Consumer Rights for People with Disability

Information Kit

Find out more about Consumer Rights for People with Disability in Western Australia, from our factsheets, videos and online legal information course for disability related legal matters.

Information for Consumers with Disability

This information is for you if you buy things like disability-related products and services. It explains your rights as a consumer under the Australian Consumer Law. These rights apply when you buy things for your own use.

When you buy something that costs up to $40,000 or is normally used for personal purposes, you are a consumer.

The Australian Consumer Law protects you when you buy things like food, clothing, TV, and disability-related products, and when you use services like internet plans, physical therapy, cooking services, and vehicle or home modifications.

Your rights as a consumer apply no matter how you purchase something, whether it’s in a store, online, over the phone or from a door-to-door salesperson. Your rights still apply even if you paid for the product or service through the National Disability Insurance Scheme (NDIS) or your state/territory’s disability support system.

When you purchase a product or service, you have certain rights. You have the right to:

  • Take your time and ask for what you want
    Ask for a better price
  • Say no if you don’t want the product or service
  • Be treated fairly, and
  • Receive accurate information. Businesses are not allowed to mislead you

When you buy things like products or services, the law says they must meet certain standards. This includes that the products or services:

  • Are of good quality
  • Match the description given, or any samples or demonstrations shown
  • Are provided with care and skill, and within a reasonable time frame
  • Are suitable for the purpose you told the seller about

If the product or service you bought doesn’t meet the guarantees under the law, you can ask for a repair, replacement, or refund for the product, or the service to be fixed. If the problem with the product is big, you can choose how it is fixed, but if it is small, the supplier gets to choose. If the supplier fails to fix a problem with a service within a reasonable time, you can pay someone else to complete the service and claim the cost from the supplier, or you can cancel the contract and ask for a refund.

Sometimes, a business might ask if you want to pay extra money for an “extended warranty” to cover any problems with the product you buy. However, most of the time, you already have protection for free under the consumer law, so an extended warranty may not give you any extra protection. Make sure you understand what the extended warranty covers before deciding to pay for it.

It’s your money
Before buying anything, it’s important to research your options and think about what you need from the product or service. Don’t rush into a purchase without considering your choices. Look at different offers, compare prices and features and choose what works best for you. Keep in mind that sometimes businesses may make false claims, so be cautious and make sure you have all the facts before making a decision.

It’s ok to say no
If you ever feel like you’re being rushed into buying or signing something, it’s important to take your time and not feel pressured. You have the right to say no if you’re not comfortable with the situation.

Understand contracts
A contract is an agreement between two people to exchange goods or services for payment. It can be written or verbal. When you make a contract with a business, they agree to do things for you, and you agree to do things for them, like paying them money. Before signing a contract, you should:

  • Read it carefully
  • Ask questions, and
  • Make sure you understand what it means for you and the business
  • If you need to, you can ask for the paperwork in a different format

Don’t feel rushed and take your time.

Keep all the paperwork
When you buy something, it’s important to keep the receipt and any other paperwork, like a contract. You can ask for a receipt for anything you buy or pay for.

When people sell goods or services at your door or on the phone, they must follow special rules. They cannot call or visit early in the morning, late at night, or on Sundays or public holidays. You have the right to refuse them and ask them to leave at any time. If you buy something for more than $100 from a door-to-door salesperson:

  • The seller must give you all the details in writing.
  • The seller cannot ask you to pay for 10 business days after giving you the contract in writing.
  • You have 10 business days to change your mind and cancel the contract without being charged a penalty.
  • If the good or service costs more than $500, the seller cannot provide it to you until 10 business days have passed.

If you have any issues with a purchased product or service, it’s important to first reach out to the business or service provider either by phone or in person. Be sure to clearly explain the problem and provide a proposed resolution. If the first point of contact is unable or unwilling to assist, consider reaching out to the business in writing through methods such as email, an online form, or a letter.
 


 
If you don’t feel comfortable contacting the business directly, or if they do not cooperate, contact your local consumer protection agency for assistance.

If you need help understanding your rights or want more information, visit www.accc.gov.au/disabilityresources.
 

The website has videos and a guide for people with disabilities and can direct you to additional resources if needed.

Original source 

Our Information Kits have been made possible by research funded by the Department of Communities, Disability Justice Advocacy Project and the development of accessible resources funded by the Department of Social Services, National Disability Advocacy Program. 

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