In Australia, standards can either be voluntary or mandatory. Compliance with Australian Standards (i.e. voluntary standards) is only legally required if they are referenced in regulation, legislation or in a contract.
Voluntary standards
Many organisations choose to comply with voluntary standards. Voluntary standards are published documents setting out specifications and procedures designed to ensure products, services and systems are safe, reliable and consistently perform as intended. Voluntary standards establish a common language which defines quality and safety criteria. They facilitate trade and market exchange and give more certainty to buyers and sellers trading products, helping to limit ambiguity over buyer requirements and product specifications.
Standards Australia has a catalogue of approximately 7,519 Australian Standards, one third of which are referenced in Australian, state or territory regulation. These cover everything from consumer products and services, construction, engineering, business, information technology, human services, energy and water utilities, to the environment.
Mandatory standards
Mandatory standards, for example, mandatory safety standards, are made for products that are likely to be especially hazardous. In making mandatory safety standards, the government protects consumers by specifying minimum requirements that products must meet before they can be supplied. Safety standards require goods to comply with particular performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging rules.
Voluntary standards can be used as a ‘Deemed to Satisfy’ solution of the law. The National Construction Code references voluntary Australian Standards as a means of demonstrating compliance with the National Construction Code. The standards are by virtue of this reference, in law, and must be complied with if they are used as a means of demonstrating compliance. This type of regulatory structure allows for choice in complying with an Australian Standard or using another method to demonstrate compliance. Examples of mandatory Australian Standards include electrical safety, consumer product safety standards and building and plumbing standards.
Compliance with Australian Standards
Where organisations make a claim of compliance with Australian Standards this must be substantiated. If an organisation falsely represents that its goods or services meet a certain standard this is likely to raise concerns under the misleading or deceptive conduct and misrepresentation provisions in the Australian Consumer Law. Where a claim is false or misleading consumers may make a complaint to the Australian Competition and Consumer Commission (ACCC) under the Australian Consumer Law or State or Territory Fair Trading Offices.
Problems with products not meeting Australian Standards, as stipulated in a contract, for example, are usually a matter for the parties to the contract who have a general recourse to legal action.
Compliance with Australian Standards should not be confused with consumer guarantees that apply to all goods and services sold in Australia under the Australian Consumer Law.
Consumer guarantees include:
- goods will be of acceptable quality
- goods will be fit for any disclosed purpose
- goods will match their description
- goods will match the sample or demonstration model
- any express warranties will be honoured
- spare parts and repair facilities will be available for a reasonable time
- services must be provided with care and skill, be fit for any disclosed purpose and achieve any disclosed result.
Learn more about the Australian Consumer Law.