Code of Practice

1. Objective

The purpose of this Code of Practice is to establish clear guidelines and expectations for the provision of assistive technology (AT) products and services within Australia by members of ATSA. This Code aims to ensure that individuals with disability and the elderly, as well as other stakeholders, receive consistent, ethical and high-quality services and products. It serves as a self-regulatory framework to promote fairness, transparency and accountability in all interactions between ATSA Members, their customers and other business entities.

This Code applies to contracts between businesses and consumers, as well as business-to-business agreements where relevant. It is designed to complement, not repeat, existing laws or specific government contracts. In cases where there is a conflict between this Code and legal requirements or government contracts, the law or contract will take precedence.

2. Scope

This Code is mandatory for all ATSA Members operating in Australia. By becoming a member of ATSA, businesses and organisations commit to upholding the standards and principles outlined in this document. The Code covers a wide range of practices, including advertising, marketing, staff conduct, customer interactions, after-sales service and complaints handling.

3. Key Principles

ATSA Members are required to adhere to the following core principles:

Legal Compliance: Members must comply with all relevant Australian laws, including those related to advertising, marketing, consumer protection, work health and safety (WHS), privacy and disability/seniors rights. This includes the Australian Consumer Law and other state and federal regulations.
Ethical Conduct: Members must always act with integrity and professionalism. Products and services should meet or exceed industry standards, be safe for use, and fulfill the purposes for which they are marketed. All claims about products and services must be truthful and substantiated.
Transparency: Members must provide clear, accurate and complete information to customers. This includes disclosing any conflicts of interest, referral agreements, financial arrangements and potential product limitations. Customers must be informed of all relevant details to allow them to make informed decisions.
Respect and Integrity: Members must treat all customers with dignity and respect. Special care should be taken when dealing with vulnerable individuals, including those with cognitive impairments or limited decision-making capacity. Confidential information must be protected and privacy laws must be strictly observed.

4. Advertising & Marketing

ATSA Members must ensure that all advertising and marketing materials are truthful, not misleading and comply with relevant advertising standards. This includes:

Clearly representing products and services without exaggeration
Avoiding deceptive pricing tactics or false claims about product capabilities
Ensuring that any promotional gifts or incentives are appropriate, directly related to the purchase and do not create undue influence.

5. Staff Conduct & Training

Conduct: Staff must behave professionally, honestly and ethically. They should clearly identify themselves, disclose their qualifications and act in the best interests of the customer.
Training: Members are responsible for providing ongoing training to staff to ensure they understand legal requirements, company policies and industry best practices. Staff should be knowledgeable about the products and services they offer, as well as customer rights and protections.
Where clinical advice is given by staff, they must be appropriately qualified and abide by the applicable professional standards requirements.

6. Pre-Contract & Sales Information

Before entering into a contract or purchase, ATSA Members must make available to customers clear, comprehensive information in writing. This includes:

Product descriptions, features and intended use.
Full pricing details, including taxes, fees and any potential additional costs.
Warranty information, service agreements and cancellation rights.
Terms and conditions written in plain language, easily understood by customers.

High-pressure sales tactics are strictly prohibited. Customers should be given ample time to review information, ask questions and make informed decisions without feeling rushed or coerced.

Customers should be made aware, where appropriate, of any relevant funding available to them for the product being sought. Where independent professional or medical advice should be considered before purchasing, customers should be informed of this.

7. Conflict of Interest

In addition to the general requirements set out in the Key Principles, there is a special requirement on ATSA members who both provide professional allied health services directly prescribing and recommending products, and also then sell those products. Members involved in such activities must take active steps to mitigate the risk of actual and perceived conflicts of interest by directly informing the customer in writing that:

1. they earn a profit on the product they have recommended; and
2. the customer is quite free to take the product prescription or recommendation to another supplier of the products.

In other words, the provision of allied health professional services and the sale of equipment must be treated as separate services and not bundled together, unable to be purchased separately from different suppliers. The customer must be supported in being aware that they have that right.

8. After-Sales Service

ATSA Members must provide reliable and responsive after-sales service. This includes:

Clear instructions for product use, maintenance and troubleshooting.
Prompt responses to service requests, ideally within three business days.
Providing repair and maintenance services and replacement parts within reasonable timeframes.
Honouring warranty and ACL guarantee commitments and providing clear processes for such claims.
Ensuring customers are not left without essential equipment for extended periods.

9. Product Recalls and Safety Warnings

All companies must maintain sufficient records in order to be able to identify who they sold a product to, ensuring it can be traced and recovered in the event of a recall, or given appropriate attention if a safety warning is issued, necessitating preventative action.

Companies supplying to dealers should also advise them of the need to track products without delay should a recall or safety warning be issued.

10. Privacy, Work Health and Safety (WHS) and other Compliance

ATSA Members must meet all applicable compliance requirements in any area in which they undertake work, including:

Protect the privacy of customers by adhering to the Privacy and Other Legislation Amendment Act 2024 and other relevant privacy laws. This includes securing personal data and only using it for lawful purposes.
Comply with WHS regulations to ensure a safe environment for both staff and customers. This includes maintaining safe workplaces, following safety protocols and providing necessary training on health and safety practices.

11. Complaints & Dispute Resolution

ATSA encourages customers to first attempt to resolve any issues directly with the supplier. If a satisfactory resolution cannot be reached, customers or ATSA members may submit a formal complaint to ATSA. The complaints process includes:

Acknowledgement of the complaint within five business days.
A thorough investigation of the issue, with a written response provided within 30 days.
If unresolved, the option for mediation facilitated by an independent third party, or referral to the appropriate oversight body.

ATSA Members must cooperate fully with complaint investigations and strive for fair and timely resolutions.

12. Sanctions and Disciplinary Action

ATSA will investigate all alleged breaches of this Code.

A Disciplinary Committee appointed by the board ensures that matters relating to breaches of Code are enforced effectively and disciplinary procedures are fair and impartial. In addition, the Committee deals with serious cases of noncompliance with the Code. Where a potential breach of the Code has been identified during the course of investigating a consumer complaint, ATSA will normally endeavour to resolve the complaint before addressing the alleged breach.

Where an identified breach of the Code is minor, ASTA will issue a warning and suggest action, if appropriate, to prevent repetition.

Any serious, or repeated, breaches of the Code may result in the ATSA member to appear before the Disciplinary Committee and a decision made that could include

No further action
Remedial action
Formal warning
Financial penalty (relating to recovery of costs for work incurred by the committee and any independent arbitrator/hearing undertaken regarding the complaint)
Suspension for a set period of time
Expulsion from ATSA.

13. Whistleblower Protection

ATSA is committed to promoting ethical conduct. Individuals who report unethical, illegal, or unsafe practices within ATSA Member organisations are protected from retaliation under whistleblower protection laws. ATSA encourages the reporting of misconduct and provides secure, confidential channels for such disclosures.

14. Use of ATSA Name & Logo

ATSA Members are permitted to use the ATSA name and logo to demonstrate their commitment to the Code of Practice. However:

The logo must be used in accordance with ATSA’s branding guidelines.
Membership status must be current; if a business ceases to be a member, they must immediately stop using the ATSA name and logo in all marketing materials, business signage, and digital platforms.

15. Links to Relevant Legislation

Pertinent Legislation

The following is not an exhaustive list of all legislation that may apply to any given circumstance but is a list of those considered most relevant to this Code:

Advertising

Advertising Standard Bureau Ad Standards – Ad Standards

Consumer and Business

Australian Security and Investments Commission Act 2001 Federal Register of Legislation – Australian Securities and Investments Commission Act 2001

Competition and Consumer Act 2010 Federal Register of Legislation – Competition and Consumer Act 2010

National Consumer Credit Protection Act 2009 Federal Register of Legislation – National Consumer Credit Protection Act 2009

Standards Australia Home | Standards Australia

Therapeutic Goods Act 1989 Federal Register of Legislation – Therapeutic Goods Act 1989

Disability and Seniors Rights

Aged Care Act 2024 Federal Register of Legislation – Aged Care Act 2024

Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities | OHCHR

Disability Discrimination Act 1992 Federal Register of Legislation – Disability Discrimination Act 1992