ACCC Mandatory Reporting Requirements Update
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, November 2011
Even though the ACCC’s mandatory reporting requirements refer to ‘consumer goods’, any food or beverage consumed by a customer or other consumer will also fall within the description of ‘consumer good’. This article is based on the latest information from the Australian Competition Consumer Commission (ACCC). We reproduce it here free for the convenience of FoodLegal Bulletin readers.
The mandatory reporting requirements of the Australian Competition and Consumer Act 2010 for consumer goods alleged to be associated with death, serious injury or illness came into effect on 1 January 2011.
All participants in the supply chain of consumer goods are required to comply with the reporting requirements. This includes a retailer, dealer, hirer, distributor, installer, repairer, importer, manufacturer and/or exporter of the consumer goods in question.
The notification must be provided to the ACCC within two days of the supplier becoming aware of the incident.
The ACCC has indicated that food and beverage products represent by far the largest proportion of the total number of notifications, representing approximately 65 per cent of the notifications.
Do I need to make a mandatory report?
Suppliers are required to report the death or serious injury or illness of any person:
- that they become aware of; and
- that someone believes was caused by the use of a consumer good; where
- they supply those goods or provide a related service for those goods.
Am I a supplier?
All participants in the supply chain of a consumer good are required to comply with the reporting requirement. This includes a retailer, dealer, hirer, distributor, installer, repairer, importer, manufacturer and/or exporter of the consumer goods in question.
Similarly, all participants in the supply chain for product related services linked to the goods that are associated with the death, injury or illness are required to report the incident. This could include installers and service technicians.
What does serious injury or illness mean?
Serious illness or injury means an acute physical injury or illness requiring medical or surgical treatment by, or under the supervision of, a qualified doctor or nurse.
How do I make a mandatory report?
A supplier is required to submit a report within two days of becoming aware of a reportable incident.
You can do this using the ACCC's online form – available on its website.
If you are unable to submit the online form please contact the ACCC on 1300 302 502.
This is general information rather than legal advice and is current as of 15 Nov 2011. We therefore recommend you seek legal advice for your particular circumstances if you want to rely on advice or information to be a basis for any commercial decision-making by you or your business.