Consumer Consultative Panel Terms of Reference

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  1. Preamble

    1. The Australian Financial Security Authority (AFSA) is responsible for maintaining confidence in Australia's personal insolvency and personal property securities systems and managing criminal assets. AFSA's vision is a strong credit system for the Australian community.
    2. AFSA's core regulatory functions include:
      1. administering the Bankruptcy Act 1966 and the Bankruptcy (Estate Charges) Act 1997
      2. administering the Personal Property Securities Act 2009 through administration of the Personal Property Securities Register (PPSR), and
      3. administering the Proceeds of Crime Act 2002.
    3. AFSA has published a Statement of Intent committing to continuous improvement and building trust with stakeholders and system users through collaboration and engagement.
    4. AFSA has established the Consumer Consultative Panel (the Panel) as part of this commitment to pursue proactive dialogues with a range of stakeholders and interested parties. The Panel is one of a number of stakeholder engagements that support and enhance the work of AFSA.
    5. AFSA recognises the expertise held, and the significant contribution, by community and consumer-based organisations in terms of frontline support, advocacy, education and research.

  2. Purpose

    1. The purpose of the Panel is to facilitate open and consistent discussions and consultation with community and consumer-based organisations about the personal insolvency and personal property securities systems and the needs of the people who use them.
    2. Members of the Panel will utilise their professional knowledge, experience and networks to provide perspectives, information, and insights on:
      1. current and emerging issues or market developments impacting people in the financial environment
      2. how AFSA can enhance support for people experiencing hardship, vulnerability and/or financial distress
      3. consumer education needs and strategies
      4. strategies to improve how AFSA communicates its role and the systems it maintains to consumers, and
      5. feedback on AFSA initiatives.
    3. AFSA and the Panel commit to listen and be genuine and open in their engagement.

  3. Governance

    1. The Panel is structured, governed and administered in accordance with these Terms of Reference.  
    2. The Panel is convened by AFSA's Chief Executive. The Chief Executive will appoint an External Chair who is responsible for chairing each meeting and facilitating effective discussions.
    3. AFSA provides secretariat support for the Panel.
    4. Appointed members of the Panel are not an employee or agent of AFSA. Members have no power or authority to bind or represent AFSA.
    5. The Panel has no decision-making authority within, or on behalf of, AFSA.

  4. Membership

    1. The Panel's membership consists of a range of community and consumer-based organisations with experience in frontline support services, including financial counselling and education, research and advocacy and/or the protection of people experiencing or facing financial distress.
    2. AFSA staff will attend and participate in meetings as appropriate but are not members.
    3. AFSA will select Members in accordance with the expression of interest process outlined by AFSA from time to time and made available on the AFSA website.
    4. Members will be appointed for an initial term of 2 years, reviewed at the end of the term.
    5. AFSA recognises the importance of the Panel representing a diverse cross-section of the community and will provide a reasonable opportunity for a range of organisations to participate.
    6. Each Member will be responsible for selecting a Nominated Representative to attend and participate in meetings. It is the Members' responsibility to provide the Panel Secretariat with reasonable notice of an alternative attendee.

  5. Meetings

    1. The Panel will have up to 4 regular meetings per year. At least one of these will be a face-to-face meeting.
    2. The Panel Secretariat will prepare meeting records summarising key issues discussed and actions.
    3. Members are expected to provide a short, written update to the Panel Secretariat prior to each meeting.
    4. Member Updates should report on the organisation's key activities and achievements in relation to consumer support, advocacy and education as well as any emerging issues and trends.
    5. AFSA and the Panel may jointly agree to hold thematic meetings and invite external subject matter experts to provide input.
    6. On occasion, AFSA may convene a special, out-of-session meeting to ensure the timely discussion or input on a topic, provided reasonable notice is provided to the Panel.

  6. Collection, use and disclosure of information

    1. AFSA will collect and hold personal information that is reasonably necessary to form and facilitate the operation of the Panel.
    2. AFSA's Privacy Policy applies in relation to the collection, use and disclosure of information in relation to the operation of the Panel.
    3. Members and AFSA are individually responsible for taking the necessary steps to de-identify case studies and examples to protect personal information.
    4. Summaries of matters discussed at meetings of the Panel may be included in AFSA's annual report.

  7. Conflict of interest

    1. Members must submit an annual conflict of interest declaration to the Panel Secretariat.
    2. If there is a change in a Member's circumstances (or those of their Nominated Representative) that could conflict, or be perceived to conflict, with their position on the Panel, the Member must declare the conflict to the Panel Secretariat as soon as practicable, and in any event within 14 days of becoming aware of the conflict.
    3. AFSA will provide Members with the meeting agenda ahead of each meeting. The Nominated Representative (or alternative attendee, as appropriate) is responsible for reviewing the agenda and considering whether any conflict of interest does or may arise. The Nominated Representative (or alternative attendee) should advise the Panel Secretariat ahead of the meeting of any potential or real conflict.
    4. After becoming aware of a real or potential conflict of interest, AFSA will engage with the Member about options to manage the conflict, which may include changing the Nominated Representative.

  8. Confidentiality

    1. The Panel acknowledges that there are limits on the information that AFSA may provide to external organisations and that AFSA may impose conditions regarding Members' use of information provided.
    2. Members agree not to disclose to any person, and to take all reasonable measures to protect from unauthorised use or disclosure, any information that AFSA indicates is being provided to the Panel on a confidential basis.
    3. AFSA will explicitly draw to Members' attention if an agenda item or particular information is confidential.
    4. This confidentiality clause survives the expiration or termination of the Member's term on the Panel.

  9. Meeting participation and travel expenses

    1. Members are permitted to invoice AFSA for their attendance and participation at each meeting, up to the amount determined by AFSA from time to time and advised to Members as appropriate.
    2. For each in-person meeting, AFSA will meet the reasonable travel costs, including accommodation where appropriate, for one Nominated Representative from each Member.
    3. Members' travel arrangements will be organised by AFSA in line with AFSA's then-current Travel Policy guidelines and the principle of achieving value for money when approving, selecting and booking official domestic air travel and accommodation.
    4. Members are bound by the Members' expectations regarding meeting attendance and travel, as provided by AFSA.

  10. Variations to Terms of Reference

    1. AFSA reserves the right to make variations to the Terms of Reference to comply with legislative obligations or Commonwealth Government policies.
    2. AFSA may additionally make minor variations to the Terms of reference as required.
    3. Subject to item 10.1, major variations to the Terms of Reference will be made subject to consultation with Members.

Panel Secretariat contact details

Contact method Details
Address

Consumer Consultative Panel Secretariat

Australian Financial Security Authority

GPO Box 2851, Melbourne VIC 3001
Email consumerconsultativepanel@afsa.gov.au
Phone 03 8631 4910
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