Maths tutoring director fined
ASM Australian Specialised Maths Pty Ltd
Issue Date: - Friday, 9 November 2007
A company director from Croydon in Victoria, was fined $1,000 in the Joondalup Magistrates Court for not ensuring his company provided legal entitlements to its "door-to-door" customer.
ASM Australian Specialised Maths Pty Ltd, went into liquidation in September 2007 after the director of the company was charged with offences under the Door to Door Trading Act.
He pleaded guilty to two charges as a director of a company that took payment inside the 10-day cooling-off period, and provided services by installing software also within the cooling-off period. He was fined $500 on each charge and ordered him to pay $462.00 costs. Magistrate Geoff Lawrence ordered a spent conviction.
"The director and his company were charged for offences where a door-to-door customer in Carramar was likely to be misled about their right to a 10-day cooling-off period. The cooling-off period is right at the heart of the Door to Door Trading Act which provides integral protection for consumers," Consumer Protection Commissioner Patrick Walker said.
"It enables consumers to review their decisions that may have been made under pressure, and allows them time to check that a purchase represents value-for-money," Mr Walker said.
In passing sentence, Magistrate Lawrence said that a company director's responsibilities need to extend to the company's people that go door-to-door. He said the Door to Door Trading Act had been a long fought for progress made by Consumer Protection and, in this case, the consumer's protection was completely missing.
"It is worth remembering that if a door-to-door seller omits any of the mandatory information about consumers' rights, consumers may have up to six months to cancel their contract and a seek a refund," Mr Walker said.
Consumers with any questions about door-to-door matters should contact Consumer Protection on 1300 30 40 54 or on email consumer@docep.wa.gov.au <mailto:consumer@docep.wa.gov.au>.
This page was modified on 15 September 2011 for legal reasons.