Document ID: chunk:federal_register_of_legislation:F2018L01496:body:0:p25
Version: federal_register_of_legislation:F2018L01496
Segment Type: other
Provision Reference: 
Character Range: 66167–69081

a claim. This does not include instances where there have been solicitors involved, but no legal proceedings were initiated.
81.         'Dispute Lodged' refers to all claims-related disputes, regardless of whether it was raised with the insurer by the claimant (or their representative) or communicated to the insurer by a superannuation fund trustee, an external dispute resolution scheme, tribunal or court of law. Disputes should be classified and recorded as Lodged regardless of whether a decision has been reached and regardless of whether all information required to decide on the dispute has been received.
82.         'Dispute Lodged Date' is the earlier of the following dates:
(a)          The date the claimant (or their representative) first raises a claims-related dispute with the insurer; and
(b)          The date the insurer first receives information about a claims-related dispute from a superannuation fund trustee, external dispute resolution scheme, tribunal or court of law.
83.         'Dispute Withdrawn' refers to the instance where a Lodged dispute is withdrawn before being resolved.
84.         'Dispute Resolved' refers to the point where the insurer has communicated its final decision about how it will resolve the claims-related dispute to the claimant (or their authorised representative) or the point where FOS, the SCT, a similar scheme or tribunal, or a court of law has made a final determination/judgment that is binding on the insurer. Where a dispute relates to the claims process, it refers to the point where a response is communicated to the claimant or their authorised representative.
85.         'Dispute Resolved Date' is:
(a)          For IDR, the date the insurer's final decision or response on the dispute was communicated to the claimant (or their representative); and
(b)          For EDR/Litigated disputes, the date the FOS, the SCT, a similar scheme or tribunal, or a court of law makes a final determination/judgment that is binding on the insurer.
    Where relevant, this is not dependent on payment to the claimant having been made. Communication by email, text message, facsimile or telephone is deemed to have occurred on the date it was sent. Communication by the postal service is deemed to have occurred three business days after it was sent.
86.         'Undetermined Dispute' refers to a dispute that has been lodged, but has not been resolved or withdrawn at the end of the Reporting Period.
87.         In respect of Disputes Data, the detail set out in paragraphs 88 to 97 should be provided.
88.         The total number of disputes that are undetermined at the start of the Reporting Period (labelled A on the various disputes sheets in the reporting form).
89.         The total number of claims-related disputes that have been lodged during the Reporting Period (labelled B). Lodged disputes should be split between the following Dispute