Who to Complain to About a Consumer Problem in Australia

The ACCC enforces the Australian Consumer Law nationally but generally does not resolve individual disputes; a consumer complaint usually needs to go to the business first, then a state or territory regulator, before a tribunal or court becomes necessary.

This article sets out the general escalation path for a consumer complaint under the Australian Consumer Law. It does not predict the outcome of any individual complaint or dispute.

Step one: raise it directly with the business

The first step in almost every consumer dispute is contacting the business itself, explaining the problem clearly and, where the fault meets the tests described in faulty goods and your right to a refund, stating what remedy is being sought. A business must not tell a consumer to take a consumer guarantee problem to the manufacturer instead, except in the narrow situation where the only issue is that spare parts or repair facilities are unavailable under section 58. Putting the complaint in writing, by email or through a formal letter, creates a record that becomes useful if the dispute needs to be escalated later. Keeping proof of purchase, photos of the fault, and any correspondence with the business strengthens a later complaint to a regulator or tribunal. Proof of purchase does not have to be a paper receipt, and a bank or card statement, an emailed tax invoice or a warranty card can serve the same purpose.

Step two: your state or territory consumer affairs regulator

If the business does not resolve the problem, the next step is generally the consumer affairs regulator in the relevant state or territory, not the ACCC. Each regulator can provide advice, attempt informal conciliation between a consumer and a business, and in some cases take direct compliance or enforcement action:

• Queensland: the Office of Fair Trading
• New South Wales: NSW Fair Trading, which can also issue a formal consumer guarantee direction requiring a business to comply with a guarantee
• Victoria: Consumer Affairs Victoria
• Western Australia: Consumer Protection, within the Department of Local Government, Industry Regulation and Safety
• South Australia: Consumer and Business Services (CBS)
• Northern Territory: NT Consumer Affairs
• Tasmania: Consumer, Building and Occupational Services (CBOS)
• Australian Capital Territory: Access Canberra

Contacting the correct state or territory regulator matters. A complaint about a Queensland-based business generally goes to the Office of Fair Trading even if the consumer who bought from it lives interstate, though most regulators also accept complaints from consumers dealing with a business based in another state.

Where the ACCC fits in

The Australian Competition and Consumer Commission enforces the ACL nationally, alongside every state and territory regulator, but its role in an individual dispute is limited. The ACCC's own guidance is explicit that it does not provide legal advice about what a specific consumer is entitled to, does not resolve individual disputes about whether a guarantee has been met, and does not decide what a specific remedy should be. Its focus is on broader compliance and enforcement activity, using individual complaints as intelligence about patterns of conduct across an industry or business, rather than case-by-case resolution. Reporting a problem to the ACCC can still be worthwhile, particularly where a business appears to be engaging in conduct affecting many consumers, such as systemic misleading advertising or a widespread refusal to honour guarantees, since that is the kind of pattern the ACCC's enforcement powers are aimed at.

Step three: a tribunal or court

Where direct contact with the business and the relevant regulator do not resolve a dispute, a tribunal or court claim may be the next step. The forum, monetary limit and fees differ significantly between states and territories, covered in full in small claims tribunals across Australia. Filing in the correct forum matters: Western Australia uses the Magistrates Court rather than a tribunal, for example, and using the wrong venue can cost time and a filing fee that is not always refundable.

Industry ombudsman schemes

For some sectors, an industry-specific ombudsman or dispute resolution scheme may be available as an alternative, or a step before, a tribunal claim, particularly for telecommunications, energy, and financial services disputes, which sit partly outside the general ACL consumer guarantee framework and are regulated by sector-specific bodies. Where a dispute involves one of these regulated sectors, checking whether an industry ombudsman scheme exists can sometimes resolve a complaint faster and at no cost than a general consumer affairs pathway.

What to have ready at each stage

Regardless of which stage a complaint has reached, having a clear written timeline of what was bought, when, what went wrong, what contact has already been made with the business, and what remedy is being sought, makes every subsequent step faster. A regulator or tribunal will generally want to see that the business was given a genuine opportunity to resolve the problem directly before the complaint was escalated.

Scams are different from consumer disputes

It is worth separating a genuine consumer dispute, where a real business supplied faulty goods or services or is not honouring a guarantee, from a scam, where the transaction itself was fraudulent from the outset, such as a fake online store that never sends anything, or a phishing attempt disguised as a purchase. Scams are generally reported to Scamwatch, run by the ACCC, or to the Australian Cyber Security Centre for cyber-enabled fraud, rather than pursued through the consumer guarantee complaint pathway described in this article, because a scam is not really a dispute with a legitimate supplier about a guarantee at all. Where it is genuinely unclear whether a problem is a scam or a legitimate but unresolved consumer dispute, the state or territory regulator is still a reasonable first point of contact and can help direct the complaint appropriately.

Complaints about a business in another state

Because the ACL is a single national law, a state or territory regulator's practical remit is not strictly limited to businesses physically located in that state. Most regulators accept a complaint from a consumer who is a resident of that state or territory even where the business they dealt with is based elsewhere in Australia, and regulators routinely liaise with each other and with the ACCC on cross-border matters. A consumer unsure which regulator to approach can generally start with the regulator in their own state or territory, or the one where the business is based, and expect to be redirected if there is a more appropriate agency.

This page provides general legal information about escalating a consumer complaint under the Australian Consumer Law, verified 21 July 2026. It is not legal advice about your own purchase or dispute. For advice on your situation, consult a legal practitioner admitted in the relevant Australian state or territory.

For the underlying remedy rules a regulator or tribunal will apply, see faulty goods and your right to a refund. For the forum and limit in your state or territory, see small claims tribunals across Australia. Return to the Australian Consumer Law hub for the full picture.

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.