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What are my rights if my disability-related equipment breaks, doesn’t fit or doesn’t work?

If you have paid for some or all of your disability-related equipment you have rights under the Australian Consumer Law.  As the person who bought the equipment, you are called a ‘consumer’.  You can use your rights as a consumer if the equipment breaks, doesn’t fit or doesn’t work as it should.  If you were told by the equipment provider that it would do something which it doesn’t do, you have rights to have it replaced by something that does do those things, or to get your money back.

Each situation is unique. So if you have a problem like this, you can contact Consumer Rights Victoria, Victoria Legal Aid or Australian Competition and Consumer Commission.

Some information to think about is:

(a)  How much the equipment cost – this will determine the type of dispute you would have if you took the equipment provider to the Victorian Civil and Administrative Tribunal (VCAT) or court.

(b)  What are the terms and conditions of your contract – what do they say about equipment breaking down or not working?

(c)  Has the equipment provider offered to fix or replace the equipment?

Generally contracts have information about what will happen if the equipment does not work or isn’t what you asked for. In rare cases where the contract has no information about this, a law called the Australian Consumer Law and Fair Trading Act gives you these rights.