Standards for agencies employing financial counsellors  Version 1: January 2015

■■ assessing whether any debts are legally owed, if the amount said to be owing is correct or whether the contract was fair

■■ explaining what options clients may have in relation to their debts, weighing up the pros and cons of each option

■■ providing assistance in completing documentation, for example, in lodging a dispute with an external dispute resolution scheme

■■ empowering the client to negotiate or advocate with creditors and others on their own behalf, or negotiating and/or advocating on behalf of the client

■■ developing a budget

■■ providing ongoing support and referral to other services, for example legal services, No Interest Loan Scheme providers, health or housing services, that may also assist.

Many different agencies employ financial counsellors, ranging from large charities, to community legal centres to neighbourhood centres. The work of financial counsellors sometimes involves providing financial advice and engaging in credit activities,1 both of which would normally require specific licences. Agencies employing financial counsellors are exempt from requirements to hold an Australian Financial Services Licence and an Australian Credit Licence, as long as the agency meets certain conditions.

■■     To agencies offering generalist or specialist financial counselling services, such as gambling financial counselling

■■     Whether financial counselling is the only service provided by that agency or as part of a broader suite of services

■■      Whether the agency provides financial counselling through the use of paid staff, contractors or volunteers

■■      Whether the agency is a community based or a government service

■■     Whether the service is provided face-to-face, by telephone, by email or other electronic means, or by any other means.

Standard 1 KEY SERVICE FEATURES

1.1. Service is free to clients

1.1.1. Ensuring that the agency, and each person acting on its behalf, does not request or accept payment of any fees or charges by clients.

1.2. Service is free of conflict of interest

1.2.1. The agency does not place itself in a position where a relationship with a third party could be seen to conflict with its obligation to provide independent financial counselling services to its clients.

1.2.2. The agency does not accept a client where the relationship between an individual staff member and a third party could be seen to conflict with the agency’s obligation to provide independent financial counselling services to that client. Staff in the agency have a duty to disclose such conflicts.

1.2.3. The agency does not accept a client where the interests of an individual staff member could be seen to conflict with the agency’s obligation to provide independent financial counselling services to that client.

1.2.4. The agency does not accept a new client where providing services to that client could conflict with its obligations to a previous or existing client.

1.3. Service is confidential

1.3.1. Ensuring that clients waiting in reception areas cannot inadvertently access or see the personal information of other clients that may be collected at that point or is visible on computer screens.

1.3.2. Ensuring client interviews are able to be conducted without being overheard by other clients, staff or members of the public.

1.3.3. Ensuring client registers and client files are kept securely and are only accessed by staff members who have been authorised to do so.

1.3.4. Ensuring staff do not communicate about the client with a third party unless:

1.3.5. Informing the client why the collection of information is necessary, how that information is stored and for how long, and how the client can access the information if they wish.

1.3.6. Collecting only such personal information from clients as is necessary to assess the client’s needs, provide financial counselling services and meet reporting requirements to funding bodies.

1.3.7. Ensuring that hard copy and electronic information is stored securely.

1.4. Service is accessible

1.4.1. Providing a range of access options including telephone, office visit and, in appropriate circumstances or where required by funding agreements, broader access options including outreach services, video conferencing, Skype or web chat.

1.4.2. Ensuring interpreters are used where they are required.

1.4.3. Facilitating reasonable adjustments so that people with disabilities can access the service, for example by making appropriate changes to building access.

1.4.4. Ensuring reception areas provide a welcoming and comfortable environment.

1.4.5. Greeting clients in a courteous helpful manner that conveys respect.

1.4.6. Agreeing to clients’ requests to have a support person present unless it is inappropriate, for example, where there may be a conflict of interest.

1.5. Service is equitable

1.5.1. Ensuring all clients are treated with respect.

1.5.2. Ensuring staff are able to provide culturally appropriate services to Aboriginal and Torres Strait Islander clients and to clients from culturally and linguistically diverse backgrounds.

1.5.3. Ensuring staff have an understanding of how to work with clients with special needs, for example people affected by domestic violence, homelessness, mental health issues, or addiction.

1.5.4. Making reasonable adjustments to meet the special needs of clients.

1.6. Service complies with licensing relief

This will be achieved by ensuring that the agency:1

1.6.1. Does not charge any fees or receive any remuneration arising from the financial counselling service.

1.6.2. Does not run, and is not associated with, a financial services business.

1.6.3. Ensures its financial counselling staff do not provide any financial product advice or credit activity advice outside the terms of the appropriate licensing exemptions.

1.6.4. Ensures its financial counsellors are members of, or eligible for membership of, the relevant State or Territory financial counselling association.

1.6.5. Ensures its financial counsellors have adequate skills and knowledge to deliver the financial counselling service.

1.7. Service complies with Code of Ethical Practice

1.7.1. The financial counsellor has a hard copy of the Code or the agency makes an electronic copy of the Code available.2

1.7.2. The financial counsellor has access to appropriate training about the Code.3

1.7.3. If ethical dilemmas arise, that the Code is one mechanism used to help resolve them.

1.8. Service integrates casework with policy and systemic advocacy

1.8.1. Encouraging and supporting financial counsellors to identify policy issues and advocacy opportunities arising from their casework.

1.8.2. Encouraging and supporting financial counsellors, in ways consistent with the agencies own policies and practices, to contribute to policy development and advocacy opportunities with other organisations.

Standard 2 CLIENTS: INTAKE, CASEWORK, REFERRAL AND COMPLAINT HANDLING

2.1. Use appropriate intake procedures

2.1.1. Having a documented process that describes how

■■     clients’ needs are assessed

■■     clients’ cases are prioritised, including identifying urgent matters and how they will be dealt with

■■     services are matched to clients’ needs

2.1.2. Ensuring staff inform the client about the services the agency is able to offer and support the client to make an informed choice about whether to participate in the service.

2.1.3. Ensuring staff refer the client for other services as appropriate to address broader needs.

2.2. Provide casework in a way that builds client capacity

2.2.1. The service maximises the client’s participation in planning, decision-making and the resolution of issues, so that the client determines the course of action.

2.2.2. That staff assist the client to further understand the cause of their financial problems, identify changes to minimise further financial problems and build financial capability

2.3. Conduct casework according to good financial counselling practice

2.3.1. The agency provides a range of resources and tools to assist staff to provide a service that reflects good financial counselling practice including triage tools4 and checklists.

2.3.2. In each case, consideration is given as to whether the client is liable for the debts that are alleged to be owing, and if owing, whether the amount is correctly calculated.

2.3.3. The agency supports the financial counsellor to act as an advocate when negotiating with third parties.

2.3.4. Where appropriate, the agency works collaboratively with other support workers who are assisting the client.

2.3.5. The agency has procedures in place to deal with the situation where the client’s ability to provide instructions is uncertain.

2.3.6. The service provided is within the confines of a financial counselling service and does not exceed it.

2.3.7. The agency has appropriate procedures in place to review the file work conducted by financial counsellors.

2.4. Provide appropriate referrals

2.4.1. Maintaining up to date information about legal, health, social and support services that are able to accept referrals.

2.4.2. Liaising with legal, health, social and support services to develop referral pathways to assist clients to access those services.

2.4.3. Using warm referrals to assist clients to contact other services in cases where that is necessary.5

2.5. Provide a complaint handling mechanism

2.5.1. Having a documented complaint handling process that is fair, accessible, responsive and efficient.6

2.5.2. Ensuring that clients are aware of their right to make a complaint and how to go about it.

Standard 3 HUMAN AND PHYSICAL RESOURCES

3.1. Engage qualified financial counsellors

3.1.1. Has undergone induction training with the agency.

3.1.2. Is a member of, or is eligible to be a member of, the financial counselling association in the state or territory in which the financial counsellor works.7

3.1.3. Holds a Diploma of Community Services (Financial Counselling) or is actively studying for this qualification.

3.1.4. Has the level of skills and knowledge sufficient to provide good quality financial counselling services having regard to the type of service that person provides and having regard to the level of financial counselling expertise and the level of professional supervision available to that person.

3.1.5. Is committed to offering services that are non-judgmental and in the best interests of the client and adequately understands both the personal and systemic causes of financial hardship and the impact financial difficulty can have on an individual’s life.

3.2. Support professional development

3.2.1. Providing access to the necessary information resources so that financial counsellors can maintain and improve their skills and knowledge.

3.2.2. Supporting financial counsellors to continue their professional development by encouraging their attendance at professional development seminars, courses, conferences and other events that meet the requirements for membership set by state and territory financial counselling bodies. This support should include release from usual duties to attend such events during ordinary working hours and payment of reasonable costs for such events.

3.2.3. Supporting financial counsellors to participate in state and territory financial counselling bodies. This support should include supporting staff to attend professional development opportunities, professional networks or conferences organised by these bodies and, where appropriate, supporting staff to take up positions of responsibility within professional associations.

3.2.4. Supporting financial counsellors to participate in reflective practice, including facilitating access to programs outside the agency.

3.3. Provide supervision

3.3.1. Providing professional supervision8 which covers both technical (casework) and counselling skills to financial counsellors at the level required for membership of state and territory financial counselling bodies.

3.3.2. Where such professional supervision is not available within the agency, covering the costs of establishing regular, ongoing, qualified external professional supervision relationships for financial counsellors working within the agency.9

3.4. Provide adequate physical resources

3.4.1. A telephone

3.4.2. A computer with access to the internet

3.4.3. A scanner, photocopier and locked filing cabinet

3.4.4. A space to interview clients that maintains privacy and confidentiality

Standard 4 OCCUPATIONAL HEALTH AND SAFETY

4.1. Provide support to staff dealing with difficult clients

4.1.1. Ensuring there are policies, procedures and training in place to support staff in dealing with difficult client interactions

4.1.2. Providing regular opportunities for debriefing and, where necessary, critical incident debriefing

4.2. Provide a safe workplace10

4.2.1. Providing a safe physical environment. In particular, all areas used for contact with clients should be subject to a risk assessment, and appropriate steps taken to minimise or eliminate risks to safety, for example, due to aggressive behaviour by clients.

4.2.2. Each agency should ensure that they have policies and procedures that cover the safety and security of staff working outside of the office.

4.3. Ensure workloads are manageable and appropriate

4.3.1. Ensuring workloads generally, as well as caseloads specifically, are reasonable and established in consultation and negotiation with the financial counsellor.

Standard 5 RECORD KEEPING

5.1. Maintain a client record system

5.1.1. Opening a file for each client.

5.1.2. Maintaining a central record of each file opened that allocates a unique identifier such as a number, code or name to each file.

5.1.3. Maintaining an orderly system for the storage of files so that files can be easily located and retrieved.

5.1.4. Maintaining a diary or bring-up system to ensure that important dates and time limits are identified and that files receive regular attention.

5.1.5. Maintaining a system for the closure of files to ensure that files are reviewed prior to closure.

5.1.6. Notifying clients in writing that their file has been closed, explaining why the file has been closed, how the file will be stored and for how long, enclosing any relevant correspondence and confirming, where feasible, that creditors have been notified.

5.1.7. Where feasible, notifying creditors that the client’s file has been closed, that the agency is no longer acting for the client and any third party authorities are revoked.

5.1.8. Maintaining an archiving system that allows closed files to be retrieved within a reasonable period of time.

5.1.9. Ensuring that records are kept for the period of time required by the legislation that applies to those records.

5.2. Keep complete and legible files

5.2.1. All relevant information about the client, including their personal details and any special requirements.

5.2.2. All information relevant to the case, including information on the client’s income, expenditure, assets, liabilities, numbers and ages of dependents and housing and any other data as required.

5.2.3. Copies only of all documents provided by the client, with the originals returned to the client.

5.2.4. Copies of authorities signed by the client to allow the agency to contact third parties on the client’s behalf.

5.2.5. Copies of any signed instructions by the client in relation to the conduct of the matter, or notes of discussions with the client confirming their instructions.

5.2.6. Copies of all correspondence (including letters, emails, facsimiles) sent or received on behalf of the client.

5.2.7. Copies of all documents prepared for or on behalf of the client.

5.2.8. Notes made by the financial counsellor of all contacts with the client.

5.2.9. Notes made by the financial counsellor of all contacts made with third parties on behalf of the client.

5.2.10. Notes of any research conducted on behalf of the client.

5.2.11. Copies of any agency checklists or forms used on this file.

Standard 6 ACCOUNTABILITY

6.1. Reporting to Funders

6.1.1. The agency submits reports to its funders in the required format and within the required time frames.

6.1.2. The agency advises funding bodies of any material changes to the organisation or service which may affect service delivery as soon as possible.11

6.2. Data collection and monitoring

6.2.1. The quality of the service delivered including, where appropriate, the results of file reviews.

6.2.2. The productivity of the service, including, where appropriate, the number of clients contacting the agency, the number of files opened, the number of files finalised, the time spent on each file.

6.2.3. Levels of unmet demand for the service.

6.2.4. Demographic information about the clients who use the service.

6.2.5. Feedback from clients about the service including, for example, follow-up client surveys after a file has been closed or client evaluation forms.

6.2.6. The outcome for the client as a result of service.

6.2.7. Systemic issues that are identified in the course of service delivery.

6.3. Evaluation

6.3.1. Conducting evaluation on a regular basis concerning service design, delivery and outcomes, including consideration of effectiveness and efficiency.

6.3.2. Acting on relevant client feedback or other stakeholder feedback to change and improve service delivery.

6.3.3. Participating in external evaluations of the financial counselling sector more broadly, where appropriate.

Standard 7 COMMUNITY DEVELOPMENT

7.1. Working with the community

7.1.1. The service adopts a planned approach to working with the community based on the identified local, regional and state-wide community needs.

7.1.2. Strategies used in advocacy and community education about financial issues are appropriate for the purpose and the audience.

7.2. Building partnerships and networks to support service delivery

7.2.1. The agency participates in community networks and forums.

7.2.2. The agency targets its networking activities to those services that are relevant to supporting the delivery and accessibility of financial counselling services.