The Law Handbook 2024

728 Section 7: Consumers, contracts, the internet and copyright by-step dispute resolution guide on CAV’s website, you are unable to resolve your dispute, you can request to use CAV’s conciliation service. 2 CAV’s dispute services CAV’s primary dispute service is delivered by telephone with the aim of obtaining a timely resolution. In limited circumstances, a more tailored conciliation service may be offered. Conciliation is an informal process that helps you and the business to resolve a dispute by communicating, identifying the issues in dispute, and exploring options for resolution. There are criteria for assessing whether disputes are suitable for CAV’s dispute services. The key requirements include: • the dispute must be within CAV’s jurisdiction; • an attempt must have been made to resolve the dispute with the business; • the dispute must not have been determined by, or be pending in, the Victorian Civil and Administrative Tribunal ( VCAT ) or the courts; and • there must be a reasonable likelihood that the dispute will be settled. For more information about the criteria for accessing CAV’s dispute services, see CAV’s compliance policy, available on its website (www.consumer.vic.gov.au) . CAV’s conciliation service is voluntary; traders and consumers cannot be forced to participate. Also, CAV cannot make a binding determination or force a party to accept a particular outcome (only VCAT or the courts can force a business to resolve an issue). 3 If your dispute is not resolved If your dispute cannot be resolved by conciliation, CAV can provide information and advice on what alternative remedies you can pursue, such as: • taking the matter to VCAT; • lodging a complaint with the relevant industry ombudsman; • seeking legal advice. While CAV provides extra help for consumers with disability (see ‘Advocacy for people with disability’, below), in most cases, it is up to the consumer to pursue alternative remedies. Remedies: VCAT VCAT has jurisdiction to determine consumer and trader disputes (ss 182, 184 ACL&FTA). For example, under the ACL&FTA (s 184(2)), VCAT can: • refer the dispute to a mediator; • order payment of money owed or damages; • vary any term of a contract; • declare that a term of a contract is void (including because it is an unfair contract term); • order specific performance of a contract term; • order the refund of anymoney paid under a contract; • order rescission (cancellation) of a contract. For more information about how to apply to VCAT see ‘Small claims: VCAT’s Civil Claims List’, above. For further information about VCAT, see www.vcat. vic.gov.au Remedies: Contacting an ombudsman See Chapter 12.1: Taking a problem to an ombudsman. Remedies: Legal advice Free legal advice is available from community legal centres (see Chapter 2.4: Legal services that can help). For further information on the remedies available under current laws, see Chapter 7.2: Consumer protection laws. Market intelligence Intelligence (information) about bad behaviour in the market is important to CAV. It enables the agency to track emerging trends and to identify individual businesses, or problems within industry sectors, that may be causing harm to consumers. You can report bad behaviour by filling in a complaint form (available on CAV’s website) and sending it to CAV; or, if reporting a scam, by filling in the online ‘dob in a scam’ form on CAV’s website. Koori resources CAV works closely with the Victorian Aboriginal Legal Service, the National Indigenous Consumer Strategy reference group (of which it is a member), and Aboriginal and Torres Strait Islander commun­ ities and individuals. CAV works to help resolve consumer issues and to develop resources for Aboriginal and Torres Strait Islander consumers and businesses. CAV also provides a Koori helpline service that provides specialist advice (see ‘Contacts’, below). The Consumer Action Law Centre also offers Koori Help (www.koorihelp.consumeraction.org.au; tel: 1800 574 457).