PULS answers

Many thanks to those who took part

The participation of 6008 people was invaluable and will help to make better services for those in need across Victoria!

With the participants help we can improve our understanding of how people deal with problems which come up in everyday life, such as those to do with housing, work, family, neighbours and goods and services. It will help us determine what kinds of information and services are needed to best help the community solve everyday problems.

Find out much more information about the project, what it is about and how findings will be used.

The answers to the PULS questions

For participants of the survey, the interviewer described a range of problems – to do with rented housing, employment, neighbours, consumer and family issues – and asked what participants thought their rights were.

Below are the answers to the questions that were asked. You can see how many you got right, why the answer is what it is, and find out about some of organisations that help when people face problems like these.

Note that not everybody was asked all of the question.

Rented Accommodation

We asked the following questions about living in rented accommodation.

Is a rental provider (i.e. a landlord) allowed to enter a renter’s home to carry out routine repairs without first telling the renter?

No.

Rental providers or their agent can enter a property to make repairs, however, under residential tenancy laws, they must give the renter 24 hours’ notice before entering the property for this reason. For an urgent repair such as this, the renter may agree to let them enter with less notice. Read more on when rental providers can enter the property.

If an air conditioner stops working after a renter moves into a new home, is the rental provider (i.e. landlord) legally obliged to repair it?

Yes.

Under Victorian rental laws, this is regarded as an urgent repair. Rental providers must make urgent repairs immediately. Find out more about repairs to a rental property.

Can a rental provider say a renter can’t keep a cat or a dog just because they don’t want a pet in their property?

No.

If you want to keep a pet, you must give the rental provider a completed pet request form. They can only refuse your request if VCAT orders it is reasonable to do so. The landlord has 14 days from receiving the pet request form to apply to VCAT. If you don’t hear from the rental provider within 14 days, you can keep the pet. Find out more about the right to keep pets and pet requests.

More information and advice about renting

If you are a rental provider or a renter and want to know your rights or are facing a problem yourself, a number of organisations may be able to help you. These include Tenants Victoria and the Consumer Affairs and Justice Connect websites.

Neighbours

We asked the following questions about neighbours.

Do neighbours in built-up areas have the right (i.e. are they permitted) to play loud music after midnight?

No.

It’s an offence to make unreasonable noise from a residence. Noise is unreasonable when it occurs during prohibited hours and someone in any other residence can hear it. Currently the prohibited times to play loud music at night are:

• Monday to Thursday before 7 am or after 10 pm.
• Friday before 7 am or after 11 pm.
• Saturday and public holidays before 9 am or after 11 pm.
• Sunday before 9 am or after 10 pm.

If the noise is after hours, and your neighbour is not helpful, the Police will be able to take the necessary action. Find out more about noise and the law.

Can you take legal or other formal action to make a neighbour clean up rubbish that is on their property and creating a fire hazard?

Yes.

You can bring a legal action known as ‘nuisance’. If a court finds that your neighbour has created a nuisance, they may order your neighbour to stop or remove this nuisance. However, going to court is a last resort as it can be costly and time consuming. You could also call your local council as the rubbish might be deemed a nuisance under the Public Health and Wellbeing Act 2008.

Find out more about alternatives to resolving a neighbourhood dispute.

If a neighbour’s child left a hose running all night in their house, flooding your house, would the neighbour be legally obliged to pay for any damage?

Yes.

If your neighbour caused the water to flow onto the property, then they are responsible for paying to fix the damage caused. If you cannot reach agreement with your neighbour to fix the damages, you may lodge a legal claim with VCAT within six years. Get help with a neighbourhood dispute.

Find more information and advice about neighbours and the law

If you want to know your rights and obligations concerning neighbours, or have a neighbourhood dispute yourself, a number of organisations may be able to help you including the Dispute Settlement Centre of Victoria and Victoria Legal Aid websites.

Consumer rights

We asked to imagine the following scenario about purchases.

Does a furniture shop have to take back a dining table and provide you a refund if, on delivery, you decide you no longer want it?

No.

In Australia, goods and services come with consumer guarantees. The consumer guarantees apply for a reasonable amount of time depending on the nature of the goods or service.

Consumer guarantees apply regardless of any extra warranties suppliers sell or give you.

A reasonable customer would expect a couch to last for more than two years, so there is no need to purchase an extended warranty in this situation.

Consumers should check if an extended warranty is good value by asking: Does the extended warranty offer a higher protection than the automatic consumer guarantees?

Retailers and suppliers must not mislead or deceive consumers about the need for an extended warranty or their benefits.

Find out more about consumer guarantees.

If you found a fault in a new $2000 couch after 18 months, would you need an ‘extended warranty’ for the shop to have to repair it?

No.

In Australia, goods and services come with consumer guarantees. The consumer guarantees apply for a reasonable amount of time depending on the nature of the goods or service.

Consumer guarantees apply regardless of any extra warranties suppliers sell or give you.

A reasonable customer would expect a couch to last for more than two years, so there is no need to purchase an extended warranty in this situation.

Consumers should check if an extended warranty is good value by asking: Does the extended warranty offer a higher protection than the automatic consumer guarantees?

Retailers and suppliers must not mislead or deceive consumers about the need for an extended warranty or their benefits.

Find out more about consumer guarantees.

If you agreed to pay a tradie $400 to install blinds but they later invoiced you $700 because essential repair work was also needed, would you have to pay for the additional work?

No.

A business must not make false or misleading representations about the cost of a service. A consumer can lodge a complaint with Consumer Affairs Vic if they feel they have been ripped off.

Find more information and advice about consumer rights

If you want to know your rights as a consumer or are facing a consumer problem yourself, a number of organisations may be able to help you. These include Consumer Affairs Victoria and the Consumer Action Law Centre websites.

Employment

We asked to imagine the following scenarios about employment.

Is a permanent employee at a company which has 45 employees covered by unfair dismissal laws after 7 months working there?

Yes.

If the employer has at least 15 employees, the employee must have been employed for at least six months to be covered by unfair dismissal laws. In this scenario the company has 45 staff, and the employee has been there for seven months, so is covered by the unfair dismissal laws in this situation and can challenge the dismissal.

However, if the employee believes the decision to dismiss them breached the general protections for employees under the Fair Work Act, they wouldn’t have to worry about the criteria mentioned above. i.e. it wouldn’t matter how long they had been at the company or how big the company is. That’s because it is unlawful to dismiss someone due to their race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

The employee is also protected by what is called general protections provisions, which protect employees from action being taken against them for exercising their workplace rights such as making a complaint about issues in relation to their employment. This is a complex area of law and employees who are dismissed should seek legal advice.

Is an employer allowed to consider employees’ ages when making decisions about who to make redundant?

No.

It is unlawful to discriminate against someone because of their age in employment matters.

Is a company allowed to pay an adult casual employee $15 an hour if that’s all they can afford and the employee agrees?

No.

Employers and employees cannot be paid less than their applicable minimum wage, even if they agree to it. Find more about the current National Minimum Wage.

To find out more about what your minimum pay rate is you can call the Fair Work Infoline: 13 13 94 or visit the Pay and Conditions Tool (PACT): www.fairwork.gov.au

Find more information and advice about employment rights

To find more about your rights as an employee or employer or are facing an employment problem yourself, a number of organisations may be able to help you. These include JobWatch and the Fair Work Commission, and for people up to the age of 25, Young Workers Centre. You many also be able to seek help from a union if you are a member.

Family and relationships

We asked to imagine the following scenarios about family and relationships.

If you were living with a partner you depended on financially for three years and they died suddenly without naming you in their will, would you have a good claim to some of their assets if you challenged the will?

Yes.

Any person who can show that a person who made a will had a ‘moral duty’ to look after them can challenge a will by starting a process in the Supreme Court known as ‘testator’s family maintenance’. Find out more at Victoria Legal Aid.

After separation, if parents can’t agree, is there a standard amount of time that a child must legally spend with each parent?

No.

The time a child spends with each parent should be worked out based on what is best for the child. If parents cannot agree, they can attend family dispute resolution. If agreement is still not reached, you can apply to court for parenting orders. The court will base their decision on what is best for the child. Find out more at Victoria Legal Aid.

Does a parent still have to pay child support if the other parent won’t let them see the child?

Yes.

Parents are legally obliged to pay their child support assessment regardless of contact arrangements. Find out more about child support.

Find more information and advice about family and relationship problems

To find out more about your rights and obligations in relation to family, children and relationship problems or if you are experiencing such a problem yourself, a number of organisations may be able to help you. These include Victoria Legal Aid, and Women's Legal Service Victoria.

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