My prediction back in August 2017 has proven correct.
In my opinion, auDA’s Policy Review Panel (PRP) simply did not have enough industry representatives from inception. Add to the mix two recent resignations, and the PRP now only has 3 representatives left plus the Chair (from the initial Panel). ** For such an important mission – probably the biggest in auDA’s history – I believe the PRP can no longer effectively and fairly deliver recommendations that have a wide range of stakeholder input.
Paul Zawa from the ACCC resigned on the 27th March – statement here.
And yesterday, Luke Summers, the Demand Class representative also resigned – official statement here. What is more telling though are his reasons as to why he resigned, and his resignation statement has been published on his own website TheLuckyCountry.com.au. Luke is one of the most intelligent and decent young men I have ever met, and so his letter is worth reproducing here. The “powers that be” should take note of his comments.
PDF: Notice of resignation from the 2017Policy Review Panel
Lack Of A Business Representative
** Of particular note is that until yesterday, the PRP had not filled the “Peak Business Body Representative” position. Not having someone from “Business” on the PRP since inception is in the opinion of many a big mistake. Business – particularly SME’s, would be the group most affected by any changes in the .au landscape.
Yesterday, an announcement was made that Nicola Seaton from Canstar has been belatedly appointed in this role – statement here. Whilst Ms Seaton’s integrity and credentials are certainly not in doubt, many people are already wondering how she (as another lawyer on the PRP) is a “peak body representative”?
And isn’t her appointment a case of too little; too late? She hasn’t had the benefit of all the debates around the table since last September; plus the submissions and the public forums – and here we are almost at the 11th hour.
My Opinion
I think auDA would be wise to eat some “humble pie”, and start again with the Policy Review Panel when it comes to direct registrations.
But this time, do the business case study first. Then make sure the panel is a lot more representative of the Australian internet and SME community, and finally, keep it disciplined. It’s one thing to have a strong point of view around the private table, but it’s not helpful if one of the panel publicly attacks and criticizes certain groups whilst it is still deliberating.
Ned O’Meara – 10th April 2018
The appointment of Nicola seems like a hurried reaction to criticism to me.
Whilst she is no doubt an excellent lawyer she is simply not a “peak body representative” and obviously she is in the wrong position on that panel.
Ned wrote:
“Of particular note is that until yesterday, the PRP had not filled the “Peak Business Body Representative” position.”
“Paul Zawa from the ACCC resigned on the 27th March …”
Below I make some additional points.
Peak Business Body Representative & Small Business Representation
I note that it has taken many months to announce the appointment of “a peak business body representative” to the Policy Review Panel. auDA announced on 27 Jul 2017 the appointment of the Chair of the Panel and on 8 Aug 2017 that the Panel membership would include “a peak business body representative”.
I hope the peak business body representative and/or other Panel members will be engaging with two peak business organisations that speak with authority on behalf of their many members – predominantly small business chambers and associations, which collectively represent many tens of thousands of Australian small businesses.
The two peak business organisations are:
(1) Australian Chamber of Commerce and Industry (Australian Chamber); and
(2) Council of Small Business Australia (COSBOA).
To give an indication of the scale and coverage of these two organisations, I list their membership below, as reported on their websites.
Representative of a government regulator
I also note the absence of “a representative of a government regulator” on the Panel, following the recent departure of the ACCC representative.
It is important that the ACCC’s regulatory views on consumer protection and competition policy in relation to issues before the Panel are publicly known.
It would give credibility to the Panel’s recommendations, if the ACCC were to:
– offer a replacement representative; or
– at least, make a public submission to the Panel outlining its views on key regulatory issues before the Panel.
Concluding comments
In the absence of informed and published positions from the ACCC and the two peak business organisations on key Panel issues, Panel recommendations and consequential auDA decisions may lack credibility.
In forming positions on .au Panel issues in the early 2000s the Australian Chamber and Small Business Coalition (convened by the Chamber) undertook comprehensive consultative processes with members, with the assistance of the Small Enterprise Telecommunication Centre Limited (SETEL, now defunct). SETEL was substantially funded under Commonwealth legislation to represent and advance the interests small business as consumers of telecommunications and ecommerce services. Disclosure: I was a consultant to SETEL and the Coalition and member of auDA’s first two Panels during 2000 & 2001.
Ian Johnston
List of members of two peak business organisations:
(1) Members of the Australian Chamber of Commerce and Industry
Source: http://www.australianchamber.com.au/membership/current-members/ (accessed 28 Mar 2018)
“The Australian Chamber has a network of over 115 business associations made up of peak state and territory chambers of commerce, national industry associations from all sectors, and the Business Leaders Council.”
Members listed on the Australian Chamber’s website:
Business SA
Chamber of Commerce and Industry Queensland
Chamber of Commerce and Industry Western Australia
Chamber of Commerce and Industry Northern Territory
Canberra Business Chamber
New South Wales Business Chamber
Tasmanian Chamber of Commerce and Industry
Victorian Chamber of Commerce and Industry: “… the peak body for employers in Victoria, informing and servicing more than 15,000 members, customers and clients around the State.”
ACCORD
Air Conditioning & Mechanical Contractors’ Association
Animal Medicines Australia
Association of Financial Advisers
Association of Independent Schools of NSW
Australia Arab Chamber of Commerce & Industry
Australian Automotive Dealer Association
Australian Dental Association
Australian Beverages Council
Australian Dental Industry Association
Australian Gift & Homewares Association
Australian Hotels Association
Australian Institute of Credit Management
Australian Made Campaign
Australian Meat Processor Corporation
Australian Mines and Metals Association
Australian Mobile Telecommunications Association
Australian Paint Manufacturers’ Federation
Australian Recording Industry Association
Australian Retailers Association
Australian Self Medication Industry
Australian Steel Institute
Australian Tourism Export Council
Australian Beverages Council
Australian Dental Industry Association
Australian Federation of Employers & Industries
Australian Gift & Homewares Association
Australian Hotels Association
Australian Institute of Credit Management
Australian Made Campaign
Australian Meat Processor Corporation
Australian Mines and Metals Association
Australian Paint Manufacturers’ Federation
Australian Recording Industry Association
Australian Retailers Association
Australian Self Medication Industry
Australian Steel Institute
Australian Tourism Export Council
Australian Tourism Industry Council
Australian Trucking Association
Australian Veterinary Association
Boating Industry Association
Bus Industry Confederation
Business Council of Co-operatives and Mutuals
Caravan Industry Association of Australia: “… peak national body for the Australian caravan and camping industry representing over 4000 industry businesses ranging from caravan parks, manufacturers and retailers of industry products, suppliers of goods and services, and service providers.”
Cement Concrete & Aggregates Australia
Chemistry Australia
Chiropractors’ Association of Australia
Consult Australia
Council of Private Higher Education
Cruise Lines International Association
Customer Owned Banking Association
Direct Selling Association of Australia
Exhibition & Event Association of Australasia
Financial Planning Association of Australia
Fitness Australia
Franchisee Federation Australia
Housing Industry Association
International Society of Primerus Law Firms
Large Format Retail Association
Live Performance Australia
Master Builders Australia
Master Plumbers & Mechanical Services Association of Australia
Medical Technology Association of Australia
Medicines Australia
National Disability Services
National Electrical and Communications Association
National Employment Services Association
National Fire Industry Association
National Online Retail Association
National Retail Association
National Roads and Motorists’ Association National Roads and Motorists’ Association
NSW Taxi Council
Outdoor Media Association
The Pharmacy Guild of Australia
Phonographic Performance Company of Australia
Printing Industries Association of Australia
Restaurant & Catering Australia
Recruitment, Consulting & Staffing Association
Screen Producers Australia
The Tax Institute
Victorian Automobile Chamber of Commerce: “Represents the interests of over 5000 Victoria automotive businesses.”
Academies Australasia
Airbnb
Academies Australasia
American Express
Angus Knight Group
Archerfield Capital Partners
Argus TrueID
Australian Hearing
Australian Eggs
BRI Ferrier
Brown & Chase
Campbell Page
Certica
Citrus Group
City Tattersalls Club
Commonwealth Bank
Corrs Chambers Westgarth
Crown Resorts
Designer Rugs
DXC Technology
Dymocks
eftpos
Employers Mutual Limited
Energy Industries Superannuation Scheme
Football Federation Australia
Gallagher
The GEO Group Australia
Google Australia & New Zealand
Intelledox
Interact Injury Management
Investec Australia
Ive Group
IQ Group Globe
Isentia
JLL
Laureate International Universities
MasterCard
National Heart Foundation
Netlinkz
Pfizer
PremierState
Procurement Australia
ResMed
Samsung Australia
Sanofi
Southern Cross Group Services
SPAR Australia
Sydney Airport
Telstra
Thales Australia
The Star Entertainment Group
Thorn Group
Uber
Universal Business School Sydney
Visa
(2) Members of the Council of Small Business Australia (COSBOA)
<www.cosboa.org.au/members> (accessed 28 Mar 2018)
Australasian Association of Convenience Stores
Australasian Convenience and Petroleum Marketers Association
Australian Booksellers Association
Australian Business Software Industry Association
Australian Communications Consumer Action Network
Australian Equipment Lessors Association
Australian Institute of Business Brokers
Australian Hairdressing Council
Australian Human Resources Institute
Australian Livestock and Rural Transporter Association
Australian Newsagents’ Federation
Australian Taxi Industry Association
Business Enterprise Centre
Commercial Asset Finance Brokers Association of Australia
Convenience and Mixed Business Association
Craft Beer Industry Association
CITT
Family Business Australia
Farmer Power
Hair and Beauty Australia
Independent Small Business Association
Institute of Certified Bookkeepers
Master Grocers Australia
National Credit Providers Association
National Security Association Australia
Pharmacy Guild of Australia
Post Office Agents Association Limited
Real Estate Institute of Australia
Stocktakers Institute of Australia
Tasmanian Small Business
The Australian Digital Television Industry Association
The Hub
The Small Business Institute