NSW Fair Trading Minister, Linda Burney, today announced that amendments made to the Consumer Claims Act will ensure consumers and suppliers have clearer rights and a fairer balance when it comes to dispute resolution over consumer claims. 

Ms Burney said the amendments, which commenced this week, came about as a result of the recent review of the Act and will improve dispute resolution processes for those involved in consumer and general marketplace disputes. 

“The amendments will strengthen consumer rights by lengthening the time limit in which a claim can be lodged at the Consumer, Trader and Tenancy Tribunal (CTTT),” Ms Burney said. 

“Consumers will now be able to lodge a claim up to 3 years after the problem arises, particularly with cars, plasma TVs and ovens and other items with extended warranties. The difference is that the time limit is currently 3 years from the date the goods or services were purchased or supplied. 

“The Government recognises business owners do not want the potential for claims to go on indefinitely and has therefore imposed an overall limit of 10 years from the date of supply for action to be commenced by the consumer.”

Ms Burney said the amendments will also expand the types of orders that can be made by the CTTT. 

“To make things fairer for suppliers, the amendments will enable orders to be made between respondents. For example, where a consumer’s claim is successful against a retailer and a manufacturer, orders will be able to be made for the manufacturer to make payment to the retailer,” Ms Burney said. 

“The retailer will not have to bear the whole cost of reimbursing the consumer where it has been shown that the manufacturer is liable or partly liable.

“The amendments will also clarify that the Tribunal has jurisdiction in situations where the goods or services are supplied, or intended to be supplied, in NSW, even if the contract was made outside NSW. Currently it is necessary to establish where the contract was made, which is often difficult, particularly with internet trading.”

The consumer claims amendment bill is available on this website or call Fair Trading on 13 32 20. 

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