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Consumer Affairs and Fair Trading began life as the Consumer Protection Council in 1970. Established as an independent statutory authority under the Consumer Affairs Act 1970, its mandate was to 'investigate matters affecting the interests of consumers', and it was seen at that time as a watchdog. It consisted of 8 representatives, appointed by the Minister, from the broad areas of consumers, manufacturers, retailers and advertisers, with the assistance of 3 support staff from the public service.
When first established, the Council was seen by Government in a primarily policy advisory role, reacting by giving advice and considering broad investigations of principle at the instigation of the Government. However, within the first 6 months of operation it became apparent that the public saw the Council as a complaint resolution body, and this became the dominant feature of the day-to-day business. As a result of continuing pressure from the public in this area the original legislation was amended in 1971 to enable:
It was clear that the above functions could not be undertaken by Council members themselves, and so additional public service staff were provided. This increased the support staff from 3 to 20, and in 1976 the name was changed to the Consumer Affairs Council.
The Consumer Affairs Council maintained a rather unique position in this situation in that it was resourced and supported by the Tasmanian Government, and yet was still an independent statutory body. It was able to determine its own policy on questions of consumer interests, and able to question Government policy if it desired.
However, with the development of Consumer Affairs as a separate responsibility of Government during the 1970's and into the 1980's, increasing responsibility devolved upon the Council's staff as there was no other administrative section within the Government structure to cater for Consumer Affairs. The Consumer Affairs Council itself recognised that the responsibility for the governmental functions of Consumer Affairs did not properly lie with that body and recommended that a separate structure be created.
In 1988 a new Consumer Affairs Act was passed that resolved this problem and the Office of Consumer Affairs came into being. The Consumer Affairs Act 1988 quite clearly defined the respective roles of Council as a separate statutory authority, and the Office's responsibility for the day-to-day administration of consumer affairs matters.
In 2006 the Consumer Affairs Act 1988 was amended to establish the Tasmanian Consumer Advisory Committee comprising consumers and consumer representatives.
The original Act established the Consumer Affairs Council, one function of which was to provide a mechanism for consumer input into policy development. However, with the establishment and changing role of the Office of Consumer Affairs and Fair Trading, the Council's functions and powers relating to investigation were superseded. The Council ceased to operate in the 1990's.
The role of the Tasmanian Consumer Advisory Committee is to advise Government on matters of consumer interest, and alert Government to emerging and ongoing issues of concern to consumers.
The functions of the Committee are to:
The primary objective of the Office of Consumer Affairs is to foster a market place which is both safe and equitable for consumers and traders alike, while not unduly limiting innovation in the provision of goods and services. Initially, this was achieved through a number of functions and in a number of ways, as follows:
During the 1990's the Government undertook a widespread programme of restructuring across all areas. In response to this the Office undertook a number of reviews of its operations to determine ways to continue to provide services with reduced staff and financial resources.
The Office changed its name to Consumer Affairs and Fair Trading to better reflect the fact that its interests lay in consumer matters from both the business and the consumer perspective. The focus of the Office changed to education and compliance with the law. However, the Office continues to devote resources to individual complaints where consumers are unable to help themselves.
Furthermore, the separate Consumer Affairs Council did not continue to operate on a regular basis. Instead, individual consumer advisory committees were established on a needs basis, with the representatives on the committee determined by their knowledge of or involvement in the issue to be considered.
During this period Consumer Affairs and Fair Trading also became responsible for the functions under the Measurement and Standards branch (formerly Weights and Measures), and the Business Affairs branch (formerly Corporate Affairs). In 2004 the Tasmanian Registry of Births Deaths and Marriages also became part of Consumer Affairs and Fair Trading.
For information about the current structure and operations of Consumer Affairs and Fair Trading, visit the About Us page on this web site.
