The Indigenous youth guide to getting a fair go

NSW Fair Trading is an organisation that can give you free information to help you make the right choices. Before you buy a car, rent a home or apply for credit, you will need information about your rights and responsibilities.

If you experience problems with shopping, refunds or credit, it’s important to know where to go for help. There are different ways you can use our services, either by visiting your nearest Fair Trading Centre, or you can call us on 13 32 20 or visit our website. When you use our service, you should try and get as much information as possible because it’s better to have it before things go wrong, and it’s a free service.

Here are some areas that we can give you information on:

• tenancy
• credit
• shopping
• buying a car
• residential parks
• product safety
• starting a business
• starting a co-operative
• other fair trading issues.

We also have Aboriginal Customer Service Officers in some of our Fair Trading Centres who can visit your community to give you information and help you with all sorts of things.

There is the Aboriginal Tenancy Information Service which is only a phone call away if you need information or options on what you can do about your tenancy. Call 13 32 20 or 1800 500 330 (outside Sydney).

Fair Trading has also developed the Money Stuff website for young people, where you can ‘take a challenge’ based on real-life situations such as buying a used car, buying a mobile phone or renting a shared house.

Top of page

If you are thinking of moving into a unit or sharing with friends then you need to know your rights and responsibilities.

When moving in:

• you must be given a copy of the Residential Tenancy Agreement – a legally binding contract
• you must be given a copy of the Renting guide  (a Fair Trading publication) – read it carefully
• you must be given a Condition Report which is part of the Tenancy Agreement and describes the condition of the place – take your time to fill it in properly
• you must give the landlord a copy of the Condition Report filled in with any added comments within 7 days of receiving a copy of the agreement
• you usually have to pay a bond to your landlord (which must be written in the tenancy agreement) and the landlord must lodge it with the Renting Services Branch of Fair Trading
• the premises must be in a clean and reasonable condition.

When you have moved in, make sure you:

• pay the rent on time
• take care of the place
• contact the landlord if there are any repairs needed – put it in writing
• do not alter or make additions without the landlord’s written permission
• do not change locks without the landlord’s written permission
• do not interfere with the peace, comfort or privacy of your neighbours
• ask the landlord’s written permission before you let someone else move in
• start your own renting file to put all your letters and receipts together in one place.

During your tenancy you have rights to:

• full use and quiet enjoyment of the rented property
• reasonable security
• have repairs carried out in a reasonable time
• get proper notice when the landlord or agent wants to visit, 2 days notice for repairs unless repairs are urgent and 7 days notice before an inspection
• be given 60 days written notice of a rent increase.

Smoke alarms

From 1 May 2006, all residential accommodation across NSW must have at least one working smoke alarm. For more information, go to the Smoke alarms page.

Do you know your rights?

Sandy and Nakita were best friends who shared a house together and had just recently had an electrical fault in their house. They had tried for hours to contact the landlord about the problem, but there was no answer. They started getting worried about what to do because most of their food in their freezer had started to defrost, no lights could be used in the house and they couldn’t cook food. Hours of trying to contact their landlord turned into two days of relying on take away food and candles, not being able to keep anything cold in the fridge, as well as having no heating during the night.

Nakita and Sandy were not aware of their rights as tenants and this would have made the difference from living out of an esky in darkness for two days, to living their life as normal. Had Nakita and Sandy read the Renting guide, they would have known that:

• the repair problem was actually an ‘urgent repair’ 
• they could have contacted any properly qualified tradesperson but must have first tried to use any tradesperson named by the landlord in the tenancy agreement
• they could have paid up to $1,000 for the repairs and claimed it back from the landlord within 14 days
• they could have contacted their nearest Fair Trading Centre or the Aboriginal Tenancy Information Service for information on what to do
• they could have applied for an urgent hearing with the Consumer, Trader and Tenancy Tribunal.

For more information about your rights and responsibilities as a tenant contact your nearest Fair Trading Centre or call the Aboriginal Tenancy Information Service on 13 32 20 or 1800 500 330 (if outside of Sydney).

Top of page

Buying a car or motorbike will probably be the biggest purchase of your life so far and it should be fun but sometimes it can become a major hassle. Before you decide to buy you should:

• think carefully about owning your own car or motorbike before you buy one
• make sure you can afford registration, petrol, maintenance and insurance
• read the Buying a car fact sheet in PDF format (size: 286k)
• shop around before you buy
• shop around for a loan – you don’t have to use the car yard’s finance company
• get an independent mechanical inspection before you buy the car or motorbike
• get a REVS check if you are buying privately or you could risk losing your car or motorbike and your money
• don’t feel pressured by anyone to sign anything – take your time deciding, even if they say it’s the last one left
• remember that once you sign a contract you are locked into the terms and conditions - so make sure you read it before you sign!
• ask the car salesman or private seller if the car or motorbike is insured to cover you if you take it for a test drive - if it’s not covered by insurance, don’t drive it! If it’s not covered because of your age then get a friend or family member, within the insured age group, to drive it (with you as a passenger).

REVS

REVS is an enquiry service that you can call seven (7) days a week. They can tell you if the car or motorbike has money owing on it (if it does you could risk repossession).You should purchase a REVS certificate for a small fee. A certificate gives you legal protection so that you don’t risk having the car or motorbike taken from you, because the previous owner did not pay out the loan.

REVS can also tell you if the car or motorbike is reported stolen, is de-registered due to unpaid traffic fines or has been reported to the RTA as a write-off. However, REVS does not guarantee this additional information.

Brent’s story

Brent bought a car from his mate Sam for $3,000. A month later a repossession agent came to take the car. Brent couldn’t understand what was going on until he found out that Sam had not finished paying off his car loan with the bank. If Brent had just phoned REVS and checked before he bought the car, he might still have it.

Get it REVS checked

Phone 13 32 20 or 1300 723 404 (telephone service for hearing impaired people)
Weekdays 8.30am-5.30pm
Weekends 9.00am-5.00pm
Visit the REVS website www.revs.nsw.gov.au

Top of page

You have rights when you shop for goods and services. When you spend your money, you are entitled to:

• certain quality, performance and safety standards from goods and services purchased
• protection from false advertising claims and high pressure selling tactics
• the correct information about goods and services including such things as price, content and weight of packages, care labels on garments and textiles, and the condition of goods, ie damaged, seconds or used
• safety instructions on dangerous products
• ask for a receipt every time you buy (you’ll have problems solving disputes if you don’t have a receipt).

Refunds

If you simply change your mind, you are not entitled to a refund, repair or replacement. You cannot ask for a cash refund if you didn’t pay cash. You might only be entitled to part refund if the goods have been used.

You can ask for a refund when:

• the goods have a fault that you could not see or were not told about
• the goods do not do the job that you were led to believe they would do
• the goods do not match the sample that you were shown
• the goods were not as they were described.

Buying ‘over the net’

If you buy over the internet from a trader based in NSW it may be easier to sort out any problems that arise, than if you buy from interstate and overseas based businesses.

Before buying 'over the net' make sure you:

• know who you are dealing with, compare prices and make sure you know what you are getting
• check the trader’s refund and returns policy
• check freight or delivery method and costs
• check issues like exchange rates of currency between countries, sales tax and import duties
• avoid traders who won’t give contact names and addresses
• print out your order before you send it - keep a copy
• deal with a trader that uses a secure payment system such as Secure Electronic Transaction (SET)
• look for security messages on the site
• check the web address starts with https before typing in your credit card details (‘s’ means it’s a secure site eg. https://www)
• look for a small padlock that may be at the bottom of the browser
• check that the certificate is issued to the company you are dealing with.

Be in the know!

Ben bought a new walk-man but when he got it home it didn’t work properly. He rang the shop and explained the situation. They told him that he could return it to the shop and they would sort it out. Ben went back that same day and was given a credit note. He didn’t like any of the other walk-mans on offer and in the end bought something that he didn’t really want. Ben felt frustrated and disappointed because he thought there was nothing he could do about it. If Ben had known his rights as a consumer he would have:

• spoken to the shop owner or manager
• known that he did not have to accept the credit note
• known that he was entitled to get his money back or ask the shop owner to replace or repair the walk-man
• contacted his nearest Fair Trading Centre for information about his rights and help in sorting out any problems with the shop.

For more information on shopping call into your nearest Fair Trading Centre, or phone 13 32 20 for some brochures to be sent to you.

Top of page

There are two types of credit users – those who work to a budget and those who don’t.

Credit cards or store cards may seem like a great idea. It’s like being able to buy the things you want now even if you don’t have the money. However, you need to be careful not to get caught out. Buying on a credit card or store card can sometimes mean that you are actually paying more than you would if you paid cash.

If you are using a credit card:

• try and pay your account in full each month whenever possible
• take advantage of any ‘fee free’ period
• use it for purchases only, not cash advances
• remember that department store cards might have higher interest rates
• remember that lay-bys and/or debit cards (where money is deducted from your bank account) might be a better option.

If you are looking at a ‘buy now, pay later’ scheme:

• check out different credit schemes and interest free periods
• remember to read the credit contract and fully understand the terms and conditions before you sign
• try and pay out the full amount of the loan within the interest free period.

Before you enter into a credit contract:

• you must be given information on the fees and charges
• you must be given information about your rights and responsibilities
• never sign anything you don’t understand and accept - don’t feel pressured by others to sign
• remember, if you sign a credit contract you are locked into its terms and conditions.

In your best ‘interest’

Jenny went down town one day and saw a sign in the furniture shop window that read ‘Buy Now, Pay Later’. She saw a really nice bedroom suite but she didn’t have any money to buy it so she decided to use the offer of buying it now and paying for it later.

Jenny’s bedroom suite came to $4,000 and she was asked to sign a credit contract. Jenny was so excited and couldn’t wait to organise her new bedroom suite that she didn’t read the contract which meant that she didn’t know what the terms and conditions said. Jenny was given a payment book and was told all about the interest free period. Jenny agreed to everything but didn’t properly understand what the salesperson was talking about.

Jenny had been making some payments here and there off her loan. However, she was not making the regular recommended payment. The 6-month interest free period had passed and Jenny started getting statements with an ongoing increase to the amount owing. Jenny rang the furniture shop but was told to talk to the finance company, who in turn asked her to have a look at the credit contract that she had signed. Jenny had not realised what she had signed. However, after reading the contract she knew that she had to pay it off quickly. It took her a further nine (9) months to pay off her loan fully.

If Jenny had read and understood the contract and the interest free period she would have paid it off much earlier without having to pay the interest. Also she would have fully understood her responsibilities with the loan.

Get more information before you apply for credit. Call into your nearest Fair Trading Centre, or phone us on 13 32 20 and we can send you copies of our publications.

Top of page

Be aware that if you sign a mobile phone contract, then you are locked into the terms and conditions of the contract for a minimum term, which is often two (2) years.

If you are thinking of buying a mobile phone make sure you:

• read our Buying a mobile phone fact sheet or contact your nearest Fair Trading Centre and ask for a copy to be sent to you
• take your time to look around at plans and choose one that best suits you
• read the contract carefully and don’t feel pressured to sign
• remember that if you cancel or change plans before the end of your contract term you may have to pay extra
• consider the pre-paid option plans.

If you are having problems with your service connection or handset you need to:

• work out who to call to sort the problem out - (is the problem with the handset or the service/network)
• take along the contract and receipt
• try and talk to the owner or manager about the problem - write down the name of the people you speak to and what is discussed.

A poor reception

Scott had to move from his home for work. He rented a flat and decided that it would be better to get a mobile phone than a phone connected to his flat. Scott went into a mobile phone shop and spoke to a mobile phone retailer. He chose a monthly plan with a minimum term of two years. The Plan included a ‘free’ phone and free calls every month with a total minimum cost of $1,500 for the two-year term of contract (which works out to be about $60 per month). Scott planned to have the mobile phone as his only phone and because it was ‘free’ and was the latest model he thought the total cost was reasonable.

His problems began almost straight away. Although the phone would work sometimes, Scott found that he could not send or receive phone calls from his home. He went back to the retailer several times and was told that the phone was not faulty and that it was a problem with the reception. This was an issue for the network provider.

Scott rang his network provider who advised him that the area that he lived in was well known for its poor reception. Scott was very angry. He had made it clear when he signed the contract that he needed the phone so that his employer, family and friends could contact him at home. The retailer denied that Scott had said he mainly wanted to use the phone at home, and anyway, it was Scott’s responsibility to check the coverage map or contact the network provider to find out where he could use the phone before he signed the contract. The network provider would not cancel the contract and refund Scott the money that he had already paid. Scott had to pay for the full cost of the contract - $1,500 - even if he returned the phone and cancelled the contract.

If you have problems with your network service provider, contact:

Telecommunications Industry Ombudsman
PO Box 276, Collins Street West
Melbourne Victoria 8007
Free call: 1800 062 058
Email: tio@tio.com.au
Website: www.tio.com.au

If you have problems with a retailer, contact:

Your nearest Fair Trading Centre
Or phone Fair Trading: 13 32 20
Email: enquiry@fairtrading.nsw.gov.au

Top of page

The first thing you should do is make every effort to sort out the problem directly with the person who sold you the goods or service (also known as a trader). Always try and speak to the owner or manager. Be clear, firm and polite, stating how you would like them to fix the problem. Keep all relevant documents such as letters, receipts, warranties and quotes. Keep a record of any person’s name you have discussions with. If you are not able to solve the problem it may be time to contact us. We can give you information, options and assistance to help sort out your problem. In some cases the Office can contact the trader on your behalf. You may have the option of taking your complaint to the Consumer, Trader & Tenancy Tribunal (CTTT).

The Tribunal

The CTTT is where you will get to explain your side of the story and where a decision can be made by a Tribunal member. The Tribunal is an informal, impartial organisation where they listen to all parties involved and make a decision based on the law. You can contact Fair Trading for more information about the CTTT.

Top of page