Seniors Information Service - Consumer Protection

Consumer laws protect you in relation to:

Trading practices such as door-to-door sales, pre-paid funerals and health and fitness contracts
The safety of products that you buy
The purchase of products by weight or measure
Credit contracts
Buying services and goods
The rental of residential property.

You can expect the goods and services you buy to:

Be free of faults (unless you knew about them before purchasing)
Suit the intended purpose (for example, if you asked for some glue suitable for wood, that is what you should get, not glue suitable for paper)
Match the description or any sample shown to you
Be of merchantable quality, which means that there should be no hidden defects and the goods or services should be of a reasonable level of quality or performance, bearing in mind the price and the way they were described.

The Office of Consumer and Business Affairs is responsible for licensing various occupations including plumbers, gas fitters, electricians and builders. The licensing system exists to protect you from unsafe building work, poor business practices and to protect the water, gas and power supplies from damage caused by faulty work.

You should always select a licensed tradesperson for plumbing, gas fitting, electrical or building work (e.g. painting, tiling, paving, fencing and carpentry). Ask to see the tradesperson’s licence before they begin any work for you to ensure they do have the appropriate licence. If they can't produce it, ask for their licence number and then check the Consumer and Business Services' Licensing Public Register. If you don't use a licensed tradesperson and something goes wrong, insurance claims could be difficult.

Some home maintenance and renovation / refurbishment work (including installation of soft furnishing items) may occur as a result of door-to-door offering. The salesperson is required to give the consumer two forms: Notice of Right to Rescind Door-to-Door Contract and Notice to cancel contract.

Retirement village arrangements

In South Australia the Office for the Ageing (OFTA), tel. 8207 0413 or 8207 0354, is responsible for monitoring the compliance of the Retirement Villages Act and Regulations. The Information, Advice and Mediation Officer provides information and assistance on retirement village issues including clarification and conciliation regarding matters of concern. Complaints are received about retirement villages whose sales promises have not met consumer expectations. Sometimes it is the case of the consumer not having fully understood the contract that has been signed. OFTA and Seniors Information Service (SIS) recommend that impartial advice is obtained before a contract is signed.

SIS can offer information about retirement villages and will refer to the Law Society’s register of solicitors specialising in specific areas of law including the Retirement Village Act.

Rental arrangements

The Tenancies Branch of Consumer and Business Services is able to assist older people who have any tenant/landlord questions and is able to advise you of your rights and obligations as a tenant. Tel. Tenancy Advice Line, 131 882.

Tenants Information and Advocacy Service (TIAS) is a free service for low income tenants in private rental. The service covers, for example, appeals, bond assistance, complaints, debt, evictions, transfers and waiting lists. Contact TIAS on 8305 9459 or on 1800 060 462 (free for country callers). www.anglicare-sa.org.au/services/housing.html There is a drop-in service located at the Anglicare Family Centre North, 91 Elizabeth Way, Elizabeth.

Funeral arrangements

A pre-paid funeral plan includes a contract detailing the arrangements and service to be provided, and payment in advance, either as a lump sum or by installments. The money paid to the funeral director is invested and should be protected against inflation.

When entering into a contract, remember:

Make sure you read and understand it; if necessary, get independent legal advice before you sign.
Obtain a copy of your contract at the time of signing and keep it in a safe place.
All contracts (even those called 'standard') can be altered by you and the trader throughout negotiation, subject to mutual agreement.

Funeral directors are required to safeguard the investment by:

Providing a numbered, written contract issued in your name with full details of the funeral and service agreed upon
Guaranteeing a fixed price specified in the contract
Investing the money with an approved investment manager within seven days and guaranteeing to supply the funeral, even if the financial institution holding the funds goes out of business.

Shopping from home

Purchases from home may be done via door-to-door sales, mail order, television or the Internet. Such transactions are subject to the same laws as other purchases of goods and services. However, enforcing those laws against a trader who is interstate or overseas can be difficult and expensive.

Door-to-door traders must provide you with identification that clearly identify them, the company they represent and its address.

When shopping on the Internet check:

Trader identification - legal trade name, registered address, physical trading address, phone number and Australian Company Number (ACN) or ABN (Australia only)
Freight/delivery method and costs and their refunds and returns policy
Privacy statements setting out how the business deals with your personal information and security of your credit card details (security system used explained)
All dialogue boxes (to make sure they are filled in and ‘ok’ isn’t just clicked)
Currency exchange rates, sales tax/import duties
The legality of importing goods from overseas.

Other tips:

Be wary of offers that appear too good to be true and retailers who are evasive and won’t give contact numbers or addresses.
Print out your order before you send it; retain all correspondence and communication.
Don’t give your bank details to any business.
Only use your credit card for payment online if the retailer uses a secure payment system.
The safest way to pay is to fax or post your credit card details or post a cheque or money order.

When things go wrong

You have a right to complain if you have bought something which is faulty, been given deliberately false information about a product or service or goods do not match the description.

Try to resolve the situation by talking to the trader or contractor. It will help to have relevant documents handy. If this is not successful put your concerns in writing to the trader and ask for a written response. Keep your original letter. If you are not satisfied contact:

Consumer and Business Services formerly (OCBA)
Chesser House, 91-97 Grenfell Street, Adelaide
Tel. 131 882
Regional services are available at Berri, Mount Gambier, Naracoorte, Port Augusta and Port Pirie. Tel. 13 1882 for further information.

Consumer and Business Services publishes a range of booklets and brochures on consumer protection issues, which are also available on line from its website.

Do Not Call Register

Companies are barred from phoning anyone who lists residential or mobile phone numbers with the Australian Government Do Not Call Register. Most telemarketing firms will be barred but some groups including charities, religious organisations and political parties will still be able to call those who have registered. Register by phone (tel. 1300 792 958) or on line at www.donotcall.gov.au .