Damian Paull - ARCA (Handout)
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Transcript of Damian Paull - ARCA (Handout)
PRINCIPLES OF RECIPROCITY AND DATA EXCHANGE
(PRDE)
The PRDE is a set of agreed principles between Credit Providers and Credit
Reporting Bodies that voluntarily become signatories.
The PRDE ensures that signatories have trust and confidence in their credit reporting
exchange.
The intention of the PRDE is to create a clear standard for the management, treatment
and acceptance of credit related information amongst signatories.
Two key features of the PRDE are adherence to:
- The ACRDS; and
- The principles of reciprocity for signatory data contribution.
The PRDE creates three Tier Levels of credit reporting exchange.
For Further Information: For a Signatory Information Pack:
James Newbury Rob Falvo
Industry Affairs Manager Industry Engagement Manager
M: 0423 289 079 M: 03 9863 7861
E: [email protected] E: [email protected]
Note:
The enclosed handout is a simplification of the Principles of Reciprocity and Data
Exchange and is only intended as a summary guide. For a comprehensive
understanding, please refer to the source document itself available on the ACCC
website: http://www.accc.gov.au/.
PRINCIPLE 1:
The obligations under this PRDE shall be binding and enforceable upon PRDE
signatories. PRDE signatories agree to execute the Deed Poll to make this PRDE and the
authority of the PRDE Administrator Entity (and through it, the Industry
Determination Group and Eminent Person) effective and binding.
Obligations on Signatory Credit Providers
CPs will only obtain the supply of credit reporting information from a CRB that is a
PRDE signatory.
(Paragraph 8)
CPs will nominate a single Tier Level at which they will obtain information.
(Paragraph 9)
A CP will only supply partial information or comprehensive information to the extent
permitted under the PRDE.
(Paragraph 11)
Where a CP has chosen to contribute negative information they must contribute the
following types of information: identification information, default information,
payment information and new arrangement information.
(Paragraph 19)
A CP may elect to specify a Designated Entity. The Designated Entity must choose a
supply Tier Level and contribute credit information consistent with that Level.
(Paragraph 22 and 23)
When contributing default information, a CP must ensure it is contributed within a
reasonable timeframe of the account becoming overdue.
(Paragraph 20)
A Designated Entity must operate under its own brand, and have in place systems and
processes to ensure partial and/or comprehensive data is not transferred outside the
Designated Entity.
(Paragraph 26)
Obligations on Signatory Credit Reporting Bodies
CRBs will only supply credit reporting information to a CP to the extent permitted
under the PRDE.
(Paragraph 4)
A CRB may supply negative information to any person and it is not necessary for that
person or organisation to be a signatory to this PRDE.
(Paragraph 17)
Obligations on All Signatories
CPs and CRBs will pay such costs identified by the PRDE Administrator as required
to administer the PRDE.
(Paragraph 7 and 13)
PRINCIPLE 2:
It is necessary to be a PRDE signatory in order to exchange PRDE signatory Consumer
Credit Liability Information (CCLI) and Repayment History Information (RHI) with
other PRDE signatories.
Obligations on Signatory Credit Providers
A CP will only contribute and obtain supply of partial information and comprehensive
information from a CRB which is a signatory to this PRDE.
(Paragraph 39)
A CP must contribute partial information or comprehensive information before
obtaining supply of this data from another PRDE signatory.
(Paragraph 34)
A CP must notify the PRDE Administrator of their Securitisation Entities.
(Paragraph 40)
A Securitisation Entity can only obtain credit reporting information that would have
been accessible to the CP.
(Paragraph 41)
Obligations on Signatory Credit Reporting Bodies
A CRB must be a signatory to the PRDE to to receive partial or comprehensive
information.
(Paragraph 35)
PRINCIPLE 3:
Service agreements between PRDE signatories will require reciprocity and the use of
the ACRDS.
Obligations on Signatory Credit Providers
CP signatory contributed data must comply with the ACRDS, but the CP can obtain a
service that converts the data into a compliant format.
(Paragraph 50)
Obligations on Signatory Credit Reporting Bodies
A CRB will only accept contributed information that is ACRDS compliant.
(Paragraph 48)
CRBs must not constrain CPs from contributing credit information to another CRB.
(Paragraph 51)
Obligations for Service Agreements
Service agreements must:
- Require that CPs contribute information at their nominated Tier Level,
- Require that CRBs to supply information at the nominated Tier Level,
- Require CP contributed information to adhere to the ACRDS.
(Paragraph 47)
PRINCIPLE 4:
PRDE signatories agree to adopt transition rules which will support early adoption of
partial and comprehensive information exchange.
Obligations on Signatory Credit Providers
At their effective date, a signatory CP to the PRDE must contribute at least 50% of the
accounts at their nominated tier level.
(Paragraph 54a)
Within twelve months of their effective date, a signatory CP must contribute all
information at their nominated tier level.
(Paragraph 54b)
On changing tier levels, a CP must notify the Administrator at least 90 days before
contributing information at the new level.
(Paragraph 55a)
If a CP seeks to change tiers to a higher level, they must contribute 50% before
accessing the higher tier and within twelve months contribute all information required
of the nominated tier.
(Paragraph 55b)
CPs must notify the Administrator upon attainment of full compliance and that
notification will be published to other signatories.
(Paragraph 57)
Obligations for Data Supply
Data supply transition will:
- For partial information, supply will include accounts which are open at the date of
first contribution and then all consumer credit accounts on an ongoing basis.
(Paragraph 58b)
- For comprehensive information, supply will include accounts which are open for a
period of three calendar months prior to the first contribution and then all consumer
credit accounts on an ongoing basis.
(Paragraph 58c)
Obligations for the Acquisition of Consumer Credit Accounts
Where a CP acquires consumer credit accounts from another CP:
- They may review them in a period of 90 days,
- Then must contribute at least 50% of the accounts required,
- And within 12 months they must contribute all of the accounts acquired.
(Paragraph 59 and 60)
PRINCIPLE 5:
PRDE signatories will be subject to monitoring, reporting and compliance
requirements, for the purpose of encouraging participation in the exchange of credit
information and data integrity
Dispute Process
The principle sets out an agreed process for addressing non-compliance with the
PRDE that signatories are required to adhere to.
(Paragraph 65)
Signatories must comply with the recommendations or directions of the Industry
Determination Group and the Eminent Person within the time they specify.
(Paragraph 93a)
Stage One Dispute
Where a signatory forms an opinion that another signatory is not compliant with the
PRDE they must issue them with a report of non-compliance and within 30 days
confer, respond and seek to develop a Rectification Plan. If the Rectification Plan
results in compliance within that 30 day period, the dispute is closed.
(Paragraph 66 to 68)
Stage Two Dispute
If the Rectification Plan is entered into but the non-compliant conduct is not resolved,
the Plan is made available to all signatories who have an opportunity to object.
(Paragraph 69, 71 to 73)
Stage Three Dispute
If there is no Rectification Plan entered into within the Initial Period and the conduct
remains non-compliant, an Industry Determination Group will convene, review a
dispute and issue a recommendation. This may include a conciliation process.
(Paragraph 70, 75 to 81)
Eminent Person
In the event either or both of the parties reject a recommendation of the Industry
Determination Group, the dispute will be referred to the Eminent Person for review
and a final binding decision.
(Paragraph 83 to 88)
Compliance outcomes
The possible outcomes of the IDG or EP are that the respondent is compliant, issuance
of a formal warning, issuance of a direction or finally a requirement that the
respondent obtain supply at a lower Tier Level.
(Paragraph 89)
PRINCIPLE 5 (Continued):
Reporting Obligations for the Administrator
The PRDE Administrator Entity will keep a register of signatories and their signature
date, effective date, nominated tier, designated entities, securitisation entities and
compliance attestation.
(Paragraph 102)
The PRDE Administrator Entity will report to CPs the Tier Levels of signatories,
Designated Entities, Securitisation Entities and Attainment of full compliance.
(Paragraph 104)
The PRDE Administrator Entity will, upon request, report to CRBs the following
information about a CP, their Tier Level, Designated Entities, Securitisation Entities
and Attainment of full compliance.
(Paragraph 105)
The PRDE Administrator Entity may initiate a report of non-compliant conduct.
(Paragraph 107)
PRINCIPLE 6:
A broad review of the PRDE to be completed after three years.
The PRDE will be independently reviewed after it has been in operation for 3 years
and at regular intervals after that (not more than every 5 years).
(Paragraph 109)
The PRDE may be varied if required, after sufficient consultation with signatories.
(Paragraph 111)