AGENTEssential reading for Collectors, Investigators, Process Servers and Repossession Agents
December 08 / January 09 Volume 41 Issue 6www.imal.com.au
A BUMPY road ahead?
QUESTIONS of Judgments
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3AGENT
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AgentDecember 08 / January 09 Volume 41 Issue 6
AGENTDecember 08 / January 09 Volume 41 Issue 6 Agent is the official bi-monthly journal of the Institute of Mercantile Agents Ltd.
47 Newcomen Street Newcastle, [email protected]: 94 000 514 483ISSN: 1443-3443Editorial DirectorAlan Harries Phone (02) 4927 0477 Fax (02) 4927 [email protected]
Editor Contributions, articles, letters and comments from readers should be directed to:Institute of Mercantile Agents47 Newcomen StreetNewcastle, NSW 2300Phone (02) 4927 0477 Fax (02) 4927 [email protected] material deadline is the 1st of the month preceding publication.Design and ProductionAbigail ThompsonPhone (02) 4927 [email protected]
PrinterGreg Tapp PrintingMayfieldPhone (02) 4960 0700 Fax (02) 4960 0701General, Membership andService Directory EnquiriesInstitute of Mercantile Agents Ltd.Office hours: 8.30am-5.00pm [email protected] (02) 4927 0477 Fax (02) 4927 0677PO Box 475, Newcastle NSW 2300Advertising EnquiriesPhone (02) 4927 0477 Fax (02) 4927 [email protected]
No part of this journal may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system without the prior written permission of the publisher. The views contained in articles by contributing authors are not necessarily those of the publisher, editor or directors of the Institute of Mercantile Agents Limited. Articles and content may have been edited, but remain the copyright of the author. It should be noted that articles are of a general nature and are not a substitute for appropriate professional advice. Although all reasonable attempts have been made as to accuracy of submitted advertisements and their bona fides, no warranty is given to any party. The right is reserved to accept or reject any articles or advertisements.
17
contEntSon tHE coVER: A bumpy road ahead 10 Questions of Judgments 8
nEWS 4 Civil claims 6 Rico Nexus launched 18 Privacy update 18 Big hit by regulator 19
FoRUM
Refinancing - a bumpy road 10 ACCC/ASIC 12 Victoria considers options 12 Financial stress 13
InDUStRY tALES
Its just a Summons 7
MEMBER InFo
Wedding bells 14 Networking at the NSW division 15
PRoFESSIonAL DEVELoPMEnt Questioning Judgments 8 The credit reporting landscape 9 Threat or opportunity 17
InStItUtE Report from the President: Michael Howard 20 Report from the Executive Director: Alan Harries 21 The IMA network: sub-committees and contacts 22
AGENT4
NEWS
A private investigator was reportedly assaulted while trying at Turramurra to issue a subpoena to a witness in a dispute at a wealthy old people’s home - its alleged a 27 year old man and a 28 year old colleague went to a house to serve the document where they
were greeted by a 41-year-old man wielding a gun and who assaulted the 27 year old. The process server was treated in Hornsby Hospital for minor injuries.
Media reports detail allegations Barry Rubinstein opened the door of his Turramurra home armed with a plastic weapon and assaulted the 27 year old male investigator while his female colleague videotaped the incident. Rubinstein was charged with assault, being armed with intent to cause an offence and possession of a prohibited weapon. Police allegedly found three replica weapons, three antique pistols and an empty Glock magazine in his home.
[Source: www.abc.net.au 18 October 2008 and www.smh.com.au 19 October 2008]
ASSAULT on process server
The Australian reports Prime Minister Rudd has signalled a crackdown on credit cards including review of unsolicited
offers to extend debt limits and interest rates due to his concern at the “extraordinary spread” of interest rates charged by credit card lenders.
Reform options will reportedly build on the decision by the Council of Australian Governments to overhaul consumer credit laws and refer powers to the Commonwealth in an attempt to protect consumers from unscrupulous lenders - a requirement for lenders to lend responsibly will be introduced and all providers and brokers will also have to become members of an external dispute resolution scheme that consumers can appeal to. [Source: www.theaustralian.news.com.au 30 October 2008]
UK newsgroup INSIDE HOUSING reports mortgage lenders are ‘banging through’ repossession cases to beat
the introduction of tighter court protocols requiring them to offer more concessions to struggling clients and quotes the Bankruptcy Advisory Service, an independent debt advice body as saying banks were pushing ahead with repossession cases as quickly as possible.
‘Pre-action protocols’ issued by the Civil Justice Council come into force on 19 November. This will make repossession a ‘last resort’ preceded by discussions between the parties on extending the term or changing the type of mortgage, deferring interest payments or capitalising arrears.
Court figures show that the number of repossession cases jumped 70 per cent between March and June, this year.
Gill Hankey, director of the Bankruptcy Advisory Service, said: “There’s no doubt that lenders are banging through repossession cases. Lenders should be considering all the common sense things before tipping a family out onto the street, but they aren’t. I’m not convinced that all the banks and building societies will comply with the new protocols.”
A Council of Mortgage Lenders spokesperson said: “It’s up to each lender to decide when to enter a repossession claim.”
She said rising repossession rates were not due to the forthcoming court protocols, because Financial Services Authority rules along similar lines already exist. “It’s much more likely to be down to the worsening economic environment,” she added.
Shelter chief executive Adam Sampson said: “The protocols are a major step forward in helping thousands keep their homes.”[Source: www.insidehousing.com.uk 5 November 2008]
REPOS pushed through in UK
cRAcKDOWNon credit cards
A NZ Government ministry hired a private detective to watch World Cup rugby final matches on television to
see if advertising was run in the programme, the Auckland District Court was told as the state opened its case against TV3 owners Mediaworks who are being prosecuted by the Ministry of Culture and Heritage for screening advertisements on Sunday mornings. They face three counts for screening the ads during the quarters, semis and finals of the World Cup in October last year.
In opening for the ministry, Mark Woolford gave Judge AA Sinclair a witness list which included Auckland private investigator Peter Ward and explained with a grin “He was asked by the Ministry to watch TV on three consecutive Sundays and he has taken recordings of those.”
As New Zealand lost the first of the matches the disclosure of the involvement of a private investigator drew smiles from the judge and the court.
Where do we sign up?[Source: www.stuff.co.nz 25 November 2008]
GREAT Gig!PI hired to watch rugby on TV
AGENT 5
NEWS
Port Washington - The Journal Sentinel reports a woman is facing three counts of first-degree reckless endangerment
after she chased her estranged husband and their 9-year-old daughter around his house in a Hummer because he wanted to evict her from her home. Each charge carries a maximum penalty of 12 1/2 years.
According to a criminal complaint filed in Ozaukee County Circuit Court Vikki G. Bearden-Berrada, 43, arrived just before 5pm at her husband’s home to drop off their daughter and found a process server waiting there with a notice of eviction from her home.
When the process server tried to serve her in the driveway, the woman allegedly stepped on the gas and aimed the Hummer H3 at her husband and daughter, who were standing next to the process server. The vehicle rammed into the server’s van reportedly pushing it 4-5 feet. The husband and daughter fled to the front porch, (followed by Bearden-Berrada in her Hummer) then ran from the porch and around the east side of the house, with the Hummer in pursuit.
The husband told police, at one point as the Hummer came around a corner of the house, he dodged it by clinging to the side of the house with his daughter. The Hummer then spun out, carving a circle into the lawn, before being driven off the lot ‘in a reckless manner’. According to the complaint document, the process server and the husband said they feared they and the girl were going to be killed.
[Source: www.jsonline.com Milwaukie Journal/Wisconsin Sentinel - 21 November 2008]
BUMMER! No just a Hummer!Woman accused of driving at husband
US Police report arresting a man they say was posing as a private investigator.
According to Greensboro Police, Stacy L. Forster was arrested and charged with obtaining property by false pretense.
Reportedly, Forster operated a company called Faith and Hope Security and Investigations but was not licensed to conduct private investigations or conduct private protective functions. Police said the charge stemmed from taking money for conducting private investigations.
[Source: www.news-record.com 6 November 2008]
PI poser!
WSB Radio reports a US debt collector is under arrest, charged with impersonating a Fulton County police officer - when police went to his office, Joseph Jackson was still wearing a full uniform, including a badge and gun and admitted he did not work for the Fulton County police department. According to the arresting officer Jackson said he “always wanted to be a police officer.”
It seems the police receiving a tip that Jackson was impersonating an officer and went to check it out. When first confronted Jackson tried to pass as a Fulton County cop, producing a fake Fulton County police ID.
Investigators are now trying to determine if Jackson used the uniform while he collected debts.
[Source: www.wsbradio.com 19 November 2008]
cHARGEDcollector arrested as Fake cop
A US private investigator who flashed a handgun and a detective’s badge to gain entrance to private property was arrested on a charge of impersonating a law enforcement officer, according to media reports in the Orlando Sentinel.
Despite being confronted by a Lady Lake police officer and a Lake County deputy sheriff, Patricia Wolfman, 37, of Eustis, whose state-issued investigator’s license expired last month, insisted she was a “detective for Lake County.”
Authorities reportedly double-checked her claim with the Lake County Sheriff’s Office, but could find no record of a deputised employee by that name, leading to Wolfman’s arrest.
Police claim Wolfman had been hired to search for a debtor who lived in Recreation Plantation. The alleged debtor contacted the property manager who then confronted Wolfman. Wolfman then flashed a badge bearing the inscription, ‘Detective of Lake County, Florida’ and produced a concealed-weapons permit.
[Source: www.orlandosentinel.com 17 November 2008]
PI caught outArrested impersonating law enforcement officer
DUMB, dumber and dumbest?
Exciting news for the AGENT is the IMA Board’s decision to commence extended circulation of this magazine by the adoption of software allowing it to also be distributed as an e-magazine. In addition to its ongoing existing circulation as a hard copy magazine, an e-magazine version will be issued by email. This additional format will facilitate cost effective increased circulation as the IMA lobbies for improvements to regulations and legislation affecting our industry.The same software will also allow the IMA in 2009 to introduce a version of its Online Directory as an e-directory to distribute by email to financiers, lawyers and business.
e-AGENT
AGENT6
NEWS
Back in late June 2008, the NSW Division wrote to NSW Attorney
General John Hatzistergos voicing concerns held by members in respect to difficulties being encountered in following the civil claims procedures for the recovery of debts specifically in respect to matters handled by the NSW Sheriff ’s Office (the “Sheriff”).
The letter acknowledged the Sheriff performs many duties of differing complexity but generally only in the time frame of between 8.30am to 6.00pm, Monday to Friday. Further, it was noted, the Sheriff holds a monopoly for bailiff type work (eg. execution of writs, seizure of goods for auction and repossession of real property) whereas in other jurisdictions such as Queensland, Northern Territory and Western Australia the work of bailiffs is also performed by private enterprise licensed commercial agents.
The Division highlighted to the Attorney General:• TheSheriff ’seffortsindebtrecovery
activities are restricted to its opening hours, notwithstanding many debtors are employed and so not at their homes during such a business hours week day time frame. Also and after each unsuccessful attempt to execute a writ undertaken by the Sheriff further costs are incurred by the creditor.
• EachWritnotexecutedeffectivelyassists another debtor to escape or defer his/her obligations to a creditor.
• Creditorsincludinggovernmentareencountering difficulties with the payment of accounts and are further frustrated by unreasonable and costly
delays in pursuing legitimate debt recovery processes.
• Debtorsavoidingpaymentoftheiraccount obligations escalate each year both in actual numbers and value - such avoidance directly contributes to increasing prices as business including government must by necessity include the cost of bad debt into the prices and fees borne by those customers who do pay!
• Wheredebtorsarepursuedlegitimately through the NSW civil claims processes, the inefficiencies of activities such as the execution of a writ being only undertaken during the time frame of business hours Monday to Friday unnecessarily and unreasonably contributes to higher costs and unreasonable delays for creditors.
• Thebusinesscommunityandcommercial agents alike could be understandably cynical in believing the current civil claims processes actually afford direct protection to defaulting debtors to avoid payment.
The Division requested the Attorney General to:
1. Introduce legislation to allow commercial agents in NSW the opportunity to undertake bailiff work of the nature historically undertaken by the Sheriff and allow private enterprise to provide this service outside of the time frame of business
hours Monday to Friday to introduce competition and performance to these civil claims processes.
2. Consider and support the recommendations of the submissions made by the IMA and its sector group, the Australian Collectors Association to the current review of the Commercial Agents and Private Inquiry Agents Act, 2004 being undertaken by the NSW Ministry for Police which included advocating the NSW Government undertake initiatives to achieve national regulation of commercial agents and private enquiry agents and their activities.
3 Please allow an opportunity for the Division to meet with him and appropriate members of his department to discuss its concerns and as a significant stakeholder to debt recovery activity within NSW to participate in a review of current civil claims procedures.
RESPONSEMr Hatzistergos’ reply to Sonia Ferlauto, the NSW Division President on 19 November 2008 in part included the following advice:
“… I appreciate the important role that is undertaken by commercial agents in debt recovery processes. I am prepared to consider proposals that enhance the involvement of commercial agents in civil enforcement processes provided that proposals do not significantly increase the cost of litigation to parties or diminish the responsibility of the Sheriff to oversee and manage civil enforcement functions.I have asked the Assistant Director-General, Court and Tribunal Services and the Policy Manager (Court) to meet with you to discuss your concerns and explore opportunities to enhance the involvement of commercial agents in the debt recovery process.” ■
cIVIL ClaimsCall for legislative amendments to allow commercial agents to undertake bailiff work in NSW
“I am prepared to consider proposals that enhance the involvement of commercial agents in civil enforcement
processes”NSW Attorney General
AGENT 7
INDUSTRY TALES
Enjoying the contribution of articles from members? We certainly were!Most members have a tale or two to tell, why not share it - you might even win the “Article of the Year” Award which includes a credit for your IMA membership next year. Send your story now to [email protected].
AGENT Essential reading for Collectors, Investigators, Process Servers and Repossession Agents
IMA member Kim Radok of Credit Matters reflects on a time past in our
industry, back some 15 years ago, when holidaying in Darwin he caught up with a fellow who worked as an agent and bailiff in the NT. Having first read about this fellow in the AGENT, Kim admitting to being a bit of a sticky beak took the opportunity to contact him to see if they might catch up for a bit of a chat whilst he was up north.
Kim recalls a great chin wag with his fellow agent (we’ll call him Don) and comparing notes on how they each operated and in particular he fondly recalls this tale:
It seems Don had to serve a summons on ‘Mary’, one of the locals for an outstanding debt. Mary lived in one of the less well-off sections of the Darwin community but according to Don, despite this disadvantage, Mary had been brought up wise to the ways of process servers and sheriffs, such that wherever any process server or sheriff called to serve any papers, Mary was never home. Her mother always seemed on guard at the door declaring Mary was not there.
At Mary’s home and again confronted by Mary’s mother expertly guarding the front door and told yet again Mary was not home, Don asked: “Does Mary take a Tattslotto Ticket?”
On hearing the question, the mother turned around and screamed into the house: “Come quick, Mary, the man from Tattslotto is here!” Mary appeared and Don served the papers.
It seems on service of the papers, Mary and her mother were less than happy with Don and colourfully accused him of coming from all sorts of places, and being the lowest of the low and of lying to them.
Allowing the ‘compliments and statements’ to finally come to an end, Don calmly reminded Mary and her mum that in fact he hadn’t lied but had merely asked the question: “Does Mary take a Tattslotto Ticket?” On that note, Don left the women stony faced and at last, silent!
Alas back to the modern industry where such a situation would place an agent in hot water with the regulators - refer to panel at right. ■
Section 12DA(1) ASIc Act“A person must not, in trade or commerce, engage in conduct in relation to financial services that is misleading or deceptive or is likely to mislead or deceive.”
This provision applies widely to trade or commerce activities, of which collectors’ activities are but one aspect. The above section prohibits a collector from making any statement or engaging in any other conduct (for example, impersonating someone, or using a false letterhead or document) that is misleading or deceptive or is likely to mislead or deceive. The terms ‘misleading’ and ‘deceptive’ are not defined in the statute and should be understood in the way they are ordinarily used and defined.
Collectors may breach this prohibition even though they do not intend to mislead - it is enough that the misrepresentation is likely to have this effect on the type or class of person to whom the conduct is directed. In some circumstances, a collector may need to positively disclose information to avoid creating a misleading impression.
ITS just a Summons!
by Kim Radok
AGENT8
PROFESSIONAL DEVELOPMENT
Recently, a debtor with arrangements to pay a debt by instalments contacted
me, very irate as he had been refused credit by other suppliers due to the judgment entered in my matter being recorded by Veda Advantage.
Judgment had been entered to protect my client’s interest such that if the debtor failed to honour the arrangement my client would not have to commence his action again if the time to enter judgment after service had expired.
I hadn’t listed the judgment with Veda Advantage. I called my client but he hadn’t listed the debt either and was shocked this had occurred without his knowledge as his business and its dealings were now listed for public consumption.
Two days earlier, my office was contacted by another unhappy debtor refused credit due to a listing of a judgment. In this instance, the debt had actually been paid in full and the debtor demanded I have the listing removed.
Upon explaining I had no idea what she was talking about and after checking with the client concerned who was also unaware, the debtor threatened to take legal action against myself and my client. After discussions with this debtor, I supplied a letter confirming the debt had been paid in full and that any listing should be removed.
That debtor took my letter to her credit provider who contacted me and claimed it was my responsibility to have the listed records updated - I explained I had no idea how or with whom the judgment had been listed as I had nothing to do with such listing. When I asked who the listing was through she said “I can’t discuss that with you” and hung up.
EnquiriesI rang my Local Court - the staff there
knew how the listing had occurred as they had recently researched this problem for another debtor, who had come to the court to complain. The NSW Attorney General’s Department on-sells the details of all judgments entered to Veda
Advantage Pty Ltd for a commercial fee.The Clerk of my Local Court advised
judgments are a matter of public record and are available to any person but when asked if I asked at the court counter for all judgments entered in say the last month and offered to pay the required fee, would the court supply me with the information, I was told “no, as the record system is indexed via plaintiff or defendant name and without that information the court has no access to just identify the judgments entered for the month”.
Being intrigued about access to such ‘public information’ I asked “what if I said, can I have a copy of any judgment entered against John Smith?” The response was I would need to show some pecuniary interest in the matter before the information would be released.
My further enquiries were directed to the NSW Attorney Generals Department, where I could lodge a complaint but despite a message left on an answering service my call has not been returned.
Next my enquiries took me Veda Advantage’s helpdesk. I was told the two instances were anomalies and would have to be looked into but that there was nothing that could be done as listings remain for 5 years. Apparently, there is no mechanism in place to notify plaintiffs that their judgments (ie. that they paid to get entered) are being used by a third party.
concernsWhilst not suggesting anything
sinister in the arrangements between Veda Advantage and the NSW Attorney General’s Department, I do have concerns about recording judgments including:
1. The effect upon the reputation of myself and my business. In a small country area like where I operate, agents need the trust of both clients and debtors to be successful. An agreement between client and debtor not to take any further action is on the understanding all actions are ceased as long as the agreement stands. It’s a bitter pill to swallow when contacted by a concerned client because he’s been abused by a debtor for listing him as a bad credit risk or an irate Debtor abusing me direct because his credit rating is affected through no fault or knowledge of myself or my client.
2. What about the privacy considerations of the plaintiffs - they don’t give permission for their judgments or names or any other information to be used by someone else for some other purpose?
3. What information is supplied (is it name & address etc.) and how is this information able to be accessed when the Local Court offices cannot access an index of ‘judgments entered’?
4. What happens if a judgment is say ‘Set Aside’ by the Court? Is this critical piece of information downloaded to Veda Advantage to correct the listing?
5. The plaintiff having in the first instance, paid to obtain the judgment by way of the issue fee for the Statement of Claim and having paid solicitors or agents and attended court if necessary, surely the ‘ownership of any judgment’ is vested in the plaintiff and defendant - on what basis does the Attorney General gain ownership of the information allowing it to derive a fee for the sale of such information to third parties?
OpinionI understand there is a need to have a
credit reference bureau listing bad debtors however the listing must be at the request of the creditor and not by some dumping of whole of court data without regard to the knowledge of the ongoing and final dealings between the particular creditor and debtor. ■
IMA member, Peter Miltenyi of Bowral Mercantile Services comments on recent interactions with debtors in respect to judgments recorded by Veda Advantage Pty Ltd.
QUESTIONING Judgments
“It’s a bitter pill to swallow when contacted by...an
irate Debtor abusing me direct because his credit rating is affected through no fault or knowledge of
myself or my client.”
AGENT 9
PROFESSIONAL DEVELOPMENT
THE credit reporting landscape for a Mercantile AgentRussell Evans, General Manager at Veda Advantage tells us all we need to know about credit data and reporting systems.
As specialists in recovering overdue debts, it’s important for mercantile
agents to understand the landscape, processes and systems of the credit reporting and debt collection world, which are being updated frequently to make life easier and more efficient for mercantile agents and Veda’s customers.
Veda Advantage operates Australia’s largest credit bureau with a wealth of business intelligence and data, with more than 14.4 million credit files held on its database of credit-active Australians, and more than 5.5 million commercial business files.
Veda Advantage understands that having accurate information about debtors is essential to an effective collections strategy. For this reason, Veda Advantage, through Veda Advantage Solutions Group, offers an online data enhancement portal called Data Express (www.dataexpress.vedaadvantage.com), where mercantile agents can cleanse, update, and enhance their debtor records. This can include:• Appendingup-to-datephonenumbers• Locatingupdatedaddresses• Correctingerrorsinexisting
addresses• Findinginformationaboutdebtor
bankruptcies, writs, or judgmentsTo access this service, mercantile
agents need only complete the free
online registration at www.dataexpress.vedaadvantage.com. They do not need to be members of the Veda credit bureau.
Consumer credit providers who are
members of the credit bureau - which include most Australian banks, finance companies, telcos, and utility companies - are permitted access to those updated debtor contact addresses that are sourced from Veda’s credit bureau database, as opposed to those sourced solely from public records. Having these updated contact details can radically improve the chances of locating, and recovering money from, a debtor. Through Data Express, credit providers can arrange to automatically pass on these contact details to the mercantile agents who are collecting on their behalf on a contingency basis. Mercantile agents that are interested in establishing this sort of arrangement should register for Data Express, and a Veda Advantage representative will contact them to help set it up.
Veda Advantage also holds information about the current and former company directorships and proprietorships that a debtor may hold.
Mercantile agents that purchase debt outright are deemed to be credit providers in their own right, and if they’re members of the credit bureau they can list and update defaults. They also have access to a wider range of data, including information about:• Creditapplications• Creditdefaults• Identitydata(eg.age,gender)Judgments are a matter of public record.
However, satisfaction of a judgment debt is often not made available publicly. A judgment debt which has been paid or settled can be updated on the credit bureau by supplying Veda with proof of payment directly. More information can be found on how to correct individual credit files at www.mycreditfile.com.au.
A judgment can also be set aside by the court. Where this is the case and Veda receives the Set Aside order, the judgment will be removed from the credit file. ■
For more information on your ability to access credit data and Veda Advantage’s products, please contact Veda Advantage at www.vedaadvantage.com or Head Office Australia on 13 31 24.
Russell Evans
“satisfaction of a judgment debt is often not made
available publicly”
AGENT10
FORUM
GE and GMAC having announced their intention to withdraw from
dealer ‘floor plan’ financing have effectively set affected car dealers a December 31 deadline to find alternative financing arrangements. Motoring industry observers see that deadline as coming at the car industry like a train.
According to The Motor Report (TMR), a website supporting Australia’s motoring industry, “at least 30 percent, and possibly as many as 40 percent of new car dealers across Australia could be affected by GE and GMAC’s decision to ‘cut and run’. Many of the affected dealers, particularly those battling slowing sales, with lower turnover volumes or who write less of the more-profitable consumer finance on the cars they sell, will find it difficult to secure the operating credit necessary in time to avoid collapse”.
TMR say floor plan finance is not a particularly attractive investment for financiers, as the margins on the credit provided to dealers are slim: sometimes as low as 1-2% above bank bill rate and that the attraction to financiers is to get access to the consumer market, that is to car buyers financing through the dealership where the margins are healthy and profitable.
It seems, alternative financiers are not racing into the market to take on the dealers previously supported by GE and GMAC. TMR reports, this situation is further compounded by fears that “Ford Credit is
examining its operation here and is also in some doubt as to its intent for its future in the Australian market”.
Some closures have begun - a trickle now according to TMR and unless new financiers step into the breach, and quickly, this trickle could become a flood. Country new car dealers, in particular, are seen as most exposed and this would have disastrous and obvious consequences in regional communities and for the employment they provide.
Collapses will also put the rest of sector under pressure, after all, what will GE and GMAC do with all the new cars they will suddenly have on their hands should large numbers of affected dealers be unsuccessful in securing new financing arrangements?
TMR points out in the normal course of events, unsold new cars repossessed from failing dealerships would be cleared through vehicle auction houses, but the sudden influx of tens of thousands of new cars in the auction market will devastate the retail sector and crucify remaining dealers.
The size of the ‘hole’ left by GE and GMAC’s departure is said to be around $2billion. TMR reports sighting documents from the Australian Automotive Dealer Association, VACC and the Federal Chamber of Automotive Industries to both GE and GMAC requesting the financiers to extend their 60 day notice period. Those same groups have reportedly also asked the Federal Treasurer, Mr Wayne Swan, to formally request GE and GMAC to provide dealers with “at least six months notice of withdrawal of finance” - refer panel story.
[Source: www.themotorreport.com.au 19 November 2008]
REFINANcING – a bumpy road?The current global finance problems are impacting directly upon the financing of car dealers with two financiers, GMAC & GE giving notice of withdrawal from motoring finance. Their departure will have repercussions on our industry too!
“The other lenders might view the withdrawals as an immediate opportunity but lets not kid ourselves, they
surely will be aware the reason for withdrawal equates
to overwhelming debt”
AGENT 11
FORUM
CAR INDUSTRY CALLS FOR HELPThe Australian Automobile Dealer Association (Vic) has called on the Federal Government for decisive leadership and action, to secure a solution to the dealer finance crisis.
The AADA is urging Prime Minister, Kevin Rudd, and Treasurer, Wayne Swan, to realise the gravity of the situation and the potential for large scale job losses should a solution not be found.
“The time has come for a decisive lead from the Federal Government on this crisis,” said VACC Executive Director, David Purchase.
The AADA is proposing a measured response, asking the government to pressure the credit providers to extend their 60 day deadline, and look to develop (in consultation with financiers and dealers) new ways of financing the industry, such as:
• Couldnewfinancebefast-tracked?
• Canmorecreditcompanies,banksandfinancialinstitutionsbeenticedtobranchintofloorplanfinance?
• Canexistingcontractsberenegotiated?
• CanGEandGMACbeprevailedupontoextendtheDecember31deadline?
• Caninterestpaymentsbesuspended?
“We need a solution, and we need it quickly. For that we may need the intervention of Government,” Mr Purchase said.
[Source: www.vacc.com.au 24 November 2008]
The AGENT spoke to Ian Mitchell, the IMA’s Repossessions Sector
Chairman to gather his thoughts on what those potential ramifications might be. “In the short term, I expect there should be increased agent instructions from the departing financiers as they clean up their books but longer term (say in 2 - 4 years) agent instructions are likely to reduce dramatically in line with tightened lending criteria by remaining financiers” comments Mitchell.
Car dealers are already reporting
it is harder to set finance for purchasers,
with financiers focussed on quality business and
shying away from marginal credit risks. Mitchell believes
it follows that within 2 years the loan books will be cleaner and so
agent instructions will more relate to marital/domestic breakups and
business collapses rather than from marginal lending practices.In terms of opportunities, Mitchell
is expecting volumes for repossession syndicate managers to fall within 2 - 4 years and the situation for individual
agencies to depend upon location and whether there are dealers writing finance in their area. He also expects opportunity for debt purchasers as the exiting financiers wind down and look to withdraw totally by selling off their ledgers.
We also spoke to Gary Quirk, Managing Director of member Victorian Credit Bureau for his views. He agrees, “the withdrawal of GMAC and GE from the wholesale and retail auto markets will have serious repercussions on our industry”.
“The short term might be easily predicted but the longer term might be harder - given the Australian motor and related finance industries are in turmoil how do we understand and predict what the big lenders may do?” asks Quirk. He expects the major lenders (Westpac, ANZ, NAB and others) won’t want to continue the lending practices of the past 5 years and to avoid defaults, repossessions and potential losses will require sound lending practices starting in the acceptance area.
“The other lenders might view the withdrawals as an immediate opportunity but lets not kid ourselves, they surely will be aware the reason for withdrawal equates to overwhelming debt” says Quirk, adding “it would be irresponsible for any lender to fill this void and just commit resources to maintain the status quo”. Instead, he believes lenders will make ongoing credit decisions premised upon firstly their motor dealers being of impeccable character with a track record of submitting
solid applications for credit and secondly future lending being reviewed to a higher standard with any marginal acceptance practice more heavily scrutinised.
Quirk sees implications for the collections industry in the longer term include less default instructions - tighter credit will lead to less finance being written and whereas in a softer credit market instructions might routinely issue to agents at 45 - 90 days more cautious lending may see default instructions not reaching agents until possibly 180 - 270 days. He is hopeful given the size of the ledgers of GMAC & GE it will be perhaps 2 years before agents see a decreased volume of default instructions.
Acknowledging these financiers could adopt a selective approach to the issuance of default instructions to reduce potential losses, Quirk notes if both financiers, through pressure from their US origins, require immediate liquid funds then instructions are likely to issue without delay resulting in higher agent workloads in the short term.
To the longer term, Quirk speculates “manufacturers must sell cars and financiers must lend and whilst motor dealer numbers will drop, our industry has already experienced rationalisation over the past 5 years driven by financiers focussing on reducing the number of agencies, raising the level of compliance and transparency, so perhaps our road ahead won’t be so bumpy!”. ■
RAMIFICATIONS FOR COMMERCIAL AGENTS
AGENT12
FORUM
ACA argued any initiatives undertaken by CAV must be consistent with
federal initiatives to reduce the cross-jurisdictional burden impacting upon competition and business costs.
Acknowledging current Federal initiatives to harmonise consumer protection legislation, CAV’s intention to repeal outdated legislation was welcomed by ACA although any initiatives to implement a new regulatory regime at this time would be regarded as premature.
In a detailed submission (available at www.imal.com.au) ACA explained any government seeking changes to the regulatory environment must recognise the majority of our members work in multi-jurisdictions and that jurisdictional differences in regulatory regimes do not result in varying levels of professionalism amongst our members - professional standards are high, regardless of the regulator regime. ACA’s recommendations called on CAV to:• Supportthedevelopmentofa
national regulatory regime, as proposed by ACA;
• RepealthePrivateAgentsAct1966;• SupporttheASIC/ACCCDebt
Collection Guideline as the appropriate industry standard;
• RepealtheCAVdebtcollectionguideline, given it is based on the ASIC/ACCC Debt
Collection Guideline but contains inconsistencies inappropriate to cross-jurisdictional business operations;
• Amends.21oftheVictorianFairTrading Act to harmonise with the TPA s60 and ASICA s12DJ; and
• Awaittheproposedfederalconsumerprotection legislation before making any further decisions on amendments to the current FTA
In support, ACA explained how implementation of its recommendations would result in the following outcomes:• Regulatorycertaintyacross
jurisdictions;• Higherregulatorystandardsacross
jurisdictions;• Increasedconsumerbenefit;• Morecosteffectiveregulatory
regime;• Increasedcompetitionacross
jurisdictions;• Appropriatepositionspecifictraining;
and• Reducedregulatoradministrative
obligations.The IMA in its submission (also
available at www.imal.com.au) supported the recommendations made by ACA.
ACA & IMA have indicated their willingness to meet with CAV in due course to review the recommendations and observations made in their submissions. ■
Accc/ASIcACA & IMA representatives met
with representatives from ACCC & ASIC on 22 October 2008 as a follow up to earlier discussions and the ACCC/ASIC Debt Collection Forum held on 5 September 2008.
The meeting reviewed the Forum with all parties noting the issues which appeared to emerge from the interactions of stakeholders on that day.
Whilst the regulators are still working on initiatives relating to minimising the incidence of debt collection complaints, the improved spirit of cooperation and dialogue between the regulators and industry groups ensures the door is open for future initiatives to be undertaken in consultation with the industry.
“It was pleasing” notes Alan Harries, “the regulators were well aware of the perspectives held by both ACA and IMA and familiar with the material canvassed in recent editions of the AGENT”. ■
VIcTORIA considers optionsACA & IMA have provided submissions in response to Consumer Affairs Victoria (CAV) Options Paper to review the Victorian Private Agents Act 1966
AGENT 13
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A recent article in the Australian Finance Review (AFR) quoted a number of our members commenting upon the changes
to the collections marketplace and warning “the number of insolvencies was likely to surge next year as people struggled to repay debts amid job losses and the credit crunch”.
IMA National President Mike Howard explained, “There’s certainly clear evidence that there’s an upsurge in the stress levels and it’s not just with individuals, it’s also with businesses”.
According to Howard whilst consumer debt stress is increasing he expects to see the full extent in the first six months of 2009 accompanied by a significant spike in insolvency, both consumer and business.
Other observers were quoted as saying debtors are increasingly seeking to pay debts by instalments and many were defaulting on the agreed terms.
Whilst some collectors were quoted as saying the enquiry level from creditors to agencies is up, others the AGENT has spoken with since the AFC article suggest the enquiry rate which was expected following the global credit crunch is yet to significantly materialise.
IMA NSW President and Accelerated Collection Services managing director Sonia Ferlauto told the AFC her company “had experienced a 50% increase in calls” in the previous week and involving significant sized accounts.
Overall, collectors are expecting a busy 2009 with some reporting their clients are now more aggressive in seeking litigation against delinquent debtors as businesses generally respond to the changing credit environment.
But people and their priorities seemingly never change - Ferlauto speculated to the AFR with Christmas approaching, financial commitments may not hit home until the new year for many as “even though the economy is the way it is, people
will over-commit because it’s Christmas” with debtors often preferring to buy presents than reduce debts.
The AFR quoted “Insolvency and Trustee Service Australia statistics show a 12.57 per cent increase in total bankruptcy and personal insolvency activity in the September quarter of 2008, compared with the same period last year.” ■
[Source: www.afr.com 25 November 2008]
FINANcIAL stress
“people will over-commit because it’s Christmas with debtors often preferring
to buy presents than reduce debts.”
AGENT14
MEMBER INFO
WEDDING bells
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AGENT 17
PROFESSIONAL DEVELOPMENT
THREAT or Opportunity?Gerard Nelson looks at Human Resources in times of adversity.
It’s rare to be able to provide timely advice on Human Resource matters in a periodic Journal such as the AGENT, as usually
the topics chosen are general in nature and applicable to most circumstances. However, the topic of this column is applicable to the current circumstances facing Australian businesses.
It’s often said that in times of economic adversity, “some make money and others lose money but not everyone loses money”. Those who are prepared or who move quickly are usually those who make money. A similar situation can occur, in the human resources world. Employers who move quickly can enhance their human resources at a lower than usual cost.
There has been a situation in Australia for the past several years, where high-quality labour has been very much in demand and employees have been able to pick and choose their employment. Although, the statistics do not indicate it at this time, a drop in the demand for labour is inevitable as there will be some redundancies or terminations as a result of this economic downturn.
A number of opportunities for employers arise as a result of these changes to the labour market. An astute employer will take this opportunity to review their workforce and identify those employees who they consider should be retained. Those selected employees should then be locked into the business by renegotiating their contracts of employment on terms which are favourable to the employer and the employee.
It is not suggested that this renegotiation should be in any way inequitable, rather the negotiations should ensure that both parties are happy with the terms and conditions of employment.
‘Happy’ is the operative word - in the recent past, employees have often been very happy about their employment arrangements, whilst employers have been less than happy about those arrangements. However, the very happy/unhappy balance has been necessary to retain those employees.
It is unlikely that in these uncertain times, any employee would refuse the prospect of permanent employment if the renegotiation is fair and equitable to both parties. It is not recommended that employers become too heavy-handed as most employees have long memories.
Now is also a good time to be looking at moving contractors who are really employees on to more appropriate employment arrangements.
Another area of possible advantage in these times for employers is the recruitment of good employees who are either retrenched or who are seeking employment where the prospect of permanency is greater than it is with their current employer. Employers should be looking for good employees who would complement their existing workforce. Once those good employees have been identified the proactive employer should contact them to establish if they are interested in moving.
Another area of opportunity for the astute employer is to use the current economic situation to trim the size of the workforce. Employers in good times will always employ more employees than are required to do the work. A good rule of thumb is that most businesses have between 10% to 15% more employees than required. Employers are often reluctant to make drastic cuts to the size of the workforce, however, once the cuts have been made, employers are often surprised at how little the loss of those staff has affected the overall productivity of the business!
It is not only large businesses who should go through this process, small businesses can benefit equally by reviewing the size and composition of their workforce.
One impediment to trimming one’s workforce is the cost of making redundancy payments and the payment of entitlements such as annual leave and long service leave. There is not much that can be done about redundancy payments, however, employers should reduce their exposure to large payments for annual leave, which is not been taken by the employees. This reduction can be achieved through policies relating to the accumulation of annual leave.
Please feel free to contact me if you would like to discuss these matters. ■Gerard Nelson of Parke Nelson Pty Ltd, HR & IR Consultants, Lvl 1, 370 St Kilda Rd, Melbourne 3004, [email protected]
“once the cuts have been made, employers are often surprised at how little the loss has affected the overall
productivity of the business”
Gerard Nelson
AGENT18
NEWS
On 11 August 2008, the Special Minister of State and the Attorney-
General launched the Australian Law Reform Commission report into the Privacy Act 1988 (the Privacy Act) entitled For Your Information: Privacy Law and Practice. A copy of the report is available at: http://www.austlii.edu.au/au/other/alrc/publications/reports/108/
Due to the large number of recommendations, the report will be considered in two stages. The first considers recommendations on priority
issues central to any restructure of the Act. This will involve consideration of those recommendations concerning the unified privacy principles, reforming health information and credit reporting provisions and ensuring that the Act effectively regulates new and emerging technologies – it is anticipated the response to the first stage will be finalised and legislative amendments introduced within 12 to 18 months.
The Department of the Prime Minister and Cabinet has invited the IMA & ACA
and other stakeholders to a meeting in Canberra on 10 December to consider the recommended Unified Privacy Principles (Part D of the Report).
Consultation regarding the UPPs has been broken up along rough industry lines so that consultations can be undertaken as practicably as possible. The meeting is expected to cover the key issues associated with the report, as well as providing an opportunity for industry specific concerns to be discussed. ■
PRIVAcY updateIndustry consultations underway
REcO NEXUS launchedFCS OnLine announces a new service for the industry
IMA & AcA go to canberra
In an environment where there is always considerable comment about access to,
and use of, telecommunications databases, The AGENT spoke with Tony Fitzgibbon, Managing Director of FCS OnLine, arguably Australia’s leading identity verification services provider about its latest service:
Fitzgibbon explained FCS OnLine continues to hold a license for use of the Integrated Public Number Database (IPND) but there are restrictions on the extent to which the IPND can be used - specifically the Telecommunications Act prohibits the transfer of more than twenty numbers from a public number directory in a single action and so the IPND is unable to be used for tele-append in any
significant quantity.“Recognising the challenge this would
present for many organisations and to ensure we could provide a guaranteed and uninterrupted supply of telephone numbers to our customers, FCS OnLine has created an integrated solution in a unique partnership with Sensis®, known as “Reco Nexus” says Fitzgibbon.
The Reco Nexus product available to FCS OnLine customers twenty-four hours a day, seven days a week, appends a telephone number provided by the Sensis® White Pages® Telephone Directory, to customer data that has first been cleansed against FCS OnLine’s proprietary database.
The cleansing of data prior to the
tele-append and the accuracy derived from an automated system, according to Fitzgibbon, reflects FCS OnLine’s commitment to the most accurate match rates in the industry.
“FCS OnLine was the first company in our industry to have an integrated solution with Sensis and we can proudly boast our relationship with Sensis® extends over our whole range of products giving us a pre eminent position in the industry for verification and tele-append” says Fitzgibbon.
Enquiries about the licensing conditions guiding the identity verification services industry can be directed to FCS OnLine by phone on 02 8912 1030 or at their website www.fcsonline.com.au. ■
AGENT 19
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US regulator, the Federal Trades Commission has achieved its largest civil penalty in a debt collection case after Academy
Collection Service, Inc. and its owner, Keith Dickstein agreed to pay US$2.25 million to settle FTC charges that Academy and its collectors misled, threatened, and harassed consumers; disclosed their debts to third parties; and deposited post-dated cheques early, in violation of federal law.
“These defendants are responsible for their debt collectors’ abusive practices,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection. “They ignored people’s complaints and rewarded the collectors who broke the law. This is not a business model that we tolerate.”
According to a complaint filed by the Department of Justice on the FTC’s behalf, Academy collectors violated the FTC Act and the Fair Debt Collection Practices Act (FDCPA) while collecting debts, and Dickstein failed to stop the violations. The individual defendants allegedly participated in, or had the authority to control, Academy’s practices. Academy’s collectors allegedly engaged in false or deceptive threats of garnishment, arrest, and legal action; communication with third parties about consumers’ debts; and calls to consumers at their workplace when the employer prohibits such calls. Other practices included frequent, harassing, threatening, and abusive calls; unfair and unauthorised withdrawals from consumers’ bank accounts; and early deposit of post-dated cheques consumers submitted for debt payment.
It seems the penalty was somewhat inevitable after more than 1,000 complaints against the company were filed with the FTC, various state attorneys general, the Nevada and Pennsylvania Better Business Bureaus, and the company itself. The FTC alleges that, without sufficient investigation, the defendants dismissed consumer complaints or did not properly discipline collectors, and that collectors terminated for FDCPA violations often returned to work within a few weeks or months.
Under the settlement, Academy and Dickstein will pay a US$2.25 million civil penalty. The consent decree bars them from misrepresenting to consumers that non-payment of a debt will result in the garnishment of wages, seizure or attachment of property, or lawsuits; or misrepresenting that Academy representatives are attorneys. The settling defendants are also prohibited from improperly communicating with third parties about a debt; using false, deceptive, or misleading representations in debt collection efforts; communicating with a consumer at any unusual time or place, including the workplace; or harassing, oppressing, or abusing any person in connection with debt collection; making any withdrawals from consumers’ bank accounts without obtaining the consumers’ express informed consent; and depositing or threatening to deposit any post-dated cheque or other post-dated payment instrument prior to the date on the cheque or instrument. ■[Source: www.7thspace.com 21 November 2008]
BIG HIT by Regulator
AGENT20
PRESIDENT’S REPORT
Michael Howard
It is simply amazing how quickly the festive season comes around. Each year,
it appears that the days and months come even quicker than the last - perhaps we are all just getting a touch older, perhaps even wiser!
With the last month of the calendar year already in full swing, many of our members, along with their clients will be thinking about family, friends and a few weeks off to recoup the senses and recharge the batteries. This is a good time to clean up all those administrative loose ends, clear the decks for a busy 2009 and set some goals to ensure that you come out stronger in what will be a challenging year indeed.
2008 has been jam packed with legislative and compliance based issues that your industry has met head on with the help of some very dedicated and committed members of your Institute. It is the belief of the board, that 2009 will be no different, as the issues faced over the course of this year will continue to require clear thought and innovative responses.
A broad willingness to respond to issues in a positive manner to ensure that our industry moves forward was a keystone of your board’s activity in 2008. This was clearly demonstrated during the discussions and communications with ASIC/ACCC as we worked though the debtor contact and harassment issues. All parties are very pleased with the improved understanding and renewed enthusiasm between the industry and its regulators and we look forward to even greater successes in the years to come.
I see the harmonisation of licensing as the next biggest challenge for your industry and your board is committed to working with each of the existing jurisdictions to seek a fast track towards taking the steps necessary to promote this
important issue. Each of the licensing bodies appear very willing to discuss this matter and as we are all aware, a number are actively reviewing their legislation. For those of us who have been around for some time, it could be said that we ‘have been there before’.
However, I sense a very real opportunity to make tremendous headway and so each and every Division needs to step up to the plate and ensure that we are talking to the public servants and their political masters to keep the matter in focus. We need to understand, that separately, we are not high in the pecking order for legislative change and it would be very easy indeed for the powers-that-be to move on to more pressing matters. Collectively however, we are a strong and vibrant industry, we employ many thousands of workers and we make a difference.
So, I urge you all to keep the faith, stand together, talk to your local representative and make sure that you are heard. If we all take up this opportunity and work together, we will indeed help to develop a national licensing regime where the boundaries of state and territory will no longer be an impediment to do business in an age where technology has travelled well past the existing licensing headlocks that require immediate change.
Along with members of the board, during November, I attended the Western Australian Divisional meeting in Perth. It
was good to catch up with old friends again and it is clear that to meet as a group a few times per year is an important function of membership of the IMA. Certainly it is true that the larger issues are now dealt with professionally by your National Office through Alan Harries and his team. It is also clear that this approach has borne fruit as our responses to government and lobbying has been a continued success.
It is also equally important for the local members of a division to continue the regional work that for many years fell solely on their shoulders. This was evident in our meetings with the DOCEP in Perth and it confirms the impact that they can and do have. By working together, we can achieve much more and the WA Division is a testament to that.
Xmas is often a time when local Divisions come together and catch up - perhaps more socially than for business, however, the important factor is the actual camaraderie as a group of committed individuals. I urge all members to take advantage of such gatherings and also to attend the AGM’s that will be coming round very soon in February. Mark the dates on your calendar and make it a New Year commitment to be involved in 2009 and take full advantage of your membership.
In closing, may I wish you all the compliments of the season, keep safe and rest up - 2009 will be great for those who are prepared.
Regards
Mike Howard
IMA President Mike Howard comments on the change around us and the need for a united voice.
MAKE sure you are heard!
“help to develop a national licensing regime where the boundaries of state and territory will no longer be an impediment
to do business”
AGENT 21
Heading to the narrow end of each year there always seems to be much more
to do than time permits and this is no less so in 2008:
SubmissionsFollowing on from the work in other
jurisdictions, ACA and IMA have both lodged submissions to Consumer Affairs Victoria in response to its Options Paper for review of the Victorian Private Agents Act, 1966. My thanks to the members who completed the recent online survey collecting views on the various options. The submissions lodged encourage Consumer Affairs Victoria to be mindful of the extensive work underway in respect to national harmonisation of licensing for the industry. We now await with interest the outcome of this Review as well as progress in NSW in respect to the CAPI Review.
Consultation on proposed changes to Australia’s Privacy Laws commences with stakeholders including the IMA and ACA in Canberra in December 2008 - no doubt we will see the need for further submissions on this important aspect affecting the work of our industry throughout 2009 and 2010.
complianceOur industry tale this month (page 7)
aptly illustrates just how far the industry has changed over the last 10 to 15 years in terms of allowable agent behaviour. It’s reasonable to anticipate compliance obligations will be driven further by tightening economic circumstances with politicians called upon to act to protect consumers in the face of debt enforcement - such moves are currently underway in the US and the UK following unprecedented levels of house evictions.
Australia’s regulators are already determined to protect the interests of
consumers but based on the discussions stemming from the ACCC/ASIC Collections Forum in September, I expect in 2009 we will see further initiatives affecting our compliance and operating environments.
Sage advice to members is to heed the ACCC/ASIC Joint Guidelines in their operations to avoid the experience of the type of regulator action recently seen in the US (see article page 19).
e-AGENTAs announced in this edition, the
AGENT will soon have a related version, known as e-AGENT, allowing a much wider circulation as we seek to communicate the needs and views of our sectors further afield. This initiative is viewed by the National Board as being an important and vital step towards protecting the best interests of our industry.
National conferencePlanning is under way for the 2009
FCS Online IMA National Conference which will be held at the Crowne Plaza Melbourne from 14 to 16 May 2009. The conference theme will be Compliance, picking up emerging issues affecting the industry - the event will also see an increased focus on sector specific sessions. Mark your diary to include this important event in your 2009 calendar.
Annual General MeetingsIt is appropriate to draw members’
attention to the accompanying listing of the annual general meetings for the Divisions in February 2009. Nominations in writing for election to the Executive of your Division must be received by the Returning Officer at the National Office no later than 60 days before the annual general meeting of your Division.
Similarly, any member wishing to nominate to the National Board or as a Sector Chairperson must ensure the nomination in writing is received by the Returning Officer at the National Office no later than 60 days before the annual general meeting on 15 May 2009.
The team at the National Office extends their best wishes to all for a safe and happy Christmas and prosperous New Year.
Regards
Alan
EXECUTIVE REPORT
Alan Harries
WRAPPING up!Executive Director, Alan Harries provides an end of year update.
DIVISION AGMsDIVISION DATE
NSW Division Tuesday, 24 February 2009
QLD Division Tuesday, 3 February 2009
SA Division Thursday, 5 February 2009
VIC Division Wednesday, 4 February 2009
WA Division Wednesday, 11 February 2009
NATIONAL Friday, 15 May 2009
Nominations to the Executive of a Division or Branch and to the National Board must be in writing and received by the Returning Officer at the National Office no later than 60 days before the date of the respective AGM.
AGENT22
IMA NETWORK
IMA NATIONAL OFFIcE47 Newcomen StreetNewcastle NSW 2300PO Box 475 Newcastle NSW 2300DX 7851 Newcastle NSWPh: (02) 4927 0477Fax: (02) 4927 [email protected] www.imal.com.au
NATIONAL BOARDNational President Mike HowardPh: (07) 3340 9440Fax: (07) 3340 [email protected]
National VP Administration Ian MitchellPh: (08) 9409 4088Fax: (08) 9409 [email protected]
National VP Finance Basil FaulknerPh: (08) 9325 3855Fax: (08) 9325 [email protected]
Immediate Past National President David cainsPh: (02) 9472 7400Fax: (02) 9482 [email protected]
Executive Director Alan HarriesPh: (02) 4927 0477Fax: (02) 4927 [email protected]
EXEcUTIVE cOUNcIL Comprises the National Board, President of each Division and Directors Emeritus.
SA Division South Australian President Andrew SmithPh: (08) 8244 1922Fax: (08) 8244 [email protected]
South Australian Vice President Joe O’callaghanPh:(08) 8215 4777Fax (08) 8232 [email protected]
South Australian Secretary Simon WhitelyPh:(08) 8418 1400Fax (08) 8223 [email protected]
Victoria DivisionVictorian President Jim ParkePh: 1300 033 333Fax: 1300 033 [email protected]
Victorian Vice President David JohnsonPh: (03) 5447 3600Fax: (03) 5447 [email protected]
Victorian Secretary Gary QuirkPh: (03) 9686 2688Fax: (03) 9686 [email protected]
WA DivisionWestern Australian President John WrefordPh: (08) 9381 4900Fax: (08) 9471 [email protected]
Western Australian Vice President Basil FaulknerPh: (08) 9325 3855Fax: (08) 9325 [email protected]
Western Australian Secretary Mick LeedhamPh: (08) 9459 0888Fax: (08) 9493 [email protected]
AcT BranchAcT Liaison Nigel GregoryPh: (02) 6255 4419Fax: (02) 6255 [email protected]
NSW DivisionNSW President Sonia FerlautoPh: (02) 9790 6877Fax: (02) 9790 [email protected]
NSW Vice President Rachel FischerPh: (02) 9488 8597Fax: (02) 9988 [email protected]
NSW Secretary Katrina GoncalvesPh: (02) 8912 1016Fax: (02) 8912 [email protected]
NSW Treasurer Marea SmithPh: (02) 4342 4364Fax: (02) 4341 [email protected]
NT BranchNorthern Territory Liaison Grant JonssonPh: 08 8947 1078Fax: 08 8947 [email protected]
Queensland DivisionQueensland President Nick WrightPh: (07) 3210 5005Fax: (07) 3229 [email protected]
Queensland Vice President Liat WalkerPh: (07) 3034 8900Fax: (07) 3034 [email protected]
Queensland Secretary Peter HarkinPh: (07) 3210 5000Fax: (07) 3229 [email protected]
Queensland Treasurer John SweeneyPh: (07) 5546 2476Fax: (07) 5546 [email protected]
2008 EXEcUTIVE
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