MANAGING CONFLICT OF INTEREST GUIDELINES

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Conflict of interest is defined as;

“A situation arising from conflict between the performance of public duty and private or personal interests”.

It is not always possible to avoid conflicts of interest and management of the conflict underlines the ethics and values of a company.  Appropriately identifying/disclosing and effectively managing actual perceived or potential conflicts of interest is what is important to Burnett Consulting/Engineered Auto Solutions.

Ways to identify a conflict of interest:

• Do I have personal or private interests that may conflict, or be perceived to conflict, with my public duty?

• Could there be benefits for me now, or in the future, that could cast doubt on my independence or objectivity?

• How will my involvement in the decision or action be viewed by others? Are there risks associated for me or my company?

• Does my involvement in the decision appear fair and reasonable in all the circumstances?

•  What are the consequences if I ignore a conflict of interest? What if my involvement was questioned publicly?

• Have I made any promises or commitments in relation to the matter? Do I stand to gain or lose from the proposed action/decision?

 

Strategies for the Management of Identified Conflicts of Interest

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1. Record/Register: Recording the disclosure of conflict of interest in a register is an important first step, however this does not necessarily resolve the conflict. It may be necessary to assess the situation and determine whether one or more of the following strategies is required.

2. Restrict: It may be appropriate to restrict involvement in the matter. For example, restricting access to information relating to the conflict of interest. If such a situation occurs frequently, and if an ongoing conflict of interest is likely, other strategies may need to be considered.

3. Recruit: If it is not practical to restrict involvement in a matter, an alternate contractor may be able to take on the relevant role, or an independent third party may need to be engaged to participate in, oversee or review the integrity of the decision-making process.

4. Remove: Removal from involvement in a matter altogether is the best option when ad hoc or recruitment strategies are not feasible, or appropriate.

5. Relinquish: Relinquishing the personal or private interest which prompted concerns about a conflict of interest may be a valid strategy. For example, this could be the relinquishment of ownership or investment in the vehicle or product.

 

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THE CODE OF PRACTICE

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The Code of Practice must, at a minimum require that Personnel engaged in the Vehicle Certification Services industry in Tasmania must:

(i)            Use an environment suitable for the Certification of Vehicle Modifications that provides adequate and appropriate equipment, and uses methods and materials designed for the certification of modifications to motor vehicles;

(ii)           Market and provide all Services with integrity and accuracy, avoid vague and ambiguous terms in any promotional material, and ensure that such material is free of false or misleading claims or statements;

(iii)          Ensure that accurate information about the delivery of Vehicle Certifications are provided to prospective Applicants and continually review that information to ensure its accuracy and relevance;

(iv)          Provide an environment, which ensures the safety, health and welfare of Applicants and others free of harassment and discrimination of any kind;

(v)           Ensure that it is easy:

(A)          for an Applicant to register a complaint;

(B)          to conduct investigations into complaints;

(C)          propose reasonable solutions; and

(D)          ensure that all investigations into complaints are well documented and auditable.

 

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PRIVACY POLICY

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We take our customers privacy seriously and we will only collect and use your personal information as outlined below.  Our Privacy Statement fully complies with the Privacy Act 1988 and represents the industry’s best practice.

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PERSONAL INFORMATION COLLECTED

Normally we collect information from you directly, unless it is unreasonable or impracticable to do so.

Collection of your personal information can occur through the following interactions:

• When you access and use our website;
• During conversations with our team members;
• When you complete requests or applications for our services (by phone, in person or electronically);
• When you communicate with us directly (via email, telephone, online, direct mail or any other means);

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COLLECTION OF YOUR PERSONAL INFORMATION

We collect your personal information so that we can carry out the following actions (“Purpose”):
• To provide you with products and services that you have requested from us;
• To communicate with you, including about products and services

• To answer your questions and provide you with information or advice;
• To create agreements for the sale of services, accounts, tax invoices or receipts;
• Carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the Engineered Auto Solutions / Burnett Consulting provide products and services to you;
• To consider and respond to complaints made by you;
to comply with laws or regulations or to comply with any directions given by regulators or authorities.

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SECURITY OF YOUR PERSONAL INFORMATION

Engineered Auto Solutions / Burnett Consulting ensures that all information collected will be safely and securely stored.

We protect your personal information by:
• Restricting access to personal information;
• Maintaining technology products to prevent unauthorised computer access;

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DISCLOSURE OF PERSONAL INFORMATION

Your personal information may be disclosed in connection with any purpose to any of the following:
• Our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you.
• Our business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required;
• If required by law, to any person authorised by such law. This may include the police service, ambulance service, or government departments or regulators within Australia in connection with law enforcement activities.
• Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.

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COMPLAINTS

If you believe that your privacy has been breached by Engineered Auto Solutions / Burnett Consulting, please contact us and we will resolve the issue.  Further support with a complaint can be found by contacting the department of state growth, details provided;

Department of State Growth

22 Elizabeth Street, Hobart, TAS 7000 Australia
GPO Box 536, Hobart, TAS 7001 Australia
10 Murray Street, Hobart, TAS 7000 Australia
GPO Box 536, Hobart, TAS 7001 Australia

AIS Compliance Unit

Phone: (03) 6166 3271

Fax: (03) 6233 5030

Email: AVC@stategroeth.tas.gov.au

Web: www.stategrowth.tas.gov.au 

 

MODIFICATIONS TO THE POLICY

Engineered Auto Solutions / Burnett Consulting may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

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RETURNS / REFUNDS POLICY

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These terms and conditions (“the Terms of Purchase“) set out the conditions under which you may purchase services appearing on this website. By making application, you are agreeing that an agreement exists between you and Engineered Auto Solutions / Burnett Consulting. Each application is a separate agreement.

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Summary
Engineered Auto Solutions / Burnett Consulting always intends to treat all customers fairly and with integrity at all times. This includes procedures related to refunds, replacement items, or rework.

 

Service refunds or rework will be treated strictly within the legal requirements of Consumer law. Engineered Auto Solutions / Burnett Consulting has no responsibility for products or services provided by any other parties.

We do not give any money back or credit refunds if:
• Damages occur from abuse or operating equipment outside communicated load limits.
• Changes have been made outside of instructions and advice provided

Cancellations
We may cancel a Contract if the requested service is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the service, however other arrangements may be made if mutually agreeable.

 

FAULTY PRODUCTS
We warrant that:
• The service will be delivered complying with all relevant Australian standards and regulations; and
• The service will be completed with competency in engineering science and technology.

The Product is intended to be used strictly in accordance with Engineered Auto Solutions / Burnett Consulting instructions as set out as part of the service itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

We try very hard to deliver service to the most professional standard. However, if you tell us that the service is inadequate, you agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time.

In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the service, including:
• You specifying with reasonable detail the way in which it is alleged that the product is damaged or defective; and
• You providing us with the modification plate number and such other information as we reasonably require.

If you would like us to repair, replace or provide a refund for the service where it did conform to the applicable Contract, and we find that the Product has:
• Been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
• Been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
• Been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
• Deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the service and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs.

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Refund Process

Any refund due will be paid only to the person or party that made the original payment.

Engineered Auto Solutions / Burnett Consulting does not see your financial details, and cannot refund a Credit or Debit Card directly. This must be done through the financial institution by reversing the original transaction, or by crediting your card. Using the original invoice reference number ensures that the refund goes directly to the original card. This process may sometimes involve the disclosure of further information.

Refund may take up to 10 days to complete. Attempts will be made to streamline the process, but there are also delays incurred with transfers between bank accounts.

Under no circumstances will cash refunds be made, regardless of the original method of payment.

If the original card has expired, been lost, or cancelled by the owner it cannot be used for a refund. Attempts to reverse a transaction will fail. An alternate refund method will be needed.

 

DISCLAIMER

We shall aim to let you know if we expect that we are unable to meet our estimated services completion date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late services completion.

It is your responsibility to ensure that the services are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the services will meet your individual requirements.

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