CAV and VCAT Web Quest

Explore the following two bodies that allow for disputes to be resolved. Like a treasure hunt,
you will have to find the answers spread out on their respective websites.
First of all:
i. Read the introduction to 7.9 and the Purposes of Consumer Affairs Victoria
ii. Read the introduction to 7.10 and the Purposes of the Victorian Civil and
Administrative Tribunal
This CAN be done as a paired task, BUT everyone needs the answers so you will need to
share with each other!

Consumer Affairs Victoria (CAV)- https://www.consumer.vic.gov.au/

1. Explore one of the Latest News items on the home page regarding a court action (Look out
for the term “Commencement of Action”.)
a. What consumer rights were breached in the given instance?

To find the following sections, use the Menu tab on the side of the webpage

About us

2. What are the two ways CAV aims to assist the community?
 Support Victorians to exercise their consumer rights
 Ensure that businesses and rental providers do the right thing.

3. What are some issues currently “in focus” for CAV?

Rent increases, curtain and blind cord safety, reviewing the Retirement Villages Act, home building
projects, electrical safety in rental properties

Cars > Buying a New Car

4. What is a cooling off period?

You have three business days (excluding weekends and public holidays) after you sign a
contract to change your mind. This is your cooling-off period.

Resources and Tools > Online Tools > Scams Quiz

5. Do the “Scams Quiz”

Resources and Tools > Consumers with a Disability > Problems affecting consumers with a
disability
 6. Why might consumers with a disability be especially vulnerable or in disadvantaged
circumstances?
Market conditions are unfriendly, are at risk of physical harm, financial loss or disadvantage

7. CAV can only assist with consumer and housing-based claims and do not have the power to
enforce their decisions and make them legally binding. What limitations does these facts
cause for CAV?

CAV only has specialisation in certain areas of law which means that they can specialise in these
areas however they cannot provide assistance for cases of different areas that people may need
help with. The fact that their decisions are legally binding means the power-imbalance between
the consumer and producers/suppliers can continue. Therefore their assistance may be a waste of
time as the dispute still needs to be resolved elsewhere.

Victorian Civil and Administrative Tribunal (VCAT)- https://www.vcat.vic.gov.au/

What VCAT Does

8. What are 5 types of cases VCAT hears?

Unreasonable flow of water between properties

Powers of attorney

Medical Treatment and Advance Care Directives

Voluntary assisted dying

Mental health

9. Explain whether it is VCAT’s role to provide legal advice and represent parties.

VCAT’s role is not to provide legal advice and represent parties as their role is to be impartial. This
means that they must treat everyone fairly, without favouring one side over the other.

Fees

10. Compare the VCAT fees for a $20,000 claim from an individual related to Equal Opportunity
and one related to Building and Construction, including application fees and hearing fees.
a. What are the differences in cost and who pays different amounts?

In the equal opportunity case, the individual would pay no fee, whereas the Building and Construction
claim would cost $523.10 just for the application fee and a hearing fee of at least $389.60 if it goes for
more than one day.

b. Why would the basis of the claim (e.g. Equal Opportunity, Building and
Construction, Retail and Commercial Leases) change how much the parties have to
pay to apply to VCAT and have their matter heard?

Each matter requires different resources and the applicants would have different circumstances. For
example someone claiming a breach of the equal opportunity law, has had their rights breached and
disadvantaged, whereas a building applicant is not claiming a breach of rights (just requiring a
building application) and can probably afford the fee.

VCAT Process > Mediations and Compulsory Conferences > Mediations

11. Why should you resolve your dispute through VCAT’s mediation service rather than a VCAT
hearing?
 it can save you the cost, stress and time of going through the VCAT hearing process
 you can negotiate an outcome that you can both live with
 you both have control of the outcome. At a hearing VCAT makes the decision, which may not
go in your favour
 even if you don’t resolve everything, you may reach agreement on some issues. This may
mean you spend less time at a hearing.

12. How long does mediation take?

Anywhere from 45 minutes to a full day

Decisions > Appeal a Decision

13. What’s the only reason you can appeal a VCAT decision, which court would hear the appeal
and how long do you have to lodge your appeal?

You can only appeal if you receive permission from the court. You must start the appeal process
within 28 days of the date of the VCAT order, and it would be heard in one of the divisions of the
Supreme Court, depending on which VCAT member made the decision.