Fiji Consumer Council seeks clearer provisions in Public Health Bill

The Consumer Council of Fiji has voiced its support for modernizing the nation's public health law, but insists that several provisions within the Public Health Amendment Bill require refinement. The council believes these adjustments are necessary to ensure fairness, accountability, and the robust protection of individual rights.

Seema Shandil, the Chief Executive of the Consumer Council, stated that while the bill effectively balances public health protection with enhanced enforcement powers, certain clauses could introduce legal ambiguity and unintended consequences for consumers. A primary concern highlighted by Shandil relates to the definition of a "common lodging house." She argued that a property's public health risk is determined by its physical condition and occupancy, not its rental price. Shandil cited instances where houses rented between F$1,000 and F$3,000 were found to be in poor sanitary conditions, suggesting that the term "affordable" could be subjective and lead to confusion if cases were to reach court.

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We believe that a public’s or property’s public health risk depends on its physical condition and occupancy and not on its rental price or price point. And the definition should reflect that reality. Based on our experiences, we have registered cases where even a house that is rented between 1000 and 3000 may be in poor sanitary conditions.

In response to these concerns, Toga Vosataki, the National Wash Coordinator, clarified the intent behind the term "affordable." He explained that it was specifically used to differentiate low-cost accommodation, such as dormitories, huts, and flats, from other forms of rental properties. Vosataki contrasted this with "house let for lodging," which he indicated typically includes hotels, resorts, homestays, and rental houses, including those listed on platforms like Airbnb.

The Standing Committee on Social Affairs is currently scrutinizing the bill, with various stakeholders providing recommendations. The aim is to strengthen consumer protections while simultaneously maintaining effective public health safeguards.

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So the difference is the cost, meaning low-cost accommodation is categorized as common lodging. The good example may be dormitories, maybe the hut, flats, and other low-cost, very, very low-cost accommodation, as opposed to the house let us lodging, which focuses more on hotels, resorts, homestays, the rental house that’s classified as rental, the one that we put up for rent,including Airbnb, and all that.