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VCAT & CAV
Terms in this set (14)
Consumer Affairs Victoria (CAV)
A complaint body of the Victorian Government's Department of Justice and Regulation (business unit). Victorias consumer affairs regulator. It advises Victorian Government on consumer legislation, provides information and guidance to educate people about consumer laws, and enforces compliance with consumer laws.
Organisation established by parliament to resolve formal grievances or complaints made by an individual.
Purpose of CAV
Provides consumers, traders and landlords and tenants, with dispute resolution processes. Help people settle their disputes constructively, without any cost.
Main method used CAV to help parties resolve disputes. Involves the assistance of an independent or neutral third party who helps the parties reach a mutually acceptable decision between them. Conciliator is legally trained or has experience in legal expertise of the dispute.
- Enquiry Policy
- Conciliation Policy
- Compliance and Enforcement Policies.
: Its conciliation is free, meaning that it remains accessible to all Victorians, regardless of ability to pay.
: Can be conducted over the phone or in a informal setting.
Case by Case
: Assesses disputes individually, reducing waste of time and resources.
: Parties do not have to wait moths or years for resolution.
: Ensures that parties reach a decision on their own.
: CAV's role is limited mainly to consumer and landlord disputes, meaning that is has no power to assist the many other types of civil disputes.
Conciliation Not Compulsory
: CAV has no power to compel people to undergo conciliation.
Decision Not Compulsory
: CAV has no power to enforce any decisions reached by the parties in conciliation.
Not All Cases Accepted
: The lack of binding decision and formality may mean more parties will fail to take decisions seriously.
: CAV may not be appropriate for large and complex disagreements, including those with several parties or complex legal questions.
Victorian Civil and Administrative Tribunal (VCAT)
A tribunal that decides civil and administrative legal cases in Victoria. Resolves disputes and makes decisions in a timely, cost efficient and effective way. Less formal than court and most people don't need legal representation.
VCAT can only hear cases through legal authority. The law that establishes VCAT and governs it operations in the Victorian Civil and Administrative Act 1998.
To provide Victorians with a low cost, accessible, efficient and independent tribunal delivering high quality dispute resolution processes, including through alternative dispute resolution method. They aim to be approachable, accessible, informal, timely, fair, impartial, consistent and efficient.
VCAT Civil Division Lists
1. Civil Claims
2. Building and Property
3. Owners Corporations
: Each lists operates in its own specialised jurisdiction, resulting in expertise in that area of law.
: Parties are encouraged to reach a resolution between themselves, and often VCAT will refer the parties to mediation or a compulsory conference.
: Smaller claims benefit from the more streamlined process (court cases have more processes and are more time consuming).
: Reaches a decision that is legally binding.
: Due to increased use of legal representation, the cost of taking a matter to VCAT can often be as high, if not higher than court prices.
: For large and complex civil claims such as class action, VCAT is not appropriate.
: There is limited right to appeal VCAT decisions. Decisions can only be appealed on a pint of law.
: This meaning VCAT members can sometimes be casual, sessional without as much experience.
Not Bound By Precedent
: as it is not apart of the court hierarchy.
: Decisions need to be certified by a court before they are enforced which is time consuming. Legislation is proposed to pass to make VCAT decisions ore accessible.
VCAT Cannot Hear:
- Disputes between employers and employees.
- Disputes between neighbours about fences, trees or unsocial behaviour.
- Disputes between people not connected with Victoria.
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