Policies guiding compliance and naming actions
Consumer Protection has a number of policies articulating the principles that underpin our work. The following policies guide our approach to compliance and enforcement, and public naming of traders.
Consumer Protection Compliance and Enforcement Policy
The Consumer Protection Compliance and Enforcement Policy was reviewed and updated in April 2019. This policy replaces the Consumer Protection Enforcement and Prosecution Policy.
Consumer Protection encourages compliance with legislation whenever possible. However, when serious matters are encountered, or when poor attitudes to compliance are evident, more formal enforcement action will be taken.
Consumer Protection Public Naming of Traders Policy
The Consumer Protection Public Naming of Traders Policy promotes a consistent approach to the public naming of traders. It ensures naming occurs only when the truth of allegations is reasonably established and it is in the public interest to issue a warning. The Policy balances the risk of issuing a warning against the need to safeguard reputations, and ensures that naming is done in accordance with correct legal processes and requirements.
“Naming” is the public identification of a trader reasonably suspected of contravening the Australian Consumer Law or other Consumer Protection legislation for the purpose of quickly informing the public and protecting them from personal or financial harm. While the policy refers to the naming of “traders”, warnings may relate to specific products, services or business practices.