Business Law

Take Care When Signing Things

• Don’t sign anything until you read it.
• Don’t sign anything until you understand it.
• Don’t sign anything unless you agree with it.
• Don’t sign anything with blank spaces or that does not include all the things that are important to you.
• Keep a copy of everything you sign.
• If you’re told what is written down really means something different from what you think it means, don’t automatically believe it.
• If you’re not sure about signing something, take it to a lawyer before you sign it, not after.
• Keep good records.
• A verbal contract is worth the paper it’s written on.
• If someone is trustworthy enough to do a deal with, they should be willing to sign a written agreement.
• The answer to “Don’t you trust me” is always “It is not an issue of trust; it is an issue of doing things properly”.

Take Care When Buying Things

• If a deal looks too good to be true, it probably is.
• When you’re buying something, don’t rely on the advice of a salesman who gets paid only if you buy it.
• When buying a house, hire your own qualified home inspector.
• Do lots of research before hiring a contractor.
• If a deal is valid only if you sign right now, it’s almost never a good deal.
• After you buy most things, you do not have 3 days to change your mind.
• You’re still responsible for paying your lease, even if you move out early.
• If someone on the other side tells you that you don’t need a lawyer, you almost certainly do.

Trade Practices and Consumer Rights

There are many publications about the Trade Practices Act available on the ACCC web site. The easiest way to find them is to look through their Publications by Topic page.

You also have obligations under State Laws as well - e.g. product safety, packaging, warranties etc. General information on this is available at the Office of Consumer and Business Affairs.

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Industry Complaints Resolution Bodies

A number of industries have established independent offices to assist the public to resolve disputes with their members.  Examples include banking, insurance and telecommunications.

Their sites often have useful information and links.  They explain how they can help to resolve a dispute and what you need to do.  Usually there are limits on the size of the dispute that they can resolve.

Industry Complaint Resolution Bodies

• Administrative Appeals Tribunal (AAT)
• Australian Banking Industry Ombudsman (ABIO)
• Australian Direct Marketing Association (ADMA)
• Australian Communications and Media Authority
• Credit Ombudsman Service (includes mortgage industry)
• Credit Union Dispute Resolution Centre
• Employee Office of the Employee Advocate (Federal)
• Energy Industry Ombudsman (SA)
• Franchising - Office of the Mediation Advisor
• Financial Industry Complaints Service
• Health - State Health and Community Services Complaints Commissioner
• Health Insurance Private Health Insurance Ombudsman
• Human Rights and Equal Opportunity Commission (HREOC)
• Insurance Brokers Disputes Ltd
• Insurance Enquiries & Complaints Scheme
• Insurance Industry Ombudsman
• Intelligence Inspector General of Intelligence and Security
• Migrant Review Tribunal
• Privacy Commissioner
• Public Advocate (SA)
• Refugee Review Tribunal
• Social Security Appeals Tribunal
• Superannuation Complaints Tribunal
• Telecommunications Industry Ombudsman
• Telephone Information Services Standards Council
• Veterans Review Board

Setting Up Business

The South Australian Government has an excellent website http://www.business.sa.gov.au/ with information for businesses large and small.  Topics include starting a business, growing a business, export, innovation and government assistance.

It has a lot of information that can be downloaded and is a good entry point to finding the business services that are available and how to make contact with them.

Other sites to obtain general information on running a business are:

1. Business Victoria which has information and checklists on starting and managing a business:
2. The Federal Government Business Web site
3. Venture Capital - SA Venture Capital Board and the Industry body AVCAL.
4. Franchise Council of Australia
5. South Australian Business Associations

Environment Protection

Environment Protection Authority (SA)

Keep an eye on what is required of your business on the environmental front. Perhaps complete the Eco-Efficiency Checklist to assess the environmental impact of your business: