‘Assess the effectiveness of the legal system in protecting consumer rights’ I INTRODUCTION In regards to assessing the effectiveness of the Australian legal system in protecting consumer rights there are a number of areas, which must be critically examined.
This essay will analyse the Consumer Rights Act 2015 (‘CRA 2015’) as it is a significant element of the government’s reform of consumer law in the UK. The Act has been lauded as an immense upheaval of consumer law due to the integration of eight existing pieces of legislation into
4.0 Different Perspectives 4.1 Other States Although many states have investigated the effects of disqualify people with disabilities from jury service and made recommendations for law reforms in the area, apart from Western Australia, no state has taken active measures to implement the recommendations proposed. In Western Australia, people with disabilities are
When running a business, the most common legal transactions you will be involved in is a business contract and despite what type of business a person runs, by having an understanding of contract law is a key to creating sound business agreement that will be enforceable legally incase a dispute arises (Find law).
ACCT3014 Research Assignment Discussion of the article The media article indicated that Coles was facing more than $4 million fines, as ACCC argued its behaviour of lying about bread freshness could constitute breach of consumer law (SMH 2015). As the total amount of fines could be considerable, along with a negative impact on reputation, Coles could have entered into financial distress. The reason I chose this article was that most Australian people shop in Coles every week, thus the case is closely related to our life which is worth talking about. Besides, the article covered issue of sales and non-compliance of law which often attract auditors’ attention. The event mentioned in the article posed a risk to auditors in terms of inherent risk. Inherent risk means an auditor fails to identify or correctly understand the business risks that could result in material misstatement (Clubb 2015b). It is apparent that Coles’ behaviour is a non-compliance of law, which is included in business risk (Clubb 2015b). Therefore, auditors need to better understand the event highlighted in the article to increase the possibility of uncovering material misstatement. Auditors are held accountable for the problem because the problem may relate to potential misstatement in financial statements. If an auditor fails to uncover the misstatement, it is likely that he or she will issue a false opinion. However, auditor should express a true and fair view to increase the confidence of the external
Introduction Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties
The case that has been selected is Miguel, sixty year old Mexican-American male. He is married with three adult children who reside outside the home. Miguel was laid off from his job of twenty years when the company relocated. Miguel a proud Mexican-American and prides himself that he provided a good home and education to his family. Miguel is quiet concerned that he is struggling to provide for his wife and his mother that came to live with them. Miguel never told his wife that that he did not save very much for retirement or for these situations.
Cyber Crime The Australian Competition and Commission v Vassallo (2009) The Australian Competition and Commission v Vassallo (2009) case depicts the affects of cyber crime on individuals involved. Advances in technology have enabled new ways to commit fraud online. Criminals are using new and complex techniques to commit fraud which often result
QUESTION 1 Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.
The Australian Competition and Consumer Commission (ACCC) is an independent Commonwealth statutory authority whose role is to enforce the Competition and Consumer Act 2010 (ACCC, 2015). The ACCC promotes competition as it increases the prosperity and welfare of consumers and it also promotes fair trading and regulating national infrastructure for
Disability is present in everywhere around the world, and its definition is quite complex and it differs across cultures. In general, it is considered as a Disabled Persons who had permanently loss or reduction of structure, or anatomical function, physiological, psychological or mental, generating inability to certain activities within the standard considered normal. The concept of disability includes impairments that prevent full and effective participation in society on an equal basis with others. For the final paper I chose to compare the disability employment between Brazil and Canada.
Over 4 million people in Australia have some form of disability. People with a physical or intellectual disability are one of the most disadvantaged groups in Australia. In issues including: access to the criminal justice system and everyday discrimination. The significance to which legal and non-legal measures response to those with a disability will be assessed.
The ‘Disability Services Act 1986’ is a law that aims to support people with disabilities in receiving services. The law protects the rights of people with disabilities in regards to basic opportunities, services and pursuit of grievances. It is only accessible through organisations that it affects, such as the NDIA. The Act is protected under Chapter 2 of the Criminal Code, however the enforceability is not enacted upon as there is no active check on services and organisations. However, access may be denied to people with a criminal record. Overall, this law is efficient in trying to achieve justice in writing, however the implementation of it is not effective. The Act offers more of a guideline to organisations, with no active monitors to check these actions. It was also made in 1986, meaning that it may not be suitable for meeting current society’s needs and is in need of amendment. A second legal response that has been implemented is the ‘Disability Discrimination Act 1992’. This Act makes it unlawful for discrimination against a disabled person in the workforce, and allows for complaints to be lodged, protecting individual rights. The law is accessible, applying to all states in Australia. Furthermore, the Act states “The DDA does not require the provision of access to be made if this will cause major difficulties or excessive costs to a person or organisation.” (Australian Human Right Commission, 2018). This clause does not achieve justice for many people with disabilities as the law may be used against them by employers and prevent a work placement. In terms of enforceability, “The legislation did not create any enforceable rights or duties only a power for the Commission to investigate complaints… and report to Parliament on matters that could not be resolved.” (Ozdowski, 2003). This is not effective or responsive, as the Act only enables a complaints system
. The research found that people with a disability, single parents, unemployed people and recipients of social security payments face such issues with the system. Even aborigine and Torres Strait Islander people are more likely to face problems with the legal system. Furthermore majority unable to access for legal advices this because of the expensiveness of legal services. Beside judges face the issues with new technology that required to make decisions (failures of new technology)
There are certain laws that govern the Australian consumers. These are the consumer protection laws that apply where an individual tends to sell products to an individual who is in the Australian jurisdiction (Product safety rules and standards, 2016). These laws are known as the Australian Consumer Laws (CPL). Once an individual provides himself or herself with a manufacturer or a supplier, the individual has legal obligation to comply with the safety standards of the Australian safety standards. The laws on the standards are obligatory and they offer penalties and various consequences for selling the products that do not follow the laws as stated by the Australian consumer law.