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Dear AITO Member

From Rod Caldicott – Richmond Valley NSW

Hi Gang
My current VIC Coordinator is off on maternity leave and not likely to be coming back.
Also, I have predominately been running the VIC at weekends/public holidays on volunteer staff.
With the Coordinator (35hrs/week, Mon-Fri) not returning it seems like a favourable time to re-gig the staffing at the Centre to more effectively encompass 7 day trading with full time/part-time staff.

I would be particularly pleased to hear from each of you how you accommodate the 7 day trading, what the staffing arrangements are for the week/week-end days and what management structure/job descriptions/pay rates are applicable to each position.

All thought appreciated. Confidentiality assured.

Regards
Rod Caldicott
Tourism and Promotions Officer

Richmond Valley Council
Locked Bag 10 CASINO NSW 2470
Phone 02 66600324
Fax 02 66625198
Mobile 0414 194752
E-mail rod.caldicott@richmondvalley.nsw.gov.au



Albury City Council is investigating the introduction of a special tourism rate/levy on all tourism related businesses to fund tourism promotion in the local area.

Could you please advise if you have introduced such a levy/rate and if so, would you be prepared to provide details to Albury City Council on this such as:

the quantum of the rate/levy
its methodology
the process of implementation.
Thank you for your help.

Kindest Regards
Maria Barrett
Executive Services
AlburyCity
PO Box 323 Albury NSW 2640
T:(02) 6023 8105
F: (02) 6023 8297
mbarrett@alburycity.nsw.gov.au



Preferential and exclusive treatment of accredited Tourism Businesses and the Trade Practices Act of 1974.
In March 2004 the Australian Competition and Consumer Commission (ACCC) wrote to AITO concerning applications lodged by the Federal Department of Industry, Tourism and Resources (ITR). Basically the ACCC was seeking the opinion of the AITO on the application to give preferential or exclusive treatment to accredited tourism businesses. The application by ITR was on behalf of Tourism Victoria, Tourism Tasmania, the South Australian Tourism commission, The Northern Territory Tourism commission, the Western Australian Tourism Commission, Australian capital tourism and The Australian Tourist Commission. Tourism Queensland was to join the applicants. Tourism New South Wales was not party to the application.

The applicants only wanted to deal with accredited businesses in relation to marketing campaigns, visiting journalist programs, media and trade familiarisations, making bookings etc. – (my words)

The ACC wrote again on the 26th May 2004 advising of amendments to the application in that a better definition of preferential treatment would be written by ITR.

The AITO responded on the 2 June in the AITO supported the application. A copy of that letter is detailed below. Transcript 1.

On the 9th August 2005 the ACCC responded saying that the ITR had requested that the ACCC delay its consideration. A transcript of that letter is detailed below Transcript 2.

On the 16th August 2005 the AITO wrote to Ruth Fagan, a fellow member of AITO and Board Member of Tourism New South Wales. Ruth also Chairs the Industry Reference Group Visitor Information Centres Accreditation in NSW. AITO advised that the application had been withdrawn and that the ACCC would not be proceeding with a determination.

From that I concluded that giving accreditation to Visitors Centres could be in violation of the Trade Practices Act if preference was given to Accredited Centres. I requested that TNSW give an opinion on this.

A copy of that correspondence is detailed below Transcript 3.

Ruth Fagan has responded to the request saying that TNSW could not give legal advice. She then went on to state that Geelong Otway Tourism (supported by Tourism Victoria) had lodged a notification of Exclusive Dealing (third line forcing) with the ACCC.

ACCC responded that they do not intend to take further action however the Commission may act to remove the immunity at a later stage.

Therefore based on this advice it does not seem necessary to for TNSW to make similar application. A transcript of that letter is detailed below. Transcript 4.

As I do not want to offer a legal opinion, make of this what you may.

Tom Phillips

President
Australian Institute of Tourism Officers
PO Box 42
Nowra NSW 2541
Australia
P 02 4429 3248
F 02 4429 3171
M 04 2128 7777

Transcript

1.

A.C.N. 002 288 413 P.O. Box 178, Civic Square Post Office, CANBERRA, A.C.T. 2608
Phone 02 4429 3248. Fax 02 4429 3171. Mobile 0416 275 715. email phillips@shoalhaven.nsw.gov.au
File No. 2459-02
2 June 2004
Mr. Tim Grimwade
General Manager
Adjudications Branch
Australian Competition & Consumer Commission
P O Box 1199
DICKSON ACT 2602
Dear Mr. Grimwade,
This letter is to firstly acknowledge your letter dated 31st March, 2004 and your subsequent letter dated 26th May, 2004 concerning applications for authorisation lodged by the Department of Industry, Tourism and Resources relating to preferential/exclusive treatment of accredited tourism businesses (A90912 and A90913).

The position that the Australian Institute of Tourism Officers is that it supports the applications for authorisation from the Commission. The basic reasons for the Australian Institute of Tourism Officers supporting the application is that it does not view the accreditation of Visitor Information Centres as anti competitive arrangements or conduct as the fundamental purpose of achieving an accredited Visitor Information Centre is to ensure that the standard of service offered to the general public is of the highest possible to be achieved and to deliver that service in the most professional way.

The Australian Institute of Tourism Officers does not see any public detriment at all and can only see a public benefit with such arrangements whereby Visitor information Centres must achieve accreditation in order to secure the appropriate acknowledgement from Local Government and the various road and traffic authorities as far as signage is concerned.

The Australian Institute of Tourism Officers does not wish to comment on any exclusive or preferential access to a range of other services other than Visitor Information Centres.

The Australian Institute of Tourism Officers notes that the Department of Industry Tourism and Resources has requested the Commission to delay its consultation process in relation to the above application and is also aware that Tourism New South Wales, whilst not a current applicant to the submissions is also waiting for a determination as a result of the submission by the Department of Industry, Tourism and Resources.

Page 2
Accordingly the Australian Institute of Tourism Officers would welcome the opportunity to be re-consulted by the Australian Competition and Consumer Commission after the Department of Industry, Tourism and Resources has provided its amended submission.

I do wish to be kept informed of the developments.

Yours faithfully,

Tom Phillips
President
Australian Institute of Tourism Officers

Transcript

2.
Letter to Tom Phillips, AITO President from Gavin Jones, ACCC Adjudication Director
9 August 2005
Mr Tom Phillips
President
Australian Institute of Tourism Officers
PO Box 178, Civic Square Post Office
Canberra
ACT 2601
Dear Mr Phillips
Applications for Authorisation lodged by the Department of Industry, Tourism and Resources relating to the preferential/exclusive treatment of accredited tourism businesses (A90912 and A90913)

I refer to our letter to you dated 26 May 2004 in relation to the applications for authorisation lodged by the Department of Industry, Tourism and Resources (ITR) relating to ‘preferential’ and/or ‘exclusive’ treatment of accredited tourism businesses. ITR had requested that the Australian Competition and Consumer Commission (the ACCC) delay its consideration of the applications while it drafted amendments to the proposed conduct.

For your information, ITR has now withdrawn its applications for authorisation. Consequently, the ACCC will not be proceeding with its consideration of the applications.

A copy of this letter has been placed in the ACCC’s public register. If you have any further questions about this matter, please do not hesitate to contact Michael Green on 03 9290 1960.

Yours Sincerely
Gavin Jones
Director
Adjudication Branch

Transcript

3.

Letter from Tom Phillips AITO President to Ruth Fagan
Ms Ruth Fagan
Board Member Tourism New South Wales &
Chair of Industry Reference Group for
Visitor Reference Group for Visitor Information
Centres Accreditation
P O Box 7050
SYDNEY
NSW 2001
16TH August 2005
Dear Ruth
Attached please see a copy of a letter from the Australian Competition and Consumer Commission relating to the preferential/exclusive treatment of accredited tourism businesses.

The letter states that the Department of Industry Tourism and Resources had requested the Australian Competition and Consumer Commission to delay its consideration of the applications while it drafted proposed amendments to the proposed conduct .

The Industry Tourism and Resources have now withdrawn their application for authorisation and consequently the ACCC will not be proceeding with its considerations of the applications.

From this I conclude that the ACCC will now continue to look into the preferential and/or exclusive treatment of accredited tourism businesses. This obviously could impact on the Visitor Information Accreditation program throughout New South Wales.

I would like to suggest this matter be referred to the legal team within Tourism New South Wales to secure a definitive statement from the ACCC in relation to this matter.

Yours Faithfully,
Tom Phillips
PRESIDENT
Australian Institute of Tourism Officers

Transcript

4.

H:\Tourism\Ruth Fagan Response.doc
Letter to Tom Phillips, AITO President from Ruth Fagan, Tourism NSW
Mr Tom Phillips
President
Australian Institute of Tourism Officers
PO Box 178
Civic Square Post Office
CANBERRA ACT 2608
13 October 2005
Dear Tom
RE: ACCC IMPLICATIONS FOR VIC ACCREDITATION PROGRAM
I refer to your letter dated 16 August 2005 which raises the issue of the Australian and Consumer Commission (ACCC) treatment of the preferential and /or exclusive treatment of accredited tourism businesses and the possible implication for the NSW Visitor Information Accreditation program.
In 2001, the Department of Industry Tourism and Resources (DITR) had originally lodged (on behalf of the State and Territory Tourism Organisations) “Applications for the Authorisation relating to the preferential/exclusive treatment of accredited tourism businesses”. Around the same time, a new national tourism accreditation framework was being designed. Since then, DITR has delayed the development of the framework and subsequently withdrawn their applications for authorisation from the ACCC.
The legal team within the Department of Tourism, Sport and Recreation cannot provide legal advice to third parties. However Tourism New South Wales is aware that Geelong Otway Tourism (supported by Tourism Victoria) lodged a “Notification of Exclusive Dealing” (third line forcing) with the ACCC in 2004. The notification detailed a proposed policy in which Geelong Otway Tourism will only allow tourism operators who are financial members of a Local Tourism Association affiliated with Geelong Otway Tourism to display their brochures in an officially accredited Visitor Information Centre in the region.
The ACCC responded to this notification by stating that the ‘on the basis of the information provided by Geelong Otway Tourism and other information in the front of the Commission, it is not intended that further action be taken in this matter at this stage…the Commission may act to remove the immunity afforded by this notification at a later stage if it is satisfied that the likely benefit to the public form the conduct will not outweigh the likely detriment to the public from the conduct.”
Therefore based on the ACCC’s response to Geelong Otway, it does not seem necessary to undertake a similar notification process in relation to New South Wales Accredited Visitor Information Centres. If you would like to have further discussions regarding this letter, may I suggest you contact Jane Parker within the Strategy and Planning Unit at Tourism New South Wales on phone 9931 1480 or email: jane.parker@tourism.nsw.gov.au.

Yours Faithfully
Ruth Fagan Chair of Industry Reference Group for
Visitor Information Centres Accreditation.


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