ATEC Member Code of Ethics and Business Practice 
 

The Code's objectives:


This Code of Business Standards and Ethics is for members of the Australian Tourism Export Council (ATEC). All members of ATEC are required to comply. Its objectives are to:

provide professional business standards that will set ATEC members apart from those who are not members
deliver professional business standards by which members can measure the commercial risk of transacting with potential business partners
add value to ATEC membership by stating an operational framework within which members can build strong and sustainable business relationships.

 

PART ONE – PROFESSIONAL BUSINESS STANDARDS

Delivery of services

The member acknowledges its responsibilities to meet the reasonable expectations of all clients to the best of its ability. Clients include any individual, group or business desirous of using or receiving the goods or services of the member. The member will, so far as it is reasonably able, present its goods and services in the best possible way.

 

1. Product Development
Members acknowledge the importance of product innovation and development. The member will adopt a plan to encourage and foster the development and international distribution of new products and services throughout Australia.

2. Market conditions
ITOs and suppliers must seek to understand shifts in the market and work together to adjust to changing market conditions for the benefit of all. Suppliers should ensure a minimum of 3 months lead-time for schedule changes or facility changes.

3. Educationals / Workshops
ITOs agree to provide appropriately qualified staff for ATEC supported workshops and educationals. Members agree to adopt a plan to foster continuous improvement through education.

4. Disclosure
Clients will be informed of all the terms and conditions of the contract including the terms of payment and any cancellation conditions before entering the transaction.

ATEC members must where possible inform their clients of pertinent facts concerning tours, transportation, accommodation or other tourist services available to consumers.

5. Complaints and disputes
ATEC members should conduct their activities so as to try to avoid disputes with businesses and fellow members. In the event of a controversy between members or businesses, both parties must enter into an appropriate dispute resolution process.

The member must adopt procedures to ensure all reasonable client concerns and queries will be fairly and amicably dealt with as soon as practicable. Members should provide a system that facilitates effective communication with clients, in the event of a client concern or complaint.

 

PART TWO – LAWFUL BUSINESS PRACTICES

1. General Law

Contracts
A binding contract is formed when at least two people agree to do something for the other, for a benefit. If you enter into a binding contract you must perform all your obligations agreed with the other party.

Confidentiality
If you must disclose confidential information, the best way to protect it is to enter into a contract with the disclosee under which the disclosee agrees to keep the information confidential. Similarly, if you agree to keep someone else’s information confidential, you should ensure your systems enable you to comply with your contract. The law also requires you to keep confidential information that someone has disclosed to you in circumstances where you should recognise it is confidential.

 

2. Statute Law

Fair Trading
The Trade Practices Act and similar state legislation prohibits certain unfair trading practices such as misleading or deceptive conduct, false representations and unconscionable conduct. The law requires honest and fair business conduct.

Competition
The Trade Practices Act also prohibits conduct that is likely to restrict competition between businesses. For example:

where competitors fix prices, rebates, discounts, credits or allowances
where competitors agree not to acquire goods or services from a supplier or limit the supply of their goods or services to another person where a business supplies a service on condition the customer acquire another service from another person
requiring goods or services to be resold at a minimum price or more, or, refusing to supply goods or services or supplying them on less favourable terms, because the purchaser won’t agree to do so pricing below cost to eliminate or substantially damage a competitor.
Licensing
Each state and territory has enacted a licensing system for travel agents and accommodation providers. If a travel agent operates in a number of states, it should ensure it complies with each state’s licensing system. In addition, before a member provides a good or service to another operator they should verify whether that operator is required to be licensed and verify with the relevant state body that they are licensed. Note that failure to comply with the requirements set out in the licensing legislation can lead to penalties, suspension or cancellation of a license.

Discrimination
When employing individuals or providing a service to tourists it is important not to discriminate against people. Common types of discrimination are:

racial discrimination where someone is treated less fairly because of their race, colour, descent, national origin or ethnic group
sex discrimination where a person is treated less fairly than another person because of their sex or marital status or because they are pregnant disability discrimination where a person is treated less favourably on the basis of their disability in circumstances where the disability does not materially affect the person’s capability to do the job.
Occupational Health and Safety
Organisations have an obligation to ensure the health, safety and welfare of employees and others in the workplace. Steps that can be taken to ensure the health, safety and welfare of employees are to provide training and supervision, to provide and maintain safe entrances and exits, to establish an effective reporting procedure of unsafe practices and to remedy a work area that has resulted in injuries in the past.

Privacy
Privacy laws protect personal information. Personal information is any information or opinion that identifies a person or can be reasonably used to identify a person. For example, personal information would be somebody’s name or address. Organisations should comply with the ten privacy principles set out in the Privacy Act 1988. In particular, an organisation should only collect personal information that is necessary for its functions or activities, and should disclose to the person how his or her personal information will be used.

Copyright
Copyright protects expressions of ideas such as written material, software, artistic works including photographs, music, films and sound recordings. Copyright protection is automatic and free. A work is protected from the time it is first written down, painted or drawn or recorded in some way. If you wish to use somebody’s copyright work you need to seek permission, preferably in writing, from that person, before using the work.

 

PART THREE – COMPLIANCE

 

1. Consequences of acting in contravention of this Code of Business Standards and Ethics


In accordance with ATEC’s Constitution, as a By-Law, any member not abiding by the Code of Business Standards and Ethics may be censured, suspended or expelled from ATEC.

 

2. Compliance Committee


The Code of Business Standards and Ethics will be administered and monitored by a sub-committee of the National Board of ATEC. The National Board will elect which of its members are to be appointed to the sub-committee. The sub-committee will comprise four members, including:

Managing Director of ATEC (ex-officio)
Three ATEC Board Members
Sub-committee members will hold a one year term of office. Committee members can be re-appointed to the sub-committee for a maximum of two consecutive terms. Four sub-committee members is a quorum for a meeting, no business is to be transacted unless a quorum is present at the time the meeting proceeds to business.

The sub-committee is responsible for:
dealing with unresolved complaints;
imposing sanctions for breaches of the Code in accordance with the Constitution;
conducting periodic reviews of the effectiveness of the Code
recommending changes to the Code
ensuring that a strong risk management plan is in place with a focus on addressing possible contingencies.


3. Disciplinary Procedure


The procedure for the management of a breach or complaint in relation to a member’s conduct is as follows:

(a) Report of a breach or a complaint is lodged with the ATEC National office
(b) Any person or entity can lodge a complaint to the ATEC National office
(c) The member to which the allegation is directed is contacted in writing by the ATEC National office in the manner and form required by ATEC’s Constitution and asked to respond to the allegations. within a reasonable time period but no less than provided in ATEC’s Constitution.
(d) If the response is satisfactory, and no breach of the Code is clear, the complainant is contacted in writing and informed that the member has satisfactorily responded.
(e) If the response is not satisfactory, or if the dispute remains unresolved, then the issue is elevated to the sub-committee for review and action. The member will be given notice of the sub-committee meeting in the manner and form required by ATEC’s Constitution. If ATEC’s Constitution specifies the member will be given an opportunity to be heard at the meeting and/or be represented. The sub-committee must notify the parties in writing of its decision.
(f) Relevant government enforcement agencies will be advised of the matter if there appears to be a contravention of the law.
(g) Outcomes from government agency investigation are reported back to the sub-committee.
(h) If the member in question is found to be in breach of the law, then the sub-committee will vote whether their ATEC membership will be revoked.
(i) Any decision made by the sub-committee may be appealed by the member to the appeal panel. If a notice of appeal is not received by the sub-committee in accordance with the terms of the Constitution, the resolution will become effective and all members will be informed by such means as the sub-committee determines.

Reasons for action by the ATEC sub-committee may include:

Inability to maintain appropriate business standards
A substantiated complaint reflecting a serious breach of the Code of Business Standards and Ethics
Breach of Australian law carrying a minimum penalty of 6 months’ imprisonment or a fine of not less than $5,000.


4. Right of Appeal


An ATEC member has a right of appeal from a decision of the sub-committee.
The Appeal Panel will be made up of 5 members with:

At least one independent representative from Ebsworth & Ebsworth Lawyers
Two different members from the National Board
Five members is a quorum for a meeting, no business is to be transacted unless a quorum is present at the time the meeting proceeds to business.

The key responsibilities of the Appeals Committee include:

dealing with the appeals on sanctions imposed.
The procedure for an appeal is as provided in the Constitution.

 

PART FOUR – INCONSISTENCY


To the extent of any inconsistency between this Code of Business Standards and Ethics and ATEC’s Constitution, ATEC’s Constitution prevails to the extent of the inconsistency
 

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