Legislative Council: Thursday, September 24, 2015

Contents

Question Time

Consumer Protection

The Hon. T.T. NGO (14:36): I seek leave to make a brief explanation before asking the Minister for Business Services and Consumers a question about how the state government protects the community and our children from unsafe products.

Leave granted.

The Hon. T.T. NGO: We can all be at risk at some time or another of being exposed to a possibly unsafe product which may cause us harm or injury. However, as adults, we are likely to be able to assess these risks and protect ourselves from harm.

As a father of two young children, I know—and many honourable members here who also have children would agree with me—that this is often not the case with young children. My question is: can the minister tell the chamber what role CBS plays in the regulation of product safety and what action is taken by CBS when unsafe products are identified in the marketplace?

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (14:37): I thank the honourable member for his most important question. I know that he, in particular, being the father of two very young children, has a keen interest in the safety of products around children. I know that most other members here, being parents, aunties and uncles, also understand the importance of keeping our children safe.

The Office of Consumer and Business Services plays a significant role in protecting our community from unsafe products that may cause harm or injury or impose a risk. The safety of consumers, particularly our young children, is at the forefront of CBS's commitment to protecting the public. Consumer and Business Services has been investigating the safety of products, in particular, erasers that resemble food products.

These products have come to CBS's attention after similar complaints were raised in Victoria. As a result of these investigations, I have issued a safety warning notice over a gumball machine and other erasers being sold in South Australia's stores and online. This warning relates to a gumball machine that dispenses colourful balls used by children as erasers. While the product and the packaging are marked with warning labels advising that they are non-edible and not recommended for children under the age of three, nevertheless I am concerned that they may still pose a serious risk.

There is no denying that companies are becoming more and more creative in the way they sell and market their products, which is why Consumer and Business Services, along with parents and caregivers, needs extra vigilance. These erasers can come in a variety of shapes and are often made to look and smell like food, making them extremely attractive to young children, who could easily mistake them for being a lolly.

This particular product I am talking about contains lightweight coloured balls with a very fruity smell to them, and they certainly would fail the small parts choking hazard test for children under three. Although the eraser balls may be difficult for a child to actually bite into, there are safety concerns that they are small enough to be swallowed and could easily become an ingestion or choking hazard.

I have written to the ACCC outlining my concern and asked that they review this product, and I understand that the ACCC are finalising their investigation into this and that the result should be known shortly. We believe that a safety warning is a responsible step to highlight, especially to parents, that there may be potential risks with this particular product.

CBS are investigating these products and working closely with other regulators, including Consumer Affairs Victoria, to consider whether a review of relevant standards may be needed. This is timely, given the lead-up to Christmas. With people not far off purchasing gifts, it's important that parents and caregivers keep a keen eye on these types of products that may imitate food and be easily mistaken for a lolly.

Unfortunately, small children are not often able to tell the difference, which could result in a devastating outcome, in terms of either injury or death, before something is actually done. I commend the work that Consumer and Business Services continues to do in being proactive in consumer protection and the regulation of unsafe products, and I again draw parents' attention to this warning; if they want more information, it's online.