration or mediation if there is difficulty resolving a complaint.
This will raise issues such as the cost of the procedures and who must
pay.
Applicable New Zealand Legislation
Some provisions of consumer protection acts require businesses to
remedy consumer complaints. This does not require formal legal action,
and it will be to the advantage of ISP's to have efficient complaints
procedures in place to help resolve possible disputes.
Content of other Codes
InternetNZ Internet Code of Practice 1999
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Complaints must be in writing, and then the parties will attempt
negotiations. If it is not resolved, either party may request
arbitration or mediation. If arbitration is sought and the parties
cannot agree on an arbitrator, they may approach the Code of Practice
Complaints Board who will nominate an arbitrator.
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ISPAI –Code of Practice and Ethics 2002
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ISP's must make reasonable efforts for resolution of complaints at the
time it is made if in person, or within five days. The ISP should be
the first venue for a complaint.
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Malta Internet Code of Practice
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Members must establish fair and effective internal procedures that
address complaints within a reasonable time, in a reasonable manner,
and without prejudice to the customer' s right to legal remedies.
Members must give customers the procedural details for submitting
complaints, and the timeframe for a response.
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CAIP Fair Practice Guidelines
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6.0 CAIP Members will work to resolve any disputes with customers or
members of the public in a manner that is fair, timely, effective and
affordable.
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CAIP Code of Conduct 1996
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Members must have internal complaints procedures, but only in relation
to illegal content or network abuse rather than for disputes with their
customers.
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Singapore Media Development Authority Code of Practice 1996
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No internal complaints procedures are required by the Code.
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Australian Internet Industry Association Code of Practice on Internet Content
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Members must have internal complaints procedures, but only in relation
to illegal content or network abuse rather than for disputes with their
customers.
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Norway Code of Ethics for the Internet 2001
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No internal complaints procedures are required by the Code.
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Internet Service Providers Association –United Kingdom Code of Practice 2002
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Where a Customer or other third party makes a complaint the member must
endeavour to resolve it within ten working days. If the complaint first
goes to the council secretariat, it will be sent back to the member ISP
first. If the complaint is not resolved the secretariat will require
another attempt at resolution by the two parties. If it is then
unresolved to the complainants satisfaction, it may follow the ISPA
complaints procedure.
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The Electricity Consumer Code of Practice
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C18. Consumer Complaint Resolution
C18.1 Companies must have a free, accessible, fair and effective, internal Consumer Complaints handling process.
C18.2 Companies must:
•provide information to Consumers about how their Complaint will be dealt with, and by when;
•provide written information about their Consumer Complaints handling processes; and
•treat Consumers courteously, and with respect.
C18.3 Companies will:
•train their staff about their Consumer Complaints handling processes;
•use processes that are easy to understand, easy to use and free to consumers;
•provide adequate resources for their Complaints handling processes;
•tell Consumers that there is an Electricity Complaints Commissioner
who they can go to if their complaint is not resolved; and
•review their Consumer Complaints handling process regularly.
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Direct Selling Association of New Zealand Code of Practice
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22. Internal Complaint Handling Procedures
Any consumer complaint directed against a member company of the DSANZ
shall be dealt with promptly, fully, and fairly by that company with
the objective of ensuring consumer satisfaction.
Each
member company shall have in place procedures for dealing with
complaints from consumers with a designated complaints person (s)
having a full understanding of the complaint handling procedure.
Each member company shall produce information material in plain language explaining:
how a customer can gain access to the procedure,
how the procedure works,
the timeframes within which the procedure will be carried out
the customer' s right to access the Code Administrator or the legal
system if dissatisfied with the Company' s decision or the way it has
been reached.
Each member company shall provide for resolution of complaints in a timely fashion.
The procedures required under clause 35b shall be available to all
consumers whose custom has been solicited by direct selling either
directly from the company or its representatives.
If in
the event that the complaint is not resolved to the customer' s
satisfaction, the member company will inform the customer of their
right to have their complaint referred to the external dispute
resolution process or to have their complaint resolved in the Disputes
Tribunal.
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The Internet Code of Practice Complaints Procedures
Complaints should be resolved where possible by the ISP's internal
disputes procedures. However, there should be an option for disputes
that are unresolved after a certain period of time to be transferred to
the Internet Code of Practice complaints process as an alternative form
of dispute resolution.
It is proposed that there will be a complaints panel that meets to
decide consumer complaints. It is most likely that this panel will
consist of three members. There are various means of appointing the
members of a panel, such as appointment by the executive body, or
selection of the members by the disputant parties. The decisions of the
panel should be made by majority vote.
Initial secretariat services will be provided by InternetNZ.
Procedures for a complaints body vary in complexity. As a minimum
requirement, both parties will have the opportunity to present their
point of view in writing, and have the ability to respond to the other
party' s submission. The investigation and decision making will meet
standards of procedural fairness. The complaints panel will issue a
written decision on all complaints, and the decisions should be issued
within a reasonable time from the initiation of the disputes procedure.
To avoid vexatious complaints and to partially fund the cost of the
complaints panel, it is expected that there will be a small initial fee
for lodging complaints.
It may be appropriate for the executive body to have the power to
refuse to convene a complaints panel to hear a complaint. This may be
appropriate where the complaint is considered vexatious, where it
relates to questions of legality, or where it would be more appropriate
for the complaint to be heard by another authority.
The authority of the decision should be clear in law. It does not
have statutory backing to automatically make decisions binding. The
Internet Code of Practice is a voluntary document, and cannot be
enforced by means that the signatories do not accept. It is important
to consider whether the disputants should be allowed to appeal the
complaints decision, or whether it should be final.
Applicable New Zealand Legislation
Consumers and ISP's will have rights under consumer protection laws and contract law.
Content of other Codes
InternetNZ Internet Code of Practice 1999
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The only external role played in dispute resolution is for the Code of
Practice Complaints Board to appoint an arbitrator when the parties are
unable to.
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Internet Service Providers Association of Ireland (ISPAI) –Code of Practice and Ethics 2002
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Where the complainant informs the secretariat in writing that the
complaint has not been resolved in the specified time or procedures,
the secretariat will attempt to resolve it informally. The complaints
procedure must be used where the complainant requests it. The complaint
must be in writing, and then forwarded to the ISP. The ISP must respond
within ten days. If it cannot then be resolved, it may be forwarded to
the complaints panel, which may investigate and prepare a report for
the ISPAI Board. If the Board considers the member may be in breach of
the Code, it must convene a complaints hearing, and the parties may
appear before it. A written decision must then be issued.
The council can refuse to adjudicate for any reason it sees fit,
including where the dispute is based on issues of legality, and may
refer a dispute to another regulatory body if appropriate.
The parties involved are to accept the Board' s decision as final.
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Malta Internet Code of Practice
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Complaints that are not settled between the complainant and the ISP can
be submitted in writing to the Chairman of the ISPSS where both parties
agree. The Chairman will attempt to informally broker a resolution to
the dispute. If this fails, the Chairman must convene a meeting of the
Executive Committee to consider the complaint and issue a decision. If
either party wishes, they may take the complaint to the Malta
Communications Authority.
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CAIP Fair Practice Guidelines
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There are no external complaints procedures specified in the Code.
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CAIP Code of Conduct 1996
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There are no external complaints procedures specified in the Code.
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Singapore Media Development Authority Code of Practice 1996
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The Singapore Media Development Authority has significant powers to
recommend the removal or blocking of content, but the Code does not
establish complaints procedures.
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Australian Internet Industry Association Code of Practice on Internet Content
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The Code requires ISP's to provide information on how consumers can
complain about prohibited content to the Australian Broadcasting
Authority, but there are no provisions for general complaints about
ISP's.
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Norway Code of Ethics for the Internet 2001
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5. The Council' s Functions
5.1 The Council handles questions concerning breaches of these rules.
5.2 The Council makes decisions in cases after an approach is made by
any party who is bound by these rules. The same applies to complaints
from other parties who are directly affected by the circumstances that
gave rise to the complaint.
5.3 The Council can take up cases on its own initiative.
5.4 The Council can provide guidance to the public regarding other complaints arrangements as mentioned above in 3.3.
6. The Council' s Authority
6.1 The Council's decisions are binding on any party who by agreement
or declaration has undertaken to be bound by the present rules.
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Internet Service Providers Association –United Kingdom Code of Practice 2002
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The complainant must provide information to the secretariat, and it can
be investigated further. A full complaint report is then prepared and
given to the council, who will decide whether there has been a breach.
A decision in writing is given to the complainant and the member, both
of whom have a final opportunity to present new information.
The council can refuse to adjudicate for any reason it sees fit,
including where the dispute is based on issues of legality, and may
refer a dispute to another regulatory body if appropriate.
A condition of the disputes process is that complaints must be confidential until they are resolved.
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Direct Selling Association of New Zealand Code of Practice
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If a complaint is not resolved to the consumer's satisfaction, the
complaint may be referred by the Direct Selling Association to the Code
Administrator. Within five days of notification of an unresolved
complaint the Association must give all relevant material to the Code
Administrator, who must make a considered decision as quickly as
possible. The administrator can direct a member to remedy a complaint,
and apply suitable actions or sanctions.
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