Code of Practice

What is the Code?

The ADMA Code of Practice was developed to set standards of conduct for direct marketers, minimise the risk of breaching legislation, promote a culture of best practice, serve as a benchmark in settling disputes and increase business and consumer confidence in doing business with ADMA members who are bound to the provisions of the Code.

The requirements of the Code are covered in this section. A full copy of the Code can also be viewed and downloaded as needed.

The Code sets out specific standards of conduct for participants in the direct marketing industry in relation to individuals and consumers and serves as a benchmark in settling disputes.

The requirements of the Code are based on common sense and are matters of fairness and honesty. The Code not only promotes fair-trading but also is intended to serve as a point of reference for Members to ensure they comply with all applicable state and commonwealth laws.

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Why is the Code necessary?

Direct marketing is expanding rapidly. More consumers are choosing to purchase goods and services through direct response channels and more businesses are using these media to meet this increasing demand. Because they operate at a distance rather than face-to-face with consumers, direct marketing organisations place a greater emphasis on building consumer confidence and trust. This is especially true in respect of their handling of personal information such as name, address and other identifying information.

The future expansion of direct marketing depends on the players conducting their business in a fair, honest and ethical manner, both in dealings with other businesses and consumers. Only by doing so can the reputation of the industry be enhanced so that consumer demand will continue to grow.

Statement of objectives

• The objectives of the Code are to:
• Ensure business and consumers have access to the product and service information they need to make informed choices
• Minimise the risk of members breaching the Trade Practices Act 1974, Privacy Act 1988 including the National Privacy Principles (NPPs), Spam Act 2003 or State fair trading legislation
• Promote a culture among members of conducting their businesses fairly, honestly, ethically and in accordance with best practices; and
• Increase business and consumer confidence in doing business with ADMA members

Scope of the Code

The Code binds all ADMA members and all employees, agents, subcontractors and suppliers of ADMA Members. Sections D and G of the Code are extended to apply not only to member, but also to fundraisers and charities trying to generate donations.

An alleged breach of the Code by a Member of ADMA, its employees, agents or subcontractors will be dealt with in accordance with the enforcement provisions of the Code.

It is the responsibility of all ADMA Members to ensure their suppliers become familiar with the Code compliance obligations of the Member. In addition, members that provide direct marketing services should ensure that clients utilising the services respect and adhere to the Code provisions.

If ADMA becomes aware of an alleged breach of the Code by a direct marketing organisation that is not a Member, ADMA will bring the matter to the attention of the company concerned and seek compliance.

To assist the Code Authority in enforcing the Code, members consent to details of alleged Code breaches being disclosed by Federal and State Regulatory bodies to the Code Authority for consideration.

ADMA has periodically issued Guidelines in accordance with the Code and will issue further Guidelines from time to time.

Conflict with legislation

Where there is any conflict or inconsistency between the Code and any Commonwealth, State or Territory legislation regulation, that legislation or regulation shall prevail to the extent of the conflict or inconsistency. ADMA Members must comply with all Commonwealth, State or Territory legislation relating to business and direct marketing practices.

Citation

This Code may be cited as the ADMA Code of Practice.