Institutions

Tribunals

Institutions that resolve civil disputes, designed to be less formal, less expensive, and faster than traditional courts.

Victorian Civil and Administrative Tribunal (VCAT)

One of the main tribunals in Victoria, dealing with a wide range of civil disputes.

Fair Work Commission

A tribunal that specializes in workplace relations and disputes.

National Native Title Tribunal

A tribunal that specializes in native title claims and disputes.

Ombudsmen

An independent body that oversees the actions of businesses and public authorities to ensure fairness and legal compliance.

Government Ombudsmen

Handles complaints about government institutions.

Industry Ombudsmen

Handles complaints about specific areas of the private sector such as telecommunications or public transport.

Fair Work Ombudsman

An independent statutory office created by the Fair Work Act 2009, investigating complaints or suspected contraventions of workplace laws.

Ombudsman Act 1973 (Vic)

Legislation that establishes the role and powers of the ombudsman in Victoria.

Complaints Bodies

Institutions that investigate and resolve disputes through conciliation, offering free services without binding decisions.

Conciliation

A process used by complaints bodies to resolve disputes informally.

Victorian Civil and Administrative Tribunal Act 1998 (Vic)

Legislation that governs the operations of VCAT.

Residential Tenancies Division

The division of VCAT that hears the majority of cases, approximately 80,000 per year.

Dispute Resolution

The process of resolving a dispute through various means, including tribunals, ombudsmen, and complaints bodies.

Independent Statutory Office

An office that operates independently from government, unions, and industry, such as the Fair Work Ombudsman.

Workplace Laws

Laws that govern the rights and obligations of employers and employees in the workplace.

Binding Decisions

Decisions made by tribunals or courts that must be followed by the parties involved.

Free Services

Services provided by complaints bodies that do not require payment from users.

Dispute Types

Specific categories of disputes that tribunals and complaints bodies are designed to handle.

Accessibility in Justice

The principle that the justice system should be available and understandable to all individuals.

Fairness in Justice

The principle that all parties in a dispute should be treated equitably and justly within the legal system.

Consumer Affairs Victoria (CAV)

A body that provides information and advice to consumers, businesses, landlords, and tenants about their rights, responsibilities, and changes to the law, and helps enforce consumer law.

Health Complaints Commissioner

An independent body that investigates complaints about health services and providers.

Victorian Legal Services Commissioner

A body that oversees the conduct of legal practitioners and investigates complaints against them.

Disability Services Commissioner

A body that handles complaints regarding disability services and promotes the rights of people with disabilities.

Victorian Equal Opportunity and Human Rights Commission

An organization that promotes and protects human rights and equal opportunity in Victoria.

Consumer Law and Fair Trading Act 2012 (Vic)

Legislation that outlines consumer rights and business obligations in Victoria.

Example of Consumer Complaint

A consumer purchased a refrigerator from a local appliance store. The refrigerator stopped working within a few weeks of purchase. Despite numerous requests, the store refused to repair or replace the faulty refrigerator or offer a refund.

CAV's Role in Disputes

CAV investigates complaints, facilitates communication between the consumer and the store, and attempts to conciliate a resolution.

CAV's Services

CAV provides dispute resolution services, helping consumers and businesses to resolve disputes without going to court.

Strengths of CAV

CAV is an independent body that can impartially investigate disputes and has expertise in consumer laws.

Limitations of CAV

CAV cannot make binding decisions through their conciliation process, which may result in no refund for the consumer.

Power Dynamics in Conciliation

CAV's informal processes may mean the business has more power in conciliation than the consumer, potentially leading to an unequal or unfair outcome.

Ombudsman

An official who investigates complaints about government and industry groups and makes decisions to rectify disputes.

VCAT

Victorian Civil and Administrative Tribunal, a prominent tribunal in Victoria known for handling residential tenancies cases.