Course Title: Consumer protection law

Part A: Course Overview

Program: C6106 Advanced Diploma of Legal Practice

Course Title: Consumer protection law

Portfolio: BUS Portfolio Office

Nominal Hours: 51

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Course Code	Campus	Career	School	Learning Mode	Teaching Period(s)
LAW5197	City Campus	TAFE	650T Vocational Business Education	Distance / Correspondence or Face-to-Face or Internet or Workplace	Term2 2011, Term1 2012, Term2 2012, Term2 2013, Term1 2014, Term2 2014, Term1 2015, Term2 2015, Term1 2016

Course Contact: Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email: doug.gourlay@rmit.edu.au

Course Description

To enable the learner to identify, examine areas of the law which relate to consumers, sellers and manufacturers as skills relevant to working in a legal office, a Legal Aid provider, government department, financial institution or other area dealing with consumers, suppliers of goods or services or manufacturers.

Pre-requisite Courses and Assumed Knowledge and Capabilities

Pre-requisites:  VU20111 Legal Process and  VU20108 Law of Contract

National Competency Codes and Titles

National Element Code & Title:	VU20121 Consumer protection law
Elements:	N/A

Learning Outcomes

Learning Outcome 1 - Analyse and assess the need for consumer protection and outline the areas covered by consumer protection laws.
Assessment criteria
1.1 Define the term “consumer” and identify persons who may be considered consumers.
1.2 Determine and discuss the factors that result in consumers requiring legal protection.
1.3 Assess the areas of conduct regulated by consumer protection laws.
1.4 Analyse the relationship between Commonwealth and State consumer protection laws.

Learning Outcome 2 - Analyse and evaluate the legislative controls on unconscionable conduct, misleading or deceptive conduct, false or misleading representations and other unfair practices under Part V Division 1 of the Trade Practices Act 1974 (Cth), Part 2 and Part 2B of the Fair Trading Act 1999 (Vic).
Assessment criteria
2.1 Analyse the circumstances amounting to unconscionable conduct.
2.2 Analyse the liability for misleading and deceptive conduct.
2.3 Analyse the circumstances amounting to ‘false or misleading representation’, and determine the legal consequences that apply.
2.4 Determine other types of unfair practices prohibited.
2.5 Evaluate unfair terms in consumer contracts with reference to the definition of ‘unfair term’ and consequences of unfair terms in consumer contracts.
2.6 Analyse and evaluate the various penalties imposed and remedies available under the legislation. Analyse and compare a specific remedy penalty to a relevant case example.

Learning Outcome 3 - Analyse and assess the legal obligations of a supplier of goods or services and specify the use of exclusion clauses in relation to case study material.
Assessment criteria
3.1 Assess the implications of the law of contract for the sale of goods and services, with specific reference to terms and representations, conditions, warranties and implied terms.
3.2 Evaluate the use of exclusion clauses, including the requirements in relation to notice and the rules relating to interpretation of clauses.
3.3 Analyse Part V Division 2 of the Trade Practice Act 1974 and Part 2A of the Fair Trading Act 1999 with specific reference to the definition of consumer, implied terms relating to the supply of goods, and implied terms relating to the supply of services and remedies.
3.4 Analyse Part I of the Goods Act 1958, with specific reference to the definition of a sale of goods, rules as to delivery of goods, remedies and transfer of ownership.

Learning Outcome 4 - Analyse and assess the obligations of manufacturers and the rights of consumers to compensation under the law of tort and the Trade Practices Act 1974 in relation to faulty products.
Assessment criteria
4.1 Analyse the situations in which a manufacturer can be liable for a faulty product under the law of torts.
4.2 Assess Part V, Division 2A of the Trade Practices Act 1974, with specific reference to persons entitled to compensation, types of goods covered, definition of manufacturer and circumstances in which rights to compensation arise.
4.3 Determine the grounds on which a consumer is entitled to compensation under the Act.
4.4 Determine and consider any exclusions from the right to compensation and limitation of liability.
4.5 Assess the sellers indemnity from the manufacturer.

Learning Outcome 5 - Analyse and outline the liability of manufacturers for unsafe products under Part VA of the Trade Practices Act 1974.
Assessment criteria
5.1 Determine and specify the reasons why Part VA of the Trade Practices Act 1974 was enacted.
5.2 Outline the circumstances under which a manufacturer is liable with specific reference to definition of manufacturer and situation where manufacturer is unknown.
5.3 Analyse the circumstances under which goods will be found defective, with specific reference to definition of defect and circumstances to be taken into account.
5.4 Determine and specify the types of injury loss or damage for which a manufacturer may be liable.
5.5 Outline the defences available to a manufacturer.
5.6 Assess the time limits on claims for compensation.

Learning Outcome 6 - Analyse legislation improving product safety and product information standards.
Assessment criteria
6.1 Analyse the reasons for imposing product safety and product information standards.
6.2 Determine the product safety and product information scheme established under Part V Division 1A of the Trade Practices Act 1974 and Part 3 of the Fair Trading Act 1999 with specific reference to Minister responsible and Administration of the scheme.
6.3 Identify and specify the powers of the Minister.
6.4 Evaluate the requirements in relation to publication of draft notices and conferences, with specific reference to advertisements or notice to suppliers, conferences and situation where goods are declared ‘dangerous’.
6.5 Identify and outline the consequences of failing to comply with a product safety notice, with specific reference to offences and civil actions.
6.6 Determine the authority conferred by Part V Division 1A of the Trade Practices Act 1974 to make regulations prescribing product safety.
6.7 Demonstrate the powers conferred by Part 3 of the Fair Trading Act 1999(Vic) in relation to product safety with specific reference to interim orders, permanent orders and product safety regulations.

Learning Outcome 7 - Identify and analyse the types of credit available, their relative advantages and disadvantages, and the requirements on the part of the credit provider and the consumer.
Assessment criteria
7.1 Identify types of consumer credit, evaluating the advantages and disadvantages of each.
7.2 Analyse the provisions of the Consumer Credit Code.
7.3 Analyse, in relation to case study material, the provision of security for credit by a mortgage over goods.
7.4 Determine and specify, in relation to case study material, the courses of action open to a consumer if the consumer fails or is unable to repay credit.

Learning Outcome 8 - Analyse and evaluate the bodies available to protect the rights of the consumer and discuss their operations.
Assessment criteria
8.1 Outline the composition and operations of Consumer Affairs Victoria (Vic) and the Australian Competition and Consumer Commission (Cth) with reference to areas covered and services provided.
8.2 Analyse the composition and jurisdiction of the Victorian Civil and Administrative Tribunal ; VCAT
8.3 Evaluate the process of making a relevant claim through the VCAT, using relevant case study material.
8.4 Analyse the relevant provisions of the Victorian Civil and Administrative Tribunal Act 1998(Vic) & Fair Trading Act 1999 (Vic) with specific reference to the tribunal, its areas of operation, procedure and orders.

Overview of Assessment

Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, for example:

• tests/final examination
• assignments
• projects
• presentations
• case studies

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant curriculum standards are being met. Students will be provided with feedback throughout the course to check their progress.