Regulations

EDUCATION CONSULTANTS ASSOCIATION AUSTRALIA

REGULATIONS

Pursuant to sub-clause 53(1) of the Constitution, the Board of Directors makes the following regulations for the maintenance of sound practice and the promotion of the interests of the Association and of the industry and for the prevention of dishonourable practices.

Members that breach these regulations may be subject to the investigation and disciplinary processes of the Association as set out in Chapter 7 of the Constitution, and if found to have breached these regulations, those processes will impose a suitable penalty on such members, which may include for serious breaches, forfeiture of membership and the publication of the member’s name.

REGULATION 1: CODE OF ETHICS

Preamble
This Regulation, in no way intends to cover all areas of conduct, or attempts to override any legislative requirement. The spirit of the Code should be followed rather than taking any narrow interpretation.

All applicants for membership must agree before admission, to abide by this Regulation (which may be amended by the Board of Directors from time to time) as a condition of becoming and maintaining their membership.

All references to Member, also covers Founding Members and provisional members.

1. Broad Principle
1.1 A distinguishing mark of a professional, and therefore a member of the Association, is their acceptance of the responsibility to act in their client’s best interest while acting in the public interest. In acting in the public interest, a member should observe and comply with the law and ethical requirements of this Code.

2. Fundamental Principles

2.1 A member is required to comply with the following fundamental principles:

(a) Integrity

(b) Objectivity

(c) Professional Competence and Due Care

(d) Confidentiality

(e) Professional Behaviour

These fundamental principals are defined below under the appropriate heading.

3. Code of Ethics framework

3.1 This Code of Ethics requires a member to identify, evaluate and address threats to compliance with the Code, rather than merely complying with a set of specific rules which may be arbitrary.

This Code of Ethics provides a framework to assist a member to identify, evaluate and respond to threats to compliance with the Code. If the identified threat or threats are other than clearly insignificant, a member should, where appropriate, apply safeguards to eliminate the threats or reduce them to an acceptable level, such that compliance with the Code is not compromised.

3.2 A member has an obligation to evaluate any threats to compliance with the Code when the member knows, or could reasonably be expected to know, of circumstances or relationships that may compromise compliance with the Code.

3.3 A member should take qualitative as well as quantitative factors into account when considering the significance of a threat. If a member cannot implement appropriate safeguards, the member should decline or discontinue the specific service involved, or where necessary resign from servicing the client or education provider.

3.4 A member may inadvertently violate a provision of this Code. Such an inadvertent violation, depending on the nature and significance of the matter, may not compromise compliance with the Code provided, once the violation is discovered, the violation is corrected promptly and any necessary safeguards are applied.

3.5 The nature of the safeguards to be applied will vary depending on the circumstances. In exercising professional judgement, a member should consider what a reasonable and informed third party, having knowledge of all relevant information, including the significance of the threat and the safeguards applied, would conclude to be an acceptable safeguard/s..

3.6 The members are required to inform the Association if they are aware that another member has or potentially has acted in contravention of the Code.

Fundamental principles

4. Integrity

4.1 The principle of integrity imposes an obligation on all members to be straightforward and honest in professional and business relationships. Integrity also implies fair dealing and truthfulness. Integrity also implies intellectual honesty and the avoidance of conflict of interest where possible, and where it is not, full and upfront explanation of any conflicts of interest that may exist.

4.2 A member should not be associated with reports, communications or other information where they believe that the information:
(a) contains a materially false or misleading statement;
(b) contains statements or information furnished recklessly; or
(c) omits or obscures information required to be included where such omission or obscurity would be misleading.

5. Objectivity

5.1 The principle of objectivity imposes an obligation on all members not to compromise their professional or business judgement because of bias, conflict of interest or the undue influence of others. Objectivity requires a member to consider the truthfulness of a situation, regardless of the impact upon themselves, a client or education provider.

5.2 A member may be exposed to situations that may impair objectivity. It is impracticable to define and prescribe all such situations. Relationships that bias or unduly influence the professional judgement of the member should be avoided.

6. Professional Competence and Due Care

6.1 The principle of professional competence and due care imposes the following obligations on members:
(a) to maintain professional knowledge and skill at the level required to ensure that clients and education providers receive competent professional service;
(b) to act diligently when proving professional services;
(c) to be honest and upfront to a client and education provider if they do not possess required knowledge in regards to a specific issue and to seek such information or services from others to address this;
(d) to refrain from portraying themselves or allowing another to portray that they possess skills, knowledge, accreditation or resources that they do not possess; and
(e) to refrain from making disparaging references or unsubstantiated comparisons to the work of others or denigrating another member.

6.2 A member should take steps to ensure that those working under the member’s authority in a professional capacity have appropriate training and supervision.

6.3 Where appropriate, a member should make clients, education providers and other users of the professional services aware of limitations inherent in the services to avoid the misinterpretation of an expression of opinion as an assertion of fact. Where external expertise has been sought, such expertise should be credited.

7. Confidentiality

7.1 The principle of confidentiality imposes an obligation on members to refrain from:
(a) disclosing outside the member’s business, confidential information acquired as a result of professional and business relationships without proper and specific authority or unless there is a legal or professional right or duty to disclose; and
(b) using confidential information acquired as a result of professional and business relationships to their personal advantage or the advantage of third parties.

7.2 A member should also maintain confidentiality of information disclosed by a prospective client or education provider.

7.3 A member should take all reasonable steps to ensure that staff under the member’s control and persons from whom advice and assistance is obtained respect the member’s duty of confidentiality.

7.4 The need to comply with the principle of confidentiality continues even after the end of a relationship between a member and a client or education provider.

8. Professional Behaviour
8.1 The principle of professional behaviour imposes an obligation on members to comply with relevant laws and regulations and avoid any action that may bring discredit to the industry. This includes actions that a reasonable and informed third party, having knowledge of all relevant information, would conclude negatively affects the good reputation of the industry.

9. Marketing

9.1 In marketing and promoting themselves and their work, members should not bring the industry into disrepute. Members should be honest and truthful and should not:
(a) make exaggerated claims for the services they are able to offer, the qualifications they possess, or experience they have gained; or
(b) make disparaging references or unsubstantiated comparisons to the work of others.

9.2 Specifically, such marketing, including advertising and solicitation must not:
(a) create false, misleading, deceptive or unjustified expectations of favourable results;
(b) imply the ability to influence any court, tribunal, regulatory agency or similar body or official;
(c) consist of self-laudatory statements that are not based on verifiable facts;
(d) make comparisons with other members or other education consultants that exploit, belittle or claim superiority over them;
(e) contain misrepresentations that are likely to cause damage to the business or goodwill of a competitor;
(f) portray people or depict material in a way that discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, sex, age, marital status, sexual preference, religion, disability or political belief;
(g) contain inappropriate language and strong or obscene language;
(h) contain testimonials, endorsements or any other representations that would be likely to cause a reasonable person to misunderstand or be deceived; or
(i) make unjustified claims to be an expert or specialist in a particular field.