About authorised agents or representatives

If you haven’t completed a Dispute form you can appoint an authorised agent to represent you at the same time you lodge your dispute by completing the agent authority section in the Dispute form. Alternatively, an agent can be authorised by you at a later date using the Agent Authority form.

Can advocates complain on behalf of Applicants?

Our processes are designed so that Applicants can bring disputes to the Financial Ombudsman Service without the need for assistance. We recognise however that, in some circumstances, Applicants seek, or prefer to obtain, assistance from an outside source. Hence we accept disputes lodged on behalf of Applicants by consumer advocates, such as financial counsellors or community workers. This requires the Applicant to give written authority for the authorised agent to act on their behalf.

Can relatives or friends complain on behalf of Applicants?

Applicants may ask a relative or friend to act as their authorised agent or representative. The relative or friend must act in the best interests of the Applicant and should not have a financial interest in the dispute, as this may create a conflict of interest. If the Applicant is concerned about the ability of a relative or friend to act in their best interests, an independent agent or representative may be more appropriate.

What authority is required to appoint an authorised agent or representative?

An Applicant must provide written authority for an agent to act on their behalf. If the account you are complaining about is in joint names, we will need all account holders to sign the form. If this is not possible, please let us know so that we can determine whether this office can consider the dispute.

An Agent Authority form is available to download, either as a PDF if you prefer to complete it by hand, or as a Word document which can be completed electronically. An Applicant must complete the name of the Financial Services Provider in the spaces indicated on the Agent Authority form.

If you have any questions about the Agent Authority form, please call 1300 78 08 08.

What is the role of the authorised agent during the dispute resolution process?

Agents can facilitate the dispute resolution process by assisting the Applicant to focus on the key issues in dispute, respond to requests for information and make decisions about how to best resolve the dispute, including whether to accept an offer made by a Financial Services Provider or a Recommendation or Determination made by us.

Agents need to understand that our processes are not adversarial. The Financial Ombudsman Service is an independent and neutral facilitator and decision-maker. Positive communication that seeks a fair resolution is encouraged between the parties and is facilitated by the Financial Ombudsman Service.

Where does all the correspondence get sent about my dispute?

By appointing an agent or representative, you have given your consent for them to handle your dispute. This means that you have given them the authority to receive all communications and correspondence from us. By acting on your behalf, it is expected that it will have been agreed how communication will be handled by your agent and you. If you have any concerns contact us on 1300 78 08 08.

What if we want to talk directly to an Applicant who is represented by an agent?

In order to make a decision about a dispute, the Financial Ombudsman Service needs to conduct a full and thorough investigation of the issues raised. Contact with an Applicant may be necessary as part of this process. For example, there may be a question about language ability or it may be important to hear the details of the dispute directly from an Applicant. Agents will be contacted by the Financial Ombudsman Service to make arrangements to speak with the Applicant. We ask agents to assist in organising such discussions.

Are legal costs recoverable?

Legal costs are not recoverable, even if the Applicant is successful. For further information, please contact us on 1300 78 08 08.

Does the dispute come within our jurisdiction?

Our jurisdiction is set out in our Terms of Reference. If you are unsure about our jurisdiction to consider the dispute, please contact us.

Want to be kept informed about our services?

The Financial Ombudsman Service produces a range of publications containing information about our activities and our approach to particular types of disputes. See the panel (right) for details on how to join our mailing list.