Transcript
Complaints and conciliation video six – Investigations
If you’re watching this video, chances are you’ve been through the complaints process with us and things may still be unresolved. We may have said we’re considering investigating the business or landlord in your complaint, or we may have said we won’t investigate but you really want us to. Either way we’ll have told you your best option now is to go to court.
You might be wondering why we’ve said you should take the business or landlord to court. Shouldn’t we be the ones to do that?
We are able to investigate certain matters and, when necessary, take legal action like going to court. However…
- We are often not able to investigate individual complaints. Our priority is to focus on behaviours where we can have the most impact, such as those that target vulnerable consumers or result in widespread consumer detriment. So, going to court would be the only option for you to seek an outcome.
- If we do consider investigating the business or landlord’s behaviour, we have to be very sure we can prove an offence has happened. That means talking to witnesses, gathering evidence and following proper procedures. Investigations can take a long time.
- And, when you go to court about your complaint, the main focus is getting the compensation you’re after. When we take a business or landlord to court, our main focus is to prosecute them for breaking the law. The court might consider compensation, but it’s not guaranteed.
Let’s explore investigations a little more.
Investigations and conciliation have two different purposes.
As a reminder, in conciliation, we work with you and the business or landlord to help you get a reasonable solution to your complaint. The process is voluntary so we cannot direct anyone to take part or enforce any agreements made. During conciliation, we keep you informed every step of the way because it’s about getting a result for you.
Investigation is about identifying when businesses have broken the law and getting them to follow the rules.
We may decide to investigate if it’s a serious breach of the law, like:
- a dealer selling unroadworthy vehicles
- a business repeatedly taking money from consumers without providing the product or service
- a real estate agent misusing trust funds
- a business selling products that don’t meet safety standards
or,
- you’re reporting a business that has broken the law but you’re not seeking an outcome.
Ultimately, we have to be sure that an investigation is in the public interest. In other words, would the people of WA be happy for us to put the time and resources into investigating the business or landlord’s behaviour?
To ensure it is in the public interest, we look at many factors when deciding whether to investigate, like:
- Is the business a repeat offender or is this a first-time offence?
- Does the business’ behaviour make their whole industry look bad?
- Do we need to take action to protect the WA community from the business’ behaviour?
While we can prosecute in the courts, there are other steps we can take to encourage businesses to change their behaviour, such as education, warnings, and fines, to name a few.
If we decide to investigate the business or landlord in your complaint, we’ll let you know. But, unlike conciliation, we won’t keep you informed every step of the way. We may contact you if we need more information during the investigation. Or you may not hear from us until the investigation is complete, which can take a long time.
Closing
As you can see, our focus with investigations is on changing business’ behaviour rather than resolving complaints.
So, if we’ve said that going to court is your next step, that’s because it’s the best way – and often the only way – to get the outcome you’re looking for.
If you’re uncertain about going to court, our Going to the Magistrates Court in Western Australia video series can help you prepare.
If you haven’t already, check out the other Complaints and Conciliation topics.
To better understand the complaint process or your rights and responsibilities as a consumer or business, visit our website at consumerprotection.wa.gov.au or give us a call on 1300 30 40 54.