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Advancing Advancing Consumer Rights: Consumer Rights: The Productivity The Productivity

Commission Commission ReviewReviewElissa FreemanElissa Freeman

Senior policy officerSenior policy officer

www.choice.com.auwww.choice.com.au

OverviewOverview

About CHOICEAbout CHOICE Productivity Commission Productivity Commission

ReviewReview AdvocacyAdvocacy Law ReformLaw Reform InstitutionsInstitutions ConclusionsConclusions

About CHOICEAbout CHOICE Independent NGOIndependent NGO

‘‘no advertising, no bias’no advertising, no bias’ ‘‘paid for by you, our members’paid for by you, our members’

Consumer informationConsumer information CHOICE magazine, CHOICE Online, othersCHOICE magazine, CHOICE Online, others 200,000 members/subscribers200,000 members/subscribers

Consumer advocacyConsumer advocacy Policy developmentPolicy development CampaignsCampaigns

>~100 staff - 7 policy and campaign staff>~100 staff - 7 policy and campaign staff

Productivity Commission Productivity Commission ReviewReview

Review into Australia’s Consumer Policy Framework Commissioned in December 2006 Draft report released December 2007 Final report due end April 2008

Broad terms of reference Focused on ‘framework’ not specific policy issues

Dominant theme: shifting from state-based to nationally-led Estimates benefits of $1.5 to $4.5 billion

AdvocacyAdvocacy

Increased resourcingIncreased resourcing legal aidlegal aid Financial counselling Financial counselling

servicesservices Modest fundingModest funding

representative representative national peak national peak consumer bodyconsumer body

No National No National Consumer CouncilConsumer Council

AdvocacyAdvocacy

What additional funding is needed?

How much $$$?Where is the greatest

need?What sort of networking

and policy assistance would work?

Law ReformLaw Reform

Stronger Stronger enforcement enforcement powers (Yes)powers (Yes)

Representative and Representative and class actions (Yes)class actions (Yes)

UnfairnessUnfairness Contract Terms Contract Terms

(Sort of) (Sort of) Trading (NO)Trading (NO)

Law Reform Commission Of Law Reform Commission Of IrelandIreland

Law ReformLaw Reform Victoria UCT

Law Regulator can

proscribe terms that are unfair

Unfair terms void for all contracts

Proposed National Law Evidence of

material detriment Public benefit test Void only for those

subject to detriment

Institutional changeInstitutional change

National generic consumer lawNational generic consumer law Best practice or lowest common Best practice or lowest common

approachapproach ACCC to takeover enforcement?ACCC to takeover enforcement?

Is it adequately resources?Is it adequately resources? Greater prominence of Greater prominence of

consumer policy nationallyconsumer policy nationally Minister for Competition Policy Minister for Competition Policy

and Consumer Affairsand Consumer Affairs

SummarySummary Some PC recommendations directly meet consumer Some PC recommendations directly meet consumer

needsneeds The notion of ‘unfairness’ has entered the consumer The notion of ‘unfairness’ has entered the consumer

policy landscape but still needs workpolicy landscape but still needs work A national takeover of consumer law presents A national takeover of consumer law presents

opportunities and threatsopportunities and threats

Like many reviews of this scale, the Productivity Like many reviews of this scale, the Productivity Commission’s final report will probably raise as Commission’s final report will probably raise as many questions of policy and politics as it answers. many questions of policy and politics as it answers. Those questions will be framed within a framework Those questions will be framed within a framework that acknowledges the needs of vulnerable & that acknowledges the needs of vulnerable & disadvantaged consumers and solidifies the role of disadvantaged consumers and solidifies the role of consumer advocacy, which can only be a good thing consumer advocacy, which can only be a good thing for advancing consumer rights.for advancing consumer rights.

ThanksThanks

www.choice.com.auwww.choice.com.au

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