Legal Compliance Made Easy with Sharon Givoni Consulting
Compliance – not the most glamorous word really is it, but it’s the unsung hero keeping businesses afloat.
In the ever-changing waters of Australia’s business landscape, compliance is your ultimate lifesaver—as it can protect your reputation and build trust with customers.
But compliance isn’t a “set and forget” deal. It’s more like swimming between the flags at the beach—a constant, proactive effort to stay within safe boundaries while the currents shift around you.
What Does Legal Compliance Really Mean?
At its core, legal compliance refers to ensuring that an organisation or individual adheres to the laws, regulations, and standards relevant to their activities. In Australia, this spans a broad spectrum, including consumer law, labelling law, standards and codes, employment law, and privacy legislation and the like.
It involves understanding these rules and putting in systems requiring proactive measures, and a commitment to continuous improvement.
Not about box-ticking
Think compliance is just about ticking boxes? Think again.
Non-compliance can be very costly.
Breaching Australian Consumer Law can lead to crippling penalties, as seen in the Federal Court’s recent rulings.
Take the ACCC v Bupa Aged Care case: Bupa’s failures resulted in a $6 million penalty. And it’s not just the fines—non-compliance can erode customer trust and tarnish your brand for years to come. Small businesses also are not immune.
Whether it’s failing to honour advertised discounts or mishandling sensitive customer data, the consequences of ignoring compliance are severe. And here’s the kicker: many of these breaches are preventable with the right systems and training in place.
Let’s Look at Some Real-Life Lessons
Picture this: a major retailer fails to honour its advertised discounts. What starts as a simple oversight snowballs into a public scandal, heavy fines, and a compliance audit from the ACCC.
The problem? The retailer had inadequate internal compliance systems and failed to properly train staff on consumer law. This wasn’t just a one-off mistake—it was a systemic failure.
The lesson is clear: compliance isn’t just about avoiding mistakes; it’s about creating systems that prevent them. To avoid being the next cautionary tale, businesses need to focus on proactive compliance.
Take – Melbourne-based discount retailer Dimmeys which was fined $3 million and banned from selling various household items for six years due to breaches of product safety laws. The owner personally fined $120,000 and banned from managing corporations for six years, and the supplier faced a $600,000 penalty. This was not the first breach for Dimmeys, with previous fines issued for similar offences in 2001 and 2011. Please see the link attached: https://www.accc.gov.au/media-release/dimmeys-penalised-400000-for-selling-childrens-dressing-gowns-which-failed-labelling-standard and https://www.accc.gov.au/media-release/dimmeys-fined-160000-in-connection-with-labelling-of-kids-pyjamas.
Compliance
Two high-profile cases—ACCC v Bupa Aged Care and ACCC v FitBit—highlight the difference proactive compliance can make.
ACCC v Bupa Aged Care
Bupa’s $6 million fine could have been worse, but the court acknowledged several mitigating factors:
- Early Cooperation: Bupa worked closely with the ACCC.
- Remediation: The company implemented broad customer remedies.
- Improved Compliance: Bupa made a serious commitment to upgrading its compliance systems.
This means that businesses that act quickly and proactively to fix breaches are treated more favourably.
ACCC v FitBit
FitBit wasn’t so lucky. The company copped an $11 million penalty, partly due to its size and past conduct. However, the court also considered whether FitBit had a strong compliance culture—and found it lacking.
Both cases underline the importance of investing in compliance programs that prevent breaches and demonstrate accountability.
Why Compliance Is More Than a Checklist
Compliance isn’t just about keeping regulators happy. It’s about embedding integrity into your business, streamlining operations, and empowering your team.
Reputation Is Everything
In today’s world, trust is a currency. Customers are more likely to stick with brands that operate ethically and transparently. A proactive compliance strategy shows you’re committed to doing the right thing—and that’s a competitive advantage.
Boost Operational Efficiency
Think compliance is just red tape? Think again. Clear policies and processes don’t just protect you from breaches; they make your business run smoother. When everyone knows the rules, there’s less ambiguity, fewer mistakes, and more productivity.
Empower Your Team
Compliance isn’t just for the legal team—it’s for everyone. Regular training builds a culture of accountability, giving your employees the confidence to make the right decisions. And when compliance becomes second nature, your whole business benefits.
A Culture of Compliance
The term ‘culture of compliance’ may conjure up images of robotic, rule-following employees, but it’s far more dynamic than that. It’s about fostering an organisational ethos where doing the right thing is second nature.
A true culture of compliance goes beyond ticking boxes. It requires:
- Active Engagement: Employees and managers who understand and respect legal requirements.
- Effective Systems: Programs, procedures, and training designed to encourage lawful behaviour.
- Ethical Leadership: Leaders who model integrity and hold their teams accountable.
- Compliance isn’t just about avoiding penalties—it’s about creating a workplace where ethical decision-making is part of the DNA.
How Sharon Givoni Consulting Can Help
At Sharon Givoni Consulting, we know compliance doesn’t have to be complicated—or boring. Our Swim Between the Flags Program simplifies compliance with tailored solutions designed for Australian businesses.
Here’s what we offer:
- Customised Compliance Programs: Tailored to your specific needs, whether it’s privacy laws, workplace safety, or advertising standards.
- Engaging Workshops: Compliance training doesn’t have to be dull. Our interactive sessions equip your team with practical skills and knowledge.
- Ongoing Support: With constantly changing laws, we provide regular updates and guidance to keep you ahead of the curve.
To make compliance work for your business, ask yourself:
Ready to Swim Between the Flags?
Don’t wait for a compliance breach to knock your business off course. Contact Sharon Givoni Consulting today for tailored compliance solutions that safeguard your business and empower your team. Together, we’ll help you navigate the legal waters with ease and confidence.
Useful links
- Australian Government Attorney-General’s Department – https://www.ag.gov.au/
- Federal Register of Legislation – https://www.legislation.gov.au/
- Australian Competition and Consumer Commission (ACCC) – https://www.accc.gov.au/
- Office of the Australian Information Commissioner – https://www.oaic.gov.au/
- Australian Government Department of Health and Aged Care – https://www.health.gov.au/
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.