Contact the Complaints Officer
By completing this Complaint Form the Complainant agrees and acknowledges as follows:
- The information in the Complaint Form is true and correct to the best of the Complainant’s knowledge and belief;
- The Complainant acknowledges that the Complainant is aware of the nature of the FCA’s complaint management process and the fact that it is confidential;
- The Complainant agrees not to make any public comment about the complaint whilst it is under examination;
- The Complainant consents to a copy of this Complaint Form being provided to the Member and to any officer of the FCA or any member of the FCA Ethics Committee;
- The Complainant acknowledges that this Complaint Form is accepted by the FCA solely on the basis that the Complainant agrees that neither the FCA, the FCA Ethics Committee nor any FCA employee or representative shall have any liability to the Complainant in relation to the complaint or any matter arising out of or connected with the complaint.
The FCA' s role is confined to the determination of whether a Member has breached the FCA Member Standards or not.
I have listed below the procedures that should be followed in any dispute resolution process as per the Franchising Code of Conduct.
• Have you raised your concerns with the franchisor first? ( You must deal direct with the franchisor)
• Have you informed the franchisor of the following in writing: (Not by phone or email, but with a registered letter)
- the nature of your particular problem.
- your desired outcome and what action you think will settle the dispute?
- Note: You may also wish to include the alternatives you will consider if the matter is not resolved to your satisfaction.
• In determining what action to take, have you considered the following:
- the complexity of the issues in dispute
- whether outcomes need to be flexible?
- Have you tried to agree with the franchisor about how to resolve the dispute?
• Where you cannot agree with the franchisor about how to resolve the dispute within three weeks
- have you referred the matter to a mediator, agreed on by both yourself and the franchisor?
- Where you cannot agree on who will be the mediator have you referred the matter to the Mediation Adviser, who will appoint a mediator?
- All information regarding Mediation can be obtained at the Office of the Franchising Mediation Adviser (OFMA)
- Have you fully prepared for mediation? (Check with the mediator about what preparation may be required).
• If mediation is not successful,
- you may contact the ACCC
- or take private legal action?
If you require any further information please contact me.
Franchise Council Australia