Consumer Affairs Victoria

Question 1

What is CAV

Answer 1

Consumer Affairs Victoria regulates consumer law, and its purpose is to help ensure Victorians are informed about consumer laws and ensure businesses are complying with those consumer laws.

Question 2

Role of CAV

Answer 2

• CAV advises the Victorian Government on consumer legislation
• Provide information and guidance to educate people about consumer laws  What their rights and responsibilities are, and whether there have been any changes to those laws.
• Enforce compliance with consumer laws
• In limited circumstances, provide consumers and traders, and landlords and tenants with a dispute resolution process –> Conciliation.

Question 3

Appropriateness of CAV

Answer 3

• Whether the dispute is within the CAV’s jurisdiction or power.
• Whether the consumer or tenant has tried to resolve the matter themselves.
• Whether the complaint justifies or needs CAV’s involvement.
• Whether there has been a breach of legislation or a failure to comply with legal obligations by the landlord or business.
• Whether the consumer is vulnerable or disadvantaged.
• Whether the issue has already been dealt with by CAV or VCAT.
• Whether the issue is reasonably likely to be resolved –> CAV may be more willing to assist.
• Whether they will be able to resolve the dispute themselves by negotiating with each other.
• Whether the dispute is best resolved by a court or tribunal making a binding order on the parties over themselves reaching a decision.
• Whether the other party is unlikely to take the conciliation process seriously or may not show up.
• Whether one party would prefer the formality of the tribunal or court processes to resolve the dispute
• Whether the matter Is too big or complex or be appropriate for CAV
• Whether resolution of the matter is urgent –> Making court a better option.

Question 4

Dispute resolution method used in CAV

Answer 4

CAV offers conciliation over the phone to try to resolve the dispute. However, more tailored services can be provided such as in-person conciliation.

Question 5

What is Conciliation

Answer 5

Conciliation is where an independent third party helps the two parties reach a mutually acceptable decision.
The third party is known as the conciliator. They do not make decisions on behalf of the parties, but instead listens to facts, makes suggestions and explores potential solutions with both parties to help them make their own decision.

Question 6

What is CAV’s jurisdiction

Answer 6

Disputes between purchasers and suppliers
Disputes between consumers and suppliers
Disputes between a tenant and a landlord

Question 7

Strengths of CAV

Answer 7

• It is a free service
• The process is informal
• Ensures procedural fairness by allowing both sides the opportunity to present their case and challenge the other side’s case in conciliation.
• CAV assesses disputes individually, case by case, which reduces wasted time on disputes that may not be resolved through conciliation
• The conciliation process at CAV ensures the parties reach a resolution themselves.

Question 8

Weaknesses of CAV

Answer 8

• Assistance is limited to consumer and CAV 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 and its conciliation services are limited
• CAV is not appropriate for large and complex disagreements.