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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-11-27 Daily Xml
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SUNDRY TRADERS

The Hon. R.D. LAWSON (15:15): I seek leave to make a brief explanation before asking the Minister for Consumer Affairs a question about sundry traders.

Leave granted.

The Hon. R.D. LAWSON: In the annual report of the Commissioner for Consumer Affairs tabled by the minister today, there are contained (as usual) details of actions taken by the office of the commissioner against sundry traders. It includes assurances given by certain persons who apparently have been investigated under various occupational licensing arrangements such as the Plumbers, Gas Fitters and Electricians Act, the second-hand dealers act, the Building Work Contractors Act, the Fair Trade Act, etc. It also contains particulars of some 42 court actions.

My questions really relate to the details of assurances sought in 27 cases. In these cases, an undertaking has been extracted from certain named persons that they will refrain from carrying on business without a licence or will, for example, refrain from issuing misleading or deceptive statements. In other words, an undertaking that they will comply with the law that already exists and they will do what they are required to do, in any event. There is no detail at all of whether or not, following that undertaking being given, the particular person has sought and obtained the necessary licence or any follow-up by the department. My questions are:

1. What is the point of obtaining an undertaking that a person will comply with the law when we are all obliged to comply with it, in any event?

2. What particular consumer benefit does the minister see in publishing undertakings without also providing some details as to whether or not those undertakings have been complied with or whether licences have been obtained?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (15:17): I am not too sure why the honourable member did not attend the committee debate on the Auditor-General's Report earlier today.

The Hon. R.D. Lawson interjecting:

The Hon. G.E. GAGO: Sorry; I thought you referred to the Auditor-General's Report.

The Hon. R.D. Lawson: The Commissioner for Consumer Affairs.

The Hon. G.E. GAGO: I beg your pardon. I do not have the details in relation to the questions asked by the honourable member, but I am happy to take them on notice and bring back a response. I understand that undertakings are something that are used to assist the commissioner in bringing about behaviour that better complies with legislation and regulation. My understanding is—and I am happy to clarify this—that it is a way, if you like, of being less heavy-handed but working with agents to ensure that they do bring about better practices. As I said, I am happy to provide detailed information and bring back a response.

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