Get documents about "Enquiries Policy
Document Sample
Enquiries
Policy
August 2004
C-26-01
Enquiries Policy
1.1 Policy Purpose 1.2.3 Consumer Affairs Victoria's
approach
The purpose of the Enquiries Policy is to set out the
Our approach to dealing with consumer and tenancy
principles adopted by Consumer Affairs Victoria (CAV)
enquiries is:
in responding to enquiries from consumers and tenants,
• Consumers are advised first to contact the business
businesses and landlords.
or organisation that supplied the goods or services
and are assisted with strategies for doing so
• Consumers are provided with information regarding
1.2 Policy Statement
the application of the legislation administered by CAV
to practical issues they raise, including whether the
1.2.1 Introduction issue provides grounds for a complaint
• Consumers are referred to the CAV website or sent
Consumer Affairs Victoria is committed to providing accurate a publication where they do not have access to
information to consumers and traders, businesses and landlords internet facilities. Attachment 3 is a list of CAV’s
so they can avoid disputes and exercise their rights. We receive publications as at August 2004
phone calls, enquiry letters, emails, on-line requests and • Consumers are referred to other specific bodies in
counter visits from consumers, traders, tenants, landlords and the following circumstances:
real estate agents. The aim is to empower parties to resolve 1. Where a complaint falls within the jurisdiction of
issues without the need for further CAV intervention. Where a any of the bodies prescribed under section
matter can not be resolved between two parties advice on 104 of the Fair Trading Act 1999
other avenues for assistance is provided. 2. Where there is an alternative effective ADR scheme
that might be accessed by the enquirer to deal
1.2.2 Jurisdiction with the specific issue, including ADR schemes
that are approved under the Corporations Act
We have jurisdiction to deal with consumer and tenancy
by ASIC and approved by CAV
enquiries and complaints across a range of legislation. A list
3. Where matters relate to "neighbourhood disputes"
of the legislation administered by CAV is at Attachment 1.
the Dispute Settlement Centre Victoria (DSCV) is
the appropriate body.
1
4. Where matters give rise to issues that are national In some circumstances a complaint will be accepted over
in character or that are dealt with by an alternative the telephone:
national regulator or ombudsman such as ASIC, • Where complainants are unable to make a written
the ACCC, ACA, TIO or the Superannuation complaint because of special circumstances, such as
Complaints Tribunal. illiteracy, language difficulties, other impairment
5. Where the trader is not in Victoria, CAV will refer • Where complainants are in need of urgent assistance
the enquirer to the relevant Fair Trading agency in such as threatened or actual repossession of property,
the state of origin of the trader or to the ACCC or a credit issue relating to a threat of bankruptcy or
ASIC if the alleged conduct involves a national or harassment, disconnection of utilities to tenanted
multi-state firm and is indicative of conduct that premises.
reaches beyond one State In these circumstances and in other circumstances where
6. All enquirers can go to the Victorian Civil and enquirers may be vulnerable and disadvantaged, CAV
Administrative Tribunal (VCAT). We will refer to may refer them for additional assistance such as:
VCAT those enquirers whose: • Face to face assistance in the provision of information
• issue does not fall within CAV’s conciliation and or other forms of assistance relating to a consumer or
enforcement criteria, and tenancy issue, and/or
• reasonable steps to resolve the complaint have • Assistance in preparation of a VCAT hearing, and/or
failed to reach an agreement as to the facts of • Appearing with a client at a VCAT hearing.
the dispute with the trader.
Consumers may telephone CAV seeking advice about
Attachment 2 is a list of organisations that can deal with traders in a specific industry or asking about the reliability of
specific issues. a particular trader. We generally advise enquirers they
Enquirers will be invited to make a written complaint to should shop around, talk to friends and family and perhaps
CAV in circumstances where: make enquiries with a relevant industry association.
1. the subject matter of the complaint falls within the Consumers are not informed about actions taken by CAV
jurisdiction of CAV and is not appropriate for in relation to specific traders where:
referral to another body • Without prejudice discussions have been held
2. the circumstances give rise to an allegation that the • Formal written warnings have been given
conduct appears to be a breach of implied • An infringement notice has been issued, and/or
contractual rights or consumer legislation • The trader is subject of a disciplinary action.
3. the conduct complained of relates to areas CAV
In these cases no formal offence will have been proved
believes warrants its involvement in the interests of
against the trader.
consumer protection or the promotion of a
confident and informed marketplace, including Consumers may be informed about traders in circumstances
targeted industries or targeted traders where the information is publicly available including:
4. The consumer has made a reasonable attempt to • where enforceable undertakings appear on the public
resolve the dispute with the trader register
5. The complaint does not relate to a breach of • corrective advertising has been undertaken by a trader
contract by the consumer • the trader has been publicly named, and
6. The complaint appears reasonably likely to be • where court action has concluded or been
settled, and commenced against the trader.
7. VCAT or the Courts have not already determined
the matter, or there is no case pending.
Enquirers will be informed that CAV can attempt to
conciliate a dispute but cannot compel a trader to resolve
an issue. Enquirers will also be informed of their options to
go to VCAT and seek civil remedies in the Tribunal or courts.
2
1.4 Definitions
Term Definition
Information Information means the provision of general information to consumers relating to their
rights and responsibilities under the legislation administered by Consumer Affairs
Victoria and recommending action to take
Advice Advice may be given as to how best to utilise the information provided.
Complaint A complaint is an expression of discontent or fault-finding and is received in writing in
most cases.
Conciliation services Conciliation services are provided by CAV to resolve disputes between consumers and
traders, landlords and tenants. Conciliation services are provided usually by telephone
and involve the conciliator providing advice on rights and responsibilities and suggesting
a reasonable outcome to a dispute.
Referral Referral means providing information about the most appropriate organisation to assist
the consumer.
Reasonably likely to be settled In CAV's view the dispute is reasonably likely to be settled where:
• The consumer has already made reasonable attempts to resolve the matter
themselves
• The consumer has not contributed to the dispute through inappropriate
behaviour
• The dispute is not overly subjective, for example in relation to quality issues
regarding dressmaking, dry cleaning or hairdressing
• Our database of complaints does not indicate that the trader concerned has
previously refused to participate or is not amenable to the conciliation process
• The complaint is current and has not been unreasonably delayed, and
• In Consumer Affairs Victoria's view, the trader has not already made a reasonable
offer of redress which has been rejected by the consumer.
3
Attachment 1:
Legislation Administered
by Consumer Affairs
Victoria
Acts of Parliament assigned to the Minister for Consumer Affairs as at 30 June 2004
1. Associations Incorporation Act 1981
2. Business Licensing Authority Act 1998
3. Business Names Act 1962
4. Carriers and Innkeepers Act 1958
5. Chattel Securities Act 1987 (Except Part 3 – which is administered by the Minister for Transport)
6. Collusive Practices Act 1965
7. Companies (Administration) Act 1981
8. Consumer Credit (Victoria) Act 1995
9. Co-operatives Act 1996
10. Credit Act 1984
11. Credit (Administration) Act 1984
12. Credit Reporting Act 1978
13. Defence Reserves Re-employment Act 1995
14. Discharged Servicemen’s Preference Act 1943
15. Disposal of Uncollected Goods Act 1961
16. Domestic Building Contracts Act 1995 (Except Part 5 – which is administered by the Attorney-General)
17. Estate Agents Act 1980
18. Fair Trading Act 1999
19. Frustrated Contracts Act 1959
20. Fuel Prices Regulation Act 1981
5
21. Fundraising Appeals Act 1998
22. Funerals (Pre-Paid Money) Act 1993
23. Goods Act 1958
24. Hire-Purchase Act 1959
25. House Contracts Guarantee Act 1987
26. Introduction Agents Act 1997
27. Landlord and Tenant Act 1958
28. Liquor Control Reform Act 1998
29. Marketable Securities Act 1970
30. Motor Car Traders Act 1986
31. Partnership Act 1958
32. Patriotic Funds Act 1958
33. Petroleum Products (Terminal Gate Pricing) Act 2000
34. Petroleum Retail Selling Sites Act 1981
35. Prostitution Control Act 1994
36. Residential Tenancies Act 1997 (ss.24, 25, 27, 32, 33, 45-48, 74-77, 82, 90, 91, 102, 103, 104(1), 104(4), 104(5), 105(2),
105(3), 124, 128, 130-134, 141-212, 214, 215, 230, 232-234, 241, 277, 291-333, 335-341, 343-366, 373-376, 385,
388, 390, 395-398, 400-439, 486-504, 506-511; s.66 (1) jointly with the Minister for Housing; the Act is otherwise
administered by the Attorney-General, the Minister for Housing and the Minister for Planning
37. Retirement Villages Act 1986
38. Sale of Goods (Vienna Convention) Act 1987
39. Sale of Land Act 1962
40. Sea-Carriage Documents Act 1998
41. Second-Hand Dealers and Pawnbrokers Act 1989
42. Subdivision Act 1988 – Part 5; section 38; and section 43 insofar as it relates to Part 5 and section 38. The Act is otherwise
administered by the Minister for Planning.
43. Trade Measurement Act 1995
44. Trade Measurement (Administration) Act 1995
45. Travel Agents Act 1986
46. Trustee Act 1958
47. Trustee Companies Act 1984 (this Act is jointly administered with the Treasurer)
48. Utility Meters Control (Metrological Controls) Act 2002
6
Attachment 2:
Other Organisations
Body Role
S.104 Fair Trading
The Ombudsman Enquires into or investigate complaints concerning
administrative actions taken by any government department,
public statutory body or by officers or employees of any
municipality to which the Ombudsman Act 1973 applies.
The Health Services Commissioner Considers complaints about any health service provider under
the terms of the Health Services Act 1987. Areas covered
include nursing, dental, psychiatric, ambulance,
pharmaceutical, community health, welfare, chiropractors,
osteopaths and doctors.
The Legal Ombudsman Investigates complaints about legal practitioners.
The Private Health Insurance Ombudsman Deals with any disputes or problems that consumers have in
relation to private health funds.
7
Body Role
Corporations Act ADR schemes
Financial Industry Complaints Service (FICS) The FICS helps consumers to resolve complaints about
providers of life insurance, investment advice and managed
investment schemes.
Insurance Enquiries and Complaints (IEC) IEC handles complaints about general insurance companies.
Australian Banking and Financial Services Ombudsman (BFSO).
Australian Banking and Financial Services Ombudsman The BFSO deals with complaints about banks and their related
(BFSO) companies.
Credit Union Dispute Resolution Centre (CUDRC) The CUDRC deals with complaints about most Australian
credit unions, investment advisers, financial planners and
investment schemes in Australia.
Insurance Brokers Disputes Limited (IBD) IBD deals with complaints about general or life insurance
brokers.
Financial Co-operative Dispute Resolution Scheme The FCDRS deals with complaints from consumers whose
(FCDRS) credit union and building societies are members of the
scheme.
Other bodies
Australian Securities and Investment Commission (ASIC) ASIC assist with general company searches, lodgement of
company forms and incorporation of new companies. They
are also responsible for certain matters under various
insurance, superannuation, and banking legislation as well as
giving advice and taking complaints in regards to investment
advisers, financial planners and investment schemes in
Australia.
A co-operation agreement between ASIC and Consumer
Affairs Victoria exists in order to provide each agency with
mutual assistance in relation to the exchange of information,
appropriate referral of matters, and cooperation in compliance
education and enforcement activities.
8
Body Role
Australian Competition and Consumer Commission The ACCC administers the Trade Practices Act 1974. It
(ACCC) promotes competition and fair trading in the market place to
benefit consumers, business and the community.
A co-operation agreement between ASIC and Consumer
Affairs Victoria exists in order to provide each agency with
mutual assistance in relation to the exchange of information,
appropriate referral of matters, and cooperation in compliance
education and enforcement activities.
Energy and Water Industry Ombudsman (EWOV) The EWOV has the power to investigate and resolve disputes
between Victorian electricity, gas and water customers and
their provider.
Telecommunications Industry Ombudsman (TIO) The TIO investigates and helps resolve complaints about the
provision or supply (or failure to provide or supply) telephone
and Internet services.
Superannuation Complaints Tribunal (SCT) The Tribunal is an independent Commonwealth body
established to resolve most complaints in relation to super
funds and other superannuation related products, such as
approved deposit funds and annuities.
Australian Communications Authority (ACA) The ACA is be responsible for technical regulation, consumer
issues and licensing of telecommunications and radio
communications in Australia.
9
Body Role
Building matters
Building Commission Provides a technical inspection service where deemed
appropriate to help resolve a dispute. The Building
Commission also administers the Building Act 1993 and
therefore collects levies on behalf of State Government and
promotes the regulation and discipline of registered
practitioners including builders, engineers, building surveyors,
draftspersons. It creates, modifies and researches building
regulations.
Royal Australian Institute of Architects (RAIA) Body representing interests and activities of Architects.
There is a separate registration board.
Plumbing Industry Commission (PIC) Registers and regulates activities of plumbers. Where the
enquiry is in relation to a stand alone plumbing contract (that
is, only plumbing work being performed) or in relation to the
plumbing work performed only; and the concern of the party
making the enquiry is in relation to the issuing of a certificate
in respect to the work performed and/or in relation to
workmanship, the caller can be referred to the PIC for
assistance.
Chief Electrical Inspector Registers and regulates activities of electricians. Where the
enquiry is in relation to a stand alone electrical contract (that
is, only plumbing work being performed) or in relation to the
electrical work performed only; and the concern of the party
making the enquiry is in relation to the work performed
and/or in relation to workmanship, the caller can be referred
to the Chief Electrical Inspector for assistance.
Australian Institute of Building Surveyors (Vic. Chapter) Represents members within the profession. The building
(AIBS) surveyor issues building permits and regulates and inspects
building activity on site.
Master Builders Association of Victoria (MBAV) Represents builders at domestic, commercial and industrial
buildings.
Housing Industry Association (HIA) Represents mainly domestic builders but has increasing
representation of commercial builders.
10
Attachment 3:
List of CAV Publications,
April 2004
GENERAL PUBLICATIONS FACTSHEETS
• Annual Report 2002-2003 SHOPPING AND SERVICES
• Better Car Deals – English • Bag searches
– Arabic • Blowers
– Chinese • Buying and servicing household electrical equipment
– Vietnamese • Contact and non-contact sales
• Building Advice and Conciliation Victoria booklet • Contracts
• Civil Claims Guide and Application form • Ethanol labelling – information for consumers
• Little Black Book of Scams • Fair Trading Act – Information for consumers
• Older & Wiser • Lay-bys
• Stuff magazine • Pyramid selling
• Refund Poster • Refunds
• Lay-by Poster • Shopping tips
BUILDING & RENOVATING
INDIGENOUS CONSUMER PRODUCTS • Changes to domestic building insurance
• ICU DL brochure
CREDIT & DEBT
• ICU A5 fold out brochure
• Borrowing money
• Comparison rates decoded
INDIGENOUS CONSUMER FACTSHEETS • Credit cards
• Using credit • Debt collectors: your rights in Victoria
• Debt collectors: your rights in Victoria • Finance brokers
• Buying a used car • Investment seminars and get rich quick schemes
• Renting a home • Pay day lenders and the Consumer Credit Code
• Know your rights when shopping
PRODUCT SAFETY
• Baby walker safety
• Bunk bed safety
• Choosing a cot – facts for consumers
• Curtain and blind cords
• Laser pointers
11
• Pram and stroller safety FACTSHEETS
• Toughened glass
• Before you decide to rent
• Toy safety checklist
• Privacy and access
• Toys for children under three
• Rental bonds
COMPUTERS AND THE INTERNET • Paying the rent
• Before you buy a computer • Share houses
• Buying a computer – what happens when things go • Repairs and maintenance
wrong • Inspections for tenants
• ISPs • Resolving tenancy problems
• Shopping online • Ending a tenancy
• Online privacy
• Online security
FORMS
• Online scams
• Online auctions ALL TENANCIES
• Getting a refund on the web • Tenancy agreement
• Top 10 tips for shopping online • Tenancy application
• Domain names • Condition report
• Spam • Bond lodgement
• Understanding computer jargon • Bond claim
• Bond transfer – tenant to tenant
INFORMATION FOR BUSINESS • Bond transfer – landlord/agent to landlord/agent
• Ethanol labelling – information for fuel suppliers and • Application by landlord by VCAT
retailers
• Application by tenant by VCAT
• Fair Trading Act – information for traders • Notice of objection to landlord – alternative procedure for
• Fair Trading Act – advertising requirements possession at end of fixed term tenancy
• Supplying safe cots – facts for traders • Notice to tenant – alternative procedure for possession for
• What introduction agents need to know about the rent arrears
• Introductions Agents Act • Request for inspection of goods left behind
• Tips for business going online
RESIDENTIAL PROPERTIES
• Notice of rent increase to tenant/s of rented premises
RENTING PUBLICATIONS
• Notice to tenant/s of rented premises
• Renting a home – English • Notice to landlord of rented premises
I large print
• Notice for breach of duty to tenant/s of rented premises
I audio • Notice for breach of duty to landlord of rented premises
– Arabic • Notice to vacate to tenant/s of rented premises
– Chinese • Composite notice to vacate to tenant/s of rented premises
– Greek
CARAVAN PARKS
– Italian
• Notice of rent/hiring charge increase to resident/s of
– Russian
caravan park
– Serbian
• Notice to resident/s of caravan park
– Turkish
• Notice to owner of caravan or caravan park
– Vietnamese
• Notice for breach of duty to resident/s of caravan or
• Caravan Parks: a guide for residents, owners and caravan park
managers • Notice for breach of duty to owner of caravan or caravan
park
• Rooming Houses: a guide for residents, owners
and managers • Notice to vacate to resident/s of caravan park
Transfer of residency right
12
ROOMING HOUSES
• Notice of rent increase to resident/s of rooming house
• Notice to resident/s of rooming house
• Notice to owner of rooming house
• Notice for breach of duty to resident/s of rooming house
• Notice for breach of duty to owner of rooming house
• Notice to vacate to resident/s of rooming house
• Composite notice to vacate to resident/s of rooming
house
13
