| Part VII: Administration
of the Code |
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| 42. |
Code
Administrator |
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a) |
The Code will be
administrated by a Code Administrator appointed from within New
Zealand |
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b) |
The Code Administrator
is an independent person of recognised integrity appointed to
determine whether a contravention of the Code has occurred and
has the power to direct the member company to remedy any complaint
and if applicable apply suitable actions and sanctions. |
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c) |
The Code Administrator
will ensure that in no circumstances will this Code provide for
lower standards than set in legislation. |
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d) |
All costs associated
with the Code Administrator shall be borne by the DSANZ |
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e) |
The functions of
the Code Administrator include: |
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- monitoring and reporting on
the Code's operation;
- investigating systematic and
recurring problems
- undertaking full investigation
of any complaint referred by the DSANZ
- directing a binding resolution
to the complaints heard
- directing suitable action or
sanctions for contraventions of the Code
- ensuring prompt resolution of
all complaints
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f) |
Remedies - The Code Administrator may require the
cancellation of orders, return of Products, purchased, refund
of payments or other appropriate actions, including warnings
to Direct Sellers or Companies, cancellation or Termination of
Direct Sellers' contracts or other relationships with the Company,
and warnings to Companies |
| 43. |
Code Administrator Appointment and Term |
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a) |
The appointment
of the Code Administrator shall be made by a two thirds majority
of the DSANZ Board
for a term not exceeding three years. |
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b) |
At the expiration
of a three year term a Code Administrator may be appointed for
a further three year term. |
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c) |
By the same majority as clause 44.b, the DSANZ Board
may reduce the term or rescind the appointment. |
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d) |
The Code Administrator
shall not be appointed from within the Direct Selling industry
but shall be a person of recognised integrity, with good knowledge
of legislation, normal commercial practice and a general understanding
of direct selling. |
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e) |
On the resignation
or death of a Code Administrator, the President of the DSANZ
will assume the interim role of Code Administrator until a permanent
replacement is appointed. |
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f) |
The
DSANZ Board shall endeavour to appoint a suitable permanent
replacement within 30 days of the resignations effect, or the
death or termination of a Code Administrator. |
| 44. |
Monitoring |
| |
a) |
The DSANZ shall
monitor compliance with the Code and shall advise the Executive
committee of potential breaches or non compliance. |
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b) |
The Executive committee
may refer any agreed breaches to the Code Administrator or in
minor cases direct compliance by the member to remove the breach. |
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c) |
The DSANZ shall
monitor the operation of the independent dispute resolution mechanisms
that handle complaints under this code. |
| 45. |
Systematic or Recurring Contraventions |
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a) |
The Code Administrator
may investigate complaints indicating systemic or recurring contraventions
of the Code. After such an investigation, the Code
Administrator's directions are to be forwarded to the Executive
Committee of the DSANZ for action. |
| |
b) |
The Executive may
take such actions deemed necessary as prescribed in the Association's
Constitution, and may make recommendations to government for
further action to eliminate or minimise the problem. |
| 46. |
Complaint
Handling |
| |
The DSA and Code
Administrator shall establish, publicize and implement complaint
handling procedures to ensure prompt resolution of all complaints.
Companies shall also establish, publicize and implement complaint
handling procedures under their individual complaint handling
processes to ensure prompt resolution of all complaints. |
| 47. |
Company's Responsibilities |
| |
The primary responsibility
for compliance of the Company and its Direct Sellers with the
Code shall rest with each Company. In case of any breach of this
Code, Companies shall make every reasonable effort to satisfy
the complainant. |
| 48. |
Annual
Report |
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The DSANZ shall
publish an annual report on the operation of the Code and present
it to its Annual General Meeting and make copies of this report
available publicly. The report shall include: |
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- performance of the Code against
developed performance indicators
- the number, nature, and outcomes
of complaints made under external dispute procedures
- a summary of the number, nature
and outcomes of complaints as reported by parties to the Code
- details of any investigation
undertaken Systemic or Recurring Contraventions, and the results
of such investigation
- the names of all parties to
the Code
- any other general issues the
DSANZ wishes to comment on
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| 49. |
Reviews
of the Code |
| |
a) |
The Code will be
reviewed at periodic intervals which may be initiated by reviews
of the World Code of Practice, request by government, consumer
organisations or by a majority of the DSANZ Board of Executives |
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b) |
Reviews will be
conducted by the DSANZ in consultation with relevant government,
industry and consumer organisations. |
| 50. |
Amendment |
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The Code can be
amended at any time by the DSANZ Board with the Approval of the DSANZ at a general
meeting and after consultation with relevant government, industry
and consumer organisations. |
| 51. |
Education |
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a) |
The DSANZ shall
undertake appropriate activities to ensure that consumers and
industry are aware of the Code and understand its obligations. |
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b) |
The DSANZ shall
undertake appropriate activities to ensure members comply with
the Code and shall make the Code available to non members on
request. |
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c) |
The DSANZ shall
undertake active promotion to non members to join the DSANZ and
adopt the Code. |
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d)
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All Companies are
required to publicize the DSANZ's Code of Ethics to their Direct
Sellers and Consumers |
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