The Law Handbook 2024

Chapter 7.4: Taking action as a consumer 727 At that hearing, VCAT decides whether the order has been complied with and, if not, can make any order that it has the power to make, including the payment of money. Correcting orders An order of VCAT can be amended if it contains: • a clerical mistake; • an error arising from any accidental slip or omission; or • a material miscalculation of figures, or any material mistake in the description of any person, thing, or matter referred to in the order. The power to correct an order is limited. Correcting an order should not be confused with an appeal. VCAT has no general power to reconsider cases. If, for example, an applicant named the wrong person as respondent, and obtained an order against that person, the applicant could not have the order corrected. The applicant would have to begin a new proceeding against the proper respondent. A party seeking a correcting amending order should obtain advice from the Civil Claims List Registry or refer to VCAT Rules. Consumer Affairs Victoria Overview Consumer Affairs Victoria ( CAV ) is part of the Victorian Government’s Department of Government Services. CAV is Victoria’s consumer affairs regulator. CAV’s role is to: • advise and educate businesses, landlords, con­ sumers and tenants – including vulnerable and disadvantaged consumers – about their rights, responsibilities and changes to the law; • enforce compliance with the legislation it administers; • review and advise the Victorian Government on consumer legislation and industry codes; • register and license businesses and occupations; and • conciliate disputes between consumers and traders, and tenants and landlords. CAV provides information and advice to businesses and consumers through its website, telephone helpline, smartphone apps, and via social media. CAV has metropolitan and regional offices (in Ballarat, Bendigo, Box Hill, Dandenong, Mildura, Morwell, Reservoir, Shepparton, Wangaratta, Warrnambool, Werribee, Wodonga and Geelong) and has a mobile service that regularly visits many other Victorian locations. For CAV’s contact details, see ‘Contacts’, below. CAV is responsible for administering many Victorian Acts and regulations, including the: • Australian Consumer Law and Fair Trading Act 2012 ; • Residential Tenancies Act 1997 ; • Estate Agents Act 1980 ; • Conveyancers Act 2006 ; • Owners Corporations Act 2006 ; • Retirement Villages Act 1986 ; • Motor Car Traders Act 1986 ; and • Domestic Building Contracts Act 1995 . CAV uses an ‘integrated compliance approach’, which means it uses a range of criminal, civil and administrative measures to address non-compliance with the laws it administers. What can CAV do? CAV provides information and advice CAV’s extensive website (www.consumer.vic.gov. au) provides a vast array of resources (information, advice, checklists, videos, tips, definitions of key terms, examples of complaint letters, and letter templates) for consumers, businesses, tenants, landlords, and residents and owners of rooming houses, retirement villages and caravan parks. You can also call CAV’s helpline to receive information and advice. CAV can help resolve a dispute 1 CAV can help you resolve the issue yourself If you are a consumer having a dispute with a business, first try to resolve the issue yourself by directly communicating with the business. (There is a step-by- step guide on how to do this on CAV’s website.) When you write or speak to the business, or someone with the authority to represent it (e.g. a manager), explain your concerns and suggest a resolution (see ‘Self-help’ at the beginning of this chapter). Have any relevant information with you when you communicate with the business, so you can clearly state your rights and their obligations under the law. Many complaints are resolved at this stage with the correct information. If, after following the step-