We strongly support the content of the Exposure Draft Treasury Laws Amendment (Measures for a later sitting) Bill 2021: Unfair contract terms reforms) (the Draft Bill), and the Explanatory Memorandum (Draft EM). The proposed legislation would give the UCT regime teeth and go a long way towards completing the UCT reform process that has taken well over 10 years.
That said, there are still some ways the Draft Bill could be improved, particularly with regard to access to justice for consumers and small businesses. The regime changes proposed by the Draft Bill would still rely heavily on judgments of the court for just outcomes to be delivered to all consumers impacted by UCTs. Our recommendations are primarily aimed at ensuring that the Draft Bill makes relief for losses caused by UCTs to be more accessible, and ensuring that the regime does not unintentionally have any adverse impact upon consumers or small businesses who have suffered loss as a result of UCTs. Overall, we encourage the Government to introduce the Bill to Parliament as soon as possible and pass the legislation
