Melbourne Law School - Research Publications

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Author: Arstein-Kerslake, Anna × Author: Paterson, Jeannie × End date: 2021 ×

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    Enhancing Access and Support for Water Customers with Cognitive Disabilities: A Guide for Water Businesses
    Maker, Y ; Callahan, A ; McSherry, B ; Paterson, J ; Brophy, L ; Arstein-Kerslake, A (Essential Services Commission, 2020)
    This document is designed to assist water businesses to maximise accessibility and support for customers in a manner that is consistent with best practice in terms of water businesses’ regulatory obligations. It is based on research conducted with people with cognitive disabilities and their representative organisations.
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    Thanks a Bundle: Improving Support and Access to Online Telecommunications Products for Consumers with Cognitive Disabilities
    Maker, Y ; Paterson, JM ; McSherry, B ; Brophy, L ; Arstein-Kerslake, A ; Callahan, A ; Teo, E (University of Melbourne, 2018-12-13)
    This report presents the results of a 2018 study conducted by an interdisciplinary research team, which was supported by the Melbourne Social Equity Institute and funded through the Australian Communications Consumer Action Network's Grants Program. The operation of the Australian Communications Consumer Action Network is made possible by funding provided by the Commonwealth of Australia under section 593 of the Telecommunications Act 1997. This funding is recovered from charges on telecommunications carriers.
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    Ensuring Equality for Persons with Cognitive Disabilities in Consumer Contracting: An International Human Rights Law Perspective
    Maker, Y ; Arstein-Kerslake, A ; McSherry, B ; Paterson, J ; Brophy, L (University of Melbourne, Faculty of Law, 2018)
    This article explores the implications of the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for the exercise of consumer rights and consumer protection of persons with cognitive disabilities in Australia. It identifies several limitations of existing consumer protection laws and principles in realising the rights of persons with disabilities to equality and non-discrimination, to live independently and be included in the community, to accessibility of services and information and to equal recognition before the law. Most centrally, the emphasis in Australian consumer protection law on setting aside contracts where consent is invalid or vitiated has potentially discriminatory consequences and does not offer the means for contracting parties to exercise their legal capacity and enter contracts for goods and services on an equal basis with others. Models of ‘supported decision-making’ — which respect the legal capacity of the individual while providing support to exercise that capacity — are proposed as a necessary complement to the existing consumer protection regime. Drawing on the findings of a qualitative study, the article identifies existing barriers to consumer transactions for persons with cognitive disabilities and explores the role of supported decision-making in removing those barriers. The article concludes by proposing an approach to supporting persons with cognitive disabilities in the conduct of consumer transactions by prioritising accessibility of information, privacy and non-discrimination and supported decision-making.