As a backstop to its members’ own internal complaints handling processes, ADMA, through the Code Authority, offers consumers recourse with unresolved consumer complaints about ADMA members.
Cases against non-member companies are referred to the appropriate bodies e.g. the Office of the Australian Information Commissioner (OAIC), The Australian Competition and Consumer Commission (ACCC), The Australian Communications and Media Authority (ACMA) and Fair Trading.
Government agencies receiving complaints about members are able to refer them to ADMA for resolution.
Should the Code Authority find a breach of the Code of Practice by an ADMA member it can impose a variety of sanctions. These include:
- Requiring a formal apology for the breach;
- Requiring corrective advertising or the withdrawal of offending advertisements or statements;
- Requiring correction or deletion of relevant records and personal information;
- Recommending refund or replacement of goods or services where appropriate;
- Requiring the member to take specified remedial action to correct the breach and avoid reoccurrence;
- Seeking a written undertaking for the member that the breach will not be repeated;
- Recommending to the CEO that membership be revoked.
Where a member demonstrates wilful non-compliance with the code, the Code Authority can recommend that it be expelled from the association.
The Code Authority may also make recommendations to the association on possible changes to the code.