The Application of the Consumer Protection Provisions of the Trade Practices Act 1974 (Cth) to Universities

Abstract

An increasing perception that the activities of a university should be considered as products suggests that the legal protection afforded to consumers by the Trade Practices Act 1974 (Cth) may be extended to protect students of universities. However, the application of the Act is affected by a number of factors. The author considers that the university will not be protected by the shield of the Crown, and could be considered to be a trading corporation for the purposes of the Act, but a significant number of activities of a university could not be considered to be in trade or commerce, and so do not invite the application of the provisions relating to unfair practices. The provisions implying terms and conditions into consumer contracts may not apply because of the absence of a contract between the student and the university.