Hawaii Pty Ltd and Tracy Burling
Issue Date: - Tuesday, 19 February 2008
A former director of a Scarborough travel agency has been disqualified from holding a travel agents licence or working for a licensed travel agent for two years following disciplinary action in the State Administrative Tribunal (SAT).
Tracy Burling of Mosman Park and her former company Hawaii Pty Ltd admitted making numerous misrepresentations including through fabricating documents concerning the sale of travel insurance to a customer.
A twelve month banning order was imposed by the Australian Securities and Investments Commission (ASIC) preventing her from providing financial services following an ASIC inquiry into her conduct.
“Ms Burling took money from a customer supposedly for an HBF travel insurance policy, a product which she had no authority to sell,” Consumer Protection Commissioner Patrick Walker said.
The customer and her family thought they had taken out travel insurance for their 12-month trip. Ms Burling overlooked placing a policy of insurance. Upon returning home, the customer tried to make a claim for $1,350 worth of medical expenses and lost luggage. However no insurance policy existed.
In his submissions to the SAT, Consumer Protection’s lawyer Sean Dworcan said that what then followed was months of deceit by Ms Burling who tried to cover her initial mistake. She gave the customer a fictitious HBF policy number and went so far as to forge documents including letters, receipts and even a cheque to make out as if she had placed the insurance. She told countless lies and in one instance committed a fraud.
Ms Burling not only lied to the customer but also misled on several occasions her franchisor and others investigating the matter. In the end, the franchisor cancelled Hawaii’s franchise.
“It was thanks to the perseverance of the customer over several months that they did not end up out of pocket, and only sheer good luck that nothing serious happened to them whilst overseas that would have required legitimate travel insurance,” Commissioner Walker said.
“This matter clearly showcases some of the most unethical and dishonest behaviour we have seen in the travel industry.
“Ms Burling repeatedly lied over a long period of time showing a blatant disregard for her customer and a total absence of the level of honesty and integrity required of people working in this industry.
“Legitimate hard-working travel agents would be rightfully appalled by her conduct which casts blight on honest operators,” he said.
Anyone experiencing difficulty with a travel agent should seek assistance from Consumer Protection by telephoning 1300 30 40 54 or emailing consumer@docep.wa.gov.au <mailto:consumer@docep.wa.gov.au> .