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7.9
U3AOS2 - Consumer Affairs Victoria
| Question | Answer |
|---|---|
| What is Consumer Affairs Victoria (CAV)? | A government body that regulates consumer law and helps Victorians understand and enforce their rights as consumers or tenants. |
| What does CAV do? | Advises the Victorian Government on consumer legislation, educates people about their legal rights and responsibilities, enforces compliance with consumer laws, and offers dispute resolution services. |
| Who can make a complaint to CAV? | Only consumers and tenants — not businesses or landlords. |
| What is the purpose of CAV’s dispute resolution services? (1) | To help parties resolve disputes efficiently and free of cost, especially for small claims about goods, services, or tenancies. |
| What is the purpose of CAV’s dispute resolution services? (2) | To help parties reach a resolution that aligns with the law and ensure people who break the law understand and avoid repeating their breach. |
| What types of disputes fall under CAV’s jurisdiction? | Consumer vs. business disputes and tenant vs. landlord disputes, including retirement village matters. |
| Give an example of a consumer vs. business dispute CAV might handle. | A customer complaining that a product is faulty or that a service was not delivered with care and skill. |
| Give an example of a landlord vs. tenant dispute CAV might handle. | Issues about rent, property repairs, lease agreements, or rental bond refunds. |
| What dispute resolution method does CAV primarily use? | Conciliation — a process where an independent third party helps parties reach a mutual agreement without imposing a decision. |
| Who is the conciliator in CAV proceedings? | An independent third party, usually with specialist knowledge of consumer or tenancy law, who guides the parties toward resolution. |
| Does the conciliator impose a decision? | No — they make suggestions and explore solutions but do not decide the outcome. |
| Is the conciliation process formal or informal? | Informal — it is often conducted over the phone to reduce anxiety and increase accessibility. |
| Can CAV force someone to participate in conciliation? | No — CAV cannot compel parties to attend or participate in conciliation. |
| Is a conciliation decision legally binding? | Only if the parties enter a binding agreement; otherwise, the outcome is not enforceable. |
| When might CAV not be appropriate? (1) | If the dispute falls outside its jurisdiction, such as family law or business vs. business matters. |
| When might CAV not be appropriate? (2) | If the complaint is trivial, the other party refuses to cooperate, or the matter has already been dealt with by CAV or VCAT. |
| When might a court or tribunal be better than CAV? | When the issue is urgent, complex, involves multiple parties, or requires a binding and enforceable outcome. |
| What are signs that CAV might intervene in a complaint? | If there’s a legal breach, the complainant is vulnerable, or the issue can likely be resolved through conciliation. |
| What are strengths of CAV’s dispute resolution service? (1) | Free service, accessible to all Victorians regardless of income. |
| What are strengths of CAV’s dispute resolution service? (2) | Informal process, less intimidating than courts or tribunals. |
| What are strengths of CAV’s dispute resolution service? (3) | Promotes procedural fairness — both parties can present their story and challenge the other side. |
| What are strengths of CAV’s dispute resolution service? (4) | Encourages voluntary agreement, which parties may be more willing to follow. |
| What are weaknesses of CAV’s dispute resolution service? (1) | Limited to certain disputes — consumer and tenancy only. |
| What are weaknesses of CAV’s dispute resolution service? (2) | Cannot compel parties to participate in conciliation. |
| What are weaknesses of CAV’s dispute resolution service? (3) | No power to enforce outcomes unless a binding agreement is made. |
| What are weaknesses of CAV’s dispute resolution service? (4) | Unsuitable for complex or large disputes needing legal expertise or binding outcomes. |
| Why might a willing party still not be able to use CAV? | If the other party refuses to engage, conciliation cannot proceed effectively. |
| Why might some disputes be rejected by CAV? | Due to case prioritisation criteria or if the dispute seems unlikely to be resolved by conciliation. |
| Why is conciliation useful even without a binding decision? | It promotes cooperation and gives parties ownership of the solution, increasing the likelihood of compliance. |
Created by:
nandistudies
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