Consumer Redress and Remedies Flashcards
What is the importance of awareness and self-help?
The ACCC maintains websites and has launched free apps to raise awareness among consumers of their rights - helps provide the backing for caveat emptor
The Product Safety Recall website informs consumers about unsafe products that have been recalled while the Scamwatch website warns consumers of exploitation
Self-help is useful because it is resource-efficient and easily carried out
What are three state government organisations that provide remedies for consumers?
NSW Fair Trading
the legislative framework that this body oversees sets the rules for fairness in the daily transactions between consumers and traders
it investigates unfair practices and administers the licensing of operators in a range of industries, from home building to real estate
it provides a statutory public register with information to help buyers of second-hand vehicles and selecting qualified builders and tradespeople for those thinking of building or renovating a house
NSW Ombudsman
a statutory ‘watchdog’ dealing with complaints against the NSW government
lists the type of services consumers can lodge a complaint about, including organisations delivering community service in NSW
it conducts reviews of people in care and can assist anyone who is a consumer of Community Service in NSW
Legal Aid NSW
an independent statutory body that provides legal advice and assistance to socially and economically disadvantaged people
gives talks in schools, community centres and libraries to educate the public about the law, people’s legal rights & responsibilities, and services available
What is the role of three federal government organisations in providing consumer redress?
Commonwealth Consumer Affairs Advisory Council - provides independent advice to the Minister for Competition Policy and Consumer Affairs
it compiled a report on statutory implied conditions & warranties in 2009 to inform the development of the ACL in 2010
Australian Securities & Investment Commission - independent body which regulates Australia’s corporate and financial services sector, and ensures financial markets are fair & efficient
among its responsibilities is the enforcement of the Australian Securities & Investment Commission Act 2001 (Cth) which covers investments, superannuation, credit activities, insurance and financial advice
ASIC licences financial services businesses, conducts public education initiative for consumers, provides information to businesses to help them fulfil their obligations and monitors compliance through surveillance
Australian Competition & Consumer Commission - administer the ACL, promoting competition and fair trade in the marketplace, preventing monopolies
the ACCC complements state consumer affairs agencies, provides education to consumers and businesses about the relevant laws, and regulates national infrastructure industries, which include communications, energy, water, post and transport
In 2008, the ACCC initiated the prosecution of packaging & recycling group Visy Industries Pty Ltd; they were fined $36 million for preaching the Trade Practices Act 1974 (Cth) by engaging in illegal cartel behaviour with rival packaging company Amcor Ltd.
What are three types of industry based organisations created to provide remedies for consumers?
Industry Based Dispute Resolution
Some industry groups have developed complaint handling and dispute resolution schemes designed to provides consumer remedies
Masters Builders Australia is an employer’s group which represents and protects businesses in the building & construction industry; they have a national code of practice setting out acceptable standards for commercial behaviour, by which its members are bound
Consumers can make a complaint to the association, but its primary duty is to its members
Customer Focused Corporate Compliance Programs
Other companies have internal self-regulatory programs that aim to ensure the business meets its legal obligations to consumers
Industries in this approach embrace measures to improve relations with customers
Some companies adopt simple programs with a complaints handling system and staff training, while others have a team dedicated to compliance, regular risk assessments & reviews, detailed guidelines and regular staff education programs
Industry Based Ombudsman
An industry-based ombudsman takes complaints from citizens or consumers about companies, workplaces or providers and investigates those complaints in order to reach a resolution
This scheme provided affordable dispute resolution for consumers who would face considerable cost and complexity if they had to take matters to court
The Telecommunications Industry Ombudsman provides a free, independent dispute resolution service for consumers who have a complaint about their telephone or internet service in Australia
Australian residential consumers and small businesses made 60,998 complaints to the Telecommunications Industry Ombudsman in the last six months of 2018
What is the role of three tribunals and courts in providing remedies to consumers?
NSW Civil & Administrative Tribunal - a combination of 22 former tribunals
its consumer and commercial division is responsible for resolving disputes between tenants, landlords, traders and consumers in a timely manner
its website provides forms & Youtube videos that aim to make NCAT a process consumers and traders can use without needing legal representation
it conducts hearings across 70 locations in NSW
the tribunal can make a range of orders of up to $40,000
Baxter v Telegate Pty Ltd (2017) - Baxter was claiming a full refund on the grounds of unacceptable quality; NCAT dismissed application after finding no major failure that could not be rectified with minor repairs under the ACL
Federal Circuit Court
under the Competition & Consumers Act 2010 (Cth), has jurisdiction with respect to the ACL, misuse of market power & industry codes
can provide injunctive relief & award damages up to $750,000
Federal Court hears high-profile ACL cases of public interest, such as matters including mergers, misuse of market power, exclusive dealing or false advertising consumers can reduce costs by joining class actions, which allow aggrieved consumers with similar complaints to pursue collective legal action
What is the role of three NGOs in relation to consumer redress?
Financial Rights Legal Centre (NSW) & The Redfern Legal Centre - community legal centres that specialise in issues related to financial services, such as consumer credit, banking and debt recovery
CHOICE - a non-profit organisation that researches and campaigns on behalf of consumers, providing a magazine with independent advice on product quality
Consumers Federation of Australia - the national peak body for Australian health care consumers, whose members include legal centres, local organisations and public interest bodies
