Australian Consumer Law Review Final Report Released 19 April 2017

Consumer advocates welcome the release of the Australian Consumer Law Review Final Report. The Report was informed by submissions to the Interim Report and Issues Paper. Consumer Credit Legal Service (WA) was pleased to comment on the consultation questions on the operation of the Australian Consumer Law (ACL) as outlined in the ACL Review Interim Report.

CCLSWA’s submission addressed select questions around the scope and coverage of the ACL including:

  • Consumer guarantees
  • Unconscionable conduct and unfair trading
  • Unfair contract terms
  • Penalties and remedies
  • Purchasing online

Read the full submission here.

CCLSWA welcomes a key proposal of the Final Report; that where goods fails to meet the consumer guarantees within a short specified period of time, a consumer is entitled to the remedies of a refund or replacement without needing to prove that the breach is a ‘major failure’. However, the report fails to make proposals on a couple of key areas highlighted in CCLSWA’s submissions such as calls for lemon laws and the need for a consumer tribunal in WA. In relation to the latter issue, the report says that is a matter for the States.

In a meeting with the senior policy adviser to the new Minister for Commerce, CCLSWA highlighted that the lack of a consumer tribunal in Australia is a major barrier to WA consumers’ access to the ACL. CCLSWA hopes to do more work in this area.

If you believe your consumer rights may have been breached, please call the CCLSWA telephone advice line on (08) 9221 7066 for a free, confidential discussion.

CCLSWA Admin