CAV in Context
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CAV in context Consumer Affairs Victoria (CAV) is the Victorian Government’s leading consumer protection agency, working towards the vision of “Confident Consumers, Protected Communities”. Dr David Cousins Consumer Affairs Victoria’s primary strategy is to help make markets work better, Director by providing services to, and engaging with, both consumers and business. Consumer Affairs Victoria Markets that are competitive, efficient and fair work in the interests of consumers and the general community. Within this context, Consumer Affairs Victoria pursues the following seven strategic priorities: • identify and address current and emerging marketplace issues • ensure that existing marketplace interventions are effective and efficient • target issues of concern to vulnerable and disadvantaged consumers • provide leadership in alternative dispute resolution • strengthen compliance and enforcement • strengthen education and information services, and • modernise the organisation. Paul Myers The core business functions of Consumer Affairs Victoria are to: General Manager • provide information and advice to consumers, tenants, traders, landlords and Program Development the Government on consumer and tenancy issues & Evaluation • educate consumers and traders on their rights and responsibilities, and changes to the law • seek to reduce disputes between consumers and traders and tenants and landlords • ensure compliance with consumer laws • promote product safety • regulate the consumer environment through licensing and registration, and • promote accurate trade measurement. The organisational structure of Consumer Affairs Victoria serves the achievement of these priorities and performance of these key functions. The organisation is headed by the Director of Consumer Affairs, whose powers Peter Hiland and functions in terms of various pieces of legislation are set out in detail General Manager elsewhere in this Report. Five branches of Consumer Affairs Victoria reported Compliance & Enforcement directly to the Director as at year end. The Program Development and Evaluation Branch provides services to the Minister for Consumer Affairs and the Director. Branch functions include development, review and evaluation of consumer policies and programs, and provision of strategic planning support. The Branch undertakes public reviews of consumer legislation, prepares bills for the legislation program, and produces business plans. The Compliance and Enforcement Branch is responsible for ensuring that traders comply with the law, and for taking enforcement action where there is serious and/or systemic conduct causing detriment to consumers. The Branch oversees compliance and enforcement activities in relation to licensed occupations, product safety and trade measurement, as well as dealing with general issues such as Stephen Devlin misleading and deceptive conduct, and failure to supply goods and services General Counsel as agreed. Consumer Affairs Victoria xi The External Relations Branch (which was re-structured during the year), co-ordinated stakeholder interaction including the Community Program, the Indigenous Consumers Unit, and the Bilingual Program (later the Multicultural Consumers Unit). The Branch also provided strategic media and executive services. The Corporate Resources Branch of the organisation is responsible for finance (including trust fund management), grant program contracts, evaluation and supervision, residential bonds, business information system administration and support, and business unit human resources support. The Education and Information Branch develops and manages education Lois Goodes programs and public information, including marketing and publicity strategies Manager relating to matters of concern to consumers. External Relations The Deputy Director of Consumer Affairs Victoria has overall responsibility for activities and outputs of the majority of the operational branches of the organisation, as well as supporting or delegating for the Director on a variety of organisational, strategic, priority and Departmental matters. The following branches reported to the Deputy Director as at year end. The Corporate Projects Branch brings together the expertise of various projects officers, and plans and coordinates cross-organisational responses to emerging issues and organisational priorities. The Registration Branch deals with the registration of business names, incorporated associations, co-operatives and limited partnerships, and processes certain applications relating to retirement villages. The Registration Branch receives and processes registration applications and updates of registration information, and deals with clients via a public counter, mail, fax, and an Warwick Knight online transaction service. General Manager Corporate Resources The Dispute Resolution Branch offers conciliation and mediation services to the public, aimed at empowering parties to resolve disputes between themselves. In specific circumstances, proceedings will be instituted or defended on behalf of members of the public. The Enquiries Branch offers information services to the public, in particular through the provision of a Statewide enquiries line, email, and face-to-face advice at Consumer Affairs Victoria offices. The Regional Operations Branch (which came into existence during the financial year) develops and administers the full range of operational processes affecting regional services, and informs the development of policy and legislation, corporate strategy, and business and operational planning, in relation to delivery of Consumer Affairs Victoria’s core services across all regional areas of Victoria. The Licensed Occupations Branch provides support services to the Business Chris Noone Licensing Authority (BLA), a statutory body. The Branch conducts licence General Manager application processes in respect of specific occupations which are required by law Education & Information to be licensed or registered, and investigates applications on the BLA’s behalf. Geoff Browne Anne Cousins Andrew Levens Deputy Director Acting General Manager General Manager Consumer Affairs Victoria Corporate Projects Registration xii The Liquor Licensing Branch provides services to the Director of Liquor Licensing (a statutory appointee) in support of that office’s activities in deciding liquor licence applications and determining appropriate licensing conditions. In addition to the BLA and the Director of Liquor Licensing, mentioned above, Consumer Affairs Victoria provided support services or otherwise worked with, the following statutory bodies and corporations during 2004-05: • the Motor Car Traders’ Guarantee Fund Claims Committee • the Consumer Credit Advisory Committee • the Estate Agents Council • the Prostitution Control Act Ministerial Advisory Committee • the Consumer Utilities Advocacy Centre • the Housing Guarantee Fund Limited, and • the Patriotic Funds Council. To further enable achievement of its objectives, Consumer Affairs Victoria is also involved in a network of relationships with government and non-government agencies, at State and Federal levels. Consumer Affairs Victoria is a business unit of the Department of Justice. As such, the organisation, through its core business functions, plays a role in the Department’s contribution to three key Whole of Victorian Government outcomes: • safe streets, homes and workplaces • building cohesive communities and reducing inequalities, and • promoting rights and respecting diversity. In this way Consumer Affairs Victoria contributes to the Victorian Government vision for 2010 that Victoria will be a State where: • innovation leads to thriving industries generating high quality jobs • protecting the environment for future generations is built into all Government activities • communities are caring and safe, and opportunities are fairly shared, and Neil Taylor • all Victorians have access to the highest quality health and education services General Manager throughout their lives. Dispute Resolution The legislation administered by Consumer Affairs Victoria, and the activities undertaken by the organisation in this regard, are primarily directed to assist Victorian consumers. However, many businesses operating in Victoria also operate interstate, and markets are frequently national in character. Thus it is essential that solutions to consumer problems take full account of national implications. As much uniformity as possible is desirable across jurisdictions in legislation and its administration, so as to minimise business compliance costs and maximise business and consumer understanding of the law. Consumer Affairs Victoria as far as possible applies a national perspective in developing policy solutions to marketplace problems. The result is that the organisation seeks to lead other agencies to adopt appropriate measures to enhance consumer protection, in key areas, resulting in a network of relationships between Consumer Affairs Victoria and various interstate and Federal agencies. Consumer Affairs Victoria is active in the Ministerial Council on Consumer Steven Scodella Affairs (MCCA), and the Director is represented on the Standing Committee General Manager of Officials of Consumer Affairs (SCOCA). Enquiries Simon Willshire Wally Korczynski Alison Smith General Manager General Manager General Manager Liquor Licensing Licensed Occupations Regional Operations xiii Consumer Affairs Victoria 2004-05 Minister John Lenders MP (to January 2005) Marsha Thomson MP (from January 2005) Statutory