Damon Mcknight
If you have a problem with a product or service in Australia, the first step is always to contact the business and explain the problem and the outcome you desire. This can be done over the phone, via email, or online chat, or in person. If the problem is not fixed, you can make a formal complaint to the business in writing, known as 'internal dispute resolution' (IDR). If the issue is still not resolved, you can take your complaint further by contacting your state consumer protection agency, an ombudsman or other complaint body, or taking legal action.
| Characteristics | Values |
|---|---|
| First step | Contact the business |
| How to contact | Phone call, email, online chat, or in person |
| What to ask for | Explain the problem and the outcome you want |
| If the problem isn't fixed | Make a formal complaint to the business in writing (internal dispute resolution) |
| If the problem still persists | Complain to an independent body or your state consumer protection agency |
| For financial services, energy, water, and telecommunications businesses | External Dispute Resolution (EDR) scheme |
| For issues with consumer goods and services | State government agencies or NSW Fair Trading |
| For issues with prices, competition, unfair market practices, product safety, franchises, and advertising | ACCC or state government agencies |
| For misconduct relating to company management | Lodge a complaint with ASIC (Australian Securities and Investments Commission) |
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What You'll Learn
Contact the business
When making a complaint about a business in Australia, the first step is always to contact the business and explain the problem and the outcome you want. This can often be done via phone, email, or online chat, and in some cases, this initial contact may be enough to resolve the issue. It is recommended to do this as soon as possible.
When contacting the business, it is important to provide clear and concise information about the nature of your complaint. If your complaint involves a product, you should let the business know whether you believe the product has a major or minor problem under the consumer guarantees outlined in the Australian Consumer Law. For example, in the case of a major problem, you can request a replacement, refund, or repair, whereas a minor problem may only require a free repair. Additionally, under Australian Consumer Law, the business that sells the product is responsible for providing a remedy, and you have the right to request information from any assessments conducted by the manufacturer.
If your complaint is regarding a service, you should clearly communicate the issues you have encountered and propose a reasonable solution. It is important to remain calm and respectful throughout the conversation, even if you feel aggrieved. Keep a record of any communication you have with the business, including the dates and content of any phone calls, emails, or chats. This documentation may be useful if you need to escalate your complaint later on.
If your initial contact with the business does not resolve the issue, you can make a formal complaint in writing. This is known as "internal dispute resolution" (IDR). Again, clearly state the problem and the outcome you desire. Keep the original copy of your written complaint, as well as any responses you receive from the business.
If you are unsure about your consumer rights or need help understanding the best course of action, you can refer to government websites or seek advice from organisations such as NSW Fair Trading, which offers free negotiation services for consumer disputes.
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Seek legal advice
If you are considering legal action against a business in Australia, it is recommended that you seek legal advice from a lawyer. Each state or territory in Australia has a small claims court or tribunal that hears cases related to consumer and fair trading issues.
Before taking legal action, it is important to understand your consumer rights and guarantees under Australian Consumer Law. You have rights under consumer law if you have been approached by a salesperson over the phone, at your door, or in a public place, or if you have been asked to agree to a pre-written contract.
You can also seek legal advice from your state or territory's legal service. They can provide you with information about your rights and options, and may even be able to help negotiate a resolution between you and the business. Additionally, some industries have an ombudsman or a national ombudsman that provides dispute resolution services. For example, the Telecommunications Industry Ombudsman and the Australian Financial Complaints Authority handle complaints about telecommunications providers and financial products and services, respectively.
It is important to note that some organizations, such as the Australian Competition and Consumer Commission (ACCC), do not provide legal advice on your rights and obligations under the law or make formal decisions on whether a business has breached the law. However, they can provide information and gather data on consumer and fair trading problems to inform their education, compliance, and enforcement work.
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Complain to an independent body
If your problem remains unresolved after contacting the business, you can complain to an independent body. Financial services (banks, credit providers), energy, water, and telecommunications businesses all belong to an External Dispute Resolution (EDR) scheme.
You can also contact your state consumer protection agency, as each state has a tribunal that hears cases about consumer and fair trading issues. Some industries have an ombudsman or another complaint body that helps resolve disputes. For example, you can lodge a complaint or inquiry with NSW Fair Trading about consumer products and services, including repairs, refunds, replacements, or safety issues. They will act as an informal negotiator at no charge.
If you believe there has been misconduct relating to the management of a company, its directors, or officers, you can lodge a complaint with the Australian Securities and Investments Commission (ASIC). The ACCC and state government agencies can help with complaints about prices, competition, unfair market practices, product safety, franchises, and advertising.
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Understand consumer rights
Understanding your consumer rights is important when buying products or services in Australia. The Australian Consumer Law (ACL) is a set of rules designed to ensure consumers are treated fairly and are not cheated, tricked, or taken advantage of. The ACL is enforced by the Australian Competition and Consumer Commission (ACCC) and state and territory consumer protection agencies.
Under the ACL, businesses must meet a set of basic rights called consumer guarantees when selling products or services. These guarantees include the right to a repair, replacement, or refund if a product or service does not meet expectations. Consumers also have the right to contract cancellation, claiming compensation for damages and loss, and warranties. It's important to note that consumer guarantees do not apply to financial products such as insurance, which are regulated by the Australian Securities and Investments Commission (ASIC).
Consumer guarantees apply to most products and services purchased in Australia, including caravans and other recreational vehicles. However, they may not apply to one-off sales between individuals or certain auction sales. Consumers should also be aware of their rights when it comes to unsolicited supplies, misleading pricing, and poor service.
If a consumer has a problem with a product or service, they should first contact the seller to try to resolve the issue. If the problem is not resolved, they can then contact the relevant consumer protection agency or the ACCC for guidance on how to proceed. It's important to note that the ACCC does not handle individual complaints but focuses on widespread issues.
By understanding their consumer rights, Australians can make informed choices and ensure they are treated fairly when purchasing goods or services. These rights empower consumers to speak up and take action if their expectations are not met.
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Complain about scams or unsafe products
If you want to complain about scams or unsafe products in Australia, there are several options available to you. Firstly, it is important to distinguish whether you are a consumer or a business owner yourself. For consumers, the relevant authority to report scams to is Scamwatch. Scamwatch is a government initiative that helps to stop scammers, warn others, and educate consumers about avoiding scams. You can report scams to Scamwatch via their website, and they will use your report to work with organisations to remove scam websites, scam ads, and contact details. If you are at immediate risk, call 000, and if you have had your personal or financial information stolen, contact your bank or credit card provider immediately.
For businesses affected by unfair, anti-competitive, or misleading conduct, the Australian Competition and Consumer Commission (ACCC) accepts reports of information about concerning business practices and behaviours. The ACCC does not resolve individual complaints or provide legal advice, but they will respond to your report if they have information that may help you. Note that the ACCC does not make calls from their reception numbers, so if you receive a call asking for personal information, do not provide this information and hang up.
To complain about an unsafe product, you can submit a complaint to the Queensland Government via their product safety complaint form. They will need all the possible details to help investigate your complaint. However, they do not handle compensation claims, so you may wish to talk to a lawyer with experience in product liability law.
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