7.1 Consumer Affair's Victoria

Question 1

What is CAV?

Answer 1

Consumer Affairs Victoria is a complaint body that offers dispute resolution services.

It advises the Victorian Government on consumer legislation, provides information and guidance to educate people about consumer laws, and enforces compliance with consumer laws.

It also provides consumers and traders. and landlords and tenants, with a dispute resolution process.

Question 2

When is CAV appropriate?

Answer 2

• within the CAV’s jurisdiction
• the dispute is likely to be resolved
• if the consumer has tried to resolve the dispute themselves first
• whether the complaint warrants the CAV’s involvement
• if the consumer is vulnerable or disadvantaged

Question 3

When is CAV inappropriate?

Answer 3

• if the issue has already been dealt with by the courts or VCAT
• if the complaint warrants CAV’s involvement
• if there other or better ways to resolve the dispute

Question 4

What is CAV’s jurisdiction?

Answer 4

• the supply of goods and services
• residential tenancies
• retirement villages
• owners coporations

Question 5

What factors contribute to the likelihood the dispute will be settled? (CAV)

Answer 5

• no delay in the person complaining to the CAV
• CAV’s database of complaints does not show that the other party has previously refused to conciliation
• person complaining has shown inappropriate behaviour
• the dispute is not overly subjective
• the trader has not already made a reasonable offer that was rejected by the consumer

Question 6

What are the factors parties need to consider to determine whether there are better ways to resolve the dispute? (CAV)

Answer 6

• the dispute is best resolved by the court
• parties will be able to or have tried resolving the dispute previously
• if the parties are unlikely to take the conciliation process seriously
• the parties will prefer the court process
• if the matter is too big/complex to be appropriate for CAV
• if the resolutions of the matter are urgent

Question 7

What are the strengths of CAV?

Answer 7

• CAV’s conciliation service is free, making it accessible
• the conciliation process is informal and can be conducted over the phone, removing people’s anxieties
• CAV ensures procedural fairness, allowing both parties the opportunity to present their sides and rebut the other side’s case
• CAV assesses disputes individually, case by case, reducing waste of time and resources for cases that are unlikely to be resolved
• CAV aims for people to have their process in a timely manner
• conciliation process ensures that the parties will reach a resolution themselves

Question 8

What are the weaknesses of CAV?

Answer 8

• CAV’s role is limited mainly to consumer and landlord disputes
• CAV has no power to compel parties to undergo conciliation
• CAV has no powers to enforce any decisions reached by the parties in conciliation
• not all cases are accepted by CAV
• parties may fail to take the matter seriously
• CAV is not appropriate for large/complex cases

Question 9

How does CAV achieve fairness?

Answer 9

• disputes are resolved with expertise
• both parties are able to present case
• conciliation porcess is informal, allowing self-represented parties to speak more freely

Question 10

How does CAV not achieve equality?

Answer 10

• not all consumer complaints fall under the jurisdiction of CAV