consumers. We would like to suggest that the term is one which conveys not only an “Ombud” exactly appropriate and accurate meaning but also conveys a sense of trust and confidence and is therefore preferable to the term “Authority”. Once again, thank you for the invitation to make a submission on the consultation paper. Feel free to contact me directly if I can provide further information on 03 9863 7859 or kjenkins@arca.asn.au. Yours sincerely Kim Jenkins Chief Executive Officer ARCA recommendations to the consultation process: Extend requirements that EDR decisions should not be contrary to the law to encompass all disputes brought before the EDR scheme and not solely superannuation complaints. Ensure that the provision that EDR determinations are subject to appeal on questions of law is extended to all complaints, and not solely superannuation complaints, and that an appropriate and effective appeal mechanism is implemented that does not rely solely on recourse to the Federal Court. Ensure that all EDR determinations are appropriately documented in all instances and make clear the reasons for the determination, including outlining the applicable points of law. Require decision-making employees of the EDR scheme to be trained in the requirements of the Privacy Act and the CR Code (in the same manner as paragraph 2.2 of the CR Code currently requires all credit provider and credit reporting body employees who handle credit-related personal information to undertake education and training in the credit reporting system). Reconsider the use of the word in the name of the scheme in favour of a less “Authority” imposing word that more accurately reflects the nature of the EDR process.
consumers. We would like to suggest that the term “Ombud” is one which conveys not only an exactly appropriate and accurate meaning but also conveys a sense of trust and confidence and is therefore preferable to the term “Authority”. Once again, thank you for the invitation to make a submission on the consultation paper. Feel free to contact me directly if I can provide further information on 03 9863 7859 or kjenkins@arca.asn.au. Yours sincerely Kim Jenkins Chief Executive Officer ARCA recommendations to the consultation process: Extend requirements that EDR decisions should not be contrary to the law to encompass all disputes brought before the EDR scheme and not solely superannuation complaints. Ensure that the provision that EDR determinations are subject to appeal on questions of law is extended to all complaints, and not solely superannuation complaints, and that an appropriate and effective appeal mechanism is implemented that does not rely solely on recourse to the Federal Court. Ensure that all EDR determinations are appropriately documented in all instances and make clear the reasons for the determination, including outlining the applicable points of law. Require decision-making employees of the EDR scheme to be trained in the requirements of the Privacy Act and the CR Code (in the same manner as paragraph 2.2 of the CR Code currently requires all credit provider and credit reporting body employees who handle credit-related personal information to undertake education and training in the credit reporting system). Reconsider the use of the word “Authority” in the name of the scheme in favour of a less imposing word that more accurately reflects the nature of the EDR process.
Australian-Retail-Credit-Association.docx