National Consumer Congress 2007

1. National Consumer Congress 2007 Professor Chris Field Member, Economic Regulation Authority Chair in Consumer Law, La Trobe University Session 1, Working Together

2. About the Presenter Professor Chris Field is a Member of the Economic Regulation Authority, the independent regulator of the Western Australian gas, electricity, water and rail industries and Chair in Consumer Law at La Trobe University. He is also an Adjunct Professor in the Centre for Advanced Consumer Research at the University of Western Australia, Chair of the Consumer Utilities Advocacy Centre and a Director of the Energy and Water Ombudsman Victoria. He also undertakes selected consultancy work, the most recent being a major research report for the Victorian Department of Justice on Alternative Dispute Resolution. Previously, Chris was widely regarded as one of Australia’s leading consumer advocates, well known for his work as the Executive Director of the Consumer Law Centre Victoria for seven years and Chair of the Australian Consumers’ Association for four years.

3. Introduction This session is about working together. In the working together spirit, I thought we might run this session ‘working together’. As such, I propose to: • Make some opening comments to help frame the session; • Invite a number of people to talk to us for about 5 minutes about examples of what working together means; and • Invite all session attendees to discuss the possibilities and challenges presented by working together.

4. Context for working together First, it is a very interesting time to be involved in consumer policy – if we get this right we can enhance the long-term interests of Australian consumers. Interestingly, the Terms of Reference for the Productivity Commission review state that: In conducting the inquiry and making recommendations, the Commission is to have particular regard to the shared responsibility of consumers, businesses and governments for responding to consumer issues .

5. Working together: Different meanings Second, in my view, working together will be a critical part of us getting things right. Working together might apply on various levels including whole of government responses, federal-state co-operation, intra-sectoral co-operation and inter-sectoral co-operation.

6. Whole of government responsesFederal-state co-operation • We should not underestimate the efficiency and effectiveness benefits for consumers of governments working together (or regulators and other decision-makers for that matter).

7. Intra-sectoral co-operationInter-sectoral co-operation • Working together has benefits within sectors, but also between different sectors.

8. Policy approaches …economic efficiency and social justice are not opposites but partners in progress [Tony Blair] • Policy approaches can be harmonised with good effect.

9. Policy approaches • For example, Competition is good for consumers. Competition creates the greatest choice for consumers of products and services, delivers those goods and services at the lowest price and ensures the highest quality for those goods and services.

10. Policy approaches • Competition also drives economic efficiency and efficient economies maximise productive capacity and wealth generation. In this way, economic efficiency, cannot, and should not, be separated from social justice – the greater the wealth in our community, the greater the capacity to distribute that wealth in ways that accord with our agreed conceptions of a just society.

11. The problems Third, without wanting to limit the broad appeal of working together, we will need to consider some of the problems. Best, or correct policies, may be compromised for sake of agreement, sometimes working against ideas is also important and necessary and working together makes for delay, often considerable.

12. Closing thought • Over the last fifteen years, all Australians have benefited enormously from a series of reforms to our economy. These reforms have not been achieved easily and have required the political courage to resist vested interests keen to protect their regulated advantage. They have required strong, co-operative commitment from governments to ensure that reforms are aimed at improving the long-term interests of all consumers. Australia’s consumer protection framework will now similarly be subjected to reforms that will enhance the long-term interests of every Australian. Governments, industry and consumers alike will share in the benefits of properly conceived and executed reform, and together, they have a shared responsibility to ensure that it happens. • Chris Field, ‘Reviewing Australian Consumer Protection’, (2007) 35 ABLR 46