Is compliance a standing item at board meetings (in large organisations)
Has the (large) organisation appointed a compliance manager or a senior manager with overall responsibility for compliance?
Has the (small) organisation appointed a manager or supervisor with responsibility for compliance?
Are procedures in place to check for legislative, Commission guideline and industry code requirements, and new developments?
Do staff and distributors understand the compliance procedures?
RESOURCES AND AUTHORITY
Has the organisation committed adequate resources to compliance?
In large organisations, is there an ‘in-house’ expert on the requirements of s. 60, the ACCC’s guideline on Debt collection and the
Trade Practices Act , and other relevant laws and codes of conduct?
In smaller organisations, there is ‘in-house’ expert, or does the organisation have access to quick and reliable external advice?
Is the organisation committed to ensuring that that person’s regulatory knowledge is up to date?
Do those responsible for compliance have adequate authority to ensure compliance?
Are all managers aware of the compliance responsibilities in their business unit?
Is all staff in the business unit aware of their compliance responsibilities?
IDENTIFICATION OF COMPLIANCE ISSUES
Has the organisation conducted an audit of its entire operations to ensure that compliance issues and risk areas of operation have been identified and appropriate mechanisms put in place to ensure compliance?
Is the audit undertaken regularly?
OPERATIONAL PROCEDURES FOR COMPLIANCE
Has the organisation developed operational and training procedures to address all Trade Practices Act risks arising from their operations?
SYSTEM FOR ENFORCEMENT AND REMEDIAL ACTION
Has the organisation established appropriate procedures for enforcement and remedial action for non-compliance?
COMPLAINTS HANDLING SYSTEM
Does the organisation have a visible and accessible complaints handling system to record complaints from a variety of sources?
Does the company keep registers in which to record complaints, compliance failures, and other compliance information?
IDENTIFICATION AND RECTIFICATION
Does the company have a system to identify and classify compliance failures so that all problems, including systemic and recurring problems, can be rectified?
Are compliance problems reported to senior management?
DOCUMENTATION OF COMPLIANCE POLICY AND SYSTEM
Has the organisation set out a clear policy to all staff and agents outlining its commitment to compliance and how compliance will be carried out?
Has the organisation documented its compliance system?
Has the compliance system been developed in consultation with staff and distributors?
Does the organisation have procedures in place to ensure compliance by agents?
Does the organisation have regular spot audits for compliance with legal obligations and ACCC guideline?
Does the organisation review its compliance system regularly?
Does the organisation have procedures in place to ensure continuous improvement in compliance?
Does the organisation liaise regularly with relevant organisations, including regulators and consumer representatives?
Is there regular reporting on compliance to the board/chief executive officer/managing director?