The Australian Competition and Consumer Commission has issued a final determination authorising the arrangements contained in the charter, codes and by-laws of the Australasian Institute of Mining and Metallurgy (AusIMM)*.
AusIMM is an association of professionals from the mining, exploration and minerals processing industries. It has around 7500 members across the Asia Pacific region.
The arrangements authorised are contained in AusIMM’s charter, by-laws, code of ethics, code for consultants and JORC** and VALMIN*** codes.
The charter and by-laws of the Institute contain provisions to ensure a fair membership applications process and an appropriate disputes handling mechanism.
The code of ethics and code for consultants establish guidelines for ethical behaviour for members.
The JORC and VALMIN codes set technical standards for public reporting of mineral resources. These codes have wide industry support, the JORC Code being included in the listing rules of the Australian Stock Exchange.
In its draft determination, issued in March 2002, the ACCC identified several areas of concern with the AusIMM charter, codes and by-laws, including some potentially anti-competitive restrictions on advertising and conduct, a lack of procedural fairness in the applications process and most particularly the inclusion of 'Fee Guidelines'.
On 13 June 2002 AusIMM requested the ACCC delay issuing its final determination to enable AusIMM to conduct a thorough review of its arrangements.
The ACCC received the final revised set of documents on 29 September 2004. The fee guidelines and restrictions on advertising have been removed, and improvements made to the fairness of the appeals and disputes process to ensure that membership can not be unfairly denied to any applicant.
The ACCC is now satisfied, subject to a small number of amendments, that a net public benefit arises from the AusIMM charter, codes and by-laws by continuing to ensure that membership certifies a certain level of honest, ethical and objective behaviour. The ACCC has granted authorisation to the arrangements for a period of five years.
"The ACCC recognises the role professional associations play in certifying certain standards to consumers", ACCC Chairman, Mr Graeme Samuel, said today. "However, fee schedules that specify particular fees are likely to result in fees higher than would otherwise be charged, and are unacceptable. Members of professional associations must be free to compete by setting their own fees".