| ACMA issues guidelines on enforceable undertakings |
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| by Stuart Corner | |
| Thursday, 23 March 2006 | |
  
According to ACMA chairman, Chris Chapman, "Enforceable undertakings are aimed at encouraging behavioural change in an organisation. They are able to address systemic problems rather than simply penalise isolated instances of non-compliance or misconduct...A key advantage of this approach from the regulator's point of view is that the undertaking party takes responsibility for its own organisational and behavioural change." THE ACMA says the power "is similar to the powers of the Australian Competition and Consumer Commission, the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority to accept enforceable undertakings." An undertaking is a formal promise to act or refrain from acting in a particular manner. Enforceable undertakings for the purposes of the Telecommunications Act are included in a document signed by both parties which can be used by ACMA as the basis for a court order without ACMA having to establish, in court, a contravention of the relevant Act if the promise is broken. ACMA says it will generally publish enforceable undertakings on its internet site at www.acma.gov.au, as they are given. |
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