The Australian Competition and Consumer Commission ('ACCC') is an independent authority that enforces compliance with the Competition and Consumer Act 2010 and other consumer protection laws. It promotes competition, fair trading, and regulates national infrastructure in Australia.
Please Note: The ACCC does not resolve individual complaints but accepts reports about business practices and behaviours that cause concern. They can also help with questions about rights and obligations under the law, but individual remedies are unlikely to be offered.
What types of complaints can you make?
Consumer Issues
- Quality: Products must be safe, durable, and defect-free.
- Fit for Purpose: Products must suit the buyer's intended use.
- Match Description/Sample: Products must match any description or sample shown.
- Extra Promises: Businesses must honour any extra promises.
- Repairs/Parts: Manufacturers must provide spare parts and repair services.
- Ownership: Buyers should fully own the product without reclaim issues.
- Service Quality: Services must be performed with acceptable care.
- Service Fit for Purpose: Services must meet the stated purpose.
- Timely Service: Services must be provided within a reasonable time.
Business Obligations:
- Truthful Advertising: No misleading claims.
- Honour Promises: Provide promised rebates, gifts, prizes.
- Clear Pricing: Show total costs, including extra charges.
- Fair Competition: No misuse of market power or unfair practices.
- No Price Fixing: Competing businesses must not agree on prices.
- No Anti-competitive Contracts: Avoid contracts that reduce competition.
- Fair Market Practices: No market sharing or minimum resale prices.
- Unfair Contracts: Standard contracts must be fair.
- Product Safety: Products must meet safety standards and not be banned or recalled.
Special Rules:
- Franchising: Follow the Franchising Code of Conduct.
- Scams: Avoid fraudulent transactions.
- Wholesale Gas: Follow the Gas Market Code and related rules.
ACCC will not deal with complaints about:
- Hiring/Leasing: Guarantees apply except for ownership.
- Private Sales/Auctions: Most guarantees don’t apply.
- Overseas Products: Must comply with Australian law but enforcement is difficult.
- Pre-2011 Purchases: Covered by old laws.
- Financial Products/Business Transport/Storage: Different rules apply.
- Engineering/Architect Services: ‘Fit for purpose’ doesn’t apply.
Jurisdiction:
Includes all of Australia and overseas businesses selling directly to Australian consumers.
ACCC will not deal with complaints about:
- The ACCC cannot resolve complaints, act on behalf of individuals, provide legal advice, make formal decisions on law breaches, or set prices for goods or services.
- Not responsible for financial products and services, which fall under ASIC.
Who can you make a complaint against?
You can make a complaint against:
- Individuals: Sole traders providing products or services.
- Businesses: Those providing goods or services, including online and overseas businesses.
- Energy Service Providers: Including issues related to electricity, solar panels, and systems.
- Telecommunications Providers: Including internet and mobile phone services.
- Government Bodies and Authorities: If they are conducting business activities.
ACCC will not deal with complaints about:
- Banks and financial services providers (report to ASIC).
- Government agencies involved in tax collection, licensing, or non-commercial activities.
Are you eligible to make a complaint?
Who can make a report to the ACCC?
Anyone can make a report to the ACCC regarding an issue under the Australian Consumer Law. A report to the ACCC can also be submitted anonymously.
Before you lodge a complaint:
You should raise your problem with the business and attempt to resolve the issue before you report the business to the ACCC. The ACCC has a created a ‘Complaint letter tool’ to assist consumers with preparing a complaint letter to send to a business in relation to a product purchased or service received from the business.
Can report an issue to the ACCC on behalf of someone?
It is unclear from the ACCC’s online report form whether a person can report an issue to the ACCC on behalf of someone else.
ACCC will not deal with complaints about:
There are no exclusions or exceptions in relation to who can report an issue to the ACCC. However, there are exclusions in relation to who you can reports to the ACCC about and the types of reports that the ACCC can receive (see steps 2 and 3).
What can this body do to help?
The ACCC may provide:
- General Guidance: Information on consumer rights and business responsibilities under Australian Consumer Law.
- Product Safety: Information on product recalls and mandatory safety standards.
- Compensation: Guidance on seeking compensation for damage or loss due to a problem with a product or service.
- Investigation: The ACCC may investigate if there are numerous reports of the same nature or significant issues.
How to prepare your complaint
Format:
Reports can be lodged online, by post, by phone, or in person.
Personal Details:
Optional, but including your name, email, and postcode helps the ACCC respond.
Respondent’s Details:
Include the business name and how you interacted with them.
Relevant Facts:
Describe the problem and your attempts to resolve it, with supporting documents if available.
Lodging your complaint and next steps:
Where to Lodge:
- Online: forms for consumer issues, scams, or unsafe products.
- Post: Level 27, 135 King Street Sydney NSW 2000
- Phone: 1300 302 502
- In Person: Level 27, 135 King Street Sydney NSW 2000
Receipt and Acknowledgement: The ACCC will respond if they can provide helpful information or if you asked a question about your rights.
Investigation: Only a few reports are investigated, typically those with serious or systemic issues.
Keep Records: Keep a copy of your report for future reference.
More information:
Refer to the factsheet provided below for more information.
