Ornamental Franchise Law and Regulation in Australia
In Australia the name Tony Fitzgerald is synonymous with both corruption and absolute ethical standards.As a former Australian judge he presided over the 1987 Fitzgerald Royal Commission into Queensland Corruption and became a hero to many Australians.
It began with an investigation into police corruption and in the blink of an eye rested in the political arena. Some might ask what this has to do with franchising and others might answer; ‘Everything!’
The failed outcomes of so many federal and state inquiries since 1976 into franchising where it was always to become clear that outrageous abuses of the power imbalance in franchising were delivering catastrophic outcomes for endless generations of susceptible franchisees and their families is now the standard. Perhaps Australia needs another Fitzgerald Inquiry into the influence of political and lobbyist interaction in the franchising sector.
The well-connected, and often wealthy, are given access to and influence over the political process. Decisions favouring special interests are common. "Media management" insults and confuses the electorate, which is denied the comprehensive accurate information which is essential to the proper functioning of democracy.Little glory in polluted politics
Unfortunately the 68 year old Mr Fitzgerald is retiring and there seems no one else with an absolute record of accountability and ethics or a government that is interested in getting transparent and reasonable outcomes at any time in the future. Why would a federal government investigate federal government corruption?
Decisions favouring special interests are common. Secrecy and misinformation, euphemistically called "spin" are routinely employed. Media management as it's called insults and confuses the electorate, which is denied the comprehensive accurate information which is essential to the proper functioning of democracy.
Most if not all conventions concerning standards of political conduct, which the Westminster system once incorporated, such as ministerial responsibility are now obsolescent. Last Interview with Fitzgerald: Democracy is Bent
Clearly Mr Fitzgerald sees governments as ‘you scratch my back and I’ll scratch yours very quietly’. Without a Royal Commission into franchising lobbyists buying ‘status quo’ franchising, Australian franchisees will consider yet another era of corruption.
The performance of the Australian Competition and Consumer Commission's Graeme Samuel in regluating franchising has been at best questionable.
Nothing has changed in franchising outcomes in Australia and nothing will following this latest federal opportunity.
Given that Prime Minister Rudd demands and extols his total control over all government decisions, Australian franchisees would be right to wonder what influences control his apparent ignorance.
Given that the Labor Party was not in government for more than a decade perhaps the opportunities to mingle with so many ‘special interest groups’explains the endless list of ‘Inquiries’ instigated by the Rudd government since it won office in 2007.
And forget the spin; this is how a ‘free market’ really works.
Related Reading:
Tony Fitzgerald Accountability Round Table
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