The ACAC is an independent review body specifically established under ATAS to review and determine customer complaints and allegations of non-compliance with the ATAS Charter and Code. The ACAC reviews complaints elevated to it by the Compliance Manager and can issue binding decisions, including sanctions against a Participant.
In situations where both parties cannot come to an agreement the ACAC plays a vital role in addressing the ATAS participant’s compliance with the ATAS Code of Conduct and ensuring a fair outcome for all parties.
10 February
11 May
17 August
9 November
ACAC meeting decisions in relation to Consumer complaints received.
HEARING DATE | OUTCOME | DETAILS |
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3 June 2019 | Breach | Ref# 19-0214 OUTCOME: The Committee was satisfied that the provisions in Clause 3.2(a)(vii) of the Code which states that Agents will act with due care and skill and Clause 3.2(a)(iii) which provides assurance about ‘service quality in the provision of information in a plain and easy-to-understand form’ were not met. SANCTION: Reimbursement of costs to the sum of $3,407. |
18 Feb 2019 | No breach | Ref# 18-0936 OUTCOME: Appeal dismissed. |
14 Dec 2018 | No breach | Ref# 18-1035 |
12 Nov 2018 | No breach | Ref# 18-0919 |
12 Nov 2018 | No breach | Ref#: 18-0609 |
20 Aug 2018 | No breach | Ref #18-0620 OUTCOME: Appeal dismissed. |
20 Aug 2018 | Breach of s 3.2(a)(iii) | Ref #18-0634 |
18 Jun 2018 | No breach | Ref #17-1153 ISSUE: The complainant sought to have ‘no show’ fees waived as alleged the agent failed to disclose all relevant information in a plain and easy to understand form. The ATAS Compliance Manager found no breach had occurred. OUTCOME: The ACAC upheld the decision of the ATAS Compliance Manager.
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30 Apr 2018 | No breach | Ref #18-0215 OUTCOME: ACAC upheld the decision of the ATAS Compliance Manager and found no breach had occurred. SANCTION: n/a. |
26 Feb 2018 | Breach of s 3.2(a) | Ref #17-1102 |
26 Feb 2018 | Breach of 3.2(a) | Ref #17-1037 |
8 Dec 2017 | Breach of s3.2(a)(iii) | Ref #17-0927 OUTCOME: The Committee found that the Agent had breached the section as they had provided general advice in regard to U.S. visa requirements but no relevant information under the heading ‘Travel to Canada/Mexico’. SANCTION: Agent to reimburse applicant sum of $2916 for additional costs and for the terms and conditions to be amended and expressed in a plain and easy-to-understand form. |
8 Dec 2017 | No breach of 3.2 | Ref #17-0922 OUTCOME: The appeal was dismissed. |
25 Aug 2017 | No breach of s3.2 | Ref#17-0529 Appeal by Complainant. No breach was found and finding s of the Compliance Manager were upheld. |
16 June 2017 | Breach of s3.2(a) | Ref#17-0339 Appeal by Complainant. A Rectification order was sanctioned to review internal processes when communicating with clients to ensure that all relevant and important information is provided when a quote is provided. Further to this, operating procedures must also be reviewed to ensure that when staff members are away ill from operation that alternative arrangements are in place to ensure that pending customer enquiries are appropriately dealt with and in a timely manner. |
24 Feb 2017 | No breach of s3.2 | Ref#16-0722 Appeal by Complainant. No breach found and findings of Compliance Manager were upheld. |
24 Feb 2017 | Breach of s3.2 found | Ref#16-0856 Appeal by Complainant. ACAC found Agent had failed to disclose all relevant information in a plain and easy to understand form. The Agent failed this obligation as it advised a refund would be “approximately $2500” yet this amount changed to $1803.72. The notification did not contain any advice that the amount of “approximately $2500” was subject to change and the Agent is thus contractually bound to the statement. The Committee determined that the term “approximately” allows only a 10% window either side of the stated figure. The Committee ordered a Rectification Order of an additional $500 to be refunded to the complainant. |
28 Oct 2016 | Breach of s3.2(a) found. | Ref #16-0826 Matter was referred to ACAC by Compliance Manager. ISSUE: Had the Agent disclosed the terms and conditions to the complainant and had the Agent acted with respect and courtesy? OUTCOME: Participant was required to write a written apology to the complainant and provide a report to ACAC detailing actions taken as required by the Improvement Notice. |
10 Feb 2016 | No breach of s3.2 found. | N/A |
8 May 2015 | Breach of s5.1(c). | Breach of 5.1(c) identified with respect to not meeting the timeline in responding to a complaint. An Improvement Notice in relation to breach was issued to the Participant and the Participant was required to write apology to the complainant |
8 May 2015 | No breach of s3.2 found. | N/A |
Committee Position | bio |
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ACAC Chair (Interim) | Hank Spier is the principal of Spier Consulting, Legal and Spier Consulting P/L, respectively a legal practice and a legal consultancy specialising in regulatory processes and strategies. Formerly Chief Executive Officer of the Australian Competition & Consumer Commission for some 17 yeas until late 2000. Hank has been a part time member of the Australian Law Reform Commission, and continues to support the ACCC as a consultant in relation to overseas capacity building for competition and consumer institutions. He has been heavily involved in the development of trade practices law for many years, both in Australia and in developing countries. Hank remains active across the industries as Chair of the Mortgage and Finance Association of Australia Tribunal, which oversees the Disciplinary regime and complaints alleging misconduct against Association members and imposes sanctions where appropriate. Hank brings a wealth of knowledge to the ACAC committee with his experience in advising a substantial number of private clients in trade practices issues, including mergers, cartel protection, codes of conduct, collective bargaining, misuse of market power and dispute avoidance and resolution. |
Consumer Representative Liza Newby![]() | Liza Newby is a longstanding consumer consultant and advocate. A former member of the Health Issues Centre (the peak NGO health consumer voice in Victoria) – over the last several years (until March 2018), and also a member of their Board of Directors. Liza also served as a Director on the Board of Australian Consumers Association – now ‘Choice’. |
Consumer Representative Jill Toohey ![]() | Jill Toohey is a lawyer and mediator with many years experience as a decision-maker and senior manager in Commonwealth and State tribunals. Her decision-making experience covers diverse areas including refugee law, the National Disability Insurance Scheme, discrimination law, workers compensation, guardianship and administration, vocational regulation, social security and gender reassignment. She has worked as a solicitor in community legal centres and has a long-standing interest in consumers rights. |
Industry Representative Marg Mulholland ![]() | Marg brings a heavy weight level of experience and industry knowledge to the committee. With a career spanning over 40 years in travel, including a long-standing service with Flight Centre Travel Group across a variety of roles such as GM 3rd Party Contracting, GM Employment Office, President GOGO Vacations and VP Flight Centre Global Product to name a few. Marg is an exceptional leader, negotiator and communicator and is passionate in assisting travel businesses succeed for future growth. |
Industry Representative ![]() | Appointed to the role of Chief Executive of the Australian Federation of Travel Agents (AFTA) in 2009, Jayson Westbury lead the travel industry through a national regulatory reform which has resulted in a de-regulated environment underpinned by an Accreditation Scheme owned by AFTA. With over 25 years of experience in the hotel/tourism/travel/hospitality industry, Jayson has a track record in leading successful organisations. Currently undertaking his MBA and with formal training in the hotel industry his experience has included working for hotel technology companies, hotel labour service provider companies, industry associations, business travel and events management companies. Jayson currently sits on several global boards and committees which include the Passenger Agency Global Joint Council, Chairman of the World Travel Agents Association Alliance (WTAAA) which represents over 80% of the global air sales travel turnover by distributors and is deeply involved in the dialog with IATA on NDC. |