13 Scott Street,
Elwood,
 Victoria 3184.

12thAugust 2004.
TransTasman Study
Productivity Commission
LB2 Collins Street east
Melbourne 8003

Dear Trans Tasman Study,

Australian and New Zealand Competition and Consumer Protection regimes

May I make a short preliminary response to your Issues Paper dated July 2004. I do so based on nearly thirty years experience in consumer related fields across both the private and public sectors. I have written extensively in the field.  My short points are:

1. Consumer Affairs in Australia is effectively a concurrent responsibility. The Issues Paper would appear to have a bias towards Australian Federal legislation and mechanisms. I would urge the review to ensure that the role of the states and territories is fully considered.

2. Unlike the United Kingdom and EEC jurisdictions, Australia does not recognise the importance of ensuring that the consumer interest is at the centre of government policy making . Instead, Australia relies on competition law and policy to provide that perspective. That is a flawed approach. By way of back ground I refer you to the 2004 Melbourne presentation of (now Dame) Deirdre Hutton, Chair of the National Consumer Council of the UK when she delivered the revived Ruby Hutchison Memorial Address. See : http://www.consumer.vic.gov.au/cbav/fairsite.nsf/5a5c2294e2ee3a664a25678a0013c2bd/ecd8a9502c055785ca256e5c0008f7db?OpenDocument

In that presentation Dame Deirdre outlines most succinctly the pivotal role of a government funded National Consumer Council to provide an independent consumer policy focus that can provide well researched consumer advocacy and input to government policy making. It provides a necessary balance to the extremes of competition policy. Australia has no such mechanism. It should have.

Finally, I attach a copy of a short paper Consumer Affairs: the Cinderella of government policy making, that I published in 2003 ((2003) 28 Alt L. J. 182). It summarises what I perceive to be current shortcomings in the Australian consumer policy making arena.

Should I be able to assist further please do not hesitate to contact me.

Yours faithfully,

Simon Smith