institutions (CAV)

Question 1

what is CAV?

Answer 1

consumer affairs Victoria is our consumer affairs regulator and a complaints body in the area of consumer law.

Question 2

what roles does CAV have?

Answer 2

advising the government about consumer legislation, providing information to people about consumer laws, and enforcing compliance with consumer laws.

Question 3

what are the purposes of CAV’s dispute resolution service?

Answer 3

help people settle their consumer law disputes efficiently (quickly), constructively (effectively), and without any cost (free).

Question 4

what is the main method used by CAV to resolve disputes?

Answer 4

conciliation.

Question 5

what does conciliation at CAV look like?

Answer 5

• usually conducted over the phone
• CAV cannot compel parties to attend conciliation, it is voluntary.
• free of charge for both parties.

Question 6

what questions will CAV consider when deciding whether to offer a dispute resolution service?

Answer 6

1. is the dispute within CAV’s jurisdiction?
2. is the dispute likely to be resolved through conciliation by CAV?
3. is there a better way to resolve this dispute?

Question 7

what comes under ‘is the dispute within CAV’s jurisdiction’?

Answer 7

• supply of goods and services (only consumers, not businesses).
• residential tenancies (only tenants, not landlords).
• retirement villages.
• owners corporations.

Question 8

what comes under ‘is the dispute likely to be resolved by CAV through conciliation’?

Answer 8

• has the other party previously refused conciliation?
• has the business made a reasonable offer that was rejected by the consumer?
• is the dispute overly subjective? (haircut).

Question 9

what comes under ‘is there a better way to resolve the dispute’?

Answer 9

• could the dispute be resolved through informal negotiation?
• would one of the parties prefer the formality of a court or tribunal?

Question 10

what are CAV’s strengths?

Answer 10

• free so it is accessible to all Victorians.
• informal and can be conducted over the phone (helps people with court anxiety).
• ensures procedural fairness by allowing both sides to present their case and rebut the other side.

Question 11

what are CAV’s weaknesses?

Answer 11

• role is limited to consumer and landlord disputes; does not have the power to assist in many other disputes.
• no power to compel parties to undergo conciliation.
• no power to enforce any decisions reached by the parties in conciliation.