Speaking at the Australian Compliance Institute’s 30th anniversary conference, ACCC Deputy Chair Catriona Lowe reflected on the shared history of the Australian Competition and Consumer Commission (ACCC) and the compliance profession. She noted that competition and consumer enforcement in the 1990s helped establish expectations for genuine compliance cultures and effective programs. The Australian Compliance Institute was founded in 1996 with ACCC support, and early work on compliance programs contributed to an Australian standard that became a template for the international ISO standard.

Lowe said that although markets, business models and technologies have become more complex, the core task remains embedding compliance into how organisations operate. Effective compliance requires leaders to set the tone, internal systems to identify and manage risks, channels for employees and customers to raise concerns, and processes that escalate significant issues to decision-makers. Businesses should prevent misconduct through appropriate systems, training and product or service design, rather than relying only on enforcement after harm occurs.

She cited recent ACCC cases to illustrate these expectations. In proceedings involving Beacon Products, Zandox Group and director or shadow director Mr Skry, the court found that consumers were deceived into believing they had ordered goods and had to pay for them, and that their refund rights were obscured. The court found Mr Skry knew about and participated in the sales tactics. Lowe also referred to Bupa, which was fined $35 million after members were incorrectly told they could not claim certain private health insurance benefits. The court found that staff lacked consistent instructions and training for assessing mixed coverage claims and that Bupa’s systems incorrectly rejected them.

On competition, Lowe said compliance professionals need to distinguish legitimate collaboration from arrangements that restrict competition, and assess the overall effect of commercial arrangements rather than isolated clauses. She noted that the ACCC updated its authorisation guidance in June and provides guidance on sustainability-focused collaboration. The ACCC accepted undertakings from REA Group and logistics company Sea Swift to remove contract terms that restricted competition: REA Group’s terms required agencies to list properties on realestate.com.au, while Sea Swift’s terms had the potential to prevent competing freight providers from winning customers.

Lowe highlighted harmful consumer practices that may not be adequately addressed by existing Australian Consumer Law provisions, including difficult-to-cancel subscriptions and digital “dark patterns” that manipulate purchasing decisions. Reforms commencing in July next year will introduce a principles-based prohibition on unfair trading practices, prominent disclosure of transaction-based fees, clearer disclosure of key subscription terms and easier cancellation. The ACCC is encouraging businesses to review their models and processes ahead of commencement and plans to provide practical guidance and targeted education.

Businesses adopting AI should build compliance into the technology’s design, purchase and use, Lowe said. AI can improve access to information, comparison and productivity, but can also make scams, misleading claims and manipulative practices more convincing and harder to detect. Businesses remain responsible for misleading information provided through AI tools. Competition risks may arise when algorithms facilitate coordination between competitors or when third-party pricing tools use competitively sensitive information from multiple market participants. Businesses should understand how systems are designed, what data they use or share, and whether they undermine independent competitive decision-making. Customer service systems should also provide effective assistance and escalation when chatbots cannot resolve problems.

Lowe also discussed the Scams Prevention Framework, which establishes shared responsibility for preventing scams connected with designated services. Banking, telecommunications and specified digital platform sectors will have obligations to prevent, detect, disrupt, respond to and report scams. The framework is being implemented in stages, with key sector code and rule obligations taking effect on 31 March 2027. Designated businesses are already required to join the Australian Financial Complaints Authority for external dispute resolution. The ACCC’s National Anti-Scam Centre will share intelligence and coordinate with the Australian Securities and Investments Commission and the Australian Communications and Media Authority.

Finally, Lowe described proposed modernisation of Australia’s product safety framework in response to online purchasing, including from overseas sellers. Potential reforms include broader and simpler mandatory reporting, improvements to recalls, specific safety obligations for online marketplaces and general safety protections under the Australian Consumer Law. The ACCC supports reforms that address harm while avoiding unnecessary regulatory burdens. Lowe concluded that regulators and compliance professionals must work together to keep compliance, enforcement and regulation effective and proportionate as markets change.