Australian Consumer Law
YOUR BUSINESS GURU maintains compliance with the National Competition and Consumer Act 2010 and associated Australian Consumer Law (ACL) requirements as specified in the Act and enacted in various state legislation across Australia. The ACL protects clients and ensures fair trading in Australia. Under the ACL clients have the same protections, and businesses have the same obligations and responsibilities, across Australia.
YOUR BUSINESS GURU has implemented this Consumer Protection Policy and aligned Consumer Protection Strategy to protect the needs and interests of all clients.
The designated Consumer Protection Officer assigned:
Mr John Millar
Chief Executive Officer on (03) 9975 7300
As a course services provider, YOUR BUSINESS GURU supplies services and guarantees that these services will be:
- Provided with due care and skill;
- Fit for the specified purpose; and
- Provided within a reasonable time.
YOUR BUSINESS GURU ensures it uses acceptable levels of skill or technical knowledge and takes all necessary care to avoid loss or damage when providing course services.
Consumer Protection Strategy
YOUR BUSINESS GURU Obligations
YOUR BUSINESS GURU ensures to:
- Provide the training and support necessary to enable students to achieve competency;
- Provide quality training and assessment experiences for all students;
- Provide a clear accessible feedback and consumer protection system, including a designated consumer protection officer;
- Maintain procedures for the protection of consumers’ personal information;
- Provide established documented with accessible consumer feedback and complaints handling policies and procedures; and
- Provide clients with details of pathways for resolving escalating complaints.
Clients Rights and Obligations
YOUR BUSINESS GURU clients have the right to:
- Expect that the quality of training meets the standards, regulations and requirement as set down by the Australian Skills Quality Authority (ASQA) and relevant government subsidy body (where applicable);
- Be informed about the collection of personal information and be able to review and correct that information;
- Access YOUR BUSINESS GURU consumer protection complaints processes
YOUR BUSINESS GURU Client obligations:
To provide accurate information to YOUR BUSINESS GURU; and to consistently behave in a responsible and ethical manner.
Unsolicited Consumer Agreements
YOUR BUSINESS GURU or its contracted third party representatives may from time to time engage in marketing promotions that result in unsolicited consumer agreements. Such promotions may include contacting prospective students for course service offerings or approaching prospective students in public areas outside of YOUR BUSINESS GURU premises.
YOUR BUSINESS GURU representatives who make unsolicited contact with potential students in order to promote course services comply with:
- Limited hours for contact;
- Disclosure requirements when making an agreement;
- Criteria for an agreement, including that it must be in writing; and
- Restrictions on supplying services above a certain value, and to request payment during the cooling- off period.
Permitted Contact Hours
YOUR BUSINESS GURU representatives maintain compliance with the permitted hours for telemarketing, regulated under the Do Not Call Register Act 2006 and associated telemarketing standards. Formation Training representatives do not undertake telephone or fax marketing to clients:
- On a Sunday or a public holiday;
- Before 9am or after 8pm on a weekday; or
- Before 9am or after 5pm on a Saturday.
Specifically, for unsolicited consumer agreements, clients have 10 business days to change their mind and cancel the Course Fees Agreement. During the cooling-off period YOUR BUSINESS GURU does not provide any services or accept any payment.
For agreements negotiated by telephone, the cooling-off period begins on the first business day after the client receives the agreement document. For other agreements, the cooling-off period begins on the first business day from the date of agreement.
A client must terminate an agreement in writing. The termination date is when the client gives or sends the notice.
Course Fees Agreement
YOUR BUSINESS GURU Course Fees Agreement is transparent – expressed in plain language, legible and clearly outlines:
- The full terms of the agreement;
- The total fees payable, including fees for all additional items;
In addition, YOUR BUSINESS GURU identifies:
- Business address; (not a post box number)
- Australian Business Number (ABN) or Australian Company Number (ACN); and
- Email address.
Provision of the Written Agreement
When a YOUR BUSINESS GURU representative negotiates an unsolicited consumer agreement:
- The representative informs the client of their termination rights before the agreement is made;
- The client is given a written copy of the agreement; and
- Both parties sign the agreement and any amendments.
Information about termination rights is provided to clients by YOUR BUSINESS GURU in writing and is attached to the agreement; Transparent – expressed in plain language, legible, clear, and appears prominently in the document, other than in the YOUR BUSINESS GURU name and logo.
If negotiated in person, the written copy of the agreement is provided to the client immediately after it is signed or if negotiated by telephone the written copy will be forwarded in person, by post or electronically (subject to client approval) within five (5) business days of the agreement occurring.
Consumer Protection Complaints
If an individual perceives that YOUR BUSINESS GURU or one of its third party representatives has breached its obligations in the undertaking of marketing and sales activities, they may raise a complaint. We encourage individuals to discuss the situation with their YOUR BUSINESS GURU representative in the first instance, before lodging a complaint.
The complaints handling process is as follows:
- The individual should lodge the complaint including all relevant details about the issue as soon as possible in writing to Formation Training:
YOUR BUSINESS GURU Consumer Protection Officer:
Mr John Millar
Chief Executive Officer on (03) 9975 7300
- YOUR BUSINESS GURU will investigate the circumstances of the complaint the and respond to the individual as soon as possible or within a maximum of 30 calendar days regarding its findings and proposed actions following further investigations.
- After considering this response, if the individual is still not satisfied they may escalate the complaint directly to the Consumer Protection Agency in the relevant jurisdiction for investigation. Please refer to our complaints policy for more details.