What do you want to do ?
"I need a refund"
If you didn’t get the product you paid for, there are laws to protect you. Rachel came to VCAT because she wanted to get a refund.
A ‘wrong’ product
Rachel is a nurse at the local Aboriginal health service. She wants to buy a car so she can get to work easier.
She sees an ad online for a second hand car. The ad says that the car has done 40,000 kms and has a brand new interior.
When Rachel picks up the car, she notices that the seats are worn out and ripped at the back. The car has also done 65,000 kms.
Laws around a product or service
If you buy a product or a service, there are laws to make sure you get what you paid for. A product or service can’t be very different from how it’s described in an ad. It must also be of acceptable quality.
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Applying to VCAT
Rachel wants to return the car because it’s not what she paid for. She asks for a refund, but the dealer refuses.
Rachel doesn’t know what her rights are. She can’t afford a lawyer so she calls Consumer Affairs Victoria for advice. They suggest she write to the dealer, to show that she asked for a refund.
She can try to settle the dispute directly with the car dealer and save herself the time of taking legal action. If that doesn’t work she can also apply to VCAT. VCAT can order the dealer to pay her a refund.
Rachel decides to apply to VCAT. She’d prefer to negotiate with the dealer directly, but feels she has no choice because she’s not getting anywhere. She emails the dealer to let them know.
Try to settle
Even if you’ve made an application, you can still try and resolve the issue directly with the other party, right up until the hearing. Read more about how to settle.
Get help and advice
It’s a good idea to get advice about your rights and situation before you apply. VCAT can’t give you legal advice. These organisations may be able to help you.
Consumer Affairs Victoria
Advice on faulty products, refunds, exchanges and your consumer rights. Call 1300 55 81 81 and select the Koori option.
Consumer Action Koori Help
Legal advice on utility bills, debt, payday loans and your consumer rights. Call 1800 574 457.
Asking for another date
Rachel gets a notice from VCAT with a hearing date to resolve the dispute. She can’t come on that date because she needs to go back to country for a few weeks for her aunty’s funeral.
Rachel calls VCAT’s Koori Helpline to ask for another date. She speaks to a Koori Support Officer who explains that she needs to ask VCAT in writing.
The Koori Support Officer also explains to Rachel how a hearing works and what she can do to prepare.
VCAT allows Rachel to change the date of her hearing.
‘It’s nothing more than just saying, ‘hey, one of your mob is here’. Having someone else who inherently understands is huge! It makes a massive difference!’
Need cultural support or advice?
Call or text our Koori Helpline on 0417 516 335, Monday to Friday from 8:30am to 4.30pm. Or email koori.support@vcat.vic.gov.au.
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At the hearing
On the day of the hearing, Rachel is nervous about coming face to face with the dealer. She feels a bit better though, because she could bring her sister with her and the Koori Support Officer talked her through what to expect.
The member gives everyone a chance to speak. Rachel is prepared and explains what happened. She shows the photos she took of the car and the receipt to back up her case.
The member asks questions from Rachel and the dealer to get all the facts. After considering the evidence, they order the dealer to refund the money Rachel paid for the car.
This decision is in the order Rachel receives.
What’s an order?
If you come to a hearing, the VCAT member makes a decision and gives an order. An order tells parties how the case has been decided and any action they must take. All parties follow VCAT's orders.
What’s a member?
A person who hears and decides cases at VCAT. Some members are specialists in particular areas of law.
‘She had empathy…that's what I needed and that's what she gave me. That was really good.’
Don’t understand the order?
Ask the member to explain it to you in the hearing. Or call the Koori Helpline on 0417 516 335.
The outcome
Rachel’s relieved and looks forward to getting her money back from the dealer. She’s glad she stood up for herself. She felt heard.
The Koori Support Officer’s help made it a lot easier to explain her situation.
Rachel tells her family and friends about the Koori Helpline, so they can also get support when they need it. Having Koori support at VCAT is handy for community, and she hopes that by sharing her story, it’ll be easier for others to raise their issues at VCAT.
‘I’ve told people if you’ve got any issues, go and see them. I’ll promote VCAT because of that, because of how good they were to me.’
Start your application
Before you start your application, we step you through the process and tell you about application fees, timeframes and documents you need. You pay when you submit your application.
If you are experiencing financial hardship, you may be eligible for fee relief. You can apply for fee relief at the same time as you submit your application.