Legislative and Governance Forum
on Consumer Affairs
taking action, gaining trust
A National Indigenous Consumer Strategy
Action Plan 2014 – 2016
Copyright
The information contained in this document is subject to copyright under the Copyright Act 1968 (Commonwealth) and is
owned by the Council of Australian Governments Legislative and Governance Forum on Consumer Affairs. No part of this
document may be reproduced without permission from the Council of Australian Governments Legislative and Governance
Forum on Consumer Affairs.
Disclaimer
The National Indigenous Consumer Strategy Reference Group declare that the information contained in this document is
true and correct at the time of printing. The material contained in this plan is provided for general information and is not
intended to provide extensive coverage of issues.
Contact
Mr Paul Coles
Regional Manager / Coordinator Aboriginal Action Plan
Chairperson, National Indigenous Consumer Strategy Reference Group
NSW Fair Trading
Level 2, 117 Bull Street
Newcastle NSW 2300
Telephone: (02) 4925 7008
Email: [email protected]
Published by NSW Fair Trading, 2014
Please note: This document may contain images of deceased people.
Taking action, gaining trust
A National Indigenous Consumer Strategy
Action Plan 2014 - 2016
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A National Indigenous Consumer Strategy Action Plan 2014 - 2016
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Legislative and Governance Forum on Consumer Affairs
The Legislative and Governance Forum on Consumer Affairs, formerly the Ministerial Council on
Consumer Affairs (MCCA), consists of all Commonwealth, State, Territory and New Zealand
Ministers responsible for consumer policy. The role of the Legislative and Governance Forum
on Consumer Affairs is to consider consumer affairs and fair trading matters of national
significance and, where possible, develop a consistent approach to these issues.
On 1 September 2005 all Australian members of the then MCCA signed a Statement of
Commitment for the development and implementation of the National Indigenous Consumer
Strategy Action Plan 2005-2010.
The Action Plan demonstrated MCCA’s shared
responsibility for ensuring that Australia’s performance in Indigenous consumer affairs is
continually improved and beneficial outcomes for Indigenous consumers are achieved.
Through the Legislative and Governance Forum on Consumer Affairs, Commonwealth, State
and Territory consumer agencies remain committed to:
•
the promotion of basic human rights recognised by the United Nations for Indigenous
people in Australia;
•
building awareness, knowledge and confidence for Indigenous people to exercise
their consumer rights;
•
improving access to consumer protection services utilising effective outreach and
engagement; and
•
improving market outcomes for Indigenous consumers.
In 2002-2003 the then Standing Committee of Officials of Consumer Affairs (SCOCA), now
Consumer Affairs Australia New Zealand (CAANZ), participated in and convened a number
of workshops in response to concerns about the disadvantages experienced by Indigenous
consumers. Subsequently the concept of a national plan was developed which became
known as the National Indigenous Consumer Strategy.
The Strategy has been implemented in all States and Territories and positive progress has
been undertaken by all consumer agencies. The Strategy and related Action Plan were
revised in 2009 to cover the period 2010-2013. This document is the third iteration of the
“Taking action, gaining trust” National Indigenous Consumer Strategy and contains the
Action Plan for 2014-2016.
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Acronyms
ACCC
Australian Competition and Consumer Commission
ASIC
Australian Securities and Investments Commission
CAANZ
Consumer Affairs Australia New Zealand
EIAC
Education and Information Advisory Committee
MCCA
Ministerial Council for Consumer Affairs
SCOCA
Standing Committee of Officials of Consumer Affairs
The word Indigenous used throughout this document refers to Aboriginal and Torres Strait
Islander people.
The term consumer agencies used throughout this document refers to consumer and fair trading
offices, the Australian Securities and Investments Commission, the Australian Competition and
Consumer Commission and Commonwealth Treasury.
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Contents
Statement of commitment
1
Introduction
2
Statement of principles
3
National priority 1 - Trading practices
4
National priority 2 - Housing
6
National priority 3 - Consumer awareness
7
National priority 4 - Contracts
9
Consumer agencies
10
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Statement of commitment
As the Legislative and Governance Forum on Consumer Affairs, we have accepted responsibility
for the development and implementation of the National Indigenous Consumer Strategy. This
Strategy demonstrates our continued shared responsibility for ensuring that Australia’s
performance in Indigenous affairs is continually improved.
The Strategy will focus our efforts in working together to improve outcomes for Indigenous
consumers.
Commonwealth, State and Territory consumer agencies are committed to the following strategic
directions:
•
the promotion of basic consumer rights recognised by the United Nations for Indigenous
people in Australia;
•
to build knowledge, confidence and awareness for Indigenous people to action their
consumer rights;
•
to improve access to consumer protection services; and
•
improving market outcomes for Indigenous consumers.
We have developed an Action Plan and are committed to working co-operatively on the issues
and actions identified in the plan. We are also committed to regularly reviewing our achievements
against the actions and will further develop the plan in light of these achievements.
We recognise that there are many other stakeholders who make significant contributions to
improving Australia’s performance regarding Indigenous consumer affairs.
We invite
stakeholders to adopt and implement the Action Plan.
Hon Bruce Billson MP
Minister for Small Business
Hon Mathew Mason-Cox MLC
Minister for Fair Trading
Hon Heidi Victoria MP
Minister for Consumer Affairs
Department of the Treasury
New South Wales
Victoria
Hon Vanessa Goodwin MLC
Attorney-General
Minister for Justice
Hon Michael Mischin MLC
Attorney-General
Minister for Commerce
Hon John Elferink MLA
Attorney-General and Minister
for Justice
Tasmania
Western Australia
Northern Territory
Hon Jarrod Bleijie MP
Attorney General
and Minister for Justice
Mr Simon Corbell MLA
Attorney-General
Hon Gail Gago MLC
Minister for Business Services
and Consumers
Queensland
Australian Capital Territory
South Australia
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Introduction
This Action Plan represents the third iteration of the National Indigenous Consumer Strategy
Action Plan “Taking action, gaining trust” and will cover the period 2014-2016.
The original Action Plan was prepared by the then SCOCA working party representing all
Commonwealth, State and Territory Government consumer agencies and endorsed by the
then MCCA. The Action Plan was launched in September 2005 and updated in 2009 to
refocus the strategy around the issues of trading practices, housing issues and consumer
literacy.
A National Indigenous Consumer Strategy Implementation Reference Group consisting of
representatives of Australian SCOCA agencies was established to monitor and co-ordinate
implementation of the Action Plan. The Reference Group continues to take responsibility for
its implementation, and has established an effective collaboration when dealing with issues
of mutual concern.
The Reference Group met in Sydney on 11 and 12 September 2013 to review and renew
the objectives for the Strategy as well as the detail of the Action Plan for 2014-2016. The
following four priority areas were identified for this Action Plan:
1. Trading practices
2. Housing
3. Consumer awareness
4. Contracts.
The Reference Group will also develop and implement an annual project for each year of this
current Action Plan.
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Statement of principles
Consumer agencies recognise that:
•
the rules regulating traders and service providers need to be fair and responsive to
the needs of Indigenous people;
•
cultural and operational changes are required within consumer agencies to respond
to enquiries from Indigenous consumers in the most effective way;
•
employment of Indigenous staff in key positions in consumer agencies needs to
occur;
•
it is important for consumer agencies to continue to advocate on behalf of
Indigenous consumers and empower the community; and
•
although jurisdictions have differing priorities, the Action Plan will be a template for
action to improve Indigenous consumer awareness.
The priority areas and actions identified in the Action Plan recognise that consumer agencies
need to continually monitor and adapt the way they deliver their services to Indigenous
people.
Continuation of the Reference Group as a forum for information sharing and collaboration
will ensure best practice in education and compliance strategies for Indigenous consumers.
Progress in implementing the Action Plan will continue to be monitored, evaluated and
reported annually.
It should be noted that the Action Plan represents a set of national strategies and areas of
coverage. There will be specific areas that individual consumer protection agencies will have
neither a mandate nor responsibility and it is not expected that all action items will be equally met
by all agencies.
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National priority 1 - Trading practices
The focus of this priority is to improve the practices of traders servicing Indigenous
consumers. Key factors that increase disadvantage in this area include geographic isolation
for remote consumers, lack of choice and competition, low levels of English, lack of financial
literacy and restricted access to services. These same factors also make it difficult for
consumer agencies to monitor inappropriate behaviour by traders.
Constantly changing marketplaces will present challenges to consumer agencies in the
future. Consumer agencies and the legislation they administer will need to change to reflect
these challenges. However, the main product areas warranting the current focus for this
priority area are; financial services, motor vehicles, funeral funds and telecommunications.
These product areas may also change over time.
Issue
Priority
Unsolicited sales
•
•
Telemarketing
Door-to-door
Marketing
Activity
•
Educate traders about their
obligations under fair trading
laws and acceptable
practices.
•
Educate Indigenous
communities about these
practices and provide
feedback about enforcement
outcomes.
•
Provide ongoing monitoring of
door-to-door and itinerant
traders, including cooperative
action between agencies to
address emerging problems.
•
Undertake appropriate
enforcement of legislation in
this area.
Misleading or deceptive conduct
in the promotion of goods and
services including:
•
Educate traders and media
outlets around good
marketing practices.
•
financial services products;
•
•
motor vehicles; and
Monitor market trends in
terms of nature of activities
and media used.
•
telecommunication products.
•
Enforce legislation in this
area.
Unsolicited sales remain a
concern; this includes both doorto-door and itinerant traders as
well as telemarketers who use
high pressure selling practices
that target Indigenous
consumers.
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Issue
Priority
Debt collection
Book up
Use of harassment and coercion
in recovering outstanding debts.
Concerns with PIN security,
differential pricing, fees and
charges, and poor book keeping
practices.
Activity
•
Educate traders involved in
debt collection activities about
acceptable practices.
•
Educate Indigenous
consumers about their rights
and access to financial
counselling.
•
Develop debt collection
guidelines that are relevant to
Indigenous consumers.
•
Enforce legislation in this
area.
•
Educate and encourage
traders to use good practices.
•
Monitor and respond to
changes in book-up type
practices that have a negative
impact on Indigenous
consumers.
•
Enforce legislation in this
area.
Consultation and feedback
Poor practices associated with book up have a detrimental effect on Indigenous consumers and it
continues to be our opinion that traders should not take possession of cards and PIN numbers.
Lack of competition in remote communities results in Indigenous consumers experiencing
exploitive pricing of goods and services and high pressure door to door selling of insurance,
funeral plans, white goods, telecommunications products and other products.
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National priority 2 - Housing
This priority focuses on discrimination experienced by Indigenous people in seeking and
obtaining appropriate housing, particularly housing in the private market.
Access to appropriate and affordable housing is a fundamental human right. Tenancy is a
major issue for most consumer agencies and whilst it may not be the primary responsibility
for some agencies, they should take action where they can.
Recognising that the responsibilities for this area are diverse, it will still require advocacy and
referral by consumer agencies to assist Indigenous tenants.
Issue
Priority
Tenancy rights &
responsibilities
In some jurisdictions Indigenous
tenants may not have the same
access to their rights as other
tenants.
Indigenous tenants are unaware of
their rights and responsibilities.
Activity
•
Educate tenants and other
key intermediaries on tenancy
rights and responsibilities, and
promote access to dispute
resolution and advocacy.
•
Educate Indigenous housing
providers on their obligations
and responsibilities within the
law.
•
Ongoing awareness training
of tenants, agents and
landlords.
•
Take action against licensed
agents that have been proved
to have contravened antidiscrimination and equal
opportunity laws.
Indigenous housing providers are
unaware of their obligations as a
housing provider.
Discrimination
Distress over housing and
accommodation caused by
discrimination by real estate agents
and landlords.
Consultation and feedback
Across Australia Indigenous tenants are often unaware of their rights and responsibilities
under various state and territory tenancy legislation. Discrimination is also not uncommon
for Aboriginal tenants or those who seek rental accommodation in the private marketplace.
This is often due to the ignorance of landlords or others in the real estate industry of the
relevant anti-discrimination laws designed to address racial discrimination. Indigenous
people are more susceptible to discrimination due to their reliance on welfare payments and
number of family and extended family members who may be seeking a suitable rental
property.
Indigenous social housing providers, such as Aboriginal Lands Councils may also seek
assistance from relevant agencies from time to time given they may not be equipped with
trained personnel with property management experience.
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National priority 3 - Consumer awareness
Low levels of consumer awareness increase the vulnerability and disadvantage of
Indigenous consumers. The focus of this priority is to improve consumer awareness, with a
particular emphasis on the education of young people, particularly in relation to their lack of
financial services knowledge for those located in regional and remote areas.
Issue
Priority
Financial literacy
Consumer rights
Lack of understanding of:
•
how to manage money, in
particular budgeting,
insurance and savings;
•
fees and charges associated
with loans and financial
services (e.g. internet,
penalty fees and defaults);
•
need to retain records; and
•
financial obligations.
Lack of awareness and
knowledge of consumer rights
and responsibilities including
the:
•
right to complain;
•
right to refuse; and
•
understanding of warranties.
Activity
•
Maintain Indigenous issues as
integral to the operations of
the Financial Literacy Board
within ASIC.
•
Cross jurisdiction focus on
education in relation to
retention of records including
receipts or other proof of
purchase.
•
Develop and implement
education and information
campaigns that include
culturally appropriate
messaging and
communication channels.
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Priority
Issue
Knowledge of
consumer protection
services and complaint
processes
Lack of awareness of the
complaint process, the lack of
skills to complain and the lack of
culturally sensitive complaint
processes.
Lack of knowledge about and
how to access consumer
protection agencies.
Activity
•
Promote best practices in
engagement with Indigenous
communities.
•
Enhance complaint processes
to encourage and
accommodate Indigenous
consumer needs.
•
Continue NICS Reference
Group as a forum for sharing
of best practice education and
compliance strategies for
Indigenous consumers.
•
Continue and enhance
referral practices between
consumer protection agencies
and other organisations
servicing Indigenous
consumers.
•
Develop and maintain
education campaigns to
promote and create greater
awareness within Indigenous
communities of the role of
consumer agencies and
complaint mechanisms.
Consultation and feedback
Consumer awareness incorporates many issues, including financial literacy. Financial
literacy is more than acquiring knowledge and budgeting skills; people need to understand
financial terms and concepts and how financial systems work. Programs need to be
designed so that people with limited literacy and numeracy skills can better understand
financial information.
Consumer agencies need to be responsive to the cultural needs and sensitivities when
dealing with complaints from Indigenous consumers and when developing educational
material. Agencies should give consideration when developing education and training
campaigns to adapt their materials and take into account the needs of Indigenous
consumers. Consumer agencies, as part of their outreach activities, should consider visiting
communities and provide face-to-face services as this gains greater support and trust from
Indigenous people. Agencies should also be flexible and provide education and training in
appropriate languages, and provide visual information apart from brochures.
Agencies need to visit communities so that they get an understanding of the issues facing
Indigenous people.
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National Priority 4 - Contracts
In general, many Indigenous consumers experience difficulties in understanding complex
contracts and the financial implications of signing these contracts.
Issue
Priority
Contracts
Lack of understanding of:
•
rights and responsibilities;
•
terms and conditions; and
•
implications of entering into
contracts.
Activity
•
Ensure EIAC specifically
takes account of Indigenous
consumer issues.
•
Undertake research to inform
communication strategies and
approaches (evidence based)
to raise awareness of the
implications of entering into
contracts.
•
Focus application of unfair
contract terms legislation on
contracts detrimental to
Indigenous consumers.
•
Enforce legislation in this
area.
•
Continue to educate traders
on their responsibilities to
Indigenous consumers.
Consultation and feedback
Many people have consumer-related problems to deal with, arising from low consumer literacy,
financial literacy or literacy more generally; for Indigenous consumers these problems are likely to
be more evident and can also make them more vulnerable to scams. Whether or not there is a
deliberate targeting of Indigenous consumers is not always easy to discern.
A lack of experience with written contracts and understanding of consumer laws generally, makes
it not only difficult for Indigenous people to identify consumer-related issues, it can put them in a
very vulnerable position when interacting with traders, landlords and service providers.
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Consumer agencies
New South Wales
NSW Fair Trading
NSW Fair Trading (a division of the Office of Finance and Services) safeguards consumer
rights, regulates specific industries and occupations, and advises traders on fair and ethical
business practices. Fair Trading continually strives for excellence in compliance and service
delivery.
Fair Trading also supports local communities across NSW in many ways, such as its Aboriginal
Action Plan (AAP). The AAP involves making our services more accessible to Indigenous
communities right across NSW to improve the experience of Indigenous consumers in the
marketplace.
Head Office
60 Station Street
Parramatta NSW 2150
Postal address
PO Box 972
Parramatta NSW 2124
Tel: (02) 9895 0111
Fax: (02) 9895 0222
Web: www.fairtrading.nsw.gov.au
Enquiry line: 13 32 20
Aboriginal enquiry officer: 1800 500 330
Australian Capital Territory
Office of Regulatory Services
The Office of Regulatory Services promotes fair trading to protect consumers in the ACT. It
provides information to consumers on how to avoid potential problems, and assists with
complaints made against businesses trading in the ACT. The Office also offers businesses
an advisory service that explains the fair trading framework within which they should
operate.
Head Office
ACT Office of Regulatory Services
255 Canberra Avenue
Fyshwick ACT 2609
Postal address
GPO BOX 158
Canberra City ACT 2601
Tel: (02) 6207 3000
Eml: [email protected]
Web: www.ors.act.gov.au
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Australian Competition and Consumer Commission (ACCC)
The ACCC is a national law enforcement authority established to administer the Competition
and Consumer Act 2010. The ACCC seeks to promote competition, fair trade and facilitate
consumer protection in markets to benefit businesses, consumers and the wider community
whilst ensuring that individuals and businesses comply with Australian competition, fair
trading, and consumer protection laws.
The ACCC has identified Indigenous consumers as one of its high priority areas under the
ACCC's Compliance and Enforcement Policy.
The ACCC continues to build partnerships with remote communities and key Indigenous
stakeholders. The objective of the ACCC work is to ensure that consumers have sufficient
information and knowledge about their consumer rights to make informed decisions when
purchasing goods and services. The ACCC will continue to work with businesses to ensure
that they are aware of their rights and obligations when dealing with indigenous consumers.
Web: www.asic.gov.au
ACCC Indigenous infoline: 1300 303 143
Australian Securities and Investments Commission (ASIC)
ASIC promotes confident and informed participation by consumers and investors in the
financial system by:
•
•
•
•
providing education, through the National Financial Literacy Strategy
providing trusted and independent information, tools and ongoing support
working in partnership with the financial services industry and promoting best
practice
working with diverse communities through its outreach teams including the
Indigenous Outreach Program (IOP).
Head Office
Level 5
100 Market Street
Sydney NSW 2000
Postal address
GPO Box 9827
Sydney NSW 2001
Tel: (02) 9911 2000
Fax: (02) 9911 2414
Web: www.asic.gov.au
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Northern Territory
Northern Territory Consumer Affairs
Northern Territory Consumer Affairs is the Government agency responsible for administering
the Australian Consumer Law and the Consumer Affairs and Fair Trading Act as well as
various other pieces of legislation. The office monitors businesses for compliance with
applicable legislation and advises consumers of their rights. Consumer Affairs Officers assist
with negotiation, conciliation and dispute resolution processes with respect to fair trading and
other matters within the legislation administered.
Head Office
Northern Territory Consumer Affairs
Level 1
The Met Building
13 Scaturchio Street
Casuarina NT 0810
Postal address
PO Box 40946
Casuarina NT 0811
Tel: 1800 019 319
Fax: (08) 8935 7738
Web: www.consumeraffairs.nt.gov.au
Queensland
Office of Fair Trading
The Office of Fair Trading serves Queensland consumers and businesses by: providing
information and advice about their rights and responsibilities; helping resolve marketplace
disputes; licensing a range of occupations; investigating unfair business practices; prosecuting
unscrupulous businesses; and providing information about product safety.
Head Office
Department of Justice and Attorney-General
Level 4, Executive Annexe
102 George Street
Brisbane QLD 4001
Postal address
GPO Box 3111
Brisbane QLD 4001
Customer Call Centre: 13 QGOV (13 74 68)
Web: www.fairtrading.qld.gov.au
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South Australia
Consumer and Business Services
Consumer and Business Services (CBS) provides information and advice about consumer
rights and tenancies matters and assists in resolving disputes. CBS also monitors business
activities, investigates complaints and takes enforcement action against unlawful conduct.
Other services provided by CBS include:
• licensing for certain occupations, trades and businesses;
• registration of incorporated associations;
• regulation of the liquor, gaming, casino, racing, lottery and charity industries; and
• birth, death and marriages.
Head Office
Ground Floor
91 Grenfell Street
Adelaide SA 5000
Postal address
GPO Box 1719
Adelaide SA 5001
Tel: 13 18 82
Fax: (08) 8204 9590
Web: www.cbs.sa.gov.au
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Tasmania
Consumer Affairs and Fair Trading
Consumer Affairs and Fair Trading provides a range of services and information to the
Tasmanian community, in order to encourage a fair, safe and equitable marketplace.
Our services include:
• providing information and dispute resolution services to consumers, traders, tenants,
landlords and property managers;
• discouraging behaviour that promotes unfair competition based upon misleading
claims or deceptive conduct;
• monitoring products in the market place to ensure they meet product safety
standards;
• managing the licensing regime for motor vehicle traders and conveyancers;
• registration of incorporated associations and co-operative societies (including
ensuring registered bodies comply with their reporting requirements) and providing
approval for non-local charities to collect donations in Tasmania;
• maintaining a secure repository for rental bonds along with quick and cost effective
lodgement and disbursement processes; and
• providing investigative services for the Residential Tenancy Commissioner and
determining disputes regarding how bonds should be distributed at the end of a
tenancy.
Head Office
Level 3
15 Murray Street
Hobart TAS 7000
Postal address
GPO Box 1244
Hobart TAS 7001
Tel: 1300 654 499
Fax: (03) 6233 4882
Web: www.consumer.tas.gov.au
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Victoria
Consumer Affairs Victoria
Consumer Affairs Victoria provides consumers with advice, conciliation services and
information on a range of issues including real estate, renting, contracts, mobile phones,
motor vehicles and other consumer issues. Consumer Affairs Victoria has a dedicated Koori
help line.
Head Office
Department of Justice
121 Exhibition Street
Melbourne VIC 3000
Postal address
GPO Box 123
Melbourne VIC 3001
Web: www.consumer.vic.gov.au
Koori help line: 1300 661 511
Western Australia
Department of Commerce
The Department of Commerce promotes consumer protection and fair trading in Western
Australia. The Department provides information and advice, helps to resolve disputes,
investigates complaints, prosecutes unscrupulous traders, licenses a range of activities and
develops legislation for Government.
Head Office
Level 7
219 St George’s Terrace Cloisters Square
Perth WA 6000
Postal address
Locked Bag 14
Perth WA 6850
Tel: (08) 9282 0602
Fax: (08) 9282 0727
Web: www.commerce.wa.gov.au
Consumer Protection Advice Line: 1300 30 40 54
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Legislative and Governance Forum on Consumer Affairs - Taking action, gaining trust
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