Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where after a
complaint or matter has been made or referred to the Department the
Commissioner is satisfied that a consumer has a cause of action or a good
defence to an action and that it is in the public interest or proper so to do,
he may, on behalf of the consumer institute legal proceedings against any
other person or defend any proceedings brought against the consumer, where the
amount claimed or involved in either case does not exceed the sum of
$40 000, with a view to enforcing or protecting the rights of the
consumer in relation to any infringement or suspected infringement by that
other person of those rights or of any of the provisions of any Act or any
other law relating to the interests of consumers.
(2) The Commissioner
shall not institute or defend any proceedings pursuant to subsection (1)
without first —
(a)
obtaining the written consent of the consumer which once given is irrevocable
except with the consent of the Commissioner; and
(b)
obtaining the written consent of the Minister which may be given subject to
such conditions as the Minister thinks fit.
(3) In relation to any
proceedings referred to in subsection (2), the following provisions
apply —
(a) the
Commissioner shall, on behalf of the consumer, have in all respects the same
rights in and control over the proceedings, including the right to settle any
action or part of any action, as the consumer would have had in the conduct of
those proceedings;
(b) the
Commissioner may, without consulting or seeking the consent of the consumer,
conduct the proceedings in such manner as the Commissioner thinks appropriate
and proper;
(c) any
moneys (excluding costs) recovered by the Commissioner shall belong and be
paid to the consumer without deduction and any amount awarded against the
consumer shall be paid by and recoverable from the consumer, but in all cases
the costs of the proceedings shall be borne by or paid to and retained by the
Commissioner as the case may require; and
(d) if
any party to the proceedings files a counterclaim, or if the consumer on whose
behalf the proceedings are being defended is entitled to file a counterclaim,
and that counterclaim is not related to the cause of action and in no way
relates to the interests of the consumer as a consumer, the court hearing the
proceedings shall, on the application of the Commissioner, order that the
counterclaim be heard separately and that the consumer be a party to the
counterclaim in his own right and may make such other orders or give such
directions in that behalf as it thinks fit.
(4) Any money which
the Commissioner becomes liable to pay by virtue of this section shall be
charged to the Consolidated Account and this Act, without any further
appropriation, is sufficient authority for the payment of the money.
[Section 18 amended by No. 21 of 1975
s. 11; No. 1 of 1985 s. 16; No. 17 of 1988 s. 4;
No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of
2006 s. 4.]