Nicola Howell

Developing a consumer policy for the 21st century

In light of the Productivity Commissions inquiry into Australias consumer policy framework and administration, this article explores three assumptions that have underpinned our consumer protection framework to date: assumptions about the benefits of competition, self-regulation, and information. It argues that the benefits can be over-stated, and do not always reflect the reality of consumer experience. The article calls for the development of an overarching framework or principles document, with a more moderated approach to competition, self-regulation and information. While the Productivity Commissions draft report has admirably dealt with many of these issues, there is scope for the proposed objectives and recommendations in the final report to reflect more consistently the disparate impact of markets and competition on consumers, and the findings of behavioural economics.

Contemporary Consumer Law: The Role and Effectiveness of Regulation in Consumer Protection

This issue of the Griffith Law Review focuses on consumer law, and the pervasive nature of this area of law. We are all consumers, but do not necessarily identify as such, nor are we a homogeneous group. The boundaries of ‘consumer law’ are also amorphous, and these factors make the challenge of developing effective, appropriate and contemporary consumer law a significant one for policy-makers.