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Consumer Watchdog Shifts Enforcement Approach

Consumer affairs

In short: 

Consumer Affairs Victoria has introduced a new regulatory approach prioritising businesses and conduct posing the greatest risk of consumer harm. The policy also allows serious matters to move directly to stronger enforcement and flags zero-tolerance responses in some priority areas. 

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New Set Of Priorities Outlined

Consumer Affairs Victoria has changed the way it approaches compliance and enforcement across the state, making its latest policy important reading for businesses, landlords and industries operating under the consumer watchdog.

The new Regulatory Approach and Compliance Policy, which came into effect on 6 August, sharpens CAV’s focus on conduct causing the greatest consumer harm rather than attempting to pursue every potential breach. 

For businesses and operators monitored by CAV, the policy provides a clearer picture of what is likely to attract the regulator’s attention and how quickly matters can escalate.

CAV will consider factors including the seriousness of harm, whether affected consumers are vulnerable, a business’s compliance history and whether misconduct is deliberate, repeated or widespread.

Importantly, enforcement will not follow a set sequence, meaning serious matters can move directly to stronger action without a business necessarily receiving lower-level interventions first.

“We do not move through a series of steps sequentially before taking stronger action,” the policy states.

CAV has also flagged zero-tolerance enforcement in some priority areas, where every instance of misconduct will receive a regulatory response regardless of scale. The policy does not specify which areas will receive this treatment. 

The approach is particularly relevant to rental providers, estate agents, owners corporation managers, rooming house operators, motor car traders, conveyancers and other industries regulated by CAV.

Consumer complaints will remain an important source of intelligence, alongside information from councils, law enforcement and other regulators.

CAV is also exploring social media, online forums, artificial intelligence and sophisticated data analytics to identify consumer harm and better target its interventions.

Available responses range from warnings and infringement notices through to licence suspensions, civil proceedings and criminal prosecution.

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