RECALLS & MANDATORY REPORTING
INTRODUCTION
History proves that very often from the smallest to the largest of companies can run into trouble of having non-conforming or unsafe products on the Australian market. When a risk of injury or worse still death exist, it is necessary to implement a recall of the affected goods. Whether it is a voluntary recall or one instigated by the ACCC, the exercise is time consuming, costly and can have a negative impact on both company reputation, brand & profitability. The ACCC rules for conducting recalls are very specific and need to be followed carefully. Compliance Wise Consulting has over 30 years’ experience of managing product recalls. We will manage all aspects of the recall, right up to liaising with the ACCC on your behalf.
If a product has been reported of causing a serious injury or death, a supplier will be further obligated to submit a 'mandatory report' to the ACCC which can be a daunting task. At Compliance Wise Consulting we have you covered, having many years of experience in preparing and submitting mandatory reports, we can talk you through the process or even manage it on your behalf.
RECALLS
If a recall is not conducted successfully the first time around, suppliers may find that the process of revisiting a recall costly and time consuming.
A product recall system should suit the specific products you supply and consider the degree of risk those products may pose to consumers. There are three main steps involved once you have made the decision to conduct a recall.
Step 1: notifying the ACCC Under the Australian Consumer Law (ACL), suppliers must notify the Commonwealth minister responsible for competition and consumer policy within two days of initiating a voluntary recall action. The ACCC accepts recall notifications on behalf of the minister. If a death or serious injury or illness has been associated with a product, you also need to lodge a mandatory injury report with the ACCC.
Step 2: reaching customers As a business, you should know your customers better than anyone. Therefore, you should be able to identify the best ways to reach them.
Think about how your customers learn about your products. Is it through paid media advertising, social networks, search engine marketing, email campaigns or public relations? Does your store have an online presence only, or are there physical outlets? You need to choose the communication methods best suited to your target audience
Step 3: as part of a suppliers responsibilities you will need to make regular reports on the recall campaigns progress, including its success at remedying recalled products, this will require providing details on the number of products returned, repaired or disposed. In addition you will also need to consider ways to improve the results if the campaign is not remedying a reasonable number of products covered by the recall.
The good news is at Compliance Wise Consulting we have you covered, we can help you through all the stages of the process including:
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Helping you assess information to decide if a recall is required;
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Assist in the formulation of a recall including preparing a recall plan and preparing notices;
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We can manage the process for you, including notifying the Commonwealth Minister responsible for competition and consumer policy;
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Additionally we can manage any communication with the ACCC including regular progress reporting.
We can do as much, or as little as you need to ensure a cost effective campaign is provided.
MANDATORY REPORTING:
If you are a supplier, you must report any death, serious injury or serious illness associated with a consumer good or product related service that you have supplied to the ACCC within 2 days of becoming aware of the occurrence, including if the event occurred in an overseas location.
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Every supplier in the supply chain of a consumer good has an obligation to submit a mandatory report when they become aware of a death, serious injury or serious illness associated with a consumer good or product related service that they have supplied.
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A group of suppliers can nominate an agent to submit a report on their behalf.
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A supplier must submit a report whether the incident happened in Australia or overseas.
We have many years experience in managing the Mandatory Reporting process and can help suppliers meet their regulatory obligations.
If you need our help, please get in contact with us via our message us or contact facility.