Consumer laws and protections
‘‘Generally, a consumer is someone who has acquired goods or services of a kind ordinarily acquired for personal, domestic or household use…
AUSTRALIAN consumers are provided with protections under the national consumer laws located in Schedule 2 of the Competition and Consumer Act 2010 and titled (quite conveniently) The Australian Consumer Law (Schedule 2 Law)….
The Schedule 2 Law also applies as a law of Queensland thanks to section 16 of our Fair Trading Act 1989 (Qld). It is referred to as The Australian Consumer Law (Queensland); however, for the most part the two laws will be consistent.
I say “for the most part” because section 17 of our Fair Trading Act states we can exclude new provisions of the Schedule 2 Law that were introduced after January 1, 2011.
Whether you are a consumer for the purpose of these laws is determined by reference to an express definition of consumer.
Generally, a consumer is someone who has acquired goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.
You may also be a consumer if the price paid for the goods or services did not exceed $40,000. Like most laws, there are exceptions.
You should consider your own circumstances when determining whether you were a consumer under the Schedule 2 Law or The Australian Consumer Law (Queensland) when purchasing goods and/or services. These laws provide certain protections to consumers and I am going to be looking at some of those protections over the coming weeks.
Until next week – Keep it Legal!
Katie Caldow
kcaldow@walkerpender.com.au
* The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
Let’s talk about quad bike safety
QUAD bike safety is an important topic.
This is particularly so in our community where there are farms and rural workplaces that often use quad bikes.
The reality is that quad bikes are a major risk area for serious injury or death.
Safe Work Australia compiles the data relating to quad bike fatalities.
In the eight years from 2011 to 2018, there were 126 quad bike fatalities in Australia (40 in Queensland). Sixty-two were workers, 76 were the result of a rollover and 77 occurred on a farm/property.
Whether you are the owner or operator of a rural workplace, farm or property, you owe a duty of care to the users of quad bikes on your property.
The user may be an employee or non-employee.
Whatever the case, adequate steps must be taken to address the many safety risks that arise from operating a quad bike. For workplaces and businesses, you will also have duties and obligations under the Work Health and Safety Act 2011.
Safe Work Australia publishes information specifically on this risk area, which is publicly available at www.safeworkaustralia.gov.au, for a guide for managing the risks of machinery in rural workplaces and quad bikes in rural workplaces.
They also provide guidance on ways to prevent quad bike injuries and death.
Quad bike safety is currently being reviewed nationally and there may be regulatory changes in this area soon.
Until next week – Keep it Legal!
Katie Caldow
kcaldow@walkerpender.com.au
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
Recognising it Takes A Village
In business, what is your most important asset?
Over the years I have attended many seminars and business meetings to try to find the ‘key’ which unlocks the gateway to success. I know that seminar organisers and every presenter I’ve ever listened to had good intentions at heart. For me, it started with Peter Drucker and the theory that management should be decentralised; that people are your greatest asset in business. Countless business managers have focused on these philosophies and been successful. Drucker was a respected leading management theorist and consultant. But something was and still is amiss.
I am a woman, and I always sought to identify myself as a success using tools identified at these meetings. I worked hard, studied, and read books including ‘How to be an assertive not an aggressive woman in business”. And if you ever find a copy you’ll see that it recommended that woman not wear large earrings as it intimidated men. Many ideas; some not quite as successful as others.
I have been studying these categories of books and going to seminars year after year after year. The books and speakers laud success. Success is ‘never giving up’, ‘believing in yourself’ and ‘studying hard’. More recently the tone is to recognise and learn from your failures and then ‘after the darkest night comes the brightest morning’. All true and all motivational to a point. Returning to work, the difficulty of leading change becomes a reality when we recognise not everyone we work with have the same goals in life. Some want to succeed in weekend sport, some in a hobby, and some in being great parents. Yet as someone who wants to see a business succeed I question why we keep repeating the same actions. The same seminars minimally altered using slightly different words and thereby only slightly different management directions. In the 80’s and 90’s the goal was focused on winning at all costs, now, it’s all about winning but doing it drinking a kale smoothie.
It seems to me the world has been changing rapidly; now at an exponential rate. In days gone by we attended a seminar with the expectation we would lead the business using the acquired knowledge into a new decade or a new millennium. We recognised it takes time. Now we expect to implement and effect change the minute we return to our offices, only to be confronted with the same barriers which existed thirty years ago. Except now an intense frustration sets in because change doesn’t happen immediately.
What is the most important asset in your business?
Maybe the understanding that you need a village to help grow a business, the same as you need a village to help raise a balanced, intelligent child. In business we tend to believe all changes need to be internal. We don’t have the right staff, the right equipment, the right location, the right marketing program. Maybe we should be questioning our ingrained belief that “change” will solve a problem. Maybe we should trust ourselves in putting in place a network of people and support structures that help us see the alternative points of view when making our business decisions and sticking with those people, through the highs and low of the journey.
Who do we need in business?
An accountant, a lawyer, marketing consultant and financier? Maybe we should stick to the same group of external advisors with the experience to help, and over time develop a long-standing trust and belief in the skills shaped together. Too often businesses move between consultants hoping the next will have the miracle solution. The one thing I have learned attending all these seminars is that successful people and businesses have people around them that have stuck with them for many years. They have been loyal, dedicated and totally focused on the goal together – a village of concurring individuals. And over time a trust is developed, a mutual respect of each other. There is no giving up on an individual when someone makes a bad move, just a concentration of friendship, support and like-mindedness in achieving a positive result. When you look for a ‘new team’ to put together, think just as seriously about your external consultants as you do about your internal staff. Focus on developing a partnership for life.
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
Lawyer Says Positive Leadership Needed Now
Gerard Pender is a well-known local figure in the Ipswich community. He is a well-regarded lawyer and community member, and one of the quiet achievers.
Mr Pender has made a significant contribution to the life and wellbeing of Ipswich City and he picked up the 2017 Business Person of the Year at the Ipswich Chamber of Commerce Business Awards.
He has brought leadership to legal firm Walker Pender Group and is involved in local community organisations. As senior director of Walker Pender Group, he has been in leadership over many years.
Mr Pender said he was delighted to be nominated and win the 2017 award. “It is pleasing to win. It is good to be recognised,” Mr Pender said. He said if you are going to make yourself a part of the community, you must get involved.
The Walker Pender Group was formed in 1988. It grew from two independent firms, Walker and Walker, founded in 1896, and Pender and Pender, founded in 1874. Mr Pender has been a solicitor since 1979 and was in partnership with his father before taking on a role as partner in the Walker Pender Group.
“Ipswich is an old city and it is pleasing to see that it is growing in a variety of ways, but it is good to see it maintains history,” Mr Pender said. Mr Pender said he was aware of the challenges facing business people daily. “I believe it is important to take a long term view. That is hard when you are starting up, but the challenge is that you can make decisions based on the short term that can be unwise,” he said. “You have to do your homework, you must know your industry. There is no doubt that it is much harder these days to run your own business.”.
He cites one of the major issues facing the industry is digital disruption. “It is about keeping your eye on the changes that are coming in your own industry. You cannot ignore it. Uncertainty is greater than ever, but businesses have to be flexible. Plan ahead and see the challenges as opportunities,” Mr Pender said.
He fears many business people try to do too much and don’t seekout professional assistance. “It is so important to have the right advice from a legal and financial perspective. Ensure you are meeting the legal requirements and managing finances. Getting advice is so important,” Mr Pender said.
Mr Pender is hopeful of a bright future for Ipswich. “I am always optimistic – we have such a growth in population and the economy, this is a good time to grow a business,” he said he hopes the new administrator will provide good leadership.
“The CBD is vital. It needs to be done.I have an investment in as much as we are tenants on the mall, but it has to be addressed quickly,” Mr Pender said. “All those who provide leadership in the city, whether that is in politics, education, business or the community, we must be positive and take our role.”
Newsletters & Articles
If you would like to subscribe to receive our mail-outs please send an email to mail@walkerpender.com.au with the subject heading ‘Email Subscription’ along with the relevant company name. (more…)