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GRC Professional : GRC Summer 2012
15 in October, included the sentence: “Since we haven’t been flying, our competitors have raised their fares by more than 30%”. The ACCC formed the view that Tiger “did not have a proper basis” for making the statement and said that it may have contravened the Competition and Consumer Act 2010 (CCA). Tiger and the ACCC are continuing discussions to ensure compliance with the CCA. Similarly, the ACCC asked Qantas to report on claims made and redress provided to stranded passengers after the grounding of the fleet in October due to an industrial dispute. In a statement, ACCC chairman Rod Sims said that it was the intention of Qantas to compensate passengers, but that further enquiry was needed to ensure this is done properly. Reputational risk Qantas has had mixed reviews in the public domain after recent events. It was universally applauded for the way it handled the explosion of an Airbus A380 engine in 2010 but universally – and very publically – canned for its handling of its industrial dispute by grounding its own fleet for two days, displacing 70,000 passengers around the world. The difficulty for compliance and risk managers is to be prepared as much as possible for some of the most high-risk situations – a point that Wei-Loong Chen, Special Counsel at Clayton Utz, says is vital. “Firstly, companies need to identify who the stakeholders are, be they customers, regulators, employees, shareholders and so on. The second step is to identify what these stakeholders expect of you. Then you need to look at what sorts of activity and decisions the organisation could potentially make that, if those decisions or activities were not carried out well, will create the most adverse reaction,” says Chen. Research shows that the reactions we associate with crises are your basic human reactions of concern, distress, outrage and anger, Chen says. Once you’ve identified them, you have to assess the impacts of these adverse perceptions and then decide to what extent you can live with that impact and for how long. “Once you’ve done all that, it’s a case of putting a plan in place to address each of these consequences to try to minimise their impact,” he says. “That’s obviously the difficult part and requires X The ACCC asked Qantas to report on claims made and redress provided to stranded passengers after the grounding of the fleet in October due to an industrial dispute. Aviation regulators in Australia Civil Aviation Safety Authority (CASA) CASA was established in 1995 as an independent statutory authority. CASA’s primary function is to conduct the safety regulation of civil air operations in Australia and the operation of Australian aircraft overseas. It is also required to provide a comprehensive safety education and training program. Australian Transport Safety Bureau (ATSB) The ATSB is an independent statutory agency and is entirely separate from transport regulators, policy makers and service providers. The ATSB’s function is to improve safety and public confidence in the aviation, marine and rail modes of transport through the independent investigation of transport incidents, safety data recording and fosteringsafetyawareness. Australian Competition and Consumer Commission (ACCC) The ACCC’s primary responsibility is to ensure that individuals and businesses comply with the Commonwealth competition, fair trading and consumer protection laws.
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