Consumer Affairs Victoria (CAV)

Question 1

What is CAV?

Answer 1

• It is a statutory body established by the Australian Consumer and Fair Trading Act (Vic) 2012

Question 2

Purposes of CAV

Answer 2

• Enforce compliance with consumer law
• Provide information and guidance to educate people about consumer law and about the rights and responsibilities of businesses and consumers
• In limited circumstances, provide consumers traders and landlords with a dispute resolution process
• Advise the Victorian government on consumer legislation
• Provide accessible dispute resolution services

Question 3

3 types of disputes CAV could assist with

Answer 3

• Products and services (e.g. faulty product, poor quality service, incorrect service)
• Housing (e.g. ignorance of a request for property repairs, insufficient notice to vacate)
• Cars (e.g. change of mind after a purchase was made, refusal to fix a car despite it being within the warranty)

Question 4

When is CAV appropriate?

Answer 4

• Dispute is within their jurisdiction
• Parties have attempted to resolve the dispute themselves (should be both spoken and written attempts)
• Both parties are willing to attend and participate in conciliation
• Parties want to avoid costs/delays that come with court/VCAT
• Parties are willing to settle
• Parties are willing to comply with agreement reached

Question 5

When is CAV inappropriate?

Answer 5

• Dispute is not under their jurisdiction
• Parties have not attempted to resolve dispute themselves
• Either party is unwilling to attend or participate in conciliation
• There are other, more appropriate methods of resolving the dispute
• A court or VCAT has already ruled upon the matter
• Dispute is initiated by a landlord or business
• Dispute is a class action
• Either party wants a legally binding decision

Question 6

Strengths of CAV

Answer 6

• Quick and efficient method of resolving dispute without delays and stress associated with courts
• The process is free, meaning those who can’t access courts/VCAT due to costs can still have their dispute resolved
• The use of an experienced conciliator and their ability to provide suggestions ensures a fairer outcome
• A conciliator is also meant to provide an equal opportunity for each party to present their perspective
• The option for digital/phone conciliation ensures those in rural/regional areas can access the process
• It is less intimidating, formal and complex allowing for better participation and comprehension
• Conducted in private, meaning parties who do not want their dispute to be heard publicly can still access justice

Question 7

Weakness of CAV

Answer 7

• Limited to consumer/housing disputes, meaning any other disputes outside their jurisdiction cannot be handled
• No power to compel parties to attend, meaning that CAV cannot be used if parties are unwilling
• No power to enforce the decision unless a deed of settlement is signed, meaning the outcome can be ignored if either party chooses to
• Not all cases are accepted and services are limited due to the criteria and prioritisation of certain cases
• Not appropriate for large and complex disputes with difficult legal principles or many parties