Legal Presumptions for State of Mind in Consumer Law Proceedings
Justice and Community Safety Legislation Amendment Bill 2024 (No 2)
Introduced by: Tara Cheyne (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
A company is taken to have a specific state of mind if its representative had that state of mind while acting within their authority; this applies to proceedings under the Australian Consumer Law.
Individuals cannot be imprisoned for an offence if the conviction relied on them being the 'person' responsible for a representative's conduct.
People who honestly make complaints or give information to an official visitor are immune from civil or criminal liability; this also protects them from breaches of professional ethics or confidence.
Official visitors must keep information given to them secret; they are treated as officials subject to secrecy laws.
A person or company is held responsible for conduct carried out by their representative or someone acting on their behalf.
The Human Rights Commission can make any preliminary inquiries it needs to decide how to handle a complaint.
The Human Rights Commission must notify respondents in writing when it refers retirement village service matters or residential occupancy disputes to the ACAT.