There has been much in the press recently in relation to the Australian Senate inquiry into the franchising industry. With the public hearings and submissions now closed, a report is expected by 6 December 2018. We set out a summary of the key events so far in the inquiry, and what is still to come.
What is the scope of the inquiry?
The Senate inquiry is tasked with determining the operation and effectiveness of the Franchising Code of Conduct (the Code), as well as the Oil Code of Conduct (which deals with the conduct of wholesales and resellers of petrol). In doing so, the Senate set specific terms of reference that it was to consider:
The inquiry had a very broad ambit to consider the franchising industry as a whole and make recommendations as to legislation which would guide future changes.
What did the inquiry involve?
The inquiry accepted written submissions which addressed the scope of the inquiry up until 4 May 2018. It received approximately four hundred written submissions from not only franchisors and franchisees, but other interested parties such as individuals, companies, franchisee associations and other industry groups, law firms and government departments.
The inquiry conducted public hearings in June 2018. At these public hearings, a range of parties (from franchisees to franchisors, academics and industry groups) were invited to address the parliamentary joint committee in person.
Next steps
The Parliamentary Joint Committee on Corporations and Financial Services will submit a report to parliament by 6 December 2018 with its recommendations in relation to changes to legislation, regulation and government policy. It will then be an issue for parliament as to what recommendations or legislative changes it adopts.
It is very likely that some change will result from the inquiry. In particular, we expect that the Code will be strengthened to require greater disclosures by franchisors. But, time will tell.