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Who to Complain to About a Consumer Problem in Australia

By Recording Law Editorial Team9 min read
Who to Complain to About a Consumer Problem in Australia

Frequently Asked Questions

Should I complain to the ACCC first?

No. The ACCC generally does not resolve individual consumer disputes. The usual order is to raise the problem with the business first, then contact your state or territory consumer affairs regulator, before considering the ACCC (for systemic issues) or a tribunal claim (for your own dispute).

Which regulator do I contact for my state?

Queensland uses the Office of Fair Trading, New South Wales uses NSW Fair Trading, Victoria uses Consumer Affairs Victoria, Western Australia uses Consumer Protection, South Australia uses Consumer and Business Services, the Northern Territory uses NT Consumer Affairs, Tasmania uses Consumer, Building and Occupational Services, and the ACT uses Access Canberra.

Can NSW Fair Trading force a business to give me a remedy?

NSW Fair Trading can issue a formal consumer guarantee direction requiring a business to comply with a guarantee. If a business or consumer disagrees with that direction, either can apply to NCAT for a redetermination.

What should I do before contacting the regulator?

Contact the business directly first, ideally in writing, explain the problem and what remedy you are seeking, and keep records of the purchase, the fault and any correspondence. Regulators and tribunals generally expect this step to have happened already.

Is there always a tribunal I can escalate to?

Most states and territories have a tribunal or court that can hear consumer disputes, but the forum, monetary limit and fees differ. See our guide to small claims tribunals across Australia for what is confirmed for each jurisdiction.

Sources and References

  1. ACCC: Consumer rights and guarantees(accc.gov.au).gov
  2. NSW Fair Trading(nsw.gov.au).gov
  3. Queensland Government: Office of Fair Trading(justice.qld.gov.au).gov
  4. Consumer Affairs Victoria(consumer.vic.gov.au).gov
  5. WA Consumer Protection, Department of Local Government, Industry Regulation and Safety(consumerprotection.wa.gov.au).gov
  6. South Australia Consumer and Business Services (CBS)(cbs.sa.gov.au).gov
  7. NT Consumer Affairs(consumeraffairs.nt.gov.au).gov
  8. Tasmania Consumer, Building and Occupational Services (CBOS)(cbos.tas.gov.au).gov
  9. ACT Access Canberra(accesscanberra.act.gov.au).gov
  10. NCAT: Consumer claims (jurisdiction, orders and process)(ncat.nsw.gov.au).gov
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