2. Advancing Consumer Rights: The Productivity Commission Review Elissa Freeman Senior policy officer www.choice.com.au

3. Overview About CHOICE About CHOICE Productivity Commission Review Productivity Commission Review Advocacy Advocacy Law Reform Law Reform Institutions Institutions Conclusions Conclusions

4. About CHOICE Independent NGO Independent NGO ‘no advertising, no bias’ ‘no advertising, no bias’ ‘paid for by you, our members’ ‘paid for by you, our members’ Consumer information Consumer information CHOICE magazine, CHOICE Online, others CHOICE magazine, CHOICE Online, others 200,000 members/subscribers 200,000 members/subscribers Consumer advocacy Consumer advocacy Policy development Policy development Campaigns Campaigns >~100 staff - 7 policy and campaign staff >~100 staff - 7 policy and campaign staff

5. Productivity Commission Review 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

6. Advocacy Increased resourcing Increased resourcing legal aid legal aid Financial counselling services Financial counselling services Modest funding Modest funding representative national peak consumer body representative national peak consumer body No National Consumer Council No National Consumer Council

7. Advocacy What additional funding is needed? How much $$$? Where is the greatest need? What sort of networking and policy assistance would work?

8. Law Reform Stronger enforcement powers (Yes) Stronger enforcement powers (Yes) Representative and class actions (Yes) Representative and class actions (Yes) Unfairness Unfairness Contract Terms (Sort of) Contract Terms (Sort of) Trading (NO) Trading (NO) Law Reform Commission Of Ireland

9. Law 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

10. Institutional change National generic consumer law National generic consumer law Best practice or lowest common approach Best practice or lowest common approach ACCC to takeover enforcement? ACCC to takeover enforcement? Is it adequately resources? Is it adequately resources? Greater prominence of consumer policy nationally Greater prominence of consumer policy nationally Minister for Competition Policy and Consumer Affairs Minister for Competition Policy and Consumer Affairs

11. Summary Some PC recommendations directly meet consumer needs Some PC recommendations directly meet consumer needs The notion of ‘unfairness’ has entered the consumer policy landscape but still needs work The notion of ‘unfairness’ has entered the consumer policy landscape but still needs work A national takeover of consumer law presents opportunities and threats A national takeover of consumer law presents opportunities and threats Like many reviews of this scale, the Productivity Commission’s final report will probably raise as many questions of policy and politics as it answers. Those questions will be framed within a framework that acknowledges the needs of vulnerable & disadvantaged consumers and solidifies the role of consumer advocacy, which can only be a good thing for advancing consumer rights. Like many reviews of this scale, the Productivity Commission’s final report will probably raise as many questions of policy and politics as it answers. Those questions will be framed within a framework that acknowledges the needs of vulnerable & disadvantaged consumers and solidifies the role of consumer advocacy, which can only be a good thing for advancing consumer rights.

12. Thankswww.choice.com.au