New South Wales Consolidated Acts

CONSUMER CLAIMS ACT 1998 - SECT 15

15 Certain matters to be reported to Chairperson of Tribunal or to Minister

(cf Act No 206 of 1987, sec 41)

(1) Members of the Tribunal may submit a written report to the Chairperson of the Tribunal concerning:

(a) any matter that arises out of the hearing or determination of a consumer claim by the Tribunal (constituted by those members) that they consider to be of importance as regards the relationship of consumer and supplier, or

(b) any matter that, in their opinion, is relevant to the administration of this Act and should be brought to the attention of the Chairperson of the Tribunal.

(2) The Chairperson of the Tribunal may submit a written report to the Minister concerning:

(a) any matter that arises out of the hearing or determination of a consumer claim by the Tribunal (constituted by the Chairperson) that the Chairperson considers to be of importance as regards the relationship of consumer and supplier, or

(b) any matter that, in the opinion of the Chairperson, is relevant to the administration of this Act and should be brought to the attention of the Minister, or

(c) any matter reported to the Chairperson by a member or members of the Tribunal in accordance with subsection (1) and which the Chairperson considers should be brought to the attention of the Minister.

(3) If, in the course of, or as a result of, the hearing of a consumer claim by the Tribunal, it appears to the Tribunal that a supplier has, in the course of the supplier’s dealings with the claimant, engaged in conduct that should be brought to the attention of the Director-General, the Tribunal may make a report in writing on that conduct and transmit it to the Director-General.

(4) If a report transmitted to the Director-General under subsection (3) relates to a supplier who appears to the Director-General to be:

(a) as a supplier of goods or services, required by law to be the holder of a licence, certificate of registration, practising certificate, permit or other authority, or

(b) a member of a trade organisation comprised of persons or mostly of persons who supply goods or services of the kind supplied by the supplier,

the Director-General may transmit a copy of the report, or any information contained in the report, to the authority responsible for the administration of the law or that trade organisation.

(5) The Director-General has qualified privilege in proceedings for defamation arising out of a communication made under this section.