Australia General Insurance Code of Practice (2020 Code as updated)
Parts 13 and 14: enforcement, sanctions and compliance, and promoting and reviewing the Code – Australia General Insurance Code of Practice (2020 Code as updated)

Australia General Insurance Code of Practice (2020 Code as updated) gicop-p13-164-178-cgc-sanctions: Submit to Code Governance Committee monitoring and enforcement: respond to allegations within ten business days, accept corrective measures, sanctions including compliance audits, corrective advertising, compensation, publication and community benefit payments up to one hundred thousand dollars, and reporting to ASIC

Anyone may report an alleged Code breach to the Code Governance Committee, an independent body of a consumer representative, an industry representative and an independent chair, whose charter sets its functions and which may outsource monitoring, reporting and its other responsibilities. The Committee provides stewardship of the Code, identifies areas for improvement, liaises with the Insurance Council of Australia, reports quarterly to the ICA Board and publishes an annual public report, and monitors and enforces compliance through investigations and data analysis, receiving and deciding alleged breaches with the insurer given the opportunity to respond, considering referral to ASIC or another agency, agreeing corrective measures within an agreed timeframe, imposing sanctions and publishing de-identified breach decisions. In deciding sanctions it considers appropriateness and whether the insurer failed or delayed in remedying a breach, breached an undertaking, failed to prevent a Significant Breach recurring or failed to act with utmost good faith; the insurer responds to a proposed sanction within 10 Business Days and receives written reasons for the final decision. Sanctions may require rectification within a set time, a compliance audit at the insurer's cost or corrective advertising; for Significant Breaches, compensation of an individual for direct financial loss or damage, publication of the breach, or a community benefit payment up to 100,000 dollars proportionate to gross written premium and customer numbers, taking account of compensation awarded by AFCA or an enforcement agency and any ASIC investigation; the Committee reports Significant Breaches or serious misconduct to ASIC, AFCA may report possible breaches to the Committee, and the Committee's decisions and sanctions bind the insurer.

Maintained by Gerard Blokdyk

Other controls in Parts 13 and 14: enforcement, sanctions and compliance, and promoting and reviewing the Code – Australia General Insurance Code of Practice (2020 Code as updated)

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