Ride or accommodation sharing

If you buy or hire goods and services through an online marketplace or sharing economy platform, you are protected by the Australian Consumer Law (ACL), in the same way as you would be if you were to buy in store.

Traders are protected by the ACL and also have obligations to consumers, like guaranteeing that the services and goods they’re providing comply with the law.

Transcript – the sharing economy – introduction (DOC 13KB)

Consumers – If you buy goods and services

Your rights don’t change if you hire goods or buy services online, through an app or sharing platform, or if you make in-store purchases. You have consumer guarantee rights.

If there is a problem:

  • Check the platform’s terms and conditions and their complaint management process, if they have one.
  • You may be able to cancel the contract and get a refund if a consumer guarantee isn’t met

Follow these simple steps to resolve the issue:

  • speak to the seller or service provider
  • contact the platform through their internal dispute resolution process, if they have one
  • write a factual customer review and rate the trader on the platform
  • contact Consumer and Business Services for advice if the matter isn’t resolved with the platform and/or trader.

Transcript – the sharing economy – remedies (DOC 13KB)

Transcript – the sharing economy – cancellations (DOC 13KB)

Transcript – the sharing economy – disputes (DOC 13KB)

Traders – If you hire or sell goods and services

Your rights:

  • platform operators must not mislead or deceive you
  • you have consumer guarantee rights when buying services from a platform operator
  • there are certain circumstances where it is illegal for a platform operator to refuse to supply you
  • you can refuse to provide a refund if the consumer has simply changed their mind.

If you believe a consumer has not held up their end of a contract for a good or service, some platforms have their own internal resolution process to deal with this. Read your platform’s community rules and internal resolution process guidelines.

Contact Consumer and Business Services for advice if you aren’t able to resolve a problem with the platform or consumer first.

 Your obligations

  • Be transparent about the product or service you are advertising so there are no surprises to consumers
  • Avoid misleading or deceptive statements
  • Make sure reviews provided about your service or product are not misleading or fake
  • You must comply with product safety obligations.

Transcript – the sharing economy – advertising (DOC 13KB)

Transcript – the sharing economy – reviews (DOC 13KB)


Changes to bookmaking for Melbourne Cup day charitable events – CBS news

As a result of Simplify Day, licensed bookmakers no longer need a permit from CBS to take bets for Melbourne Cup day charity functions.

The Liquor and Gambling Commissioner published a notice in the SA Government Gazette on 24 October 2017 to allow licensed bookmakers to take bets at charitable fundraising events on  Melbourne Cup day, the first Tuesday of November of every year.

Special one-off arrangements have been put in place for this year’s Melbourne Cup day on Tuesday 7 November 2017. Organisers of future charitable events on Melbourne Cup day will need to contact The SA Bookmakers League on (08) 7070 2710 to use a licenced bookmaker.

Any licensed bookmaker that does not comply with the conditions in the Commissioner’s notice will be subject to disciplinary action.

Read the signed gazetted notice (PDF 629KB)


Trading round cancelled – CBS news

Having found an error in the trading round process, the Commissioner has determined to cancel the trading round TR14/2017.

Offers that have been made in this trading round are not effective. Consumer and Business Services will be refunding all administration fees and will be returning any payments received.

A fresh trading round will be commenced shortly.

More information will be published in due course. In the meantime, if you have any questions please contact Mr Robert Templeton, Director Licensing and Registration on 08 8226 8486.


Residential parks reform – CBS news

Legislation has been introduced into Parliament to amend the Residential Parks Act 2007 (the Act).

The Act regulates the relationship between residential park owners and people who live in parks as their principal place of residence.  It was originally designed to address issues arising from people living in caravan parks in moveable, inexpensive structures on sites rented from the park owner.

The types of residential parks that have developed since the commencement of the Act are unlike those envisioned by the legislation. Some residential parks in South Australia offer purely long term living in constructed or manufactured homes, while others are a mix of tourist accommodation with dedicated areas for residential living.  The types of dwellings in these parks range from caravans with annexes to transportable and manufactured homes.

The Government released a discussion paper in March 2016 to consult on ways to improve the current laws. Feedback from that discussion paper highlighted concerns around the insecurity of tenure, and absence of any legislative requirement for disclosure of information, or compensation for residents.

The Residential Parks (Miscellaneous) Amendment Bill 2017, introduced into Parliament on 28 September, would see a fairer and more transparent system for residential park residents and owners. The Bill aims to strike a balance between protecting the rights of residents and the investment in their homes, and the interests of park owners to support the growth of their parks.

www.legislation.sa.gov.au – a copy of the Bill as introduced into Parliament

Second Reading Speech providing an overview of the Bill

 


Creating a fairer marketplace for Indigenous people – CBS news

 

 

 

Consumer protection agencies from across Australia have joined forces to launch the National Indigenous Consumer Strategy (NICS) Action Plan 2017–2019.

The Action Plan outlines a set of national priorities and areas to improve outcomes for Indigenous consumers. Fairness is at the heart of the plan as Indigenous consumers, particularly those living in remote areas, continue to face challenges in asserting their consumer rights.

The priority areas for the next three years are:

Priority area


Key areas of focus


Trading practices


Door to door sales and telemarketing


Scams


Improving awareness


Housing


Rights and responsibilities in the private rental market


Consumer directed care


Consumers with disability and the National Disability Insurance Scheme (NDIS)


Motor vehicles


Consumer and dealer rights and obligations


Financial services


Credit contracts and consumer leases


NICS members, which consist of the Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), state/territory consumer affairs agencies and the Indigenous Consumer Action Network, will be driving the implementation of these priorities.

Read the full National Indigenous Consumer Strategy Action Plan 2017–2019.

 


Unlicensed air-conditioning contractor to pay – media release

A South Australian air-conditioning contractor has been ordered to pay more than $34,000 in compensation and fines in the Adelaide Magistrates Court.

Kain Selby-Fullgrabe, 43, sole director of Town and Country Building Management Pty Ltd, pleaded guilty to breaches of the Australian Consumer Law (SA) in the Adelaide Magistrates Court this week for aiding and abetting the company to take deposits from consumers and failing to provide the goods and services within a reasonable time.

The company also pleaded guilty to charges of carrying on business as a building work contractor and electrical contractor without a licence and five counts of accepting payment for services and not providing those services within a reasonable time.

The court heard that, on five separate occasions between September 2014 and January 2015, Selby-Fullgrabe, who lives in the Adelaide Hills, provided quotes and took deposits for the installation and removal of air-conditioning units in Adelaide and on Yorke Peninsula but failed to provide the goods and services.

The matters were escalated to Compulsory Conciliation Conferences held by Consumer and Business Services, where Selby-Fullgrabe agreed to refund the deposits, but failed to do so.

In sentencing submissions, counsel for the Commissioner for Consumer Affairs submitted there were aggravating factors that highlighted the seriousness of the offending, including Selby-Fullgrabe’s acceptance of deposits from clients, and refusal to engage with them when work was not commenced.

Mr Grasso recorded convictions on all counts against the company and Mr Selby-Fullgrabe personally. He imposed one penalty against the company of $10,000, and a separate penalty of $10,000 against Mr Selby-Fullgrabe, prosecution costs of $800, and also ordered that Mr Selby-Fullgrabe pay compensation to each of the consumers totalling $13,786.

Commissioner for Consumer Affairs, Dini Soulio, said Mr Selby-Fullgrabe’s actions were serious and that the convictions should send a significant deterrent to tradespeople who might be minded to take deposits from consumers and not follow through with the services contracted for.

To check whether a builder is licensed, visit the Consumer and Business Services website at www.cbs.sa.gov.au. To report any concerns about a builder or contractor, contact CBS on 131 882.

Read more – unlicensed air-conditioning contractor to pay


Fire sprinkler ‘test and inspect’ registration

A new registration category has been created for people who ‘test and inspect’ fire sprinklers – or fire suppression systems. This will reduce regulatory requirements for those who only undertake this type of plumbing work.

New requirements to ‘test and inspect’ fire sprinklers

Condition of registration: Restricted plumbing work limited to the 6 monthly or more frequent testing and inspecting of fire suppression systems specified by AS1851.

Scope of work: Inspecting or testing a fire protection service consisting of water pipes and firefighting equipment (such as sprinklers, hoses and hydrants) that are connected to the mains water supply. It does not include annual or greater testing – e.g. 3 yearly.  It does not include installation or repair work.

Required qualification: The following units of competency are to be completed from the CPP20511 Certificate II in Fire Protection Inspection and Testing:

  • CPPCMN2002A   – Participate in workplace safety arrangements
  • CPPFES2006A    – Prepare for installation and servicing operations
  • CPPFES2004A    – Identify types of installed fire safety equipment and systems
  • CPCPFS3020A    – Conduct basic functional testing of water-based fire-suppression systems
  • CPCPFS3021A    – Inspect and test fire pump sets
  • CPPFES2010A    – Inspect and test fire hose reels
  • CPPFES2037A    – Inspect and test fire hydrant systems
  • CPPFES2047A    – Inspect and test control and indicating equipment

Although these are the minimum qualifications required, applicants should consider completing additional units to gain the full Certificate II in order to improve their employment prospects.

Training organisations

The following Registered Training Organisations are those known to CBS to be offering this training in South Australia.  Cost and study requirements may vary between training providers.  Some may only provide training in SA once minimum student numbers are reached.

Existing ‘test and inspect’ workers without formal qualifications may be able to obtain Recognition of Prior Learning (RPL) for all or most of the units.  Those with other formal qualifications are encouraged to contact Consumer and Business Services to check whether these would be acceptable.

Those inspections that are required to be carried out annually or after a longer period of time under AS1851 must be done by a person who holds a plumbing workers registration that authorises this work, such as a registration restricted to fire protection work.

‘Test and inspect’ workers have to the end of March 2018 to ensure that they hold the appropriate registration. After March 2018 compliance checking by CBS will commence.


Registering a relationship in South Australia

Couples can now register their relationship with Births, Deaths and Marriages (BDM) if at least one person in the relationship lives in South Australia. Couples may apply irrespective of their sex or gender identity.

People who have been married before, been in a relationship registered in South Australia or in a ‘corresponding law’ registered relationship – a relationship registered under similar laws in another state or county –  will need to show that the previous relationship has ended with evidence such as a divorce certificate, nullity order, death certificate.

Relationship ceremonies

Couples are not required to have a ceremony when they register their relationship. However, relationship ceremonies can be conducted at Chesser House, performed by one of our Registry staff.

Registry office relationship ceremonies

Couples can order a standard certificate or commemorative certificate package.

Evidence of a relationship

Evidence of a relationship is not required to register a relationship but applications must be accompanied by completed statutory declarations witnessed by an authorised person and  evidence of identity and age of both people. Payment of the appropriate fee is also required.

Overseas documents need to be translated into English by an accredited translator.

‘Corresponding law’ relationships

The Relationships Register Regulations 2017 provides detail regarding corresponding law registered relationships. Couples can apply for a certificate for corresponding law relationships. However, if it is recognised by another corresponding jurisdiction, a relationship cannot be re-registered in South Australia. Contact BDM if you would like to apply for a corresponding law relationship certificate – registrations.bdm@sa.gov.au

Ending a relationship

Either person in a registered relationship can apply to have their relationship end by completing a Revoke a registered relationship – application form.

If only one person makes the application, a copy of ‘service of revocation statement’ must be served to the other person. This statement is supplied in Section A of the Revoke a registered relationship – application’ form.   An application to revoke a relationship takes 90 days once the application has been received by BDM.

Contact BDM if you don’t have all the required documents or to find out more about registering your relationship – phone 131 882 .

Apply to register your relationship at www.sa.gov.au/bdm

Frequently asked questions – Registering a relationship in South Australia


Buying a used car?

You might save a few dollars if you buy from a private seller, but there are more risks than buying from a licensed car dealer.

Used cars – don’t miss out on warranty protection.

Transcript – warranty protection

Used cars – avoid hidden damage when buying a vehicle.

Transcript – hidden damage

Used cars – make sure your car doesn’t get repossessed.

Transcript – repossessed

Checklist – before you buy:

  • Set a price limit you can afford. Allow for stamp duty, transfer fees, registration and insurance.
  • Take your time. Don’t be rushed or pressured.
  • Shop around for the best deal.
  • Have the car checked by a qualified independent mechanic before you buy
  • Don’t sign anything until you’re sure the car is okay and you really want to buy it
  • When you buy a car it will need to be registered in your name.

If you buy from a car dealer:

  • Understand your rights and the dealer’s obligations
  • Check what is covered by the warranty
  • Inspect the white display sheet on the car
  • Have everything you negotiate with the dealer in writing
  • Check the dealer’s licence is up to date

If you buy privately:

  • Is the seller the registered owner? If not, is there a genuine reason?
  • Check that the car hasn’t been stolen, flood damaged or written off, and that no money is owed on the car. Visit the Personal Property Securities Register

For more information

Helpful links