Consumer Justice Strategy - Department Of Commerce

Transcription

Government of Western AustraliaDepartment of Mines, Industry Regulation and SafetyConsumerJusticeStrategy2021-25

ContentsMinister’s statement 4Hon. Amber-Jade Sanderson BA MLAGuiding priorities 2021-25 4Three pillars strategy 5Responsive 6Engaged 8Accountable 9

Helping people understand theirconsumer rights and creating afair trading environmentBroomeGovernment ofWestern AustraliaDepartment of Mines, IndustryRegulation and SafetyCONSUMER PROTECTIONGordon Stephenson HouseLevel 2/140 William StreetPerth Western Australia 6000KarrathaContact Centre1300 304 SPerthCanningtonNorth tonGoldfields / EsperanceKalgoorlieSouth WestBunburyGreat ny

Minister’s statementHon Amber-JadeSanderson BA MLAThese three pillars directlyresonate with the values ofthe McGowan Governmentand the Consumer JusticeStrategy represents anaffirmation of theMcGowan Government’scommitment to both theprotection of consumersand the operation of a fairmarketplace inWestern Australia.The Consumer Justice Strategy2021-25 provides the frameworkwithin which Consumer Protectionwill operate during the second term ofthe McGowan Government.The Strategy sets out the guidingpriorities on which ConsumerProtection will focus during this termof government and the individualinitiatives that Consumer Protectionwill implement during each financialyear, starting with individual initiativesfor 2021-22.The Consumer Justice Strategy isbuilt on three pillars that will guideConsumerProtection’soveralloperations. Consumer Protectionwill be Responsive, Engagedand Accountable.Guidingpriorities2021-25I look forward to working withConsumer Protection as Minister forCommerce to give effect to theseimportant commitments.Hon Amber-Jade Sanderson BA MLA1. Responding to COVID-19 impacts2. Enhancing implementation of governmentpolicy initiatives3. Refocusing on enforcement4. Broadening engagement with vulnerable consumers5. Increasing community awareness of consumer rightsand obligations6. Enhancing engagement with traders7. Improving available outcomes8. Building analytical capacity9. Supporting non-government organisations10. Minimising regulatory burden11. Improving transparency12. Reorganising operationsPage 4

Three pillars umer Protection commits to being alert and responsive to emerging issues and to changes in:9 markets;9 the needs of the community; and9 government policy.EngagedConsumer Protection commits to being directly and regularly engaged with:9 consumers and consumer organisations;9 traders and trader organisations;9 the non-government sector; and9 other government agencies.AccountableConsumer Protection commits to being transparent in its operations and decision-making so the Government andthe community can hold Consumer Protection to account for the nature and effectiveness of its operations.Page 5

ResponsiveResponding to COVID-19 impacts2021-22 Initiatives Manage mandatory rental conciliation and residential tenancy grants programs. Continue support for, and advice to, consumers, businesses and not-for-profits, in relationto impacts of COVID-19, including government restrictions. Manage the impact of COVID-19 on the delivery of Consumer Protection services andadapt those services based on learnings from the impact of COVID-19.Refocussing on enforcement2021-22 Initiatives Develop and publish a new Consumer Protection Compliance and Enforcement Strategy. Establish a Consumer Protection Enforcement Committee. Introduce an annual Enforcement Staff Forum. Refocus existing Consumer Protection Compliance and Enforcement Policy as ConsumerProtection’s Enforcement Policy. Review arrangements for management, retention and disposal of evidence. Develop a new Australian Consumer Law training program. Focus compliance activities on: 9residential tenancies;9motor vehicle and accessories; sales and repairs;9button battery safety;9scams;9debt management services;9pet sales;9general trades;9personal services; and9misleading and deceptive conduct - greenwashing.Explore options to engage in-house financial specialists to inform and supportinvestigations, supervisions and special audits.Improving available outcomes2021-22 Initiatives Develop proposals for the improved dispute resolution processes under theFair Trading Act 2010 (WA) (FTA). Ensure all options for outcomes under the FTA and the Australian Consumer Law areunderstood and explored. Identify compensation options for scam victims. Where in the public interest, Commissioner to institute, defend or assume conduct of legalproceedings on behalf of consumers or businesses.Page 6

Building analytical capacity2021-22 Initiatives Increased emphasis on, and better processes for, data capture and analysis to informpolicy development, community engagement strategies and compliance activities. Implement iBase intelligence data management application. Complete process mapping of all Consumer Protection regular, repeatable processes. Integrate data analysis with Qlik for monthly and other reporting. Review operational suitability of LivePro as a knowledge management tool forConsumer Protection. Trial the implementation of a consultation hub, with a view to departmental-wide application.Minimising regulatory burden2021-22 Initiatives Identify policy and operational process opportunities to reduce the regulatory burden onWestern Australian businesses. Continue integration of charities regulatory framework with the Australian Charities andNot-for-profits Commission regulation. Review the operation of Continuing Professional Development programs. Continue to progress the implementation of a single, online, registration system forco-operatives, limited partnerships, associations and charities.Reorganising operations2021-22 Initiatives Implement structural changes resulting from independent reviews to ensure resourcesare focused on priority areas and support an integrated approach to operational activity. Review the role and operation of the Seniors Housing Advisory Centre. Review the role of regional offices to maximise services to regional Western Australians. Explore and implement options to enhance metropolitan, regional and online service delivery.PagePage7 7

EngagedBroadening engagement with vulnerable consumers2021-22 Initiatives Identify vulnerable consumers not being effectively captured by current engagementstrategies and revise strategies accordingly. Implement the Blurred Borders program in concert with the Legal Aid Commission. Expand the number of community engagement forums with vulnerable consumer groups.Increasing community awareness of consumer rights and obligations2021-22 Initiatives Develop and implement an enhanced plan to raise awareness of consumer and traderrights and obligations, with a particular emphasis on understanding of consumerguarantees and warranties. Develop and implement revised strategies to measure the effectiveness of communityengagement strategies. Develop awareness programs and events in the context of the 50th anniversary of thecommencement of the Consumer Affairs Act 1971 (WA) on 11 August 1972. Develop and implement community awareness campaigns to support policy andcompliance priorities and the following local and national initiatives:9New Fitness Industry Code of Practice 2021 (WA);9Implementation of Ticket Scalping Bill 2021 (WA);9Implementation of Dog Amendment (Stop Puppy Farming) Bill 2021 (WA);9Implementation of Mutual Recognition (Western Australia) Amendment Bill 2021;9Quad bike safety standards (national);9Portable pool safety (national);9National Indigenous Consumers Strategy (national); and9Third Party Insurance Claim Harvesting, with Insurance Commission of Western Australia. Launch enhanced FuelWatch website. Implement campaign to increase awareness of Associations Incorporation Act 2015 (WA)amongst members and management committees of incorporated associations. Continue to review and, where appropriate, expand communication channels, includingsocial media/digital.Enhancing engagement with traders2021-22 Initiatives Review existing trader engagement processes to maximise the impact on complianceof all regulated traders. Ensure strong networking relationships with relevant trader organisations. Maintain direct, open, operational relationship with the Small BusinessDevelopment Corporation. Develop Commissioner guidance notes on cyber security issues for the real estate,settlement and motor vehicle industries.Page 8

Supporting non-government organisations2021-22 Initiatives Review the viability of the Rental Accommodation Account and examine option for aConsumer Account. Ensure strong networking relationships with relevant, consumer focussed,non-government organisations. Work with non-government organisations in the delivery of community engagement initiatives.AccountableEnhancing implementation of government policy initiatives2021-22 Initiatives Enhance policy consultation processes, with greater reliance on visual, interactive andless complex methodologies. Commit to three-year cap on policy development timelines, with policy project scopeadjusted accordingly. Support government to enable enactment of new legislation, including: 9Fair Trading Amendment Bill 2021;9Ticket Scalping Bill 2021; and9Mutual Recognition (Western Australia) Amendment Bill 2021.Prioritise the following policy initiatives:9Completion of the review of the Retirement Villages Act 1992.9Full implementation of the review of the Residential Parks (Long-stay Tenants) Act 2006.9Completion of the review of the Residential Tenancies Act 1987.9Conduct the review of the Commercial Tenancy (Retail shops) Agreements Act 1985.9Development of a Consumer Justice Strategy 2021-25.9Full implementation of the review of the Motor Vehicle Dealers Act 1973 and theMotor Vehicle Repairers Act 2003.9Development of an integrated debt management and short-term loan strategy.9Implementation of price disclosure in the funeral industry.Improving transparency2021-22 Initiatives Develop and publish a new Consumer Protection Compliance and Enforcement Strategy. Develop and publish a Consumer Protection Year in Review for 2021-22. Develop and publish an Indigenous Consumers Count Report for 2021-22. Maintain a strong media and community presence.Page 9

Government of Western AustraliaDepartment of Mines, Industry Regulation and SafetyConsumer Justice Strategy2021-25For latest information please go to the rategy

initiatives that Consumer Protection will implement during each financial year, starting with individual initiatives for 2021-22. The Consumer Justice Strategy is built on three pillars that will guide Consumer Protection's overall operations. Consumer Protection will be Responsive, Engaged and Accountable. These three pillars directly