Our Core Function
- To preserve and protect the rights of consumers and, in particular, to keep business practices under review, to regulate product safety, to ensure the provision of adequate information to the consumer and to monitor the timeliness of repairs and other services.
- To advise the Minister on any consumer protection matter referred to the Board by the Minister, or which the Board itself considers “worthy” of attention.
- To conduct research on consumer matters, and to educate the public by the production and distribution of information on the rights of consumers and better business practices.
- To use its good offices informally to conciliate and settle consumer complaints and grievances.
- To encourage businesses to adhere to better business practices.
- To issue orders or notices relating to safety or unfair business practices.
- To keep the working of the Act under review and, where required by the Minister, or as the Board itself considers appropriate, submit proposals for its amendment.
What the Department of Consumer Affairs can and cannot do when a consumer files a complaint.
A person can file a complaint with the Department of Consumer Affairs in one of the following ways – phone, fax, e-mail or on our web site. Once the complaint is received the details are entered into a complaint database system and the complaint/inquiry is then assigned to and reviewed by an Enforcement Officer.
In order for an Enforcement Officer to advise accordingly, the consumer is asked to:
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Be completely honest and give all the facts relevant to their complaint.
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Listen to the advice and reasons for recommending a particular course of action.
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Accept that a solution may not always be found especially if no laws have been broken.
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Understand that the office of Consumer Affairs deals with quite a few cases and all cases are handled in the order in which they are received. The Enforcement Officer usually calls clients back within 48 hours after receiving the complaint, depending on the volume of complaints that have been received.
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Be patient and courteous to Consumer Affairs’ staff at all times even though you may be angry or upset or if the outcome is not to your satisfaction.
An Enforcement Officer then does the following:
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Contacts the complainant for additional information and explains the law that is relevant to their case.
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Gives the consumer practical ‘first step’ advice and include an explanation of the choices of actions that are available to the consumer.
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Provides next step advice if the consumer is unable to achieve a successful outcome. This could include assistance in writing a complaint letter.
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Mediate between the parties if the matter still cannot be resolved.
If an Enforcement Officer has reasonable cause to believe an offence has been committed by an individual or company under the Consumer Protection Act 1999, he or she has the authority to enter premises, seize any relevant documents and products and make test purchases.
If the mediation is not successful and the problem has not been resolved, the consumer is then advised to seek legal advice and/or have the case heard in a court of law.
Consumer Affairs cannot do the following:
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Demand refunds, replacements or apologies from businesses on your behalf.
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Pursue a complaint which is unjustified based on law.
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Give legal advice.
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Act as a legal representative on your behalf.
- Give specific information about whether there has been a complaint against a trader.
- Complain to a trader on your behalf.
Anonymous calls are not accepted. Complainants must give their real name.
All calls are treated confidentially, professionally and fairly.
Consumer Affairs does not deal with the following:
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Water
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Food
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Controlled drugs as defined in the Misuse of Drugs Act 1972 (Misuse of Drugs Amendment Act 2005)
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Tobacco or tobacco products
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Pharmaceutical or medicinal products available without prescription