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(1) La Trobe University is committed to compliance with the Competition and Consumer Act 2010 (“the Act”) (formerly the Trade Practices Act), which includes the relevant consumer protection and unfair business practice provisions of Act that are contained in part of the Act known as the Australian Consumer Law (“ACL”) and all other relevant laws. The Competition and Consumer Law Policy has been established by Council to develop a culture of compliance within the University, in particular to create and put into action a Competition and Consumer Law Compliance Plan and Procedures for the University and to apply the principles and intent of the Act to all University activities and management. (2) The Act is designed to promote competition throughout Australia and to ensure that all companies and other entities, including the University, compete freely and fairly. The Act also protects consumers from unfair practices, such as being deceived, misled or bullied. (3) The Act applies to the University and its dealings with suppliers, research partners, students, users of University services and premises, and other relevant people. Compliance with the Act is an important responsibility of all University executives and employees – all staff are responsible for their own actions. The University, as well as its executives and employees who are involved in a breach of the Act, may be individually liable for substantial penalties, as well as compensation claims. Breach of the Act can also result in damage to reputation and adverse publicity for all involved. (4) Everyone who engages in trade or commerce in Victoria is also subject to the provisions of the Victorian Australian Consumer Law and Fair Trading Act 2012 (ACLFTA). The ACLFTA also promotes fair trading and consumer protection at a state level. (6) La Trobe University is committed to compliance with the Competition and Consumer Act 2010 (“the Act”)(formerly the Trade Practices Act), which includes the relevant consumer protection and unfair business practice provisions of the Act that are contained in part of the Act known as the Australian Consumer Law (“ACL”) and all other relevant laws. The University will manage, monitor and review Competition and Consumer Law compliance in accordance with the following Procedures. The Procedures sets out the details of the University’s Competition and Consumer Law Compliance Plan (accessible via the Competition and Consumer Law Website), which include reviewing areas of risk, education and training, monitoring, complaints handling, reporting requirements and plans for ongoing review. (7) The Act prohibits a range of anti-competitive conduct covering the University's dealings with its competitors, suppliers, students, research partners, and other persons: (8) The Act and the ACLFTA prohibit a range of unfair practices covering the University's dealings with suppliers, students and research partners, as well as the general public.In particular: (9) See the Competition and Consumer Law Compliance Guide (accessible via the Competition and Consumer Law Website) for further information about the prohibitions on anti-competitive conduct and unfair practices. (10) University Council will appoint a member of the Senior Executive Group to be the Compliance Officer.The role of the Compliance Officer will include: (11) The Compliance Officer will be responsible for organising the development of a trade practices compliance plan. The compliance plan will include the following: (12) All University staff are required to report any Competition and Consumer Law compliance issues and concerns to the Compliance Officer. (13) Internal disciplinary action will be taken against any staff member who is knowingly or recklessly involved in a contravention of the Act, the ACL or other relevant fair trading laws.Competition and Consumer Law Compliance Policy
Section 1 - Background and Purpose
Preamble
General
Section 2 - Scope
Top of PageSection 3 - Policy Statement
Section 4 - Procedures
Key prohibitions in the Act for Universities
Prohibitions on Anti-competitive Conduct
Prohibitions on Unfair Practices
Appointment of a Compliance Officer
Development of a Compliance Plan
Reporting Non-compliance
Disciplinary Action
Section 5 - Definitions