Chapter 7.9

Question 1

Introduction to CAV

Answer 1

consumer affairs victoria (CAV) regulates consumer laws. its purpose is to help ensure that victorians are informed about consumer laws and to ensure that businesses are complying with those laws.
- CAV advises the Vic gov on consumer legislation
- Provides info and guidence to educate people about consumer laws
- enforces compliance with consumer laws

Question 2

rights and responsibilities - Housing

Answer 2

• renting, buying and selling property, building and renovating, owners and corporations; retirement village

Question 3

rights and responsibilities - products and services

Answer 3

refunds, returns, repairs, warranties, energy products and services, online shopping, contracts, advertising

Question 4

rights and responsibilities - cars

Answer 4

buying and selling new and used cars, pricing, cooling off period, warranties, leasing, trade ins

Question 5

rights and responsibilities - licensing and registration

Answer 5

apply for, renew, update and cancel a licence or registration, lodge an annual statement, legal responsibilities

Question 6

rights and responsibilities - clubs and fundraising

Answer 6

register, update, manage or search for an incorporated association, fundraiser or patriotic fund

Question 7

rights and responsibilities: - resources and tools

Answer 7

forms and publications, legislation, languages, scans, Koori and disability resources, advice in a disaster

Question 8

purpose of CAV in resolving disputes

Answer 8

• to help people come to an agreement about how to resolve their disputes efficiently without any cost to them
• to try help the parties reach a resolution that is consistent with the law. in helping parties resolve their disputes, CAV has a compliance focus to ensure that any person who has not complied with the law is aware of that and does not breach the law again

Question 9

CAVS jurisdiction

Answer 9

CAV is limited to assisting people in relation to disputes, it deal with
- disputes between purcheses and suppliers, or consumers and suppliers, about the supply or possible supply of goods or services such as disputes about faulty products
- disputes between a tenant and landlord such as rental agreement , rent, dispute about repairs

Question 10

dispute resolution methods used

Answer 10

CAV primarly offers dispute resoltion services over the phone to try resolve the dispute. in some cases, more tailored services can be provided such as an in person concilation

Question 11

Jurisdiction

Answer 11

The lawful authority or power of a court, tribunal or other dispute resolution body to decide legal cases

Question 12

appropriateness of CAV

Answer 12

• whether the other party is unlikely to take conciliation seriously
• whether one party would prefer the formality
• whether the matter is too big or complex
• whether the dispute is within CAVS jurisdiction or power
• whether the consumer or tenant has tried to resolve the matter themselves
• whether the complain justifies or needs CAVs
• whether there has been a breach of legislation
• whether the consumeris vulnerable
• whether the issue is likely to be resolved
• whether they can resolve the dispute themselves
• whether dispute is resolved best by court

Question 13

strength + weaknesses of CAV

Answer 13

strength:
- CAVS conciliation service is free
- Conciliation process is informal
- CAV ensures procedural fairness
- assessed disputes individually, reducing waste of time
- ensures that parties reach a resolution themselves
weakness:
- CAVS assistance is limited mainly to consumer and CAV disputes
- has no power to compel parties to undergo concilation
- has now powers to enfore any decision reached by parties in conciliation
- not all cases accepted by CAV
- CAV is not appropriate for large and complex disagreements