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Essential reading for those involved with

Collections, Investigations, Process Serving and Repossessions in Australia www.imal.com.au

AGENTFebruary/March 2014 | Volume 47 Issue 1

Phone: 07 5630 6517

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www.imal.com.au | Feb/Mar 2014 | AGENT | 3

RESPECTCONTENTS

AGENTFebruary/March 2014 | Volume 47 Issue 1

20

17

9

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.

ON THE COVER

Last post? 17

MEDIA & NEWS 4

FEATURE

Last post? 17

FORUM

Have some respect 9

MEMBER INFO

IMA 2014 National Conference 10

Voting online 22

PROFESSIONAL DEVELOPMENT

Risk avoidance 12

Reclaiming your day 14

Cutting corners 20

INSTITUTE

From the President: Alex Caruana 24

From the CEO: Alan Harries 25

The AGENT also appears online at www.imal.com.au. While essentially the same content, the online version will include any updated information at the date of posting.

AGENTFebruary/March 14 Volume 47 Issue 1AGENT is the official bi-monthly journal of the Institute of Mercantile Agents Ltd.17B Denney St Broadmeadow, NSW [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 Agents17B Denney StreetBroadmeadow, NSW 2292Phone (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 233, Waratah NSW 2298Advertising EnquiriesPhone (02) 4927 0477 Fax (02) 4927 [email protected]

4 | AGENT | Feb/Mar 2014 | www.imal.com.au

MEDIA & NEWS

One night in early August 2013, Maurice Owens was riding in an elevator at the Potomac Avenue Metro station in

Washington DC when, he says, he slipped on a banana peel as he was getting off, injuring his hip and leg. He sued the transit agency for $15,000 - in part to cover $4,500 in chiropractor bills.

The outcome for Owens though was not as expected as the actual incident was caught on tape and revealed entirely different facts. Whilst his claim was rejected, Owens, 42, was charged with second-degree fraud, a felony.

The 90 second video recorded by digital surveillance revealed Owens entering an empty elevator at the station. He is observed pacing around a bit, glancing up into the elevator’s camera. There are views of more pacing and a total of at least 3 instances of him looking directly into the camera. As the video comes to an end and the elevator doors open, Owens is seen flipping something onto the floor behind him. Dramatically, Owens then falls to the ground such that half his body is inside the elevator and half outside.

A Metro Transit Police report details the object flipped by Owens was “a banana peel”. Owens reported his injuries to the station manager, Metro Transit Police was called and he was taken to hospital for treatment. Some 2 weeks later, he lodged his claim.

The video revealed that just before Owens entered the elevator, there was nothing on the floor. Owens appears with what looks to be a banana peel in his hand, looking in the direction of the camera. An object is then seen on the ground and when the elevator doors open Owen steps on the object, thrusts forward and falls out of the elevator.

When interviewed by Metro officials after the alleged fall, Owens repeatedly asked why cleaning staff hadn’t cleaned up the banana peel prior to his entering the elevator.

Metro presented its case to the U.S. attorney’s office leading to a warrant being issued accusing Owens of fraud and he was arrested.

[Source: www.washingtonpost.com - 27 November 2013]

CLAIM peeled back PHISHER nets the cashAccording to a media report, online scammers were effective

in convincing a bank employee at St George to transfer $30,000 from a small business owner’s account using just a simple three line email.

The fake email purported to come from baker Gena Karpf and initially asked for $35,500 to be transferred from her St George account on the basis “a family member died and I am presently out of town for the funeral so I am very busy today”.

The scammer sent the email using Ms Karpf ’s proper email address and signature to a staff member at her Top Ryde branch on 25 November 2013.

The St George staffer responded that the bank could only transfer a maximum of $30,000 from her account and then proceeded to transfer the money to the account of the unknown fraudsters.

Ms Karpf, 50 noticing the money was missing on 27 November contacted the bank. St George investigated the incident, noted a “breach of procedure” resulted in the transfer occurring and sincerely apologised, returning the money to her account - the police are further investigating.

The transfer occurred despite Ms Karpf having flagged to her bank a warning after her bank book and credit cards were stolen from her Sweetness The Patisserie business in Epping in September. Whilst accepting the bank employee made a mistake and there was nothing malicious involved, Ms Karpf noted that as everything about the email screamed a warning, a simple telephone call would have stopped the transfer from occurring.

ACCC say Ms Karpf fell victim to a scam called “spear phishing” part of the rapidly growing cyber crime in Australia. ACCC’s Michael Schaper said “spear phishing” scams specifically targeted small businesses.

[Source: www.dailytelegraph.com.au - 8 December 2013]

55www.imal.com.au | Feb/Mar 2014 | AGENT |

MEDIA & NEWS

AAC PROCESS SERVERSAND INVESTIGATIONS

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Email: [email protected]

The IMA notes with regret the recent sad passing of Henry Hooft. Henry was well known to mercantile agents in Western Australia not only as a process server and for many years as one of the best performing bailiffs but also as a very good agent.

Prior to joining our industry in 2003, Henry had a 40 year distinguished career with WA Police which he joined as a cadet in 1965, graduating the Police Academy at age 20 years.

His police career spanned many areas from initially walking the beat in Perth, to a transfer to Mount Magnet before a return several years later to Perth to join CIB. As a detective, Henry had stints at Rockingham and Fremantle working with the stock stealing squad, then the motor squad and ultimately major crimes. He worked on numerous high profile cases including the Mickelburg case and the Greenough Murders near Geraldton.

Henry returned to country work as Officer-in-Charge at Newman and Derby before moving to Busselton in 1999 as Officer-in-Charge. It was during his country duties that Henry was involved in the duties of the bailiff. In 2003 whilst stationed at Busselton, Henry was asked more and more to serve non bailiff documents and thus Busselton Process Servers and Investigations was established.

Upon retiring from the Police in 2005, Henry was approached by the WA Sheriff to conduct bailiff duties out of Bunbury, covering the South West region of WA. By 2009, increasing workloads led to his son Kim joining Henry in the business.

Henry retired in August 2013 following the diagnosis of Stage 4 Melanoma and passed away on 20 December 2013. Henry will be missed by many IMA members who will remember him as a good agent and a true gentleman.

Our sincere sympathies are extended to Henry’s family and particularly to Kim, who assisted with the information for this item and continues to operate Busselton Process Servers and Investigations.

VALE: Henry Hooft(24/02/49 - 20/12/13)

Recent ASIC action against a new entrant to debt buying provides a warning to others entering this market to attend to

compliance obligations.ASIC has accepted an enforceable undertaking (EU) from

Tru Blu Collections Services Pty Ltd (Tru Blu) for engaging in unlicensed credit activity. On 23 October 2012 Tru Blu purchased a loan book from a group of companies providing short-term loans to borrowers - Tru Blu subsequently collected money payable on those loans but didn’t hold an Australian credit licence at the time. As the purchaser, the rights and obligations of the credit contracts were assigned to Tru Blu as a credit provider, thereby requiring Tru Blu to hold a credit licence.

Tru Blu in the EU have agreed to:- cease any credit activity other than the continued receipt of

established periodic payments by way of direct transfers- require that its directors and staff complete training to

ensure future compliance with the NCCP Act- when seeking to recover a fee or charge payable on early

termination or repayment of a credit contract, the amount must not exceed the amount of Tru Blu’s loss arising from the early termination or repayment; and

- engage an independent consultant to review Tru Blu’s compliance with the credit legislation and any credit licence conditions - the consultant is to report the outcome of its reviews regularly to ASIC for the next two years.

Tru Blu has since applied for a credit licence.[Source: ASIC Media Release - 9 January 2014]

TRU Blu gives EU


MEDIA & NEWS

In Connecticut, a former Collection Manager with a bank recently admitted receiving kickbacks from a collection agency, pleading guilty before a Federal

US Judge to charges relating to a scheme to defraud lenders, investors and clients. He pleaded guilty to one count of conspiracy to accept money as a reward in connection with a business transaction of a bank.

According to Deirdre M. Daly, US Attorney for the District of Connecticut Michael Gesimondo, 57, of Farmingdale received kickbacks while he was an executive at Washington Mutual Bank.

Court documents and statements made in court detail that executives of Oxford Collection Agency, a private financial services company engaged in accounts receivables management with offices in New York, Pennsylvania and Florida, between 2007 and 2011 engaged in a multi-year scheme to defraud its lender, investors and clients. The investigation revealed Oxford Collection Agency was actively involved in bribing bank officials.

Gesimondo as Collection Manager of Business Banking was in charge of outsourcing collection accounts to collection agencies. Washington Mutual Bank contracted with the Oxford Collection Agency to collect debts owed to it by consumers. Between May 2008 and May 2009, Gesimondo received kickbacks as a reward for providing Oxford Collection Agency with the bank’s debt collection business - he was often provided with a percentage of the collected debt amount.

Sentencing is scheduled for April 2014 with Gesimondo facing a maximum term of five years in federal prison.

An ongoing investigation is being conducted by the Internal Revenue Service, the FBI and other federal agencies. Seven other individuals have reportedly been convicted as a result of this investigation and prosecution of criminal activity arising from Oxford Collection Agency and the debt collection industry.

[Source: www.creditandcollectionnews.com - 13 January 2014]

PAYBACK for kickbacks

CREDITSMART launchedThe Australian Retail Credit Association (ARCA) has launched a new straight-talking website CreditSmart.org.au providing a range

of tools and tips to help educate consumers about the basics of credit reports and how they can proactively manage their credit history.

In March 2014, reforms to Australia’s Privacy Act will see extensive changes in the credit reporting system including the introduction of the Credit Reporting Privacy Code. The reforms will:

• Provide a clearer picture of a consumer’s ability to repay debts, which may enable providers to make more accurate and better informed lending decisions

• Enable better matching of consumer credit needs, which may reduce the risk that consumers commit to repay more credit than they can afford

• Give fairer access to credit and provide increased consumer protectionThe launch of CreditSmart.org.au is the first step in ARCA’s consumer education campaign, aimed at helping all Australians take

more control over their credit reports by providing unbiased and fair information.“It is important consumers are aware of these changes as they will affect what is in their credit report and what information can be

accessed by credit providers. Together with many of Australia’s largest financial institutions and credit reporting bodies, we’ve built CreditSmart.org.au to help improve consumer understanding of these changes”, ARCA CEO Damian Paull said.

Credit reports are routinely requested by organisations when consumers apply for loans, mortgages, credit cards or even a mobile phone plan. Credit reports historically only featured negative information about an individual’s credit history, such as defaults, but this will start to change from March 2014 when some credit providers who choose to participate in comprehensive credit reporting will also be able to share and access additional information such as repayment history behaviour.

According to independent research commissioned by ARCA, 59% of consumers have not heard of credit reporting. Those who had heard of it predominantly associated it around ‘negative’ aspects of their credit worthiness.

“While the launch of CreditSmart is an important step towards improving consumer understanding of these changes, the fact is most consumers don’t understand what their credit report is for and how they can use it to their advantage when using credit in a sensible way. We want to empower Australian consumers to take control of their credit report to assist them to better manage their financial position”, Mr Paull concluded.

SMART lawLegislators in Australia should take note of

the very sensible and practical law passed in Michigan which took effect in late 2013, such that process servers are exempt from trespassing laws - in Michigan people can no longer use trespassing laws to avoid being served court papers at their doors.

US State Senator Rick Jones introduced the legislation and says “the law aims to increase safety for process servers”.

Jones explains that people sometimes respond to the server with threats of violence, including brandishing firearms but if the process server called the police, little could be done because the individual being served would claim trespass by “pointing at a little sign and saying, ‘it says no trespassing. Therefore I have the right to do this’.”

The new law according to Jones makes it clear that process servers are not trespassers when performing their duty of trying to serve documents. “They have the right to go from the street to the front door and back to the street, and they are not violating any trespassing law. So if somebody acts in a violent manner, they will be violating the law,” he said.[Source: www.michiganradio.com - 9 January 2014]

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MEDIA & NEWS

The above question was raised in a hearing in the US recently as a

former private investigator sought to defend charges of bribing and tampering with key witnesses in a murder case.

Gerald O’Donnell, 69 worked as a private investigator for years on a case to free two men (Ronald Taylor and George Gould) who had claimed they were wrongly convicted of a 1993 New Haven murder. O’Donnell was a very experienced investigator, firstly as a police officer, then as an inspector with the New Haven state’s attorney’s office and as a PI.

Rockville Superior Court Judge James T. Graham detailed a jury found O’Donnell crossed the line whilst undertaking his work in relation to Taylor and Gould.

The prosecution convinced a jury that O’Donnell had given gifts to a key witness in Taylor and Gould’s trial - that witness was Doreen Stiles, who was described as a former drug addict and prostitute and who at a habeas corpus hearing for the two convicted men (a legal action seeking relief from unlawful imprisonment) recanted her earlier evidence from the original trial, contending she had not seen the two men on the day of the murder on 4 July 1993.

Following Stiles’ new evidence, the two men were briefly freed from prison until the judge’s decision was reversed on appeal. Gould went back to gaol. Taylor, who was terminally ill with cancer, was allowed to remain in his home and passed

away in October 2011.Judge Graham noted Stiles had originally

informed New Haven Police she saw Gould and Taylor leave a New Haven bodega after its owner was murdered. She told this same version during a preliminary hearing and again to a jury in 1995 when the 2 men were convicted.

He further noted O’Donnell whilst working for lawyers for the 2 men who were seeking to have their convictions overturned, located Stiles in 2006 and began talking to her about the old case. O’Donnell told Stiles he didn’t think she was at the crime scene and did not see Taylor or Gould. Over the next few years, O’Donnell gave Stiles gifts of cash, a TV, food and paid her rent for 2 months.

The Judge further summarised O’Donnell in the prolonged relationship with Stiles “held out the prospect … she would receive … some portion of any proceeds Mr Taylor and Mr Gould would recover” with a claim for wrongful incarceration - after the 2 men were released, their lawyers filed a US$22 million claim with the state. It was implicit that a claim would only arise if the men were successful in their habeas corpus hearing and such success would need Stiles to change her story.

Judge Graham asserted this was damaging to the cause of justice and despite O’Donnell’s long public service as a police officer and state attorney’s investigator, such experience and

background was essentially a “double edged sword” as he should have known the boundaries. He concluded O’Donnell’s crimes struck at the “heart of the judicial process” as witnesses are key in most trials and tampering with and bribing a witness is so damaging to that process.

Norm Pattis the defence attorney representing O’Donnell argued the prosecution case “had sent a chill through the criminal defence bar as people are concerned talking to potential witnesses could be construed as tampering” however Judge Graham rejected this, noting O’Donnell’s conduct was not comparable to having a conversation with a witness.

In seeking leniency in sentencing, Pattis noted “If he is guilty of a crime ... it is for caring too much” - O’Donnell told the judge “I’m sorry for what I’ve done. I didn’t do it to change anyone’s testimony. I try to do the best I can. I’m very sorry.”

The prosecution argued for a prison term of 7 years contending “O’Donnell cheated - he put his thumb on the scales of justice. He crossed a line, and that’s not acceptable”. The defence argued prison would be unreasonably harsh given O’Donnell was a former police officer and suffering from prostrate cancer.

O’Donnell was sentenced to 4 years in prison - after posting bail, he remains free with his lawyer stating his conviction will be appealed.

[Source: The Hartford Courant - 15 January, 2014]

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9

FORUM

Recently in a discussion with colleagues around a table of knowledge, the issue of the way we communicate was

discussed. We got talking about the way we sometimes interpret an email communication and whether or not the sender understood his or her message was offensive and aggressive.

This discussion caused me to reflect that long gone are the days of picking up the plastic device sitting to the right or left of our workstation which we previously used to speak to each other before we increasingly opted to send an email to communicate.

Realistically, there are a number of good reasons to use an email over a telephone call to deal with a lot of issues. Apart from the obvious which is we are all time starved and don’t really have enough time to deal with every issue over the phone, using an email is an efficient and effective way to communicate. An email leaves no room for error in respect to detailing instructions and of course it provides us with evidence of a communication made.

That aside, what is really of concern to me is the misuse or abuse of an email. You could say such misuse and abuse is a form of professional bullying which I think is having a major impact upon our industry in respect to how we treat each other.

When you look at the ACCC/ASIC Guideline for Debt Collection, there is an abundance of information provided to us to help us understand how to behave when dealing with debtors. Perhaps it’s time we had our own industry standard on how to behave to each other when using an email – this could be tacked onto our best business practice guides.

In the main most of the emails I receive in my business are professional, irrespective of the issue to hand, however

there are some clients who happen to also be agents like us, who in my personal opinion seem to think that because we are agents, it gives them the green light to send an email that is not professional. Interestingly, it is my experience that most of the people who send out such disrespectful emails aren’t the actual business owners but are more likely to be individual staff members who as a matter of routine have adopted the unfortunate practice of treating other agents with disrespect.

As a consequence of a spate of emails following such a theme I have personally put in place a procedure within my business to protect my staff from such bullying practices. What is the procedure? Any inappropriate email received is sent a response to the following effect:

“The contents of your email were not professional or appropriate therefore no action will be taken. Please re-send your email in a professional and appropriate manner and we will respond to the same in due course.”

I appreciate this might be an unusual response but what I am intending to demonstrate to the sender is that his/her attitude and behaviour is inappropriate and will not be tolerated when communicating with our business. In effect, I’m telling the bully to stop and that as an employer we are protecting the welfare of our staff.

When you think about it, we need to fall back to the word we are asked to think about when dealing with debtors and the overall theme of the ACCC/ASIC Guideline for Debt Collections, which is treat people with “respect”.

Undoubtedly each of us know what is right and what is wrong but I wonder whether we as business owners and

managers actually know what our respective staff send out as messages to our agents

and perhaps clients. From what comes through my inbox, I can tell you

there are some business owners including members of the IMA

who would be horrified if they knew the content of some

of the emails their staff send to other members of the IMA let alone to the broader community!

So before you hit the send button on your next email, ask yourself this simple but reasonable question: Is this an email I would like

to receive?If you have an issue with

one of your agents, you could even try the old fashioned

method of picking up the phone and speaking with someone. ■

Alex Caruana is a director of Express Mercantile at Parramatta and the IMA’s

National President.

HAVE some respect

RESPECT


by Alex Caruana

2014 PICKLES AUCTIONS IMA NATIONAL CONFERENCE

Thursday 22 to Saturday 24 May 2014Hyatt Hotel, Canberra

Thanks to our sponsors

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MEMBER INFO

| AGENT | Feb/Mar 2014 | www.imal.com.au10

11

The 2014 Pickles Auctions IMA National Conference is at the Hyatt Canberra from Thursday 22 to Saturday 24 May 2014.

Sponsors and exhibitors are locked in and planning their involvement and National President Alex Caruana will again lead the 2014 event as Conference MC.

Whether collections, investigations, process serving or repossessions are your thing, the 2014 National Conference’s exciting and full program provides something for every member:

Fantastic Networking OpportunitiesThe conference kicks off with the Welcome Cocktail Party on Thursday evening at the Australian War Memorial - a chance to catch up with old acquaintances and to meet new friends.

Throughout the conference days, there will be coffee and meal breaks to continue to meet and mingle with delegates to build both work and social relationships. On Saturday evening, the event will conclude with the popular Parmia Insurance Conference Dinner.

Outstanding, relevant, lively & informative industry sessions BEST PRACTICE GUIDE – PROCESS SERVINGAn expert panel of practitioners will workshop with members elements of the draft guide.

COST EFFECTIVELY SAFEGUARDING DATA & MEETING COMPLIANCELearn about Payment Card Data Security Standards and Australian Privacy Principles and how they are impacting mercantile and collection agencies and explore how to keep costs low in achieving compliance requirements.

CRUCIAL CONVERSATIONSFew people enjoy difficult conversations. Whether performance reviews, case management, talking about financial problems and discussions about compliance - all can be difficult. Steve Longford of New Intelligence will provide our delegates an appreciation of how to develop the knowledge and skills to deal with emotional or risky topics.

FINANCIAL MASTERYUnderstanding the numbers of your business is crucial for you to attain success. Ben Fewtrell of ActionCOACH will give delegates all the tools needed to control their finances better!

PROTECT YOURSELFA forensic IT expert from McGrath Nicol will provide an update on trends for businesses to keep watch over as they protect themselves from theft of intellectual assets from employees and others.

TAKING CONTROL OF YOUR EMAILSSteuart Snooks from Solutions for Success will detail proven strategies to better manage emails by taking control including WHEN to check email; WHAT to do so each email is handled only once; and WHERE to move and store messages. Get a grip on email overload. He will look too at appropriate etiquette, style, tone and language in emails to communicate effectively, establish rapport, be persuasive, manage potential conflict and achieve desired outcomes.

TRESPASS DEMYSTIFIEDTrespass is a concept which has long concerned agents. What does trespass actually mean? Chris Wellington from Wallmans Lawyers will demystify the concept and provide practical suggestions for agents.

UNDERSTANDING HARDSHIPA changed environment now requires agents and collectors to respond appropriately to situations of hardship. This session will look at what are the triggers to be listened for when dealing with debtors and how should agents and collectors respond.

UPDATE FROM ASICThe past 12 months have included various regulatory developments for the sectors including the review of the ACCC/ASIC Debt Collection Guideline. Tim Gough from ASIC will share with delegates insights on the shape of the regulatory landscape ahead.

Registration and accommodationThe Conference Program and Registration Form will be released by email to all members and be available for download from the IMA website in early February. Early Bird registrations will be available until 31 March 2014.

Members wishing to secure their accommodation for the event can do so now by going direct to the Hyatt booking site at www.canberra.park.hyatt.com or phoning 131 234 and using booking code G-IMAC.

MEMBER INFO

www.imal.com.au | Feb/Mar 2014 | AGENT | 11



The IMA’s National Office is often the destination for feedback on activities conducted in the field by members. We hear from the public, often from persons who have had some recent dealings with a member. We get feedback from many sources, including from solicitors and advocates calling on behalf of an individual, from regulators and from other members about issues they have heard in their local community.These opportunities often allow us to clarify with the enquirer what are reasonable expectations about what actually transpired, however, following rumblings of concern expressed in at least one regional area from a number of such sources in recent months, it is timely to remind all members of the difficult pathway they negotiate in undertaking field duties on behalf of credit providers, who have a wide variation in the expectations and requirements they upon agents.This pathway is sometimes more difficult in situations where the client credit provider is less experienced or aware of its compliance obligations about what can and can’t be done in respect to repossessions. Activities involving any alleged misconduct or activity by a repossession agent ultimately rest with the creditor on the basis of the “principal and agent” relationship however members should aim to avoid such issues if considered likely to arise by following the client’s instructions. It may be difficult to tactfully suggest a client’s instructions are misguided or even unlawful but ultimately it is preferable for an agent to have such a conversation rather than being exposed to all of the issues including reputational damage by following even reluctantly poor or inappropriate instructions. There is no obligation to accept every assignment a client or potential client seeks to point your way – you can say no! As a professional and experienced agent, you are best placed to recognise what is permitted and what is not: exercising your judgement here is the best form of risk minimisation for your business and reputation.The IMA’s Best Practice Guide for Repossessions requires members to “treat debtors fairly and not subject debtors or their authorised representatives to aggressive practices or conduct which is deceitful, oppressive, unfair or improper, whether lawful or not” and further to “exercise forbearance and consideration of a debtor’s circumstances of which it is aware, in

particular in relation to those who are particularly vulnerable or experiencing long term financial hardship”.Concerns about repossession related behaviour have mostly become a thing of the past following the maturation of the sector. IMA members generally are to be congratulated for the way in which their businesses are operated. However even the occasional rumblings of belligerent and abusive language being directed towards debtors; of refusal to release personal effects from repossessed vehicles; and intimidation by the blocking of property accesses ought to be of concern for all in the sector. So what can members do to assist in ridding the sector of such concerns? Members should continue to strive to ensure their business practices in the area of repossessions meet the requirements of the ACCC/ASIC Debt Collection Guideline and the IMA’s Best Practice Guide - Repossessions. This includes where there are other agents working in your business, ensuring their field activities are appropriately monitored and randomly audited to ensure your business interests are not being adversely compromised by any overly zealous or unfair actions when dealing with debtors. Reviewing complaints made by debtors or others, whether proved or otherwise, should feature high in your ongoing review of your agency’s operations - the expression “where there’s smoke, there’s often fire” is worth keeping in mind. ■

RISK avoidance

where there’s smoke, there’s often fire

www.imal.com.au | Feb/Mar 2014 | AGENT |13

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RECLAIMING your dayEmail strategist and productivity expert Steuart Snooks challenges existing email habits and gives 7 reasons why you should NOT check your email first thing in the morning! His aim is to get you thinking ‘outside the square’ (and the inbox)!

Steuart Snooks

Who’s in control of your time: you or

everyone else who sends you an email?


This is a controversial concept and goes against the current accepted

culture in most workplaces of checking email ‘first thing’ however getting control of the way you start your day is critical if you want to be truly productive.

Like many busy professionals, you’re already highly effective and successful. But if checking email ’first thing’ you could be compromising your productivity - this article will help make you aware of the consequences and suggests some appropriate actions to be even more effective. I accept there are 4 or 5 exceptions and variations when it is quite okay to check email ‘first thing’, but these should be the exception rather than the rule!

1: The Inbox is NOT your To-Do list

Do you start each day understanding the most important tasks and activities for the day? Do you know the first thing that should be done this morning? If you do, then go ahead and do it! This is what distinguishes successful, productive and high achieving professionals from those who struggle to keep up with their workload.

On the other hand, by checking email, you risk getting caught up doing what somebody else (anybody else!) wants you to do. Every time you open an email, consider whether it’s more important than everything already on your to-do list. If you don’t ask this question, you’ll find yourself assuming the new email is more important and end up doing tasks for everyone else at the expense of the ones you’re responsible for.

Emails in your inbox are someone else’s to-do list, not yours! Who should be in control of your time: you, or the people emailing you?

2: Starting with email makes you REACTIVE instead of PROACTIVE

Managing email effectively begins with having the bigger picture of your workload and productivity in mind. Looking at your calendar, diary or to-do list, rather than your inbox will start the day with a better perspective of existing commitments and priorities for the day, many being unfinished actions from emails received yesterday and earlier!

The inbox need only be accessed at a time of your choosing, when you’ve set aside a block of time to properly read and process each message. Email is so important these days that we must address it with a clear, focused mind rather than in the distracted manner we often give it at the start of a busy day or when it arrives as an interruption.

Improving productivity involves shifting from an inbox-based, interruption-driven and reactive style of work to something which is calendar or diary-based, plan-driven and proactive.

Aim to work on the things important to you (regardless of their urgency) rather than starting the day with the urgent (but often less important) items in your inbox.

3: Ignorance is Bliss!

When it comes to email, ignorance is bliss. Starting your day focused solely on accomplishing one or two or even three of your highest priority tasks (before you look at email) will make you feel and be more productive.

Avoid checking email as long as you can - any new information via email will only cause you to get distracted, lose focus and be less productive.

If blissfully unaware of what fires need to be put out, if you don’t know about the special sale that’s on today and if you don’t see that funny joke your colleague has sent you, are you really any the worse off? You’ll find out about these soon enough. Staying focused on what really matters you will have made progress early in the day on the things you are responsible for, rather than struggling to get them done later in the day, under time pressure and with sagging energy levels!

4: Avoid short-term gratification to achieve longer-term results

Mostly, when we start the day checking for new messages on email, Facebook or Twitter, we’re not really checking for anything truly important - we’re just idling searching for an excuse to not do the work

15



we know must be done, because it’s tough, boring, uninspiring or unenjoyable.

It’s in our nature to look for any reason to not get on with the difficult or challenging but often important task. We seek the short term gratification of answering an email or some other interruption and then justify this to ourselves later by saying we didn’t get the work done because “I had to answer that question from Jenny” or “I had to dig up a file for Geoff”.

Don’t allow yourself the easy out by checking email at the start of the day (or any random time it arrives) as a way of avoiding an important task. Recognise the task really does need to be done and it’s easier to do early in the day when you have higher levels of energy and attention. So, as Nike say, ‘just do it’!

5: Checking email is an excuse for a lack of priorities

Why do you check email first thing in the morning? Many times it’s probably because you lack real clarity about the important tasks and activities you should be working on. By checking the inbox first thing you are immediately prioritising the new ahead of all those important things you already have a commitment to.

What you are really saying is that whatever is new, bright, shiny and seemingly urgent is more important that the things I have already made a commitment to get done.

The real problem isn’t so much that you’re checking email first thing, it’s that you’ve considered checking email as a high priority activity simply because

you haven’t decided what your real high priority tasks and activities are! Without a clear list of priorities, checking email becomes an urgent activity that tends to be done at the expense of important ones.

Most of us do need to check email relatively early in the day, but it shouldn’t be first thing! We should, instead, check and clarify the important tasks and activities we are already committed to for the day. You may even get a few processes started on one or more of these tasks (as important work often needs to be brokered back and forth with others) and then check what new inputs have arrived via email overnight, or early in the morning, that need to now be integrated with the workload you already have.

It’s good to ask “what should I be doing if I got no new email this morning”.

6: Your morning energy and alertness should be directed to higher priorities

Many of us complain about the amount of time wasted on phone calls and meetings - but how much time do we waste on email? If asked how long you spend looking at email first thing in the morning, there’s a good chance that you’d underestimate the amount of time). While we think checking email only takes a few minutes, we can so easily get sucked into other, often low priority, activities resulting from opening our email. How often do you start with email and find it’s half an hour, half a morning or even half a day before you sit back and say “now, what I am supposed to be doing today?”

We all have a limited amount of energy and limited truly productive hours each day. For most of us, it’s sometime in the morning and this peak energy time is best used for our highest priority tasks and activities - we shouldn’t let email suck us

in early in the day to spend time on it rather than on things that really matter.

Start your day focussed on your highest priorities (rather than on

the inbox) and you are much more likely to achieve the results and

outcomes by which you will be judged and rewarded (by

yourself and others).

7: Controls unmanaged and unspoken expectations

Many will protest that we ‘have to’ check email first thing as others expect a response from us early in the morning! But is that really true? There are some requests requiring a prompt response, but that happens much less frequently than we usually think. Ask yourself “why it is that others expect a response from you early in the morning?” Is it because you’ve always responded first thing in the morning and now you’ve built up that expectation in others?

The more often you check email, the more often people will expect you to check it. The quicker you respond to people, the more they will grow to expect it (and the more email they will send you).

But if you simply stop checking it first thing in the morning, others will learn to not expect it anymore. If you respond less quickly (but with thoughtful and well-structured messages), others will expect to have to wait (and be content about it).

Sure, it will take a week or two for others to adjust but after a short while they will adjust and fit in with your changed (and more productive) practices. Who’s in control of your time: you or everyone else who sends you an email?

Exceptions and VariationsThere are some occasions when checking

email first thing might be appropriate. Here are a few suggestions;

• If you work across time zones and need to review overnight email before you can start your work

• You’re in a customer-focused role requiring fast response

• You’re in a support or admin role requiring fast response to colleagues

• You can check email on smartphone while travelling on public transport to work

• When you’ll be away from computer for the day, a quick check in morning can give ‘peace of mind’ ■

Steuart Snooks, CEO of Solutions for Success will be at the IMA National Conference in May 2014 share strategies on how often and what times of the day are optimum for checking email.

16| AGENT | Feb/Mar 2014 | www.imal.com.au

CHALLIS GROUP AD


FEATURE

LAST post?Alan Harries looks at how important and essential the mail service provided by Australia Post remains even in this digital world.

If our nation’s oldest, continually operating organisation, Australia Post

ceased to provide a physical mail delivery what would be the likely effect upon you, your business, your industry and your family?

An article by Peter Martin in the Sydney Morning Herald1 raising the issue of “Why it’s time to say goodbye to posties” caused me to ponder on what might be the impact on the way Australians live and work if this proved to be a reality.

The journalist detailed how the postal service was previously of utmost importance in the communication cycle reminiscing about times past when the mailman delivered to homes and businesses twice a day. He explained the advent and uptake of firstly telephones, then mobile phones and text messaging and of course the inevitable high traffic of emails and internet messaging has led to a decline in reliance upon actual mail.

Martin argued the nature of the post changed with the need for short communications to arrange meetings becoming redundant with messaging from mobiles meaning that virtual messages could be sent from anywhere, anytime. The purpose for Australia Post’s existence he argues increasingly became the delivery of documents, parcels and bills.

The growth and uptake of emails and social media means that many Australians now have a digital address and although initially sending big documents may have been a problem, that is no longer the case with emails - it is easier to do so and removes the reliance upon the post. He argued that a “digital divide” never happened with “every strata of Australia now connected, from the elderly to farmers to schoolchildren”.

The mail volumes of Australia Post until 2000 grew or contracted in tandem with Australia’s Gross Domestic Product but the level in FY2013 of total addressed mail was 19.6% lower than the mail peak achieved in 20082. The carrier’s Chairman John Stanhope notes3 the loss

incurred in regulated mail services in FY2013 amounted to $218.4 million and that such loss “is becoming increasingly difficult for the corporation to absorb”.

A combination of the global financial crisis and electronic substitution is reported to be the reason for the first ever year on year decline in mail volumes whilst increased shopping by consumers online has in recent years seen the carrier achieve a huge surge in parcel volumes.

Financial realitiesStatistics from Australia Post’s most

recent Annual Report4 provide a snapshot of the actual realities for the nation’s mail carrier:

• Mail volumes for FY2013 were 9% lower than FY2011

• Total revenue for FY2013 was 18.2% higher than FY2011

• Profit after tax for FY2013 was 29.3% higher than FY2011

• Operating loss from regulated mail services for FY2013 was $219.4 million being 78% higher than the loss in FY2011

• Operating profit from non-regulated services for FY2013 was $648.1 million being 41.7% higher than the profit in FY2011

According to media reports5 late last year, Australia Post says it needs to increase the price of stamps by at least 10 cents in 2014 if it is to reduce the size of its losses. The carrier’s reasoning being that as letter volumes decline worldwide it is no longer financially sustainable to continue holding prices below inflationary levels.

In a submission to a Senate Committee, Australia Post claimed inflation had risen by 70% during the past 20 years whereas the cost of postage stamps had only increased by about 30%. The carrier reported its letter business has lost more than $400 million over the past three years and increasing stamp prices would simply reduce the size of the loss.

A 10 cent increase in the price of stamps, if accepted would bring the price of a

stamp to 70 cents – so far the carrier has not formally applied for such a price increase.

Similar trends overseasIn September 2013, Britain moved to

privatise its 500 year old Royal Mail postal service with commentary suggesting the carrier needed to reinvent itself in light of the continuing downward trends in letter mail volumes. A public float was aimed at giving the company access to private capital to improve its competitiveness.

The numbers of letters sent daily through Royal Mail fell to 58 million in 2013 compared to 82 million in 20046. Meanwhile, parcel volumes are increasing due to the boom in internet shopping.

In December, Canada Post7 announced its plans to stop home mail delivery and to hike the price of stamps in response to the growth in the trend of customers going digital.

The proposed end to Canada’s home mail delivery was forecast to be achieved within 5 years whilst the price increase to stamps was immediate - both measures being attempts to stem soaring losses as customers switch to digital communications. These measures followed Canada Post forecasting in August that it was likely to run short of cash for its operations by the middle of 2014 unless major changes to operations were made.

the Achilles heel for digital communications: if you can’t get a connection,

then it follows you are not connected!


FEATURE

The government owned Canada Post reported in November a 3rd quarter loss of $C109 million before tax with mail volumes having fallen 7.3% from the same period in 2012. Presently some 5.1 million urban households in Canada (only a third of the total) receive door to door mail delivery but such deliveries will be phased out over the next five years and

replaced by a system of community mail boxes.Canada Post spokesman Jon Hamilton was reported as saying

“with the ongoing decline in letter mail - we delivered a billion fewer pieces of mail in 2012 than we did in 2006 - we had to make changes. This plan really provides Canada Post with a future based on serving needs that Canadians have, rather than trying to put something together than doesn’t work”.

It is claimed the average annual cost in Canada of delivering mail to an address is $C283 whereas only $C108 for a community box. The cost of a single stamp for mail delivery in Canada will rise to $C1 from the current 63 Canadian cents. Canada Post claims its proposed changes would return it to financial sustainability by 2019.

Closer to homeAccording to Martin’s article, today’s mail handled by Australia

Post is mostly bills or notices from various levels of government, because although late to the party, businesses are now abandoning traditional mail and using email to send out bills and junk mail.

The Coalition Federal Government has pledged to put virtually all government services and interactions online by 2017 - the corollary being there will be then scarcely anything left to post!

Martin argues that upon completion of the national broadband network there will be no reason for daily mail deliveries. He points out Australia’s really remote locations are already limited to two deliveries per week and suggests this should become the standard for the rest of us in the lead up to eliminating local deliveries.

He goes on to make the point that delivering mail used to make Australia Post money but it now costs the carrier $150 million per year with losses on track to blow out far exceeding the profits from delivering parcels making Australia Post an albatross around the taxpayers’ necks.

Martin extrapolates that as Australia will soon stop paying Holden and Ford to make cars we aren’t keen to buy, then if serious about getting value for our taxpayer dollars we will also stop paying postal workers to make deliveries Australians no longer need.

He reasons that employing someone to do something we no longer need merely because we always have will be a waste of a scarce resource. He opines that in most fields the market will handle the transition, for example banks move us away from tellers, supermarkets invite us to check out our own groceries whilst deliveries by the baker and the milkman are long gone.

Whilst Martin is right about the market adjustments, the real question to be asked: is this progress? Whenever Australian consumers accept such initiatives as progress in reality the outcomes are people losing jobs and organisations such as the banks and supermarket chains making more and more profits for their shareholders.

Of course, a drastic measure of discontinuing mail deliveries by Australia Post may not be so easy to achieve, given the carrier has a government imposed obligation to deliver mail five days a week to 98% of Australian addresses. Martin acknowledges any change will require a government decision and will mean tackling the unions and various political interests.

Industry needsExamination of the implications for our industry of the

cessation of actual mail deliveries requires consideration of how reliant our collective businesses are on this service.

Gathering census type information on the entire size of our industry’s operations has always been problematic however the work of Australian Collectors & Debt Buyers Association (ACDBA) and the commitment of its members to submit on a confidential basis data on their respective operations allow a glimpse of the likely size and extent of industry operations.

For the past 4 years, ACDBA members which collectively make up the largest part of the Australian debt collection market sent in excess of 12 million letters annually to debtors. Over that same period, despite no reduction in the volume of mail sent, those members reported a 3 times increase in emails sent to debtors (approaching 1 million messages per year) and SMS or text messages to debtors (exceeding 5.5 million messages per year). Telephone contact remains the major method of contacting debtors with around 30 million calls made each year.

Adding in the activities of other operators outside ACDBA membership, it is obvious Australian collectors rely heavily upon communication mediums, increasingly so on digital messaging and emailing but are still heavily reliant upon traditional mail services.

What about the other areas of our industry membership, for example the process servers and field agents? 20 years ago it was rare for process serving firms not to rely upon the DX mail system for mail with clients and other agencies, now such reliance is a rarity with the sector committed mostly to the mail services of Australia Post especially its Express Post services.

What impact will arise if such mail services were unavailable? Certainly other mediums can take up the communications -


FEATURE

emailing documents or using courier services - however, it is not difficult to understand those mediums come at different costs, whether in the form of increased charges for courier services or increased labour to scan, send and print out documents sent via electronic mail.

Other implications It seems to me there would be ramifications if as the journalist,

Martin suggests it is time for the last post to be called on Australia Post.

If there were a cessation of Australian mail deliveries and total commitment was made to digital communications we should understand physical mail mostly remains private and confidential whereas the same cannot be said about communications online!

Online our transactions of what we order, what bills we pay, even the messages we send through emails are increasingly subject to surveillance and interception by others. Fraudulent and hacking activities are increasingly everyday hazards for each of us as we engage online. Let’s not even contemplate here potential monitoring by government agencies!

Those of us engaged in constant or regular use of the internet and digital opportunities though our iPads and iPhones can definitely send and receive messages from just about anywhere at any time. But what about the many Australians who are not yet part of the digital culture, including the elderly and those who are severely financially disadvantaged? Those numbers are falling but still there remains a large void for those not engaged in technology to fall into.

Digital communications essentially rely upon continuous supply of power and telecommunication infrastructures. This is the Achilles heel for digital communications: if you can’t get a connection, then it follows you are not connected!

Events like extreme hot weather, bushfires and floods regularly impact adversely upon Australia’s

power and telecommunication

infrastructures. This has immediate and costly consequences for the community and business.

During this past year, a member reported that following flooding in his town a service interruption to his facsimile and internet connection at his office in a regional town went unresolved by Telstra for 14 calendar days. His business systems required a constant internet connection for his office team to complete their work: he had no alternative but to send them home until the connections were restored.

In Summerland Point, a small lakeside village near Newcastle for 14 days over the recent festive period, 400 homes and businesses were without internet, landline, eftpos and fax services after New Year’s Eve revellers boating on Lake Macquarie accidentally ripped up a sub-marine telecommunications cable with an anchor8. The businesses concerned (restaurants, cafes, bottle shop, take-away food shops, newsagent, service station, and even the Australia Post outlet) which rely on the peak summer holiday trade suffered financially due to this simple but business stopping issue affecting digital and phone communications.

Similar to the obligations of health, education and policing, there is a case to argue the provision of a mail service should continue to be provided by government without an expectation of profit, because it is an essential service to the whole community regardless of location or circumstance.

With the introduction of computers, we were enticed by promises of the paperless office however we all know this to be a dreamtime fallacy. Similarly, do you recall the wide deception about the risks of the Year 2K bug?

Are predictions of a cessation of mail deliveries reasonable? Volumes of mail will undoubtedly continue to decrease and as a consequence service levels and expectations of physical mail delivery may need to change together with the price payable for such a service but can and will Australians accept the total cessation of such an essential service? ■

Alan Harries is the IMA’s CEO

FOOTNOTES

1. www.smh.com.au - 15 January 2014

2. www.auspost.com.au - Australia Post Annual Report 2013

3. www.auspost.com.au - Australia Post Annual Report 2013

4. www.auspost.com.au - media release, 18 October 2013

5. www.abc.net.au - “Australia Post suggests stamp price increase to combat growing losses” - 26 December 2013

6. www.economist.com - “Why is the Royal Mail being privatised?”, 10 October 2013

7. www.abc.net.au - “Canada Post to stop home delivery, hike price of stamps as customers go digital”, 12 December 2013

8. www.theherald.com.au - “Lake town cut off for two weeks”, 13 January 2014

20| AGENT | Feb/Mar 2014 | www.imal.com.au www.imal.com.au | Feb/Mar 2014 | AGENT |

Cutting corners generally means choosing a quicker and easier route, by paying little or no attention to rules.

Typically, the motivation is to save time, and sometimes - since time is money - to save money. The consequences, however, may be severe as has been demonstrated by news reports over the years.

Accessing and trading in confidential information gathered from public officials is corrupt conduct. Most states and territories have processes in place to look for and stamp out such inappropriate activities. Corrupt conduct, as defined for example in NSW’s Independent Commission Against Corruption Act 1988, is “deliberate or intentional wrongdoing, not negligence or a mistake”.

Corrupt conduct of course can take many forms, but specifically under that Act, it occurs when:

• a public official improperly uses, or tries to improperly use, the knowledge, power or resources of their position for personal gain or the advantage of others or

• a member of the public influences, or tries to influence, a public official to use his or her position in a way that is dishonest, biased or breaches public trust.

ICAC details on its website that corrupt conduct includes a “public official selling confidential information gained while working in an official capacity”.

21 years agoSome IMA members will recall that in August 1992 ICAC

released a 3 volume report after a widespread investigation into the unauthorised release of and trade in Government information. The report detailed a massive illicit trade in government information over many years involving widespread improper sale and exchange of information from a variety of State and Commonwealth government sources and the private sector.

ICAC made findings of corrupt conduct against 155 persons and findings of conduct liable to allow, encourage or cause the occurrence of corrupt conduct against 101 persons. Thirty-seven of those found to have engaged in corrupt conduct in connection with the trade in confidential government information were serving police officers and another 18 were Department of Main Roads or Roads and Traffic Authority officials.

This ICAC investigation was a watershed moment for the Australian investigations and collections industry with clients (lawyers and financiers) understanding their demands for service providers to gather and action information taken from beyond the public domain was inappropriate and corrupt behaviour.

Since the release of that ICAC report the incidence of investigators and agents engaged in the corrupt accessing


The very occasional appearance of news items relating to persons engaged in corrupt behaviour with serving police officers and other public officials in Australia for the purpose of assessing confidential government information caused the AGENT to reflect on how the investigation and collections industry has matured significantly and for the better over the past 21 years.

CUTTING corners

Laws control the lesser man … right conduct controls the

greater one


of government information has mostly disappeared with only very occasional reports of operators being tempted to cut corners in their methodologies by attempting to corruptly deal with public officials such as police officers.

This very significant and positive change over the past two decades in the behaviour and expectations of the Australian industry has assisted its maturity to the respected status of professional and opened the door for increased outsourcing to the industry by governments and large corporations.

Mark Twain is credited with penning a maxim which is relevant here - “Laws control the lesser man … right conduct controls the greater one.” ■


trainingtrainingVisit www.imal.com.au to choose online coursesfrom:


MEMBER INFO

Under previous long standing arrangements, the election of new

Division Executives required a vote at an AGM of the Division with a member of the National Board in attendance to conduct the ballot. The opportunity was used also for the Board member to deliver a national report to members.

Such protocols are costly in the modern era. Firstly, the holding of a formal meeting requires the hiring of a meeting room on commercial terms - in capital cities the costs for a room for even a short meeting are in the range of $300 to $600. In locations where there is no Board member resident, there are also the costs of a director travelling to the city for the event. Putting aside the high personal cost for directors of time away from their businesses, the actual out of pocket costs for Board members to attend all the divisional AGMs range up to $2,500.

The combined costs (reimbursement of travel, related expenses and the hire of meeting rooms where necessary) for these AGMs typically range up $4,000 annually. When this expenditure is considered in conjunction with the dwindling number of attendees at Divisional AGMs (a total of only 42 attendees for the 5 Division AGMs in 2013) it is evident these protocols are not sustainable.

Similarly evident is that members when attending meetings prefer networking opportunities and informal discussions with colleagues rather than formal meeting procedures.

The Board has adopted with immediate effect a new by-law for the election of Division Executives which provides for:

• A common date for the election of Executive Members for all Divisions

• The election process being entirely managed by the National Office witho Nominations (in writing, by email

or facsimile) to be lodged with the Returning Officer at the National Office no later than 30 days before the election date.

o All voting conducted online.

Online voting is expected to improve member convenience and accessibility to the voting processes as well as improving the accuracy and security of the voting process and the rapid feedback of results.

The updated by-law No 2001.11.3 Elections for Executives of Sub-Committees being Divisions or Branches can be viewed in the members’ area of the website at www.imal.com.au.

How will online voting work?The system for voting online will be as

follows:• After the date for nominations closes,

the National Office shall set up an online ballot

• The ballot will be open for 14 days up until the election date.

• Eligible members entitled to cast a vote will be sent an email containing a link to the ballot together with a unique single use ticket number

• The Eligible member seeking to participate in the voting process will click on the circulated link and use the unique single use ticket number to gain access to the voting screens to cast a vote

• As the votes are cast by authenticated members, each vote is recorded in a non-identified way by the online system and at the conclusion of the ballot period the system tabulates the results of the election.

Every member’s vote online is secret. When the member confirms his/her vote

selection(s), the online voting system ‘consumes’ the unique single use ticket number and ‘marks’ the Voter Roll (database) to indicate that the member has voted. The system provides for the simultaneous storing of the actual vote details in a separate database - this ensures that the member can only vote once and that the vote is anonymous, as the vote can no longer be associated with the member’s details on the Voter Roll.

Will AGMs still be held in the Divisions?The need for the holding of an AGM

in each Division no longer exists with this revised election process, removing the previous meeting based formalities, allowing Divisions to instead meet on dates to the choosing of the members and for purposes such as networking and interacting with colleagues which are far more popular with members.

The email circulated to members inviting participation in the annual online voting process will include a second link to a webcast message from the National President. ■

VOTING onlineAfter years of grappling with waning interest in several divisions by members resisting attending Annual General Meetings, the IMA Board has changed the by-law dealing with the election of Division Executives.

The need for the holding of an AGM in each

Division no longer exists

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Welcome to 2014. I hope you are all well rested, fed and watered from

the Christmas/New Year break and ready for another fantastic year in the saddle.

For me this year is about ensuring the IMA stays on track with our strategic plan set back in September 2012. It is pleasing to note at this stage our targets are being met and we are set to kick a few more of our goals in 2014.

Best practice

Our next major project this year is the Best Practice Guide for Process Serving. Compared to our first Guide, this one may be somewhat more difficult to formulate in the sense there is no real imperative within the industry sector driving compliance. However, I am confident that the program we set for the development of the Repossessions Best Practice Guide will provide us with the necessary experience to navigate through the task at hand. With this project being in the very capable hands of Nick Wright, our Process Serving Chairperson, I am certain nothing will stand in the way of getting the job done. It’s not too late for members to get involved with the development of the guide so stay tuned for the call to contribute and be part of history in the making.

Guideline

We are presently waiting on the outcome of our industry submission in respect to the proposed new changes for the ACCC/ASIC Guideline for Debt Collection. These changes will have significant implications for agents working in the field services and the debt collection space. We can only hope that the carefully measured and intelligent arguments submitted by Alan Harries, our CEO, will be reflected in any changes they may make to the guideline.

PerformanceAs I reflected on 2013, I wondered what

as an industry association we could do better to attract new membership and provide support to existing members. I then reflected on other associations I am involved with. My honest assessment is it seems with the very strong support provided to anyone who needs it through the National Office, the informative and timely material provided in the AGENT, the continued development of the Best Practice Guides and the outstanding submissions made to various regulators and legislators, when comparing these activities to those delivered by other industry bodies, I think the IMA as an industry association does exceptionally well for a very modest and competitive annual membership fee. Of course, if there is anything we could do better or if you would like to see us take on some additional challenges, then I am all ears.

So for now its head down and tail up as

we get into the swing of things and as a very wise man recently told me - “Keep your chin up. It helps to keep the tongue from lashing”.

Regards

Alex Caruana

FROM THE PRESIDENT

Alex Caruana

nothing will stand in the way of

getting the job done

IMA President Alex Caruana considers the IMA’s performance and the year ahead.

ON course

NOTICE OF ANNUAL GENERAL MEETING

The IMA’s National AGM shall be held at the Hyatt Hotel in Canberra on 23 May 2014.

Nominations for positions of the National Board must be in writing & received by the Returning Officer at the National Office no later than 60 days before the date of the AGM.


2014 has already brought a lot of activity to the National Office and from recent

discussions with members it seems the industry’s workload for this year is already in full swing.

ConferenceThe 2014 Pickles Auctions IMA National

Conference is in Canberra from 22 to 24 May 2014. Sponsors and exhibitors are keen and a summary of the event including the conference sessions and activities is detailed at p11 of this AGENT. The program and registration form will be emailed to all members and be available for download from the IMA website from early February with early bird rates available until the end of March 2014.

Greater than 98% of attendees rated last year’s event as meeting or exceeding expectations in terms of relevance of content, organisation, networking opportunities and value for money.

Feedback last year included that the National Conference is “relevant and at the heart” of what members do in their businesses - if you haven’t previously attended a National Conference, plan to join us in Canberra in 2014.

Annual General MeetingsIn this AGENT at p22 is important

information on changes to the IMA procedures for the election of Executive Members of the Divisions - essentially the association is moving to take advantage of online voting to make elections more accessible to the membership, to streamline the election processes and to remove a line of recurrent expenditure.

The effect of this change in procedures is that the need to hold formal Annual General Meetings within each Division is now redundant with the principal purpose of such meetings being the election of Executive Members being replaced by a centrally managed online ballot.

Each year there will be a common date for the election of Executive Members for the Divisions with the entire ballot and voting processes being managed by the National Office. Eligible Members entitled to vote in the relevant ballots will receive an email invitation to do so with a unique single use ticket number for voter validation purposes. Additionally, the association will commence the delivery of the National President’s Report to all members by webcast.

The opportunity is taken to thank all who have held Executive roles throughout this past year and to invite all members to consider getting involved in leading the IMA over the year ahead by joining either a Division or National Executive - details of the nomination processes and relevant dates are included in the panels to the left the National Presidents column andto the right of this column.

Accounting and reportingCurrently at the National Office we are

finalising the IMA’s financial year end accounts to 31 December 2013 for the annual audit in February and preparation of the Annual Report to members in the lead up to the national Annual General Meeting which will be held in Canberra on 23 May 2014.

Cheers

Alan Harries

FROM THE CEO

AHEADIMA CEO Alan Harries updates members on IMA activities and changes in 2014.

Alan Harries

updates members on IMA activities and changes in

2014

ELECTION OF DIVISION EXECUTIVES

Following the updated By-law the 2014 Election Date for Executive Members for all Divisions shall be Friday 18 April 2014 closing at 5.00pm EST.

Accordingly, nominations for positions on an Executive of a Division must be in writing or by email or facsimile transmission & received by the Returning Officer at the National Office no later than 30 days before the Election Date.


NETWORK

IMA NATIONAL OFFICE17B Denney StreetBroadmeadow NSW 2292PO Box 233 Waratah NSW 2298Ph: (02) 4927 0477Fax: (02) 4927 [email protected] www.imal.com.au

NATIONAL BOARDNational President Alex CaruanaPh: (02) 8833 3300Fax: 1300 556 [email protected]

National VP Administration Daniel TaylorPh: (02) 8568 6500Fax: (02) 8568 [email protected]

National VP Finance Basil FaulknerPh: (08) 9325 3855Fax: (08) 9325 [email protected]

Immediate Past National President Ian MitchellPh: (08) 9409 4088Fax: (08) 9409 [email protected]

CEO Alan HarriesPh: (02) 4927 0477Fax: (02) 4927 [email protected]

EXECUTIVE COUNCIL Comprises the National Board, President of each Division and Directors Emeritus.

EXECUTIVE

BUYING or SELLING?Have an opportunity and want to discreetly find and engage with interested members?

Consider a broadcast email by the IMA with a masked reply email address - call 02 4927 0477

for details of this affordable and effective service.

Victoria DivisionVictorian President Michael NugentPh: 1300 228 588Fax: 1300 535 [email protected]

Victorian Vice President/Secretary Derek ChallisPh: (03) 5277 [email protected]

WA DivisionWestern Australian President Phil BotsisPh: (08) 6296 7455Fax: (08) 6296 [email protected]

Western Australian Vice President David CombrinkPh: (08) 9409 4088Fax: (08) 9409 [email protected]

Western Australian Secretary Richard AdamsPh: (08) 9325 6387Fax: (08) 6314 [email protected]

Sector Sub-committees

Collections Chairperson Daniel TaylorPh: (02) 8568 [email protected]

Investigations Chairperson Peter HarkinPh: (07) 3210 [email protected]

Process Serving Chairperson Nick WrightPh: (07) 3210 [email protected]

Repossessions Chairperson Travis CarterPh: 07 3868 [email protected]

ACT BranchACT Liaison Nigel GregoryPh: (02) 6255 [email protected]

NSW DivisionNSW President Frank FodorPh: (02) 9630 6844Fax: (02) 9630 [email protected]

NSW Vice President/Secretary Bill EdmondsPh: 1300 4AMPACFax: (02) 9223 [email protected]

NT BranchNorthern Territory Liaison Grant JonssonPh: 08 8927 [email protected]

Queensland DivisionQueensland President Nick WrightPh: (07) 3210 5000Fax: (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]

SA Division South Australian President Andrew SmithPh: (08) 8244 1922Fax: (08) 8244 [email protected]

South Australian Vice President/Secretary Liam O’CallaghanPh:(08) 8215 4777Fax (08) 8232 [email protected]

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